2024 No. 21
Social Security

The Social Security (Gibraltar) Order (Northern Ireland) 2024

Made
Coming into operation in accordance with article 1
The Secretary of State and the Commissioners for His 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 19921.

Citation, commencement, extent and interpretation1.

(1)

This Order may be cited as the Social Security (Gibraltar) Order (Northern Ireland) 2024.

(2)

Article 1 of this Order comes into operation on the day after the day this Order is made.

(3)

Articles 2 and 3 come into operation on the first day of the month after such time as each party to the Agreement has notified the other that domestic procedures for entry into force have been completed, in accordance with Article 61 of the Agreement2 (entry into force).

(4)

This Order extends to Northern Ireland.

(5)

In this Order “the Agreement” means the agreement in the Schedule to this Order as set out in the Exchange of Letters between His Majesty’s Government of the United Kingdom of Great Britain and Northern Ireland and His Majesty’s Government of Gibraltar dated 25th January 2024 and 26th January 2024, respectively.

Modification of legislation2.

(1)

The legislation to which this paragraph applies is modified to the extent required to give effect to the provisions contained in the Agreement so far as such legislation relates to Northern Ireland.

(2)

Paragraph (1) applies to—

(a)

the Social Security Administration (Northern Ireland) Act 19923;

(b)

the Social Security Contributions and Benefits (Northern Ireland) Act 19924;

(c)

the Jobseekers (Northern Ireland) Order 19955;

(d)

Chapter 2 of Part 2 of the Social Security (Northern Ireland) Order 19986;

(e)

the State Pension Credit Act (Northern Ireland) 20027;

(f)

Part 1 of the Welfare Reform Act (Northern Ireland) 20078;

(g)

Parts 2 and 5 of the Welfare Reform (Northern Ireland) Order 20159;

(h)

Parts 1 and 5 of the Pensions Act (Northern Ireland) 201510;

(i)

the following as they form part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 201811

(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 199212.

Variation of Order3.

The Family Allowances, National Insurance and Industrial Injuries (Gibraltar) Order (Northern Ireland) 197413 is varied in accordance with Article 65 of the Agreement (relationship with the 1974 Exchange of Letters), so far as the Order relates to Northern Ireland.

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

Jo Churchill
Minister of State
Department for Work and Pensions

Signed by the authority of two of the Commissioners for His Majesty’s Revenue and Customs

Jonathan Athow
Myrtle Lloyd
Two of the Commissioners for His Majesty’s Revenue and Customs

SCHEDULEExchange of Letters between His Majesty’s Government of the United Kingdom of Great Britain and Northern Ireland and His Majesty’s Government of Gibraltar for the agreement on social security between His Majesty’s Government of the United Kingdom of Great Britain and Northern Ireland and His Majesty’s Government of Gibraltar

Articles 1, 2 and 3

Letter from Department for Work and Pensions to HM Government of Gibraltar - page 1

Letter from Department for Work and Pensions to HM Government of Gibraltar - page 2

page 1 of the agreement

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Letter from HM Government of Gibraltar to Department for Work and Pensions - page 2

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 Agreement on Social Security in the Schedule as set out in the Exchange of Letters between His Majesty’s Government of the United Kingdom of Great Britain and Northern Ireland and His Majesty’s Government of Gibraltar dated 25th January 2024 and 26th January 2024, respectively (“the Agreement”).

Article 1 of this Order will come into operation on the day after the day this Order is made. Articles 2 and 3 will come into operation, and implement the Agreement set out in the Schedule, on the first day of the month after such time as both parties to the Agreement have completed the necessary domestic procedures to prepare for their respective legislation to come into force and have notified the other party. This is in accordance with Article 61 of the Agreement (entry into force). A notice will be published in The Gazette by the Department for Work and Pensions to record that the notifications between the parties have been completed.

The Agreement makes provision for reciprocal arrangements in the field of social security between the parties.

Article 3 of this Order provides that the Family Allowances, National Insurance and Industrial Injuries (Gibraltar) Order (Northern Ireland) 1974 (S.R. 1974/153) is varied to reflect the effect of Article 65 of the Agreement (relationship with the 1974 Exchange of Letters). Article 65 of the Agreement, which governs the relationship between the 1974 Exchange of Letters and the Agreement, confirms that the 1974 Exchange of Letters will continue to apply for any awards made on a date on or before 31st December 2020 and will discontinue the 1974 Exchange of Letters for any awards made on or after 1st January 2021.

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.