Statutory Rules of Northern Ireland
2016 No. 393
Social Security
The Social Security (Great Britain Reciprocal Arrangements) (Amendment) Regulations (Northern Ireland) 2016
Made
4th November 2016
Coming into operation in accordance with Regulation 1(2)
The Department for Communities, being the Northern Ireland Department responsible for social security, makes the following Regulations in exercise of the powers conferred by section 87(5), (6) and (10) of the Northern Ireland Act 1998(1) and section 165(1), (4) and (5) of the Social Security Administration (Northern Ireland) Act 1992(2), and now vested in it(3).
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Social Security (Great Britain Reciprocal Arrangements) (Amendment) Regulations (Northern Ireland) 2016.
(2) These Regulations shall come into operation—
(a)for the purposes of income-based jobseeker’s allowance and contributory employment and support allowance, on 27th November 2016;
(b)for all other purposes, on 6th April 2017.
(3) In these Regulations—
(a)“the Principal Arrangements” means the arrangements contained in the Memorandum of Reciprocal Arrangements set out in the Schedule to the Social Security (Great Britain Reciprocal Arrangements) Regulations (Northern Ireland) 2016(4);
(b)“contributory employment and support allowance” has the meaning given by section 1(7) of the Welfare Reform Act 2007(5) and section 1(7) of the Welfare Reform Act (Northern Ireland) 2007(6);
(c)“income-based jobseeker’s allowance” has the meaning given by the Jobseekers Act 1995(7) and the Jobseekers (Northern Ireland) Order 1995(8).
Adaptation of Legislation
2.—(1) The provisions contained in the exchange of letters set out in the Schedule to these Regulations shall have effect so far as they relate to Northern Ireland, and the effect of the Principal Arrangements shall be varied in accordance with those provisions.
(2) The following legislation, and any subordinate legislation made or having effect as if made under that legislation, so far as it relates to Northern Ireland, shall have effect subject to such adaptations as may be required for the purpose of giving effect to the provisions of the Principal Arrangements as amended by the provisions contained in the exchange of letters set out in the Schedule to these Regulations—
(a)the Social Security Contributions and Benefits (Northern Ireland) Act 1992(9);
(b)the Social Security Administration (Northern Ireland) Act 1992;
(c)the Jobseekers (Northern Ireland) Order 1995;
(d)Chapter 2 (social security decisions and appeals) of Part 2 (decisions and appeals) of the Social Security (Northern Ireland) Order 1998(10);
(e)Part 1 (employment and support allowance) of the Welfare Reform Act (Northern Ireland) 2007(11)
(f)Part 5 (bereavement support payment) of the Pensions Act (Northern Ireland) 2015(12).
Sealed with the Official Seal of the Department for Communities on 4th November 2016
(L.S.)
Anne McCleary
A senior officer of the Department for Communities
Regulation 2(1)
SCHEDULE
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations give effect in Northern Ireland to reciprocal arrangements between Great Britain and Northern Ireland relating to social security. The arrangements are made between the Minister of State for Employment on behalf of the Secretary of State for Work and Pensions, with the consent of the Treasury, of the one part and the Minister for Communities in Northern Ireland, with the consent of the Department of Finance, of the other part. These arrangements are contained in the exchange of letters set out in the Schedule to these Regulations.
The arrangements amend earlier reciprocal arrangements contained in the Memorandum of Reciprocal Arrangements set out in the Schedule to the Social Security (Great Britain Reciprocal Arrangements) Regulations (Northern Ireland0 2016 (“the Principal Arrangements”) in order to include in their scope—
Part 5 of the Pensions Act 2014 and Part 5 of the Pensions Act (Northern Ireland) 2015 which introduce throughout the United Kingdom a new benefit known as bereavement support payment. The earlier reciprocal arrangements help secure a single system of social security for the United Kingdom. So, for example, a claim to, or award of, bereavement support payment in one territory shall be treated as a claim to, or award of, that benefit in the other territory, and
income-based jobseeker’s allowance. This is necessary in order to align the treatment of jobseeker’s allowance with that of employment and support allowance. Both types of employment and support allowance, income-related and contributory, are included in the scope of the Principal Arrangements.
The arrangements also contain provisions relating to extra-statutory payments being made to contributory employment and support allowance claimants who moved between the two territories before 6th April 2016. Before 6th April 2016, employment and support allowance was not included in the Principal Arrangements. These payments shall be converted into statutory awards of contributory employment and support allowance in the new territory without the need for a claim.
The Regulations provide that the legislation referred to in regulation 2(2) is adapted to give effect to the provisions of the Principal Arrangements as amended by the provisions set out in the Schedule to these Regulations.
1998 c.47; section 87(6) was amended by Article 2 of the Northern Ireland Act 1998 (Modification) Order 2000 (S.I. 2000/741), Article 2 of the Northern Ireland Act 1998 (Modification) Order 2008 (S.I. 2008/1242) and Article 2 of the Northern Ireland Act 1998 (Modification) Order 2016 (S.I. 2016/160). Other amendments to section 87 are not relevant to these Regulations
1992 c.8; section 165(1) was amended by paragraph 49(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671) and section 18(5) of the National Insurance Contributions Act 2014 (c.7)
See Article 8(b) of S.R. 1999 No. 481 and section 1(7) of the Departments Act (Northern Ireland) 2016 (c.5 (N.I.))