Status:

This is the original version (as it was originally made).

Statutory Instruments

2019 No. 622

Social Security

The Social Security (Ireland) Order 2019

Made

13th March 2019

Coming into force in accordance with article 1

At the Court at Buckingham Palace, the 13th day of March 2019

Present,

The Queen’s Most Excellent Majesty in Council

This Order is made under the powers in section 179(1) and (2) of the Social Security Administration Act 1992(1), which provide that, for the purpose of giving effect to any agreement with the government of a country outside the United Kingdom providing for reciprocity in specified matters, Her Majesty may by Order in Council make provision for modifying and adapting specified legislation in its application to cases affected by such agreement or proposed alterations.

At Dublin, on 1st February 2019, a Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland(2) was signed on behalf of those Governments. This Convention, which is referred to in this Order as “the Convention”, provides for existing reciprocal rights in the field of social security, enjoyed by British and Irish citizens (and certain family members and survivors) under the “Common Travel Area” arrangements(3) and the law of the European Union, to be protected following the withdrawal of the United Kingdom from the European Union.

Article 65 of the Convention provides that the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland shall notify each other in writing when the necessary internal procedures for entry into force have been completed. The Convention shall enter into force on the date of the later of such notifications.

In order to give effect to the Convention, therefore, Her Majesty, in exercise of the powers conferred on Her by section 179(1) and (2) of the Social Security Administration Act 1992 and of all other powers enabling Her to do so, is pleased, by and with the advice of Her Privy Council, to order as follows:

Citation and commencement

1. This Order may be cited as the Social Security (Ireland) Order 2019 and comes into force on the later of the following—

(a)immediately after the coming into force of the Social Security (Amendment) (EU Exit) Regulations 2019(4);

(b)the date of the later of the notifications referred to in Article 65 of the Convention set out in the Schedule to this Order(5).

Modification of legislation

2.—(1) The legislation to which this paragraph applies is modified to the extent required to give effect to the provisions contained in the Convention set out in the Schedule to this Order.

(2) Subject to paragraph (3), paragraph (1) applies to—

(a)the Social Security Administration Act 1992;

(b)the Social Security Contributions and Benefits Act 1992(6);

(c)the Jobseekers Act 1995(7);

(d)Chapter 2 of Part 1 of the Social Security Act 1998(8);

(e)Part 2 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999(9);

(f)the State Pension Credit Act 2002(10);

(g)Part 1 of the Welfare Reform Act 2007(11);

(h)Part 1 and 4 of the Welfare Reform Act 2012(12);

(i)Part 1 and 5 of the Pensions Act 2014(13);

(j)Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29th 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(14);

(k)Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16th 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; and

(l)regulations within the scope of section 179(5) of the Social Security Administration Act 1992;

so far as such provisions relate to England, Wales and Scotland.

(3) Paragraph (1) does not modify any legislation so far as it would be within the legislative competence of the Scottish Parliament to make such modification, unless regulation 3 of the Scotland Act 2016 (Transitional) Regulations 2017(15) applies to functions conferred on a Minister of the Crown in respect of that devolved competence.

3. Paragraph (1) also applies to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999(16) so far as such provision relates to Northern Ireland.

Richard Tilbrook

Clerk of the Privy Council

Articles 1 and 2

SCHEDULE

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision for the modification of certain social security legislation, so as to give effect to the Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland in Dublin signed on 1st February 2019 (“the Convention”).

The Convention set out in the Schedule provides for existing reciprocal rights in the field of social security, provided under the Common Travel Area arrangements and the law of the European Union, to be protected in respect of British and Irish citizens (and certain family members and survivors) moving between the United Kingdom and the Republic of Ireland, following the withdrawal of the United Kingdom from the European Union.

The Order does not impose any costs on business, charities or the voluntary sector. A Tax Information and Impact Note has not been prepared for this instrument as it gives effect to previously announced policy.

(1)

1992 c.5. Section 179 is to be amended by S.I. 2019/128 with effect from exit day and there are other amendments that are not relevant to this Order.

(2)

2019 Cm 49.

(3)

Covering the territories of the United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland.

(4)

S.I. 2019/128.

(5)

The date on which the Convention enters into force for the United Kingdom will be published on the relevant page on UK Treaties Online which can be found at this link: https://www.gov.uk/uk-treaties.

(6)

(7)

(8)

(9)

(10)

(11)