The Social Security (Switzerland) Order 2021

S.I. 2021/1088 · Made 29 September 2021 · Extends to England, Wales and Scotland

Social Security

Made 29th September 2021

Coming into force in accordance with article 1

At the Court at Balmoral, the 29th day of September 2021

Present,

The Queen’s Most Excellent Majesty in Council

This Order is made under the powers in section 179(1)(a) and (2) of the Social Security Administration Act 1992^f1 which provide that, for the purpose of giving effect to any agreement with the government of a country outside the United Kingdom providing for reciprocity in specified matters, Her Majesty may by Order in Council make provision for modifying or adapting specified legislation in its application to cases affected by such agreement.

At London on 9th September 2021 a Convention on Social Security Coordination between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation^f2 (“the Convention”) was signed on behalf of the respective Governments. The Convention makes provision for reciprocal arrangements between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation in relation to social security following the United Kingdom’s withdrawal from the European Union.

Article 72 of the Convention provides that the Convention shall enter into force on the first day of the third month following the date of receipt of the later of the States’ written notifications that they have complied with all statutory and constitutional requirements for the entry into force of the Convention. Article 73 provides that, pending entry into force of the Convention, the States may agree to provisionally apply the Convention by an exchange of notes through diplomatic channels. Provisional application of the Convention shall take effect on the day following the later of the States’ notes.

In order to give effect to the Convention, therefore, Her Majesty, in exercise of the powers conferred on Her by section 179(1)(a) and (2) of the Social Security Administration Act 1992 and of all other powers enabling Her to do so, is pleased, by and with the advice of Her Privy Council, to order as follows:

Annotations to the whole text

Footnotes

f1: 1992 c. 5. Section 179 has been relevantly amended by paragraph 2(2) of Schedule 6 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671) and by paragraph 1 of Part 1 of Schedule 1 to S.I. 2020/1508.
f2: 2021 CP 530.

1Citation and commencement
2Modification of legislation
3Variation of Order
Signature
Schedule Convention on Social Security Coordination between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation
Explanatory note

1Citation and commencementI1

This Order may be cited as the Social Security (Switzerland) Order 2021 and comes into force on—

(a)

the day following the later of the States’ notes referred to in Article 73 (Provisional application) of the Convention set out in the Schedule to this Order^f1; or

(b)

where the Convention has not been applied provisionally as provided for in Article 73, the first day of the third month following the date of receipt of the later of the States’ written notifications referred to in Article 72 (Entry into force) of the Convention set out in the Schedule to this Order^f2.

2Modification of legislationI1

C1(1)

The legislation to which this paragraph applies is modified to the extent required to give effect to the provisions contained in the Convention set out in the Schedule to this Order.

(2)

Subject to paragraph (3), paragraph (1) applies to—

(a)

the Social Security Administration Act 1992^f1;

(b)

the Social Security Contributions and Benefits Act 1992^f2;

(c)

the Jobseekers Act 1995^f3;

(d)

Chapter 2 of Part 1 of the Social Security Act 1998^f4;

(e)

Part 2 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999^f5;

(f)

the State Pension Credit Act 2002^f6;

(g)

Part 1 of the Welfare Reform Act 2007^f7;

(h)

Parts 1 and 4 of the Welfare Reform Act 2012^f8;

(i)

Parts 1 and 5 of the Pensions Act 2014^f9;

(j)

the following as they form part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018^f10—

(i)

Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems;

(ii)

Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004; and

(k)

regulations within the scope of section 179(5) of the Social Security Administration Act 1992^f11,

so far as such provisions relate to England, Wales and Scotland.

(3)

Paragraph (1) does not modify any legislation so far as it would be within the legislative competence of the Scottish Parliament to make such modificationF1....

(4)

Paragraph (1) also applies to F2Part 3 of the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999^f12 so far as such provision relates to Northern Ireland.

3Variation of OrderI1 C1

The Family Allowances, National Insurance and Industrial Injuries (Switzerland) Order 1969^f1 is varied in accordance with Article 77 (Relationship with the 1968 Convention) of the Convention set out in the Schedule to this Order.

Signature

Ceri King

Deputy Clerk of the Privy Council

Convention on Social Security Coordination between the United Kingdom of Great Britain and Northern Ireland and the Swiss ConfederationI1

Explanatory note

(This note is not part of the Order)

This Order makes provision for the modification of certain social security legislation, so as to give effect to the Convention on Social Security Coordination between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation, signed at London on 9th September 2021 (“the Convention”).

It also varies the Family Allowances, National Insurance and Industrial Injuries (Switzerland) Order 1969 in accordance with Article 77 of the Convention.

This Order has effect from the date on which the Convention is provisionally applied in accordance with Article 73 of the Convention, or, if not provisionally applied, from the date on which the Convention enters into force in accordance with Article 72. Article 72 of the Convention provides that the Convention shall enter into force on the first day of the third month following the date of receipt of the later of the States’ written notifications that they have complied with all statutory and constitutional requirements for the entry into force of the Convention. Article 73 provides that, pending entry into force of the Convention, the States may agree to provisionally apply the Convention by an exchange of notes through diplomatic channels. Provisional application of the Convention shall take effect on the day following the later of the States’ notes.

This Order does not impose any costs on business, charities or the voluntary sector. A Tax Information and Impact Note has not been prepared for this instrument as it gives effect to previously announced policy.