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The Social Security (Reciprocal Agreements) Order (Northern Ireland) 2016

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Article 2(a)

SCHEDULE 1PROPOSED ALTERATIONS TO EXISTING AGREEMENTS

1.  Subject to paragraphs 3 and 4 of this Schedule, where in the agreements set out in the Schedules to the Orders in Council and Orders made by the Secretary of State specified in Schedule 2 there are references to a retirement pension, an old age pension, a pension for old age, a basic retirement pension or a basic old age pension (or any equivalent terms) under the legislation of the United Kingdom, such references shall be altered to include a reference to a state pension under Part 1 (state pension) of the Pensions Act (Northern Ireland) 2015.

2.  Where in the agreements set out in the Schedules to the Orders in Council and Orders made by the Secretary of State specified in Schedule 2 to this Order, there are references to—

(a)the legislation to which the agreements apply, such references shall be altered to include a reference to Part 1 of the Pensions Act (Northern Ireland) 2015;

(b)any increase in the rate of a United Kingdom pension payable while in the territory of the other Party, such references shall be altered to include any increase in the rate of state pension under Part 1 of the Pensions Act (Northern Ireland) 2015.

3.  Where in the agreements set out in the Schedules to the Orders in Council and Orders made by the Secretary of State specified in Schedule 2 to this Order there are references to a person—

(a)who is entitled to an old age pension or basic retirement pension (or any equivalent terms) under the legislation of the United Kingdom otherwise than by virtue of the provisions of those agreements providing for the determination of entitlement to such pension, those references shall be altered to include a reference to a state pension under section 2 (entitlement to state pension at full or reduced rate) or 4 (entitlement to state pension at transitional rate) of the Pensions Act (Northern Ireland) 2015;

(b)who is entitled to a category B retirement pension under the legislation of the United Kingdom being also entitled to have any category A retirement pension entitlement calculated in accordance with any provision in the agreements providing for the determination of such entitlement—

(i)those references to a category B retirement pension shall be altered to include a reference to a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 other than a state pension under section 2 or 4 of the Pensions Act (Northern Ireland) 2015; and

(ii)those references to a category A retirement pension shall be altered to include a reference to a state pension under section 2 or 4 of the Pensions Act (Northern Ireland) 2015.

4.  Where in the agreements set out in the Schedules to the Orders in Council and Orders made by the Secretary of State specified in Schedule 2 to this Order, there are provisions for the determination of entitlement to an old age pension or basic retirement pension (or any equivalent terms), those provisions shall be altered so that they apply for the purposes of entitlement to a state pension under section 2 or 4 of the Pensions Act (Northern Ireland) 2015 in the following way—

(a)the United Kingdom shall take account of contribution periods or equivalent periods completed by a person under the legislation of the other Party or Parties only for the purpose of determining whether that person has the minimum number of qualifying years for entitlement to a state pension under section 2 or 4 of the Pensions Act (Northern Ireland) 2015;

(b)the United Kingdom shall pay to a person an amount of state pension under section 2 or 4 of the Pensions Act (Northern Ireland) 2015 based only on the contributions paid, credited or treated as paid under its legislation.

Article 2(a)

SCHEDULE 2SPECIFIED ORDERS IN COUNCIL AND ORDERS OF THE SECRETARY OF STATE

Title of Order or Order in CouncilReference
The National Insurance and Industrial Injuries (Reciprocal Agreement with Luxembourg) Order (Northern Ireland) 1955S.R. & O. (N.I.) 1955 No. 77
The National Insurance and Industrial Injuries (Reciprocal Agreement with Israel) Order (Northern Ireland) 1958S.R. & O. (N.I.) 1958 No. 32
The Family Allowances, National Insurance and Industrial Injuries (Reciprocal Agreement with Belgium) Order (Northern Ireland) 1958S.R. & O. (N.I.) 1958 No. 93
The National Insurance and Industrial Injuries (Reciprocal Agreement with France) Order (Northern Ireland) 1958S.R. & O. (N.I.) 1958 No. 101
The National Insurance and Industrial Injuries (Reciprocal Agreement with Italy) Order (Northern Ireland) 1958S.R. & O. (N.I.) 1958 No. 130
The Family Allowances, National Insurance and Industrial Injuries (Reciprocal Agreement with Yugoslavia) Order (Northern Ireland) 1958S.R. & O. (N.I.) 1958 No. 151
The Family Allowances, National Insurance and Industrial Injuries (Reciprocal Agreement with Denmark) Order (Northern Ireland) 1960S.R. & O. (N.I.) 1960 No. 16
The Family Allowances, National Insurance and Industrial Injuries (Reciprocal Agreement with Germany) Order (Northern Ireland) 1961S.R. & O. (N.I.) 1961 No. 148
The National Insurance and Industrial Injuries (Reciprocal Agreement with Turkey) Order (Northern Ireland) 1961S.R. & O. (N.I.) 1961 No. 149
The Family Allowances, National Insurance and Industrial Injuries (Switzerland) Order (Northern Ireland) 1969S.R. & O. (N.I.) 1969 No. 143
The National Insurance and Industrial Injuries (Bermuda) Order (Northern Ireland) 1970S.R. & O. (N.I.) 1970 No. 22
The Family Allowances, National Insurance and Industrial Injuries (Gibraltar) Order (Northern Ireland) 1974S.R. 1974 No. 153
The Family Allowances, National Insurance and Industrial Injuries (Spain) Order (Northern Ireland) 1975S.R. 1975 No. 77
The Social Security (Portugal) Order (Northern Ireland) 1979S.R. 1979 No. 303
The Social Security (Austria) Order (Northern Ireland) 1981S.R. 1981 No. 144
The Social Security (Mauritius) Order (Northern Ireland) 1981S.R. 1981 No. 363
The Social Security (Cyprus) Order (Northern Ireland) 1983S.R. 1983 No. 387
The Social Security (Finland) Order (Northern Ireland) 1984S.R. 1984 No. 68
The Social Security (United States of America) Order (Northern Ireland) 1984S.R. 1984 No. 449
The Social Security (Iceland) Order (Northern Ireland) 1985S.R. 1985 No. 205
The Social Security (Sweden) Order (Northern Ireland) 1988S.R. 1988 No. 119
The Social Security (Philippines) Order (Northern Ireland) 1989S.R. 1989 No. 428
The Social Security (Norway) Order (Northern Ireland) 1991S.R. 1991 No. 139
The Social Security (Barbados) Order (Northern Ireland) 1992S.R. 1992 No. 151
The Social Security (Jersey and Guernsey) Order (Northern Ireland) 1994S.R. 1994 No. 427
The Social Security (Malta) Order (Northern Ireland) 1996S.R. 1996 No. 345
The Social Security (Jamaica) Order (Northern Ireland) 1997S.R. 1997 No. 183
The Social Security (Netherlands) Order (Northern Ireland) 2007S.R. 2007 No. 295
The Social Security (Ireland) Order (Northern Ireland) 2007S.R. 2007 No. 438

Article 2(b)

SCHEDULE 3PROPOSED ALTERATIONS TO EXISTING AGREEMENTS WITH CANADA AND NEW ZEALAND

Canada

1.  Where in the agreement set out in Schedule 1 to the Social Security (Canada) Order (Northern Ireland) 1995(1), there—

(a)are references to a retirement pension, such references shall be altered to include a reference to a state pension under Part 1 (state pension) of the Pensions Act (Northern Ireland) 2015;

(b)is a reference to the legislation to which the agreement applies, such reference shall be altered to include a reference to Part 1 of the Pensions Act (Northern Ireland) 2015.

New Zealand

2.  In the agreement set out in the Schedule to the Social Security (New Zealand) Order (Northern Ireland) 1983(2)—

(a)in Article 9(2) (United Kingdom retirement pension by virtue of residence in New Zealand), the reference to a basic retirement pension at the full standard rate under the legislation of the United Kingdom shall be altered to include a reference to a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 payable at the full rate specified in regulations under section 3 (full and reduced rates of state pension) of that Act;

(b)in Article 9(3) to (6), the references to a basic retirement pension under the legislation of the United Kingdom shall be altered to include a reference to a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015;

(c)where there is a reference to the legislation to which the agreement applies, such reference shall be altered to include a reference to Part 1 of the Pensions Act (Northern Ireland) 2015.

Pensionable Age

3.  The agreements referred to in paragraphs 1 and 2 shall be altered so that any references to a specific age in connection with a claim for or entitlement to a pension under the legislation of the United Kingdom shall be treated as references to pensionable age, which has the meaning given by section 121(1) (interpretation of Parts I to VI and supplementary provisions) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(3).

(1)

S.R. 1995 No. 405. These Statutory Rules were modified by S.R. 2015/207.

(2)

S.R. 1983 No. 432. These Statutory Rules were modified by S.R. 2015/207.

(3)

The definition of “pensionable age” was substituted by paragraph 9(a) of Schedule 2 to S.I. 1995/3213 (N.I. 22).

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