2015 No. 349

Social Security

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

Made

Laid before Parliament

Coming into force

F4The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 1972 M1 in relation to social security M2.

Accordingly the Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972.

Annotations:
Amendments (Textual)
Marginal Citations

F4Citation, commencement and interpretation1

1

These Regulations may be cited as the Social Security (Application of Reciprocal Agreements with Australia, Canada and New Zealand) (EEA States and Switzerland) Regulations 2015.

2

They come into force on 1st April 2015.

3

For the purposes of these Regulations—

F1a

“withdrawal agreement”, “EEA EFTA separation agreement” and “Swiss citizens’ rights agreement” have the same meanings as in section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

aa

“Trade and Cooperation Agreement” has the same meaning as in section 37(1) of the European Union (Future Relationship) Act 2020;

b

“EEA national” means a national of an EEA state M3 or Switzerland.

F4Modifications of the Australia Order, Canada Order and New Zealand Order2

Regulation 3 applies where-

a

a person is F2a UK or 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

F3d

that person is covered by—

i

Title III of Part 2 of the withdrawal agreement as set out at Article 30 and 32 of that agreement;

ii

Title III of Part 2 of the EEA EFTA separation agreement as set out at Article 29 and 31 of that agreement;

iii

Part Three of the Swiss citizens’ rights agreement as set out at Article 25 and 26a of that agreement;

iv

the Protocol on Social Security Coordination in the Trade and Cooperation Agreement as set out at Article SSC.2 of Title 1 of that agreement.

F43

1

The legislation mentioned in Article 2 to the Social Security (Australia Order) 1992 M4 is modified in relation to that person to give effect to Schedule 1 of the Australia 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 Social Security (Canada) Order 1995 M5 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), “the United Kingdom” were substituted by “the territory comprising the EEA states and Switzerland”.

3

The legislation mentioned in Article 2 of the Social Security (New Zealand) Order 1983 M6 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. ”.

F4Signed by authority of the Secretary of State for Work and Pensions

Esther McVey Minister of State Department for Work and Pensions

(This note is not part of the Regulations)

These Regulations modify the operation of the Social Security (Australia) Order 1992 (“the Australia Order”), the Social Security (Canada) Order 1995, and the Social Security (New Zealand) Order 1983 which give effect in Great Britain to reciprocal agreements on social security made between the Governments of those respective countries and the Government of the United Kingdom.

Those reciprocal agreements include provisions applying to persons resident in the United Kingdom who had previously been resident in Australia, Canada or New Zealand. These specify that, for the purpose of determining entitlement to a retirement pension in the United Kingdom, legislation mentioned in the agreements is modified so that those persons are treated as if they (or, in some cases, their spouse) had paid national insurance contributions in the United Kingdom during the periods in which they were resident in Australia, Canada or New Zealand. The agreement with New Zealand also contains similar provisions for widows and orphans benefits, and the agreement with Australia contains similar provisions for widows benefits.

The Australia Order was terminated in 2001, with savings, and continues to have effect to an extent by virtue of Section 299 of the Pensions Act 2004.

In accordance with Article 21 of the Treaty on the Functioning of the European Union these Regulations ensure that residence in the EEA territories and Switzerland is treated as residence in the UK for the purposes of the agreements in the case of persons who a) are an EEA or Swiss national, b) fall within the personal scope of Regulation (EC) No 1408/71 or Regulation (EC) No 883/04 on the coordination of social security systems, c) are habitually resident in an EEA State or Switzerland and d) have a genuine and sufficient link to the UK.

A full impact assessment has not been produced for this instrument as it has no impact on the private sector or civil society organisation.