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Statutory Rules of Northern Ireland

2000 No. 407

SOCIAL SECURITY

The Social Security (Australia) Order (Northern Ireland) 2000

Made

19th December 2000

Coming into operation

1st March 2001

In exercise of the powers conferred on me by section 155(1)(a), (2) and (5) of the Social Security Administration (Northern Ireland) Act 1992(1) and of all other powers enabling me in that behalf, I hereby make the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Social Security (Australia) Order (Northern Ireland) 2000 and shall come into operation on 1st March 2001.

(2) In this Order—

“the Administration Act” means the Social Security Administration (Northern Ireland) Act 1992;

“the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992(2);

“the Australia Order” means the Social Security (Australia) Order (Northern Ireland) 1992(3), which gave effect to the Agreement on Social Security(4) signed at London on 1st October 1990 and the Exchange of Notes(5) signed at Canberra on 22nd April 1992 between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Australia;

“the legislation” means the Administration Act, the Contributions and Benefits Act, the Jobseekers (Northern Ireland) Order 1995(6), and regulations made under the Administration Act or the Contributions and Benefits Act modified or adapted under section 155 of the Administration Act in their application to cases affected by agreements with the governments of countries outside the United Kingdom providing for reciprocity in matters specified in that section.

Modification of the legislation

2.—(1) Subject to paragraph (2) of this Article, modifications made to the legislation by the Australia Order shall cease to have effect (in accordance with the notice of termination and confirmation of receipt which are set out in the Schedule to this Order).

(2) Modifications made to the legislation by the Australia Order shall continue to have effect in relation to any person who—

(a)was on 28th February 2001 in receipt of benefit by virtue of those modifications; or

(b)made a claim on or before 28th February 2001 for benefit to which he was entitled on or before that date by virtue of those modifications.

Revocation of the Australia Order and amendment of Orders

3.—(1) The Australia Order is hereby revoked.

(2) The references to the Social Security (Australia) Order (Northern Ireland) 1992 shall be omitted in Schedule 2 to the Social Security (Reciprocal Agreements) Order (Northern Ireland) 1995(7) and Schedule 2 to the Social Security (Reciprocal Agreements) Order (Northern Ireland) 1996(8).

Peter Mandelson

One of Her Majesty’s Principal Secretaries of State

Dated this 19th day of December 2000

SCHEDULENotice from the Government of Australia to the Government of the United Kingdom of Great Britain and Northern Ireland and Confirmation of Receipt thereof

[No. 1]

No. 360/00

The Australian High Commission presents its compliments to the Foreign and Commonwealth Office and has the honour to refer to the Agreement on Social Security between the Government of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland, done at London on 1 October 1990 (the Agreement), and the Exchange of Notes, done at Canberra on 22 April 1992, constituting an Agreement between the Government of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland to amend the Social Security Agreement of 1 October 1990 (the amending Agreement).

The High Commission has the further honour to advise that, pursuant to Article 26, paragraph (1), of the Agreement, it is the intention of the Government of Australia to terminate the Agreement and the amending Agreement with effect from the expiration of twelve months from the date of receipt by the Foreign and Commonwealth Office of this Note.

The High Commission would appreciate receiving from the Foreign and Commonwealth Office a notification of the date of receipt of this Note.

The Australian High Commission avails itself of this opportunity to renew to the Foreign and Commonwealth Office the assurances of its highest consideration.

LONDON

1 March 2000

[No. 2]

Note No. FEH/01/00

North East Asia and Pacific Department of the Foreign and Commonwealth Office presents its compliments to the Australian High Commission and has the honour to confirm receipt of the Australian High Commission’s note 360/00 of 1 March stating the Government of Australia’s intention to terminate the Agreement on Social Security between the Government of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland, done at London on 1 October 1990 (the Agreement).

North East Asia and Pacific Department of Foreign and Commonwealth Office notes that the termination of the Agreement by the Government of Australia will take effect twelve months from the date of the Australian High Commission’s note.

North East Asia and Pacific Department of the Foreign and Commonwealth Office avails itself of this opportunity to renew to the Australian High Commission the assurances of its highest consideration.

LONDON

1 March 2000

Explanatory Note

(This note is not part of the Order.)

This Order makes provision for the removal of modifications to the Social Security Administration (Northern Ireland) Act 1992, the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and the Jobseekers (Northern Ireland) Order 1995 that gave effect to the Agreement on Social Security made between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Australia, following termination of that Agreement. The modifications will continue to have effect for all persons who by virtue of the Agreement were in receipt of benefit, or had lodged claims for and were entitled to receive benefit, when the Agreement terminated.

This Order does not impose a charge on business.

(1)

1992 c. 8; section 155(5) was amended by paragraph 48(4) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15))

(3)

S.R. 1992 No. 269 as modified by S.R. 1995 No. 110 and S.R. 1996 No. 327. S.R. 1992 No. 269 modified the Social Security (Northern Ireland) Act 1975 (c. 15) and Part II of the Child Benefit (Northern Ireland) Order 1975 (S.I. 1975/1504 (N.I. 16)), whose provisions were consolidated in the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) and the Social Security Administration (Northern Ireland) Act 1992. S.R. 1992 No. 269 was modified by S.R. 1996 No. 327 to take account of the changes made by the Jobseekers (Northern Ireland) Order 1995

(4)

See Cm. 1589

(5)

See Cm. 1955