The Social Security (Ireland) Order (Northern Ireland) 2007

Made: 26th September 2007

Coming into operation: 1st October 2007

The Secretary of State for Northern Ireland makes the following Order in exercise of the powers conferred by section 155(1)(a) and (2) of the Social Security Administration (Northern Ireland) Act 1992[^f00001].

Citation and commencement

1

This Order may be cited as the Social Security (Ireland) Order (Northern Ireland) 2007 and shall come into operation on 1st October 2007.

Modification of Acts and the Jobseekers (Northern Ireland) Order 1995

2

The Social Security Administration (Northern Ireland) Act 1992, the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00002] and the Jobseekers (Northern Ireland) Order 1995[^f00003] are modified to such extent as may be required to give effect to the provisions contained in the Convention set out in Schedule 1, as amended by the Exchange of Notes set out in Schedule 2, so far as those provisions relate to Northern Ireland.

Revocation and variation of Orders

3

• (1) The National Insurance and Industrial Injuries (Reciprocal Agreement with the Republic of Ireland) Order (Northern Ireland) 1964[^f00004], the National Insurance (Republic of Ireland) Order (Northern Ireland) 1966[^f00005], the National Insurance and Industrial Injuries (Republic of Ireland) Order (Northern Ireland) 1968[^f00006] and the National Insurance (Republic of Ireland) Order (Northern Ireland) 1972[^f00007] are revoked.

• (2) The references to those Orders shall be omitted in—

• (a) Schedule 1 to the Social Security (Reciprocal Agreements) (Northern Ireland) Order 1976[^f00008];

• (b) the Schedule to the Social Security (Reciprocal Agreements) Order (Northern Ireland) 1979[^f00009];

• (c) the Schedule to the Social Security (Reciprocal Agreements) Order (Northern Ireland) 1988[^f00010];

• (d) Schedule 2 to the Social Security (Reciprocal Agreements) Order (Northern Ireland) 1995[^f00011];

• (e) Schedule 2 to the Social Security (Reciprocal Agreements) Order (Northern Ireland) 1996[^f00012];

• (f) Schedule 2 to the Social Security (Reciprocal Agreements) Order (Northern Ireland) 2001[^f00013]; and

• (g) Schedule 2 to the Social Security (Reciprocal Agreements) Order (Northern Ireland) 2005[^f00014].

SCHEDULE 1 — CONVENTION ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF IRELAND

The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland;

Having established reciprocity in the field of social security by means of the Agreements which were signed on their behalf at London on 29 March 1960 (which Agreement did not include Northern Ireland), at Dublin on 28 February 1966, at Dublin on 3 October 1968 and at London on 14 September 1971 and also including the arrangements made on 22 July 1964 between the Ministry of Labour and National Insurance in relation to Northern Ireland and the Minister for Social Welfare in relation to Ireland;

Wishing to consolidate the earlier Agreements and their extension and modification into a new convention;

Wishing to extend and modify the scope of that reciprocity and to take account of changes in their legislation;

Have agreed as follows:

PART 1 — GENERAL PROVISIONS

ARTICLE 1 — Definitions

ARTICLE 2 — Persons covered

Subject to Article 36, this Convention shall apply:

• (a) as regards relations between Great Britain, Northern Ireland and Ireland, only to persons to whom, in relation to a specific event or circumstance, Regulation (EEC) 1408/71 and the Implementing Regulation do not apply, or do not become applicable; and

• (b) as regards relations between Jersey, Guernsey, the Isle of Man and Ireland, to persons who are, or have been, subject to their legislation, to members of their families and to their survivors.

ARTICLE 3 — Scope of legislation

ARTICLE 4 — Equal treatment

A person, together with his dependants and survivors, who is, or has been, subject to the legislation of one Party shall, while he is in the territory of the other Party, have the same rights and obligations under the legislation of the other Party as a national of that Party, subject to the special provisions of this Convention.

ARTICLE 5 — Refugees and stateless persons

This Convention shall apply to refugees or stateless persons who are residing in the territory of either Party. It shall apply under the same conditions to members of their families, and to their survivors, with respect to the rights they derive from those refugees or stateless persons.

ARTICLE 6 — Provisions for the export of benefit

PART II — PROVISIONS WHICH DETERMINE THE LEGISLATION APPLICABLE CONCERNING CONTRIBUTION LIABILITY

ARTICLE 7 — General provisions

ARTICLE 8 — Detached Workers

Subject to Articles 9 and 10, where a person insured under the legislation of one Party, and employed by an employer with a place of business in the territory of that Party, is sent by that employer, either from the territory of that Party, or from a third country not party to this Convention, to work in the territory of the other Party, the legislation of the former Party concerning liability for contributions shall continue to apply to him as if he were employed in the territory of that Party, provided that the employment in the territory of the other Party is not expected to last for more than three years, and the legislation of the latter Party shall not apply to him.

ARTICLE 9 — Travelling Personnel

Subject to Article 10, the following provisions shall apply to any person employed as a member of the travelling personnel of an undertaking engaged in the transport of passengers or goods whether for another undertaking or on its own account:

• (a) subject to sub-paragraphs (b) and (c), where a person is employed by an undertaking which has its principal place of business in the territory of one Party, the legislation of that Party concerning liability for contributions shall apply to him as if he were employed in its territory, even if he is employed in the territory of the other Party;

• (b) subject to sub-paragraph (c), where the undertaking has a branch or agency in the territory of one Party and a person is employed by that branch or agency, the legislation of that Party concerning liability for contributions shall apply to him;

• (c) where a person is ordinarily resident in the territory of one Party and is employed wholly or mainly in that territory, the legislation of that Party concerning liability for contributions shall apply to him, even if the undertaking which employs him does not have a place of business or branch or any agency in that territory.

ARTICLE 10 — Mariners and others employed on board a ship or vessel

ARTICLE 11 — Diplomats, Government Servants and Consular Employees

ARTICLE 12 — Modification Provisions

Exceptionally, the competent authorities of the Parties may agree to modify the application of Articles 7 to 11 in respect of particular persons or categories of persons.

PART III — SPECIAL PROVISIONS

ARTICLE 13 — Conversion formulae for contributions

PART IV — BENEFIT PROVISIONS

SECTION 1 — PROVISIONS FOR SICKNESS, MATERNITY, INVALIDITY AND UNEMPLOYMENT

ARTICLE 14 — Sickness benefit and Maternity allowance

ARTICLE 15 — Invalidity benefit

ARTICLE 16 — Unemployment benefit

SECTION 2 — RETIREMENT PENSION AND SURVIVOR'S BENEFIT

ARTICLE 17 — General provisions

ARTICLE 18 — Pro-rata Pensions

ARTICLE 19 — Insurance periods to be taken into account

ARTICLE 20 — Overlapping periods

For the purpose of applying Article 18:

• (a) where a compulsory contribution period or an equivalent period completed under the legislation of one Party coincides with a voluntary contribution period completed under the legislation of the other Party, only the compulsory contribution period or equivalent period shall be taken into account, provided that the amount of pension payable under the legislation of the latter Party under Article 18(3) shall be increased by the amount by which the pension payable under the legislation of that Party would have been increased if all voluntary contributions paid under that legislation had been taken into account;

• (b) where a contribution period, other than a voluntary contribution period, completed under the legislation of one Party coincides with an equivalent period completed under the legislation of the other Party, only the contribution period shall be taken into account;

• (c) where an equivalent period completed under the legislation of one Party coincides with an equivalent period completed under the legislation of the other Party, account shall be taken only of the equivalent period completed under the legislation under which the insured person was last insured before the day when the periods in question began or, if he was never insured before that day, under the legislation under which he first became insured after the day when the periods in question ended;

• (d) where a compulsory contribution period completed under the legislation of one Party coincides with a compulsory contribution period completed under the legislation of the other Party, each Party shall take into account only the compulsory contribution period completed under its own legislation;

• (e) where a voluntary contribution period completed under the legislation of one Party coincides with a voluntary contribution period completed under the legislation of the other Party, each Party shall take into account only the voluntary contribution period completed under its own legislation;

• (f) where it is not possible to determine accurately the period of time in which certain insurance periods were completed under the legislation of one Party, such insurance periods shall be treated as if they did not overlap with insurance periods completed under the legislation of the other Party and shall be taken into account to the best advantage of the beneficiary.

ARTICLE 21 — Benefits to be excluded

ARTICLE 22 — Increases for dependant children

ARTICLE 23 — Non-simultaneous entitlement

Where a person does not simultaneously satisfy the conditions for entitlement to a retirement pension under the legislation of both Parties, his entitlement from each Party shall be established as and when he satisfies the conditions applicable under the legislation of that Party, taking account, where appropriate, of Article 18.

ARTICLE 24 — Survivor’s benefit

SECTION 3 — BENEFITS FOR INDUSTRIAL ACCIDENTS AND INDUSTRIAL DISEASES

ARTICLE 25 — General provisions

ARTICLE 26 — Dual Attribution and Aggravation of an Industrial Disease

ARTICLE 27 — Dual entitlement

A person shall not be entitled, whether by virtue of this Convention or otherwise, to receive sickness benefit, including industrial injury benefit under the legislation of Guernsey, invalidity benefit or maternity allowance under the legislation of one Party for any period during which he is entitled to benefit, other than a pension, under the legislation of the other Party in respect of incapacity for work which results from an industrial accident or an industrial disease.

SECTION 4 — FAMILY BENEFITS

ARTICLE 28 — Family allowance

For the purposes of any claim to family allowance under the legislation of Guernsey:

• (a) any period of residence or presence in Ireland shall be treated as a period of residence or presence in Guernsey; and

• (b) a person whose place of birth was in Ireland shall be treated as if his place of birth were in Guernsey.

SECTION 5 — DEATH BENEFIT

ARTICLE 29 — Death grant under the legislation of Jersey, Guernsey or Ireland

PART V — MISCELLANEOUS PROVISIONS

ARTICLE 30 — Recovery of advance payments and overpayments of benefit

ARTICLE 31 — Arrangements for Administration and Co-operation

ARTICLE 32 — Submission of claim or appeal

ARTICLE 33 — Currency and method of payment

ARTICLE 34 — Resolution of disputes

PART VI — TRANSITIONAL AND FINAL PROVISIONS

ARTICLE 35 — Prior acquisition of rights — old agreements replaced by new Convention — persons covered by this Convention

ARTICLE 36 — Prior acquisition of rights — old Agreements replaced by new Convention — persons excluded from this convention

As regards persons who, by virtue of Article 2, are not covered by this Convention, the following provisions shall apply:

• (a) any rights in course of acquisition under the earlier agreements before the date of entry into force of this Convention shall be determined in accordance with Regulation (EEC) 1408/71 and the Implementing Regulation;

• (b) the earlier agreements shall remain applicable to any award of a benefit which was made under them prior to the date of entry into force of this Convention.

ARTICLE 37 — Ratification

This Convention shall be ratified and the instruments of ratification shall be exchanged in London as soon as possible. The Convention shall enter into force on the first day of the third month following the month in which the instruments of ratification are exchanged.

ARTICLE 38 — Life of the Convention

This Convention shall remain in force for an indefinite period. The Government of the United Kingdom of Great Britain and Northern Ireland or the Government of Ireland may denounce it at any time by giving 6 months' notice in writing to the other Party.

ARTICLE 39 — Rights on termination of this convention not replaced by another

In the event of the termination of this Convention and unless a new Convention containing provisions regulating the matter is made, any right to benefit acquired by a person in accordance with this Convention shall be maintained and negotiations shall take place for the settlement of any other rights then in course of acquisition by virtue of those provisions.

In witness whereof the undersigned, duly authorised by their respective Governments, have signed this Convention.

Done in duplicate at Dublin this fourteenth day of December 2004.

For the Government of the United Kingdom of Great Britain and Northern Ireland

S G Eldon

For the Government of Ireland

John Hynes

SCHEDULE 2 — EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND THE GOVERNMENT OF IRELAND

[No. 1]

3 July 2007

Your Excellency

I have the honour to refer to the Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland, which was signed at Dublin on 14 December, 2004 and to propose that the following amendments should be made in the text of the Convention:

• (A) In Article 1(1) the definition of “Category A retirement pension” and “Category B retirement pension” shall be replaced as follows:

• “Category A retirement pension” means either, or both, a basic retirement pension and an additional pension based on a person’s own insurance contributions, or for certain persons whose marriages have ended by divorce or widowhood, or for certain persons whose civil partnerships have ended by dissolution or by the death of a civil partner, a basic retirement pension based on the former spouse’s or civil partner’s insurance contributions, payable under the legislation of Great Britain, Northern Ireland or the Isle of Man, and an old age pension based on a person’s own contributions or, for certain persons whose marriages have ended by divorce or widowhood, based on the former spouse’s contributions, payable under the legislation of Jersey or Guernsey;
• “Category B retirement pension” means a basic retirement pension payable to a married person or civil partner on the spouse’s or civil partner’s contributions or, for a widow, widower or surviving civil partner, either, or both, a basic retirement pension and an additional pension based on the late spouse’s or civil partner’s contributions, payable under the legislation of Great Britain, Northern Ireland or the Isle of Man, and an old age pension payable under the legislation of Jersey or Guernsey to a married woman by virtue of the contributions of her husband while he is alive;

• (B) In Article 1(1) the definition of “invalidity benefit” shall be replaced as follows:

• “invalidity benefit” means— long-term incapacity benefit, additional pension, invalidity allowance and incapacity age addition payable under the legislation of Great Britain, Northern Ireland or the Isle of Man, or invalidity benefit payable under the legislation of Guernsey, or invalidity benefit, long term incapacity allowance or incapacity pension payable under the legislation of Jersey, or invalidity pension payable under the legislation of Ireland;

• (C) In Article 1(1) the definition of “sickness benefit” shall be replaced as follows:

• “sickness benefit” means— short-term incapacity benefit at the lower, higher or long-term rate payable under the legislation of Great Britain, Northern Ireland or the Isle of Man, or sickness benefit and industrial injury benefit payable under the legislation of Guernsey, or short term incapacity allowance payable under the legislation of Jersey, or disability benefit payable under the legislation of Ireland.

• (D) Article 6, paragraph (3) shall be replaced as follows:

(3) Subject to Article 15(3) to (5), a person who continues to be entitled to receive sickness benefit under the legislation of Jersey while he is in Ireland may, after having received, or been deemed to have received, 364 days sickness benefit, become entitled to receive long term incapacity allowance under the legislation of Jersey provided that he continues to satisfy the insurance authority of Jersey of a loss of physical or mental faculty.

• (E) In Article 15 a new paragraph shall be inserted as follows:

(3) Where a person is entitled to incapacity pension under the legislation of Jersey, only contribution periods completed, or deemed to be completed, under the legislation of Jersey shall be taken into consideration in the calculation of the rate of incapacity pension.

• (F) In Article 19, paragraph (1) after the words “completed by a spouse” there shall be added the words “or civil partner” and after the words “or former spouse” there shall be added the words “or former civil partner”.

If the foregoing proposals are acceptable to the Government of Ireland, I have the honour to suggest that this Note, together with Your Excellency’s reply to that effect, shall constitute an Agreement between our two Governments which shall enter into force at the same time as the Convention.

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

Win Harris

Director, Joint International Unit of the Department for Work and Pensions and the Department for Education and Skills

[No. 2]

3 July 2007

Win Harris

Director, Joint International Unit of the Department for Work and Pensions and the Department for Education and Skills

I have the honour to acknowledge the receipt of your note dated 3 July 2007 which reads as follows:

[the Note here sets out the text for No. 1]

I have the honour to confirm that the foregoing is acceptable to the Government of Ireland and that they agree that your Note together with this reply shall constitute an Agreement between our two Governments in this matter, which shall enter into force at the same time as the Convention.

I avail myself of this opportunity to renew assurances of my highest consideration.

Dáithí O'Ceallaigh

Ambassador of Ireland, London

Signed

Shaun Woodward — One of Her Majesty’s Principal Secretaries of State — Dated this 26th day of September 2007

Explanatory note

(This note is not part of the Order)

This Order makes provision for the modification of the Social Security Administration (Northern Ireland) Act 1992, the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and the Jobseekers (Northern Ireland) Order 1995 so as to give effect to the Convention on Social Security signed between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland, as amended by the Exchange of Notes.

The Convention set out in Schedule 1 relates to reciprocity in benefits for sickness, maternity, invalidity and unemployment, retirement pension and survivor’s benefit and benefit for industrial accidents and industrial diseases in relation to persons to whom Council Regulation (EEC) 1408/71 does not apply moving between Ireland and the United Kingdom of Great Britain and Northern Ireland. The Notes set out in Schedule 2 amend the Convention to take account of legislative changes in the United Kingdom relating to the benefit entitlement of spouses and civil partners.

Footnotes

[^f00001]: 1992 c. 8

[^f00002]: 1992 c. 7

[^f00003]: S.I. 1995/2705 (N.I. 15)

[^f00004]: S.R. & O. (N.I.) 1964 No. 142

[^f00005]: S.R. & O. (N.I.) 1966 No. 50

[^f00006]: S.R. & O. 1968 No. 252

[^f00007]: S.R. & O. 1972 No. 4

[^f00008]: S.I. 1976/1044

[^f00009]: S.R. 1979 No. 92

[^f00010]: S.R. 1988 No. 120

[^f00011]: S.R. 1995 No. 110

[^f00012]: S.R. 1996 No. 327

[^f00013]: S.R. 2001 No. 86

[^f00014]: S.R. 2005 No. 544

Editorial notes

[^key-27f48545534905ad403a8fcfc58f001d]: Art. 1 in operation at 1.10.2007, see art. 1

[^key-6cdcc81a5b63612461eb58e5002f43e2]: Art. 2 in operation at 1.10.2007, see art. 1

[^key-6408a8013406e0fc54d17dc3839e4d2a]: Art. 3 in operation at 1.10.2007, see art. 1

[^key-782130a0de9e8a9bc914614505969337]: Schedule 1 art. 1, in operation at 1.10.2007, see art. 1

[^key-065a1e045c0507ab7eca82d7ab64f956]: Schedule 1 art. 2, in operation at 1.10.2007, see art. 1

[^key-b2a8c7e7aa5a81ffe83d54256401839c]: Schedule 1 art. 3, in operation at 1.10.2007, see art. 1

[^key-5ceacb1634eb303682621a1d520afe8d]: Schedule 1 art. 4, in operation at 1.10.2007, see art. 1

[^key-06bf08fe038425bb9d0284ec3a7d62df]: Schedule 1 art. 5, in operation at 1.10.2007, see art. 1

[^key-c87cbf4e9024c5764a7549e384ea05cc]: Schedule 1 art. 6, in operation at 1.10.2007, see art. 1

[^key-93c920da27b96d9a480d87bc1a153a23]: Schedule 1 art. 7, in operation at 1.10.2007, see art. 1

[^key-c7b2dd2d7d6f73ad87a33fa4e73c3c6f]: Schedule 1 art. 8, in operation at 1.10.2007, see art. 1

[^key-7e0a708589fe082e304e2a7618962cc0]: Schedule 1 art. 9, in operation at 1.10.2007, see art. 1

[^key-43e5abf719b4c245da52c07f8fc2b0f9]: Schedule 1 art. 10, in operation at 1.10.2007, see art. 1

[^key-e4a70d18ef15a550134bed7506cd11cd]: Schedule 1 art. 11, in operation at 1.10.2007, see art. 1

[^key-3a3346a6afcd069a8c64e2bd6286b283]: Schedule 1 art. 12, in operation at 1.10.2007, see art. 1

[^key-a63a759f8ee169f823f77423f3bc5327]: Sch. 1 art. 13, in operation at 1.10.2007, see art. 1

[^key-bcd8f231db813a3a95aa4cb26330701e]: Sch. 1 art. 14, in operation at 1.10.2007, see art. 1

[^key-529436543d32a2c7ec7592e01b8dd28c]: Sch. 1 art. 15, in operation at 1.10.2007, see art. 1

[^key-07c0bdb63e5f11a8cb5c3ccbf8e1e024]: Sch. 1 art. 16, in operation at 1.10.2007, see art. 1

[^key-8b01aacb2ff659624ed9de5255f3eb93]: Sch. 1 art. 17, in operation at 1.10.2007, see art. 1

[^key-e3f0e352710301ecfc6df3c52b089de5]: Sch. 1 art. 18, in operation at 1.10.2007, see art. 1

[^key-d410f9b1d31c816e6f53c2c30684baea]: Sch. 1 art. 19, in operation at 1.10.2007, see art. 1

[^key-6ee8c9a3b4b021dbaedde900da678f8f]: Sch. 1 art. 20, in operation at 1.10.2007, see art. 1

[^key-bb72eed3d6fc3f5e441e51b9c51d228e]: Sch. 1 art. 21, in operation at 1.10.2007, see art. 1

[^key-d09e9ac65589704867a87d6929ae56ac]: Sch. 1 art. 22, in operation at 1.10.2007, see art. 1

[^key-d6064ec233c8bafb432b66a95a54fd4c]: Sch. 1 art. 23, in operation at 1.10.2007, see art. 1

[^key-c6047dd345603ed5d5a50ea7aee05003]: Sch. 1 art. 24, in operation at 1.10.2007, see art. 1

[^key-2ae45e5c3fb3d21886ff3132dfd85705]: Sch. 1 art. 25, in operation at 1.10.2007, see art. 1

[^key-ee2b8cc64634cd6cbc381d99d20678e0]: Sch. 1 art. 26, in operation at 1.10.2007, see art. 1

[^key-529ad3a301f1ffdf7b209489697988b2]: Sch. 1 art. 27, in operation at 1.10.2007, see art. 1

[^key-d48ec88f29dc15edf1d10e2b72732618]: Sch. 1 art. 28, in operation at 1.10.2007, see art. 1

[^key-dc48864adf68858961c3533937566bb0]: Sch. 1 art. 29, in operation at 1.10.2007, see art. 1

[^key-27900bb4d167be17d7daed9c4efb12f6]: Sch. 1 art. 30, in operation at 1.10.2007, see art. 1

[^key-9cc76f4a717667167ab3ccd1216646e0]: Sch. 1 art. 31, in operation at 1.10.2007, see art. 1

[^key-126e564ef80ee716bf12cd85cec1cf38]: Sch. 1 art. 32, in operation at 1.10.2007, see art. 1

[^key-deedd9c0f7d689264944ecc6eaa79e63]: Sch. 1 art. 33, in operation at 1.10.2007, see art. 1

[^key-0952c46c363895295c64209d9677920f]: Sch. 1 art. 34, in operation at 1.10.2007, see art. 1

[^key-c46674ddc6f8135ca7dd469baed49feb]: Sch. 1 art. 35, in operation at 1.10.2007, see art. 1

[^key-d862d6c1f9d9af236a4c6bd8fb04141d]: Sch. 1 art. 36, in operation at 1.10.2007, see art. 1

[^key-b8add14fcf654669ecce3c363389d0fe]: Sch. 1 art. 37, in operation at 1.10.2007, see art. 1

[^key-8b1d087ecefbbfa105d11cace9af9b58]: Sch. 1 art. 38, in operation at 1.10.2007, see art. 1

[^key-5a1efb8c5fbf42dfe1ab4bfcccedde6f]: Sch. 1 art. 39, in operation at 1.10.2007, see art. 1

[^key-20a913c14437148dc423efd3b28767fa]: Sch. 2 in operation at 1.10.2007, see art. 1