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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

These Regulations give effect in Northern Ireland to reciprocal arrangements between Great Britain and Northern Ireland relating to social security. The arrangements are made between the Minister of State for Employment on behalf of the Secretary of State for Work and Pensions, with the consent of the Treasury, of the one part and the Minister for Communities in Northern Ireland, with the consent of the Department of Finance, of the other part. These arrangements are contained in the exchange of letters set out in the Schedule to these Regulations.

The arrangements amend earlier reciprocal arrangements contained in the Memorandum of Reciprocal Arrangements set out in the Schedule to the Social Security (Great Britain Reciprocal Arrangements) Regulations (Northern Ireland0 2016 (“the Principal Arrangements”) in order to include in their scope—

  • Part 5 of the Pensions Act 2014 and Part 5 of the Pensions Act (Northern Ireland) 2015 which introduce throughout the United Kingdom a new benefit known as bereavement support payment. The earlier reciprocal arrangements help secure a single system of social security for the United Kingdom. So, for example, a claim to, or award of, bereavement support payment in one territory shall be treated as a claim to, or award of, that benefit in the other territory, and

  • income-based jobseeker’s allowance. This is necessary in order to align the treatment of jobseeker’s allowance with that of employment and support allowance. Both types of employment and support allowance, income-related and contributory, are included in the scope of the Principal Arrangements.

The arrangements also contain provisions relating to extra-statutory payments being made to contributory employment and support allowance claimants who moved between the two territories before 6th April 2016. Before 6th April 2016, employment and support allowance was not included in the Principal Arrangements. These payments shall be converted into statutory awards of contributory employment and support allowance in the new territory without the need for a claim.

The Regulations provide that the legislation referred to in regulation 2(2) is adapted to give effect to the provisions of the Principal Arrangements as amended by the provisions set out in the Schedule to these Regulations.