The Social Security (Switzerland) Order (Northern Ireland) 2021

Statutory Rules of Northern Ireland

2021 No. 277

Social Security

The Social Security (Switzerland) Order (Northern Ireland) 2021

Made

30th September 2021

Coming into operation in accordance with article 1

The Secretary of State and the Commissioners for Her Majesty’s Revenue and Customs make the following Order in exercise of the powers conferred by section 155(1)(a) and (2) of the Social Security Administration (Northern Ireland) Act 1992(1).

Citation and commencement

1.—(1) This Order may be cited as the Social Security (Switzerland) Order (Northern Ireland) 2021 and comes into operation on—

(a) the day following the later of the States’ notes referred to in Article 73 (Provisional application) of the Convention set out in the Schedule to this Order(2); or

(b) where the Convention has not been applied provisionally as provided for in Article 73, the first day of the third month following the date of receipt of the later of the States’ written notifications referred to in Article 72 (Entry into force) of the Convention set out in the Schedule to this Order(3).

(2) In this Order, “the Convention” means the Convention on Social Security Coordination between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation signed at London on 9th September 2021(4).

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, so far as they relate to Northern Ireland.

(2) Paragraph (1) applies to—

(a) the Social Security Administration (Northern Ireland) Act 1992(5);

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

(c) the Jobseekers (Northern Ireland) Order 1995(7);

(d) Chapter 2 of Part 2 of the Social Security (Northern Ireland) Order 1998(8);

(e) the State Pension Credit Act (Northern Ireland) 2002(9);

(f) Part 1 of the Welfare Reform Act (Northern Ireland) 2007(10);

(g) Parts 2 and 5 of the Welfare Reform (Northern Ireland) Order 2015(11);

(h) Parts 1 and 5 of the Pensions Act (Northern Ireland) 2015(12);

(i) the following as they form part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018(13)—

(i) Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems;

(ii) 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; and

(j) regulations within the scope of section 155(5) of the Social Security Administration (Northern Ireland) Act 1992.

Variation of Order

3.  The Family Allowances, National Insurance and Industrial Injuries (Switzerland) Order (Northern Ireland) 1969(14) is varied in accordance with Article 77 (Relationship with the 1968 Convention) of the Convention set out in the Schedule to this Order.

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

Thérèse Coffey

Secretary of State

Department for Work and Pensions

30th September 2021

Penny Ciniewicz

Katherine Green

Two of the Commissioners for Her Majesty’s Revenue and Customs

30th September 2021

Articles 1, 2 and 3

SCHEDULE Convention on Social Security Coordination between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation

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 Coordination between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation, signed at London on 9th September 2021 (“the Convention”).

It also varies the Family Allowances, National Insurance and Industrial Injuries (Switzerland) Order (Northern Ireland) 1969 in accordance with Article 77 of the Convention.

This Order has effect from the date on which the Convention is provisionally applied in accordance with Article 73 of the Convention, or, if not provisionally applied, from the date on which the Convention enters into force in accordance with Article 72. Article 72 of the Convention provides that the Convention shall enter into force on the first day of the third month following the date of receipt of the later of the States’ written notifications that they have complied with all statutory and constitutional requirements for the entry into force of the Convention. Article 73 provides that, pending entry into force of the Convention, the States may agree to provisionally apply the Convention by an exchange of notes through diplomatic channels. Provisional application of the Convention shall take effect on the day following the later of the States’ notes.

This 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. 8. Section 155 was amended by S.I. 2020/1508; there are other amendments that are not relevant to this Order. In relation to Child Benefit and Guardian’s Allowance in Northern Ireland, the power under section 155 was transferred to the Board by section 50(1) and (2)(d) of the Tax Credits Act 2002 (c. 21). The Board is defined in section 67 of that Act as the Commissioners of Inland Revenue. The functions of the Commissioners of Inland Revenue were transferred to the Commissioners for Her Majesty’s Revenue and Customs by section 5(2) of the Commissioners for Revenue and Customs Act 2005 (c. 11). Section 50(1) of that Act provides that, insofar as is appropriate in consequence of section 5, a reference to the Commissioners of Inland Revenue, however expressed, shall be taken as a reference to the Commissioners for Her Majesty’s Revenue and Customs.

(2)

The date from which the Convention is provisionally applied will be published on the relevant page on GOV.UK which can be found at:https://www.gov.uk/

(3)

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

(4)

2021 CP 530.

(5)

No modifications are made in respect of payments out of the social fund, Christmas bonus, statutory sick pay or statutory maternity pay because section 155(4)(b)(i)-(iv) of the Social Security Administration (Northern Ireland) Act 1992 excludes these benefits from the scope of the power to modify.

(6)

1992 c. 7.

(7)

S.I. 1995/2705 (N.I. 15).

(8)

S.I. 1998/1506 (N.I. 10).

(9)

2002 c. 14 (N.I.).

(10)

2007 c. 2 (N.I.).

(11)

S.I. 2015/2006 (N.I. 1).

(12)

2015 c. 5 (N.I.).

(13)

2018 c. 16. Section 3 was amended by section 25(2) of the European Union (Withdrawal Agreement) Act 2020 (c. 1). Regulations (EC) No 883/2004 and 987/2009 as they form part of domestic law under section 3 of the European Union (Withdrawal) Act 2018 were revoked (with savings) by S.I. 2020/1508 with effect from IP completion day.

(14)

S.R. & O. (N. I.) 1969 No. 143; relevant amending provisions are S.I. 1975/1042, S.R. 1979 No. 92, S.R. 1988 No. 120, S.R. 1995 No. 110, S.R. 2001 No. 86, S.R. 2005 No. 544 and S.R. 2016 No. 188.