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The Social Security (Application of Reciprocal Agreements with Australia, Canada and New Zealand) (EEA States and Switzerland) (Northern Ireland) Regulations 2015

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1.—(1) These Regulations may be cited as the Social Security (Application of Reciprocal Agreements with Australia, Canada and New Zealand) (EEA States and Switzerland) (Northern Ireland) Regulations 2015 and shall come into operation on 1st April 2015.

(2) For the purposes of these Regulations—

(a)“the Australia Order” means the Social Security (Australia) Order (Northern Ireland) 1992(1);

(b)“the Canada Order” means the Social Security (Canada) Order (Northern Ireland) 1995(2);

(c)“EEA national” means a national of an EEA state(3) or Switzerland;

(d)“the New Zealand Order” means the Social Security (New Zealand) Order (Northern Ireland) 1983(4); and

(e)“relevant EU Regulation” means—

(i)Council Regulation (EC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community(5), or

(ii)Regulation (EC) No 883/2004 of the European Parliament and of the Council on the coordination of social security systems(6).

Modifications of the Australia Order, Canada Order and New Zealand Order

2.  Regulation 3 applies where-

(a)A person is an EEA National;

(b)that person is habitually resident in an EEA state or Switzerland;

(c)that person can demonstrate a genuine and sufficient link to the United Kingdom social security system; and

(d)a relevant EU Regulation applies.

3.—(1) The legislation mentioned in Articles 2 and 3 of the Australia Order is modified in relation to that person to give effect in Schedule 1 to that Order as if it read as follows—

(a)in article 3(1), “that part of the territory” were substituted by “the territory comprising the EEA states and Switzerland” the first time it occurs, and by “the relevant part of the territory of the United Kingdom” the second time it occurs;

(b)in article 3(5), “the United Kingdom” were substituted by “the area comprising the EEA States and Switzerland”;

(c)in article 5(1), “in that part of the territory” were substituted by “in the territory comprising the EEA states and Switzerland” and “of that part of the territory” were substituted by “of the relevant part of the territory of the United Kingdom”; and

(d)in article 5(4), “the United Kingdom” were substituted by “the area comprising the EEA states and Switzerland”.

(2) The legislation mentioned in Article 2 of the Canada Order is modified in relation to that person to give effect to the Schedule to the letter reproduced in Schedule 1 to that Order as if it read as follows—

(a)in paragraph (9)(a), “resident in the United Kingdom” were substituted in both places it appears by “resident in the territory comprising the EEA states and Switzerland”;

(b)in paragraph (11), “resident in the United Kingdom” were substituted by “resident in the territory comprising the EEA states and Switzerland”.

(3) The legislation mentioned in Article 2 of the New Zealand Order is modified in relation to that person to give effect to the convention set out in the schedule to the Order as if it read as follows—

(a)in article 8(1), “resident in the United Kingdom” and “resident there” were substituted by “resident in the territory comprising the EEA states and Switzerland”;

(b)in article 9(1), “the United Kingdom” were substituted by “the territory comprising the EEA states and Switzerland”;

(c)in article 9(2), “or resident in, the United Kingdom” were substituted by “or resident in, the territory comprising the EEA States and Switzerland”;

(d)in article 9(3), “or resident in, the United Kingdom” were substituted by “or resident in, the territory comprising the EEA states and Switzerland”;

(e)in article 9(6) for “leaves the United Kingdom” to the end there were substituted “leaves the area comprised of the EEA states and Switzerland, unless that person is usually resident in that area and his or her absence is only temporary.”;

(f)in article 11(1), “the United Kingdom” were substituted by “the territory comprising the EEA states and Switzerland”

(g)in article 11(2), “or resident in, the United Kingdom” were substituted by “or resident in, the territory comprising the EEA states or Switzerland” and “her arrival in the United Kingdom” were substituted by “her arrival in the territory comprising the EEA states and Switzerland”;

(h)in article 11(3), “or resident in, the United Kingdom” were substituted by “or resident in, the territory comprising the EEA states or Switzerland”; and

(i)in article 11(4) for “leaves the United Kingdom” to the end there were substituted “leaves the area comprised of the EEA states and Switzerland, unless that person is usually resident in that area and that person’s absence is only temporary.”.

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

(L.S.)

Esther McVey

Minister of State

Department for Work and Pensions

28th March 2015

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