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The Social Security (Updating of EU References) (Amendment) (Northern Ireland) Regulations 2018

S.I. 2018/1085 · Made 15 October 2018

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Social Security

Made 15th October 2018

Laid before Parliament 17th October 2018

Coming into force 15th November 2018

The Secretary of State is a Minister designatedf1 for the purposes of section 2(2) of the European Communities Act 1972f2 in relation to social security.

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2, to the European Communities Act 1972, and it appears to the Secretary of State that it is expedient for certain references to provisions of Community instruments to be construed as references to those provisions as amended from time to time.

Annotations to the whole text

Footnotes

f1

See Article 3 of S.I. 2010/2473.

f2

1972 c. 68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7).

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Social Security Contributions and Benefits (Northern Ireland) Act 1992
  3. 3Amendment of the Welfare Reform (Northern Ireland) Order 2015
  4. 4Amendments of secondary legislation
  5. Signature
  6. Schedule: Amendments of secondary legislation
  7. 1The Social Security (Maternity Benefit) Regulations (Northern Ireland) 1975
  8. 2The Statutory Sick Pay (Mariners, Airmen and Persons Abroad) Regulations (Northern Ireland) 1982
  9. 3The Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations (Northern Ireland) 1984
  10. 4The Social Security (Maternity Allowance) (Work Abroad) Regulations (Northern Ireland) 1987
  11. 5The Statutory Maternity Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 1987
  12. 6The Income Support (General) Regulations (Northern Ireland) 1987
  13. 7The Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988
  14. 8The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999
  15. 9The Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000
  16. 10The Housing Benefit Regulations (Northern Ireland) 2006
  17. 11The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006
  18. 12The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016
  19. Explanatory note

1Citation and commencement

These Regulations may be cited as the Social Security (Updating of EU References) (Amendment) (Northern Ireland) Regulations 2018 and come into force on 15th November 2018.

2Amendment of the Social Security Contributions and Benefits (Northern Ireland) Act 1992

In section 121(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f1 (interpretation)—

(a)

in the definition of “Regulation (EC) No 1408/71”f2, after “14 June 1971”, insert “, as amended from time to time,”;

(b)

in the definition of “Regulation (EC) No 883/2004”f3, after “29 April 2004”, insert “, as amended from time to time,”.

3Amendment of the Welfare Reform (Northern Ireland) Order 2015

In Article 89(2) of the Welfare Reform (Northern Ireland) Order 2015f1 (no entitlement to daily living component where UK is not competent state)—

(a)

in sub-paragraph (a), after “14th June 1971”, insert “, as amended from time to time,”;

(b)

in sub-paragraph (b), after “29th April 2004”, insert “, as amended from time to time,”.

4Amendments of secondary legislation

The Schedule which contains amendments of secondary legislation has effect.

Signature

Signed by authority of the Secretary of State for Work and Pensions

Alok Sharma

Minister of State for Employment

Department for Work and Pensions

15th October 2018

1The Social Security (Maternity Benefit) Regulations (Northern Ireland) 1975

In regulation 3B(c) of the Social Security (Maternity Benefit) Regulations (Northern Ireland) 1975f1 (temporary absences from Northern Ireland), after “1408/71/EEC”, insert “, as amended from time to time, or Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time, on the coordination of social security systems”.

2The Statutory Sick Pay (Mariners, Airmen and Persons Abroad) Regulations (Northern Ireland) 1982

In regulation 4(b) of the Statutory Sick Pay (Mariners, Airmen and Persons Abroad) Regulations (Northern Ireland) 1982f1 (persons in other member States – meaning of “employee”), after “1408/71”, insert “, as amended from time to time, or Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time, on the coordination of social security systems”.

3The Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations (Northern Ireland) 1984

In regulation 20 of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations (Northern Ireland) 1984f1 (special provisions for certain persons who have been employed abroad)—

(a)

in paragraph (2)(b)(ii), at the end, add “, as amended from time to time, or Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time, on the coordination of social security systems”;

(b)

in paragraph (4)—

(i)

in sub-paragraph (a), after “1408/71/EEC”, insert “, as amended from time to time, or Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time”;

(ii)

in sub-paragraph (c), after “Council Regulation”, insert “or Regulation of the European Parliament and of the Council”;

(iii)

in the words after sub-paragraph (c), after “Council Regulation”, insert “or Regulation of the European Parliament and of the Council”.

4The Social Security (Maternity Allowance) (Work Abroad) Regulations (Northern Ireland) 1987

In regulation 2 of the Social Security (Maternity Allowance) (Work Abroad) Regulations (Northern Ireland) 1987f1 (special provision for certain persons who have been employed abroad)—

(a)

in paragraph (2)(b)(ii)—

(i)

after “EEC”, insert “, as amended from time to time,”;

(ii)

at the end, add “or Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time, on the coordination of social security systems”;

(b)

in paragraph (4)—

(i)

in sub-paragraph (a), after “EEC”, insert “, as amended from time to time, or Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time”;

(ii)

in sub-paragraph (c), after “Council Regulation”, insert “or Regulation of the European Parliament and of the Council”;

(iii)

in the words after sub-paragraph (c), after “Council Regulation”, insert “or Regulation of the European Parliament and of the Council”.

5The Statutory Maternity Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 1987

In regulation 2(b) of the Statutory Maternity Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 1987f1 (persons in other member States – meaning of “employee”), after “1408/71”, insert “, as amended from time to time, or Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time, on the coordination of social security systems”.

6The Income Support (General) Regulations (Northern Ireland) 1987

In regulation 21AA(3)(d) of the Income Support (General) Regulations (Northern Ireland) 1987f1 (special cases: supplemental – persons from abroad), for “Article 39 of the Treaty establishing the European Community”, substitute “Article 45 of the Treaty on the Functioning of the European Union”.

7The Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988

(1)

In regulation 8(1)(g) of the Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988f1 (duplication and prescribed payments)—

(a)

after “1408/71”, insert “, as amended from time to time,”;

(b)

after “the Community,”, insert “or in Article 3(1) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time, on the coordination of social security systems,”;

(c)

for “that Regulation”, substitute “either Regulation, as amended from time to time”.

(2)

The amendments made by sub-paragraph (1) also have effect in relation to regulation 8 as that regulation relates to child benefit and guardian’s allowance by virtue of the transitional provision in regulation 44 of the Child Benefit and Guardian’s Allowance (Administration) Regulations 2003f2 (transitional provisions).

8The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999

(1)

In Schedule 1 to the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999f1 (decisions against which no appeal lies), in paragraph 8 (European Community regulations), after “1408/71”, insert “, as amended from time to time,”.

(2)

The amendments made by sub-paragraph (1) also have effect in relation to paragraph 8 of Schedule 1 as that paragraph relates to child benefit and guardian’s allowance by virtue of the transitional provision in regulation 35 of the Child Benefit and Guardian’s Allowance (Decisions and Appeals) Regulations 2003f2 (transitional provisions).

9The Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000

In regulation 2(4)(a) of the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000f1 (winter fuel payments)—

(a)

after “1408/71”, insert “, as amended from time to time,”;

(b)

after “883/2004”, insert “, as amended from time to time,”.

10The Housing Benefit Regulations (Northern Ireland) 2006

In regulation 102 of the Housing Benefit Regulations (Northern Ireland) 2006f1 (recovery of overpayments from prescribed benefits)—

(a)

in paragraph (1)(c)—

(i)

after “1408/71”, insert “, as amended from time to time,”;

(ii)

after “the Community,”, insert “or in Article 3(1) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time, on the coordination of social security systems,”;

(iii)

for “that Regulation”, substitute “either Regulation, as amended from time to time”;

(b)

in paragraph (2), after “21st June 1999”, insert “(as amended from time to time)”.

11The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006

In regulation 83 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006f1 (recovery of overpayments from prescribed benefits)—

(a)

in paragraph (1)(c)—

(i)

after “1408/71”, insert “, as amended from time to time,”;

(ii)

after “the Community,”, insert “or in Article 3(1) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time, on the coordination of social security systems,”;

(iii)

for “that Regulation”, substitute “either Regulation, as amended from time to time”;

(b)

in paragraph (2), after “21st June 1999”, insert “(as amended from time to time)”.

12The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016

In Schedule 3 to the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016f1 (decisions against which no appeal lies), in paragraph 14 (European Community regulations), after “1408/71”, insert, “, as amended from time to time,”.

Explanatory note

(This note is not part of the Regulations)

These Regulations update cross-references to EU legislation in social security legislation in Northern Ireland in advance of exit day. This ensures those cross-references are up to date at exit day, and ensures those cross-references will capture any amendments to the EU legislation before exit day and, to the extent that they apply to the United Kingdom, any amendments to EU legislation made after exit day.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.