The Social Security (Canada) Order (Northern Ireland) 1995

Made: 18th October 1995

Coming into operation: 1st December 1995

In exercise of the powers conferred on me by section 155(1) and (2) of the Social Security Administration (Northern Ireland) Act 1992[^f00001] and of all other powers enabling me in that behalf, I hereby make the following Order:

Citation and commencement

1

This Order may be cited as the Social Security (Canada) Order (Northern Ireland) 1995 and shall come into operation on 1st December 1995.

Modification of the Social Security Contributions and Benefits (Northern Ireland) Act and the Social Security Administration (Northern Ireland) Act

2

• (1) The Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00002] and the Social Security Administration (Northern Ireland) Act 1992 and any regulations made or having effects thereunder[^f00003] shall be to such an extent as may be required to give effect to the provisions contained in the consolidated arrangements so far as the same relate to Northern Ireland.

• (2) In this Article “the consolidated arrangements” mean arrangements concerning social security agreed in former Exchanges of Letters to be consolidated into a single document, with modifications where necessary to take account of changes in legislation; which arrangements are set out in a schedule to the Exchange of Letters[^f00004] set out in Schedule 1 to this Order and which shall enter into force on 1st December 1995, the date specified in the Exchange of Notes set out in Schedule 2 to this Order.

Revocation and amendment of orders and regulations

3

• (1) The Family Allowances and National Insurance (Canada) Order (Northern Ireland) 1960[^f00005], the National Insurance (Canada) Order (Northern Ireland) 1962[^f00006], the National Insurance (Canada) Order (Northern Ireland) 1973[^f00007] and the Social Security (Canada) Order (Northern Ireland) 1977[^f00008] are hereby revoked.

• (2) In Schedule 1 to the Social Security (Reciprocal Agreements) (Northern Ireland) Order 1976[^f00009] the entries relating to the Family Allowances and National Insurance (Canada) Order (Northern Ireland) 1960, to the National Insurance (Canada) Order (Northern Ireland) 1962 and to the National Insurance (Canada) Order (Northern Ireland) 1973 shall be omitted and in the Schedule to the Child Benefit (Residence and Persons Abroad) Regulations (Northern Ireland) 1976[^f00010] the entry relating to the Family Allowances and National Insurance (Canada) Order (Northern Ireland) 1960 shall be omitted.

SCHEDULE 1 — EXCHANGE OF LETTERS BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF CANADA CONCERNING CONSOLIDATED ARRANGEMENTS ON SOCIAL SECURITY

NO. 1 — The United Kingdom High Commissioner at Ottawa to the Minister of Employment and Immigration of Canada

British High Commission

Ottawa

11 October 1994

Dear Minister:

As you know, our officials have been considering whether the arrangements concerning social security agreed in the letters which passed between the Governments of the United Kingdom and Canada on 8 and 10 December 1959, as amended by the exchanges of letters of 7 and 30 November 1961, 9 March 1973 and 10 November 1977 (henceforth referred to as “the former exchanges of letters”) require to be consolidated into a single document, with modifications where necessary to take account of changes in legislation.

The Government of the United Kingdom now proposes that:

• (i) the consolidated arrangements shall be in the form as set out in the Schedule to this letter;

• (ii) the consolidated arrangements shall enter into force on a date to be specified in Notes exchanged between our two Governments, through the Diplomatic Channel, notifying each other that all matters as are necessary to give effect to these consolidated arrangements have been finalised, from which date the arrangements set out in the former exchanges of letters shall cease to have effect, except in respect of claims for benefit approved under those arrangements prior to that date;

• (iii) the consolidated arrangements shall remain in force until the two Governments agree to terminate them or either Government gives at least six months notice of termination of them to the other.

If these proposals are acceptable to the Government of Canada, I have the honour to suggest that this letter and its Schedule, and your reply to that effect, shall constitute an Agreement between the two Governments on this matter which shall enter into force as in (ii) above.

I avail myself of this opportunity to renew to Your Excellency the assurance of my highest consideration.

Nicholas P Bayne

Schedule to the letter of 11 October 1994 from the High Commissioner for the United Kingdom in Canada to the Minister of Employment and Immigration

PART I — GENERAL PROVISIONS

Definitions

Scope of Legislation

PART II — SPECIAL PROVISIONS

Unemployment Benefit

Retirement Pension

Conversion Formulae

Child Benefit

Disclosure of Information

Mutual Assistance

No. 2 — The Minister of Employment and Immigration of Canada to the United Kingdom High Commissioner at Ottawa

Ministry of Employment and Immigration

Ottawa

18 October 1994

Excellency:

I have the honour to acknowledge receipt of your letter of October 11, 1994 which reads as follows:

[As in No. 1]

I have the honour to confirm that the proposals set out in your letter and its Schedule are acceptable to the Government of Canada, and that your letter and its Schedule, and this letter in reply, which is equally authentic in English and French, all constitute an Agreement between our two Governments on this matter which shall enter into force as in (ii) above.

I have the honour to convey to Your Excellency the assurance of my highest consideration.

Lloyd Axworthy

SCHEDULE 2 — EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF TIFE UNITED KINGDOM OFGREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF CANADA

No. 1

Note No. 102

The British High Commission present their compliments to the Department of Foreign Affairs and International Trade and has the honour to refer to the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Canada concerning Consolidated Arrangements on Social Security concluded by an Exchange of Letters on the 11th and 18th October 1994 and in accordance with paragraph (ii) of those Letters to notify the Department of Foreign Affairs and International Trade that the Government of the United Kingdom of Great Britain and Northern Ireland has completed the constitutional and administrative requirements necessary for its implementation.

The British High Commission also has the honour to propose that, if the Government of Canada has similarly completed its constitutional and administrative requirements the Agreement shall enter into force on 1st December 1995.

The British High Commission avail themselves of this opportunity to renew to the Department of Foreign Affairs and International Trade the assurance of their highest consideration.

British High Commission

Ottawa

29th September 1995

No. 2

Note No. JLAB-0344

The Department of Foreign Affairs and International Trade presents its compliments to the British High Commission and has the honour to refer to the High Commission’s Note No. 102 of 29 September 1995 which reads as follows:

[As in No. 1]

The Department has the honour to advise that the constitutional and administrative arrangements necessary for the implementation of the said Agreement by the Government of Canada have been completed. The Department further has the honour to confirm that the foregoing is acceptable to the Government of Canada and that the Agreement shall enter into force on 1 December 1995.

The Department of Foreign Affairs and International Trade avails itself of this opportunity to renew to the British High Commission the assurances of its highest consideration.

OTTAWA, September 29, 1995

Signed

P B. B. Mayhew — One of Her Majesty’s Principal Secretaries of State — Dated this 18th day of October 1995.

Explanatory note

(This note is not part of the Order)

This Order makes provision for the modification of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and the Social Security Administration (Northern Ireland) Act 1992 and regulations made or having effect thereunder so as to give effect in Northern Ireland to the arrangements on social security contained in the Letters (set out in Schedule 1 to the Order) exchanged between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Canada (the consolidated arrangements). The provisions relate to child benefit, unemployment benefit and retirement pension.

The Order also contains revocations.

Footnotes

[^f00001]: 1992 c. 8

[^f00002]: 1992 c. 7

[^f00003]: See section 155(5) of the Social Security Administration (Northern Ireland) Act 1992

[^f00004]: See Cm. 2859

[^f00005]: S.R. & 0. (N.I.) 1960 No. 15

[^f00006]: S.R. & 0. (N.I.) 1962 No. 10

[^f00007]: S.R. & 0. (N.I.) 1973 No. 164

[^f00008]: S.R. 1977 No. 336

[^f00009]: S.I. 1976/1044

[^f00010]: S.R. 1976 No. 227