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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 Great Britain to reciprocal arrangements between Great Britain and Northern Ireland relating to social security. The arrangements are made between the Minister of State for Employment, with the consent of the Treasury, of the one part and the Minister for Communities for 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 relating to social security 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 will be treated as a claim to, or award of, that benefit in the other territory; and

  • an 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 earlier reciprocal arrangements.

The arrangements also contain provisions relating to extra-statutory payments made to employment and support allowance claimants who moved between the two territories before 6th April 2016. At that time employment and support allowance was not included in the reciprocal arrangements. These payments will 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 contained in the Memorandum of Reciprocal Arrangements set out in the Schedule to the Social Security (Northern Ireland Reciprocal Arrangements) Regulations 2016 as varied by the provisions set out in the Schedule to these Regulations.

An impact assessment has not been produced for these Regulations as they have no impact on business or civil society organisations.