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

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

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3.—(1) The legislation mentioned in Article 2 of the Social Security (Australia) Order (Northern Ireland) 1992(1) is modified in relation to that person to give effect to the Agreement in Schedule 1 to that Order as if it read as follows—

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

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

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

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

(2) The legislation mentioned in Article 2 of the Social Security (Canada) Order (Northern Ireland) 1995(2) 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), for “resident in the United Kingdom” there were substituted (in both places it appears) “resident in the territory comprising the EEA states and Switzerland”;

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

(3) The legislation mentioned in Article 2 of the Social Security (New Zealand) Order (Northern Ireland) 1983(3) 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), for “resident in the United Kingdom” and “resident there” there were substituted “resident in the territory comprising the EEA states and Switzerland”;

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

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

(d)in Article 9(3), for “or resident in, the United Kingdom” there were substituted “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 comprising the EEA states and Switzerland, unless that person is usually resident in that area and that person’s absence is only temporary.”;

(f)in Article 11(1), for “the United Kingdom” there were substituted “the territory comprising the EEA states and Switzerland”;

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

(h)in Article 11(3), for “or resident in, the United Kingdom” there were substituted “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 comprising the EEA states and Switzerland, unless that person is usually resident in that area and that person’s absence is only temporary.”.

(1)

S.R. 1992 No. 269; revoked with effect from 1st March 2001 by Article 3 of S.R. 2000 No. 407 subject to the savings provisions referred to in Article 2(2) and treated as continuing in operation to the extent provided for by section 299 of the Pensions Act 2004 (c. 35)

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