The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2018

Citation and commencement

1.—(1) These Regulations may be cited as the Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2018.

(2) These Regulations come into force on exit day.

Amendment of the Social Security Contributions and Benefits (Northern Ireland) Act 1992

2.  In section 144 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1) (entitlement of pensioners to Christmas bonus), in subsection (1)(a), for “any other” substitute “a”.

Amendment of the Social Security Administration (Northern Ireland) Act 1992

3.—(1) The Social Security Administration (Northern Ireland) Act 1992(2) is amended in accordance with this regulation.

(2) In section 71 (overlapping benefits – general), in subsection (5), for “member State other than the United Kingdom” substitute “member State”.

(3) In section 72 (income support and other payments) in subsection (2)(a), for “other member State” substitute “member State”.

(4) In section 76 (child benefit – overlap with benefits under legislation of other member States)—

(a) in the heading, omit “other”;

(b) for “member State other than the United Kingdom” substitute “member State”.

(5) In section 155 (reciprocal agreements with countries outside the United Kingdom)—

(a) in subsection (1)—

(i) in paragraph (a), after “United Kingdom” insert “or an international organisation”;

(ii) in paragraph (b), after “other government” insert “or international organisation”;

(b) in subsection (3)—

(i) in paragraph (a)—

(aa) for “law of the country” substitute “law in force in the country”;

(bb) after “agreement is made” insert “or has effect”;

(ii) in paragraph (b), for “law of that country” substitute “law in force in that country”;

(c) in subsection (4), after paragraph (ah) insert—

“(ai) to Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;

(aj) to Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;

(ak) to Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;

(al) to Council Regulation (EEC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) 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, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;

(am) to Council Regulation (EC) No 859/2003 of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;”;

(d) after subsection (5) add—

“(6) In this section, “international organisation” means an organisation of which—

(a) two or more sovereign powers are members; or

(b) the governments of two or more sovereign powers are members.”.

Amendments of secondary legislation

4.  The Schedule contains amendments of secondary legislation.

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

Name

Minister of State for Employment

Department for Work and Pensions

Date