# The Social Security (Reciprocal Agreement) (Isle of Man) (Amendment) Order (Northern Ireland) 2018 S.R. 2018/212 · made 13 December 2018 The Isle of Man Pensions Act creates a new benefit called Manx state pension to which people in the Isle of Man reaching pensionable age on or after 6th April 2019 may be entitled. Made under: Social Security Administration (Northern Ireland) Act 1992 (Section 155, Section 165); Social Security Contributions and Benefits (Northern Ireland) Act 1992; Pensions Act (Northern Ireland) 2015 PDFs: Printed copy https://openlegislation.uk/social-security-reciprocal-agreement-isle-of-man-amendment-order-northern-ireland-2018/pdf/nisr_20180212_en.pdf ## Introductory text Social Security Made 13th December 2018 Coming into operation 6th April 2019 Section 155(1)(a), (2), (3), (4) and (5) of the Social Security Administration (Northern Ireland) Act 1992 provides that for the purpose of giving effect to any agreement with the government of a country outside the United Kingdom providing for reciprocity in matters relating to payments for purposes similar or comparable to the purposes of legislation to which that section applies, the Secretary of State may by Order make provision for modifying or adapting the Social Security Administration (Northern Ireland) Act 1992, the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and Part 1 of the Pensions Act (Northern Ireland) 2015, and any regulations made under those Acts or that Part, in their application to cases affected by the agreement. Accordingly, the Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by sections 155(1)(a), (2), (3) and (5) and 165(4), (5) and (6) of the Social Security Administration (Northern Ireland) Act 1992. ## 1 Citation and Commencement This Order may be cited as the Social Security (Reciprocal Agreement) (Isle of Man) (Amendment) Order (Northern Ireland) 2018 and shall come into operation on 6th April 2019. ## 2 Amendments to existing agreement The existing Reciprocal Agreement set out in the Schedule to the Social Security (Reciprocal Agreement) (Isle of Man) Order (Northern Ireland) 2016 is amended in accordance with the provisions set out in the Schedule. ## Signature Signed by the authority of the Secretary of State for Work and Pensions Guy Opperman Parliamentary Under-Secretary of State Department for Work and Pensions 13th December 2018 ## Schedule: AMENDMENTS TO THE EXISTING AGREEMENT ## 1 The Reciprocal Agreement relating to state pension and retirement pension between the Secretary of State for Work and Pensions and the Department for Social Development in Northern Ireland of the one part, and the Minister for the Treasury of the Isle of Man of the other part, as set out in the Schedule to the Social Security (Reciprocal Agreement) (Isle of Man) Order 2016 and the Social Security (Reciprocal Agreement) (Isle of Man) Order (Northern Ireland) 2016 is amended as follows ## 2 In the heading, for “SOCIAL DEVELOPMENT” substitute “COMMUNITIES”. ## 3 In Article 1 (interpretation), in paragraph (1), after the definition of “the Isle of Man Contributions and Benefits Act” insert— ““the Isle of Man Pensions Act” means Part 1 of the Pensions Act 2014 as it applies in the Isle of Man from time to time by virtue of the Pensions Act 2014 (Application) Order 2018 (S.D. 2018/0076);”. ## 4 In Article 2 (application of agreement), after “Pensions Acts” insert “or the Isle of Man Pensions Act”. ## 5 In Article 3, after “on or after 6th April 2016”, insert “but before 6th April 2019”. ## 6 In Article 4, after “on or after that date” insert “but before 6th April 2019”. ## 7 After Article 4 insert— “4A. The 1977 Agreement shall not apply and this Agreement shall apply to a person who reaches pensionable age on or after 6th April 2019 for the purposes of claims for and determining entitlement to a Manx state pension under the Isle of Man Pensions Act.”. ## 8 For the heading for Article 5 (provisions applying to the United Kingdom) substitute— “Minimum number of qualifying years and rate of pension payable”. ## 9 After Article 5 insert— “5A. Subject to Articles 7 and 8, in the case of a person to whom Article 2 applies— (a) for the purpose of determining only whether a person has at least the minimum number of qualifying years for a Manx state pension to be payable under section 2 or 4 of the Isle of Man Pensions Act, any tax year for which that person’s earnings factor is sufficient to satisfy paragraph 5A(2)(b) of Schedule 3 to the Social Security Contributions and Benefits Act 1992 or paragraph 5A(2)(b) of Schedule 3 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 shall be taken into account in the Isle of Man; and (b) the rate at which a Manx state pension is payable to a person under section 2 or 4 of the Isle of Man Pensions Act is to be determined by reference only to the number of qualifying years under section 2 or 4 of that Act.”. ## 10 After Article 10 (movement between territories) insert— “10A. A person to whom this Agreement applies, who is entitled to a Manx state pension under the Isle of Man Pensions Act, shall be entitled to receive any increase in the rate of that pension, while that person is in the territory of the United Kingdom, as if that person were in the territory of the Isle of Man.”. ## 11 In Articles 13 and 14 (general provisions), for “Social Development” substitute “Communities”. ## Explanatory note (This note is not part of the Regulations) The Isle of Man Pensions Act creates a new benefit called Manx state pension to which people in the Isle of Man reaching pensionable age on or after 6th April 2019 may be entitled. The Social Security (Reciprocal Agreement) Isle of Man (Northern Ireland) Order 2016 provides for a degree of reciprocity between the United Kingdom and the Isle of Man in state pension matters. This Order amends the Reciprocal Agreement set out in the Schedule to the Social Security (Reciprocal Agreement) Isle of Man (Northern Ireland) Order 2016. The amendments are necessary because the Isle of Man will be introducing Manx state pension from 6th April 2019 and the amendments are required to reflect the change in the law. An impact assessment has not been produced for this Order as it has no impact on business or civil society organisations. --- Source: https://www.legislation.gov.uk/nisr/2018/212 (the official version) Page: https://openlegislation.uk/social-security-reciprocal-agreement-isle-of-man-amendment-order-northern-ireland-2018 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.