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Statutory Rules of Northern Ireland

1995 No. 110

SOCIAL SECURITY

The Social Security (Reciprocal Agreements) Order (Northern Ireland) 1995

Made

17th March 1995

Coming into operation

13th April 1995

In exercise of the powers conferred on me by section 155(1)(b) and (2) of the Social Security Administration (Northern Ireland) Act 1992(1) and of all other powers enabling me in that behalf, I hereby make the following order:

Citation and commencement

1.  This order may be cited as the Social Security (Reciprocal Agreements) Order (Northern Ireland) 1995 and shall come into operation on 13th April 1995.

Modification of Acts

2.  The Social Security Contributions and Benefits (Northern Ireland Act 1992(2) and the Social Security Administration (Northern Ireland Act 1992 shall be modified to such extent as may be required to give effect to the alterations set out in Schedule 1 to this order which are proposed to the agreements set out in the Orders in Council, or orders made by the Secretary of State, specified in Schedules 2 and 3 to this order.

P. B. B. Mayhew

One of Her Majesty’s Principal Secretaries of State

Dated this 17th day of March 1995.

Article 2

SCHEDULE 1Proposed alterations to existing agreements

1.  Subject to paragraph 2, where in the agreement set out in the Schedule to an Order in Council, or an order made by the Secretary of State, specified in Schedule 2 to this order there are references to sickness benefit, invalidity benefit or invalidity pension under the legislation of the United Kingdom or any specified part thereof, such references shall be altered to include a reference to short-term incapacity benefit or long-term incapacity benefit, as the case may be, under the legislation of the United Kingdom or any specified part thereof.

2.  Where in the agreement set out in the Schedule to an Order in Council, or an order made by the Secretary of State, specified in Schedule 3 to this order there are provisions relating to the calculation or payment of sickness benefit, invalidity benefit or invalidity pension under the legislation of the United Kingdom or any specified part thereof, the following alterations shall be made—

(a)for the purposes of the calculation or payment of invalidity benefit or invalidity pension after a specified period of sickness benefit or incapacity for work the provision shall be altered so as to apply also to long-term incapacity benefit payable under the legislation of the United Kingdom or any specified part thereof after a period of 364 days of incapacity for work; and

(b)for the purposes of the calculation or payment of sickness benefit the provision shall be altered so as to apply also to short-term incapacity benefit payable under the legislation of the United Kingdom or any specified part thereof for the period of up to and including the first 364 days of incapacity for work.

Article 2

SCHEDULE 2Orders in Council and orders of the Secretary of State modified by this order

Title of Order in Council or orderReference
The National Insurance and Industrial Injuries (Reciprocal Agreement with Luxembourg) Order (Northern Ireland) 1955S.R. & O. (N.I.) 1955 No. 77 (p. 360)
The National Insurance and Industrial Injuries (Reciprocal Agreement with the Netherlands) Order (Northern Ireland) 1955S.R. & O. (N.I.) 1955 No. 122 (p. 373)
The National Insurance and Industrial Injuries (Reciprocal Agreement with Malta) Order (Northern Ireland) 1957S.R. & O. (N.I.) 1957 No. 11 p. 747)
The National Insurance and Industrial Injuries (Reciprocal Agreement with Israel) Order (Northern Ireland) 1958S.R. & O. (N.I.) 1958 No. 32 (p. 443)
The Family Allowances, National Insurance and Industrial Injuries (Reciprocal Agreement with Belgium) Order (Northern Ireland) 1958S.R. & O. (N.I.) 1958 No. 93 (p. 217)
The National Insurance and Industrial Injuries (Reciprocal Agreement with France) Order (Northern Ireland) 1958S.R. & O. (N.I.) 1958 No. 101 (p. 422)
The National Insurance and Industrial Injuries (Reciprocal Agreement with Malta) Order (Northern Ireland) 1958S.R. & O. (N.I.) 1958 No. 118 (p. 471)
The National Insurance and Industrial Injuries (Reciprocal Agreement with Italy) Order (Northern Ireland) 1958S.R. & O. (N.I.) 1958 No. 130 (p. 455)
The Family Allowances, National Insurance and Industrial Injuries (Reciprocal Agreement with Yugoslavia) Order (Northern Ireland) 1958S.R. & O. (N.I.) 1958 No. 151 (p. 259)
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 National Insurance and Industrial Injuries (Reciprocal Agreement with the Republic of Ireland) (Northern Ireland) 1964S.R. & O. (N.I.) 1964 No. 142
The National Insurance (Republic of Ireland) Order (Northern Ireland) 1966S.R.& O. (N.I.) 1966 No.50
The National Insurance and Industrial Injuries (Republic of Ireland) Order (Northern Ireland) 1968S.R. & O. (N.I.) 1968 No. 252
The Family Allowances, National Insurance and Industrial Injuries (Switzerland) Order (Northern Ireland) 1969S.R. & O. (N.I.) 1969 No. 143
The National Insurance (Republic of Ireland) Order (Northern Ireland) 1972S.R. & O. (N.I.) 1972 No. 4
The National Insurance and Industrial Injuries (Jamaica) Order (Northern Ireland) 1972S.R. & O. (N.I.) 1972 No. 322
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 (Cyprus) Order (Northern Ireland) 1983S.R. 1983 No. 387
The Social Security (New Zealand) Order (Northern Ireland) 1983S.R. 1983 No. 432
The Social Security (Finland) Order (Northern Ireland) 1984S.R. 1984 No. 68
The Social Security (Israel) Order (Northern Ireland) 1984S.R. 1984 No. 90
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 (Portugal) Order (Northern Ireland) 1987S.R. 1987 No. 399
The Social Security (Austria) Order (Northern Ireland) 1987S.R. 1987 No. 402
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 (Australia) Order (Northern Ireland) 1992S.R. 1992 No. 269
The Social Security (Cyprus) Order (Northern Ireland) 1994S.R. 1994 No. 262
The Social Security (Jersey and Guernsey) Order (Northern Ireland) 1994S.R. 1994 No. 427

Article 2

SCHEDULE 3Orders in Council and orders of the Secretary of State modified by this order

Title of Order in Council or orderReference
The National Insurance and Industrial Injuries (Reciprocal Agreement with Luxembourg) Order (Northern Ireland) 1955S.R. & O. (N.I.) 1955 No. 77 (p. 360)
The National Insurance and Industrial Injuries (Reciprocal Agreement with the Netherlands) Order (Northern Ireland) 1955S.R. & O. (N.I.) 1955 No. 122 (p. 373)
The Family Allowances, National Insurance and Industrial Injuries (Reciprocal Agreement with Belgium) Order (Northern Ireland) 1958S.R. & O. (N.I.) 1958 No. 93 (p. 217)
The National Insurance and Industrial Injuries (Reciprocal Agreement with France) Order (Northern Ireland) 1958S.R. & O. (N.I.) 1958 No. 101 (p. 422)
The National Insurance and Industrial Injuries (Reciprocal Agreement with Italy) Order (Northern Ireland) 1958S.R. & O. (N.I.) 1958 No. 130 (p. 455)
The Family Allowances, National Insurance and Industrial Injuries (Reciprocal Agreement with Yugoslavia) Order (Northern Ireland) 1958S.R. & O. (N.I.) 1958 No. 151 (p. 259)
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 Social Security (Portugal) Order (Northern Ireland) 1979S.R. 1979 No. 303
The Social Security (Finland) Order Northern Ireland) 1984S.R. 1984 No. 68
The Social Security (United States of America) Order (Northern Ireland) 1994S.R. 1984 No. 449
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

Explanatory Note

(This note is not part of the Order.)

This order provides for social security legislation to be modified, to take account of changes made by the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)) replacing sickness benefit and invalidity benefit by incapacity benefit, in relation to the Orders in Council, and orders made by the Secretary of State, listed in Schedules 2 and 3 (which give effect to agreements made between the Government of the United Kingdom and other countries providing for reciprocity in certain social security matters).