The Social Security (Northern Ireland Reciprocal Arrangements) Regulations 1976

Regulation 2(1)

SCHEDULE 1 MEMORANDUM OF RECIPROCAL ARRANGEMENTS RELATING TO SOCIAL SECURITY BETWEEN THE SECRETARY OF STATE FOR SOCIAL SERVICES, WITH THE CONSENT OF THE TREASURY, OF THE ONE PART AND THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES FOR NORTHERN IRELAND, WITH THE CONSENT OF THE DEPARTMENT OF FINANCE FOR NORTHERN IRELAND, OF THE OTHER PART

“1.—(1) In this Memorandum, unless the context otherwise requires:—

“the Act” means, in relation to Great Britain, the Social Security Act 1975 and, in relation to Northern Ireland, the Social Security (Northern Ireland) Act 1975 in each case as amended, modified, adapted, extended, supplemented, replaced or consolidated by any subsequent enactment or by any instrument; but not one made for the purpose of giving effect to the provisions of any agreements applying to one of the two territories and providing for reciprocity with a scheme of social security in force outside the United Kingdom; and “the Acts” means both of those Acts;

“determining authority” means, in relation to Great Britain, an insurance officer, a local tribunal, a Commissioner, a medical board, a medical appeal tribunal, or the Attendance Allowance Board, as the case may require, and in relation to Northern Ireland, an insurance officer, a local tribunal, a Commissioner, a medical board, a medical appeal tribunal or the Attendance Allowance Board for Northern Ireland, as the case may require;

“territory” means Great Britain or Northern Ireland, as the case may require.

(2) Unless the context otherwise requires, in the application of this Memorandum to a territory, expressions used in the Memorandum shall have the same respective meanings as in the Act which relates to that territory.

(3) The rules for the construction of Acts of Parliament contained in the Interpretation Act 1889 shall apply for the purposes of the interpretation of this Memorandum as they apply for the purposes of the interpretation of an Act of Parliament.

  

2.—(1) For the purposes of all or any of the provisions of the systems of social security established by the Acts—

(a) acts, omissions and events and in particular residence, presence, employment (including employment as a mariner or airman), the occurrence of an industrial accident or the development of any prescribed disease, the payment, crediting or treating as paid of contributions (including graduated contributions and payments in lieu of graduated contributions), the refund of contributions paid in excess of the annual maximum amounts payable and the payment or claiming of benefit; and

(b) the operation of any provisions as to exception from liability to pay contributions,

having effect for all or any of those purposes in one territory shall have corresponding effect for all or any of those purposes in the other territory.

(2) If an employed earner has an accident after he leaves one territory to go in the course of his employment to the other territory and before he arrives in the latter territory, then for the purpose of any right to benefit in respect of that accident:—

(a) a claim for benefit may be made in either territory; and

(b) the accident shall be treated as if it had happened in the territory in which the claim is made; and

(c) the employed earner's absence from either territory shall be disregarded in determining whether the employment is employed earner's employment for the purposes of those provisions of the Acts relating to industrial injuries benefits.

  

3.—(1) Subject to paragraphs (2) and (3) of this Article,—

(a) a decision of the determining authority on any question relating to a claim for benefit arising under or in connection with the Acts may be reviewed;

(b) any appeal from such a decision, from a decision given on a review of, or from a refusal to review, such a decision may be determined; and

(c) an assessment of the extent of disablement may be reviewed, on account of an unforeseen aggravation of the results of the relevant injury,

under the legislation of the territory in which the claimant is as if that question or appeal had arisen or that assessment had been made in that territory notwithstanding that it arose or was made in the other territory.

(2) For the purposes of this Article a reference to a medical appeal tribunal for consideration of a decision of a medical board shall be treated as if it were an appeal from that decision.

(3) Nothing in this Article shall permit an appeal to a Commissioner in Great Britain from a decision of a medical appeal tribunal in Northern Ireland.

  

4.  The provisions of Articles 2 and 3 of this Memorandum shall not confer a right to double benefit.

  

5.  The National Insurance Joint Authority shall be responsible for making any necessary financial adjustments between the National Insurance Fund and the Northern Ireland National Insurance Fund as a consequence of the provisions of this Memorandum.

  

6.  The National Insurance Joint Authority shall from time to time determine the administrative procedure appropriate for the purposes of giving effect to the provisions of this Memorandum.

  

7.  The arrangements in this Memorandum shall come into operation on 6 September 1976, but either Party may terminate them by giving not less than six months notice in writing to the other.

  

8.  The Memoranda of Reciprocal Arrangements dated 11 November 1947 and 22 December 1947 as amended and extended (which arrangements relate to national insurance and industrial injuries respectively) and made between the Minister of National Insurance, with the consent of the Treasury, of the one part and the Ministry of Labour and National Insurance for Northern Ireland, with the consent of the Ministry of Finance for Northern Ireland, of the other part shall be terminated upon the coming into operation of this Memorandum, and anything whatsoever occurring, done or suffered before any such termination and having effect for the purposes of the said Memoranda shall be treated as having a corresponding effect for the purposes of this Memorandum.

  

DAVID ENNALS

Secretary of State for Social Services

Signed, on 13th day of May 1976

We consent.

T. PENDRY

DONALD R. COLEMAN

Two of the Lords Commissioners of Her Majesty's Treasury

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on 3rd day of June 1976.

L.S.

N. DUGDALE

Secretary

The Department of Finance for Northern Ireland hereby consents

Sealed with the Official Seal of the Department of Finance for Northern Ireland on 3rd day of June 1976.

L.S.

R.H. KIDD

Second Secretary”