2020 No. 1597

Social Security

The Social Security (Norway) Order 2020

Made

Coming into force

At the Court at Windsor Castle, the 16th day of December 2020

Present,

The Queen’s Most Excellent Majesty in Council

Whereas by the Social Security (Norway) Order 19911 (hereinafter referred to as the “Principal Order”) made in pursuance of section 143 of the Social Security Act 19752 and section 15 of the Child Benefit Act 19753, it was ordered that these Acts be modified to such extent as may be required to give effect to the provisions contained in the Convention4 and the Protocol set out in the Schedule to the Principal Order (hereinafter referred to as the “Principal Convention”), so far as the same relates to England, Wales and Scotland:

And Whereas by the Social Security (Norway) Order 19925 (hereinafter referred to as the “Amending Order”) made in pursuance of section 179 of the Social Security Administration Act 19926, it was ordered that the Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 19927 be modified, and the Principal Order varied, to such extent as may be required to give effect to the provisions contained in the Agreement contained in the Notes exchanged on behalf of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of Norway on 5th November 19928 which amended the Principal Convention as set out in the Schedule to the Amending Order:

And Whereas the Principal Convention was further amended by the Agreement9 contained in the Letters exchanged on behalf of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of Norway on 7th December 2020 (which Letters are set out in the Schedule to this Order):

And Whereas by section 179(1) and (2) of the Social Security Administration Act 1992, it is provided that Her Majesty may by Order in Council make provision for modifying or adapting specified legislation in its application to cases affected by agreement with the Governments of countries outside the United Kingdom providing for matters specified in that section:

Now therefore, Her Majesty, in pursuance of 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 commencement1

This Order may be cited as the Social Security (Norway) Order 2020 and comes into force on 1st January 2021.

Modification of legislation and variation of the Principal Order2

1

Subject to paragraph (3), the legislation specified in paragraph (2) is modified, and the Principal Order is varied, to the extent required to give effect to the Principal Convention as amended by the Agreement set out in the Schedule to this Order, as it applies to England, Wales and Scotland.

2

The legislation specified in this paragraph is—

a

the Social Security Administration Act 199210;

b

the Social Security Contributions and Benefits Act 1992;

c

the Jobseekers Act 199511;

d

Chapter 2 of Part 1 of the Social Security Act 199812;

e

Part 2 of the Social Security Contributions (Transfer of Functions, etc) Act 199913;

f

the State Pension Credit Act 200214;

g

Part 1 of the Welfare Reform Act 200715;

h

Parts 1 and 4 of the Welfare Reform Act 201216;

i

Parts 1 and 5 of the Pensions Act 201417;

j

the following as they form part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 201818

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 on the coordination of social security systems;

k

regulations within the scope of section 179(5)19 of the Social Security Administration Act 1992.

3

Paragraph (1) does not modify legislation in so far as it would be within the legislative competence of the Scottish Parliament to make such modifications, unless regulation 3 of the Scotland Act 2016 (Transitional) Regulations 201720 applies to functions conferred on a Minister of the Crown in respect of that devolved competence.

4

Paragraph (1) also modifies Part 2 of the Social Security Contributions (Transfer of Functions, etc) (Northern Ireland) Order 1999 so far as such provision relates to Northern Ireland21.

Revocations3

The Social Security (Norway) Order 199222 is revoked23.

Richard TilbrookClerk of the Privy Council

SCHEDULEExchange of Letters between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of Norway for the continued application and amendment of the Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of Norway, and the Protocol concerning Medical Treatment, done at Oslo on 19 June 1990

Article 2

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EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision for the modification of specified social security legislation, so as to give effect in Great Britain to the amendments agreed on 7th December 2020 (“the Agreement”) to the Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of Norway, and the Protocol concerning Medical Treatment, done at Oslo at 19 June 1990 (“the Convention”).

The Agreement provides for the changes to the Convention to take effect from 1st January 2021.

This Order revokes the Social Security (Norway) Order 1992.

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.