The Social Security (Switzerland) Order 2021

Statutory Instruments

2021 No. 1088

Social Security

The Social Security (Switzerland) Order 2021

Made

29th September 2021

Coming into force in accordance with article 1

At the Court at Balmoral, the 29th day of September 2021

Present,

The Queen’s Most Excellent Majesty in Council

This Order is made under the powers in section 179(1)(a) and (2) of the Social Security Administration Act 1992(1) which provide that, for the purpose of giving effect to any agreement with the government of a country outside the United Kingdom providing for reciprocity in specified matters, Her Majesty may by Order in Council make provision for modifying or adapting specified legislation in its application to cases affected by such agreement.

At London on 9th September 2021 a Convention on Social Security Coordination between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation(2) (“the Convention”) was signed on behalf of the respective Governments. The Convention makes provision for reciprocal arrangements between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation in relation to social security following the United Kingdom’s withdrawal from the European Union.

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.

In order to give effect to the Convention, therefore, Her Majesty, in exercise of the powers conferred on Her by section 179(1)(a) 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:

(1)

1992 c. 5. Section 179 has been relevantly amended by paragraph 2(2) of Schedule 6 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671) and by paragraph 1 of Part 1 of Schedule 1 to S.I. 2020/1508.

(2)

2021 CP 530.