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The Social Security (Reciprocal Agreements) Order 2012

S.I. 2012/360 · Made 15 February 2012

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Social Security

Made 15th February 2012

Coming into force 22nd February 2012

At the Court at Buckingham Palace, the 15th day of February 2012

Present,

The Queen’s Most Excellent Majesty in Council

The Orders in Council specified in Schedule 2 modified or adapted certain enactments so as to give effect to the agreements set out in the Schedules to those Orders:

Her Majesty’s Government in consequence of changes in the law of Great Britain has proposed to each of the governments with whom the United Kingdom has made such an agreement alterations to the agreement:

Section 179(1)(b), (2) and (5) of the Social Security Administration Act 1992f1 provides that, for the purpose of giving effect to any such agreement as it would be if it were so altered in accordance with such proposals, Her Majesty may by Order in Council make provision for modifying or adapting the Social Security Administration Act 1992, the Social Security Contributions and Benefits Act 1992f2, Part 1 of the Welfare Reform Act 2007f3 and regulations made under that Part, in their application to cases affected by the proposed alterations:

Accordingly, Her Majesty is pleased, by and with the advice of Her Privy Council, in exercise of the powers conferred by section 179(1)(b), (2) and (5) of the Social Security Administration Act 1992, to make the following Order in Council:

Annotations to the whole text

Footnotes

f1

1992 c.5, as amended by S.I. 2011/2425. Other amendments to section 179 are not relevant to this Order.

f2

1992 c.4.

f3

2007 c.5.

Contents

  1. 1Citation and Commencement
  2. 2Modification of Legislation
  3. Signature
  4. Schedule 1PROPOSED ALTERATIONS TO EXISTING AGREEMENTS
  5. Schedule 2ORDERS IN COUNCIL MODIFIED BY THIS ORDER
  6. Explanatory note

1Citation and Commencement

This Order may be cited as the Social Security (Reciprocal Agreements) Order 2012 and shall come into force on 22nd February 2012.

2Modification of Legislation

The Social Security Administration Act 1992, the Social Security Contributions and Benefits Act 1992, and Part I of the Welfare Reform Act 2007 and regulations made under that Part, are to be modified to such extent as may be required to give effect to the alterations set out in Schedule 1 which are proposed to the agreements set out in the Orders in Council specified in Schedule 2.

Signature

Richard Tilbrook

Clerk of the Privy Council

Schedule 1PROPOSED ALTERATIONS TO EXISTING AGREEMENTS

Where in the agreements set out in the Schedule to an Order in Council specified in Schedule 2 to this Order there are references to invalidity benefit or invalidity pension under the legislation of the United Kingdom, such references shall be altered to include a reference to employment and support allowance which is a contributory allowance awarded by virtue of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010f1.

Schedule 2ORDERS IN COUNCIL MODIFIED BY THIS ORDER

Title of Order in CouncilReferencePreviously modified by
The Family Allowances, National Insurance and Industrial Injuries (Yugoslavia) Order 1958S.I. 1958/1263The Social Security (Reciprocal Agreements) Order 1976f1, the Social Security (Reciprocal Agreements) Order 1979f2, the Social Security (Reciprocal Agreements) Order 1988f3, the Social Security (Reciprocal Agreements) Order 1995f4, the Social Security (Reciprocal Agreements) Order 1996f5, the Social Security (Reciprocal Agreements) Order 2001f6 and the Social Security (Reciprocal Agreements) Order 2005f7.
The National Insurance and Industrial Injuries (Turkey) Order 1961S.I. 1961/584Ditto
The Social Security (United States of America) Order 1984S.I. 1984/1817The Social Security (United States of America) Order 1997f8, the Social Security (Reciprocal Agreements) Order 2001 and the Social Security (Reciprocal Agreements) Order 2005.
The Social Security (Barbados) OrderS.I. 1992/812The Social Security (Reciprocal Agreements) Order 1995, the Social Security (Reciprocal Agreements) Order 2001 and the Social Security (Reciprocal Agreements) Order 2005.
The Social Security (Jersey and Guernsey) Order 1994S.I. 1994/2802The Social Security (Reciprocal Agreements) Order 1995, the Social Security (Reciprocal Agreements) Order 1996, the Social Security (Reciprocal Agreements) Order 2001 and the Social Security (Reciprocal Agreements) Order 2005.
The Social Security (Jamaica) Order 1997S.I. 1997/871The Social Security (Reciprocal Agreements) Order 2001 and the Social Security (Reciprocal Agreements) Order 2005.

Explanatory note

(This note is not part of the Order)

Part 1 of the Welfare Reform Act 2007 includes provision for the transition from incapacity benefit to employment and support allowance. This Order provides for social security legislation to be modified to take account of changes made by that Act and regulations made under it, to give effect to the alterations in Schedule 1, in relation to the Orders in Council listed in Schedule 2, with respect to that transition. Those Orders in Council give effect to agreements made between the Government of the United Kingdom and the governments of other countries providing for reciprocity in certain social security matters.

A full impact assessment has not been published for this instrument as it has no impact on the private sector or civil society organisations.