The Social Security (Gibraltar) Order 2024

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 force on the day after the day this Order is made. Articles 2 and 3 will come into force, 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 1974 (S.I. 1974/555) 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.