The Social Security (Iceland) (Liechtenstein) (Norway) Order (Northern Ireland) 2023

Type Ni-Statutory-Rule
Publication 2023-10-19
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
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ARTICLE 37 Certificates and information to be submitted with the claim by the claimant
ARTICLE 38 Investigation of claims by the institutions concerned
Contact institution
Investigation of claims for old-age and survivors’ pensions
ARTICLE 39 Notification of decisions to the claimant

Each institution shall notify the claimant of the decision it has taken in accordance with the applicable legislation. Each decision shall specify the remedies and periods allowed for appeals.

ARTICLE 40 Determination of the degree of invalidity

Each institution shall, in accordance with its legislation, have the possibility of having the claimant examined by a medical doctor or other expert of its choice to determine the degree of invalidity. However, the institution of a State shall take into consideration documents, medical reports and administrative information collected by the institution of any other State as if they had been drawn up in its own territory.

ARTICLE 41 Provisional instalments and advance payment of a benefit
ARTICLE 42 New calculation of benefits
ARTICLE 43 Measures intended to accelerate the pension calculation process
ARTICLE 44 Coordination measures in the States

Without prejudice to Article 50 of this Convention, where national legislation includes rules for determining the institution responsible or the scheme applicable or for designating periods of insurance to a specific scheme, those rules shall be applied, taking into account only periods of insurance completed under the legislation of the State concerned.

CHAPTER 5 UNEMPLOYMENT BENEFITS
ARTICLE 45 Aggregation of periods and calculation of benefits
TITLE IV FINANCIAL PROVISIONS
CHAPTER 1 REIMBURSEMENT OF THE COST OF BENEFITS IN APPLICATION OF ARTICLE 36 AND ARTICLE 42 OF THIS CONVENTION
SECTION 1 REIMBURSEMENT ON THE BASIS OF ACTUAL EXPENDITURE
ARTICLE 46 Principles
SECTION 2 REIMBURSEMENT ON THE BASIS OF FIXED AMOUNTS
ARTICLE 47 Identification of the State(s) concerned

shall be reimbursed by the competent institutions to the institutions providing those benefits, on the basis of a fixed amount established for each calendar year. This fixed amount shall be as close as possible to actual expenditure.

ARTICLE 48 Calculation method of the monthly fixed amounts and the total fixed amount

Fi = Yi1/12(1-X)

Where:

The number of months completed by the persons concerned in the creditor State shall be the sum of the calendar months in a calendar year during which the persons concerned were, because of their residence in the territory of the creditor State, eligible to receive benefits in kind in that territory at the expense of the debtor State. Those months shall be determined from an inventory kept for that purpose by the institution of the place of residence, based on documentary evidence of the entitlement of the beneficiaries supplied by the competent institution.

ARTICLE 49 Notification of annual average costs

The annual average cost per person in each age group for a specific year shall be notified to the Joint Administrative Committee at the latest by the end of the second year following the year in question. If the notification is not made by this deadline, the annual average cost per person which the Joint Administrative Committee has last determined for a previous year will be taken.

SECTION 3 COMMON PROVISIONS
ARTICLE 50 Procedure for reimbursement between institutions
ARTICLE 51 Deadlines for the introduction and settlement of claims
ARTICLE 52 Interest on late payments and down payments
ARTICLE 53 Statement of Annual Accounts

The States shall notify each other of the amount of the claims introduced, settled or contested (creditor position) and the amount of claims received, settled or contested (debtor position).

CHAPTER 2 RECOVERY OF BENEFITS PROVIDED BUT NOT DUE, RECOVERY OF PROVISIONAL PAYMENTS AND CONTRIBUTIONS, OFFSETTING AND ASSISTANCE WITH RECOVERY
SECTION 1 PRINCIPLES
ARTICLE 54 Common provisions

For the purposes of applying Article 67 of this Convention and within the framework defined therein, the recovery of claims shall, wherever possible, be by way of offsetting either between the institutions of the States concerned, or vis-à-vis the natural or legal person concerned in accordance with Articles 55 to 57 of this Annex. If it is not possible to recover all or any of the claim via this offsetting procedure, the remainder of the amount due shall be recovered in accordance with Articles 58 to 68 of this Annex.

SECTION 2 OFFSETTING
ARTICLE 55 Benefits received unduly

This provision applies mutatis mutandis to any family member of a person concerned who has received assistance in the territory of a State during a period in which the insured person was entitled to benefits under the legislation of another State in respect of that family member.

The institution of a State which has paid an undue amount of assistance shall send a statement of the amount due to the institution of the other State, which shall then deduct the amount, subject to the conditions and limits laid down for this kind of offsetting procedure in accordance with the legislation it applies, and transfer the amount without delay to the institution that has paid the undue amount.

ARTICLE 56 Provisionally paid benefits in cash or contributions

The institution identified as being competent for paying the benefits shall deduct the amount due in respect of the provisional payment from the arrears of the corresponding benefits it owes to the person concerned and shall without delay transfer the amount deducted to the institution which provisionally paid the cash benefits.

If the amount of provisionally paid benefits exceeds the amount of arrears, or if arrears do not exist, the institution identified as being competent shall deduct this amount from ongoing payments subject to the conditions and limits applying to this kind of offsetting procedure under the legislation it applies, and without delay transfer the amount deducted to the institution which provisionally paid the cash benefits.

Upon request of the institution identified as being competent, which shall be made at the latest three months after the applicable legislation has been determined, the institution that has provisionally received contributions shall transfer them to the institution identified as being competent for that period for the purpose of settling the situation concerning the contributions owed by the legal or natural person to it. The contributions transferred shall be retroactively deemed as having been paid to the institution identified as being competent.

If the amount of provisionally paid contributions exceeds the amount the legal or natural person owes to the institution identified as being competent, the institution which provisionally received contributions shall reimburse the amount in excess to the legal or natural person concerned.

ARTICLE 57 Costs related to offsetting

No costs are payable where the debt is recovered via the offsetting procedure provided for in Articles 55 and 56 of this Annex.

SECTION 3 RECOVERY
ARTICLE 58 Definitions and common provisions
ARTICLE 59 Requests for information
ARTICLE 60 Notification
ARTICLE 61 Request for recovery
ARTICLE 62 Instrument permitting enforcement of recovery
ARTICLE 63 Payment arrangements and deadline
ARTICLE 64 Contestation concerning the claim or the instrument permitting enforcement of its recovery and contestation concerning enforcement measures

Notwithstanding the first sub-paragraph, the applicant party may, in accordance with the laws, regulations and administrative practices in force in its own State, request the requested party to recover a contested claim, insofar as the relevant laws, regulations and administrative practices in force in the requested party’s State allow such action. If the result of the contestation is subsequently favourable to the debtor, the applicant party shall be liable for the reimbursement of any sums recovered, together with any compensation due, in accordance with the legislation in force in the requested party’s State.

ARTICLE 65 Limits applying to assistance
ARTICLE 66 Periods of limitation

Periods of limitation according to the laws in force in the State of the requested party shall start from the date of direct recognition or from the date of acceptance, recognition, supplementing or replacement in accordance with Article 62 of this Annex.

ARTICLE 67 Precautionary measures
ARTICLE 68 Costs related to recovery
TITLE V MISCELLANEOUS, TRANSITIONAL AND FINAL PROVISIONS
ARTICLE 69 Medical examination and administrative checks

The debtor institution shall inform the institution of the place of stay or residence of any special requirements, if necessary, to be followed and points to be covered by the medical examination.

The debtor institution shall reserve the right to have the beneficiary examined by a doctor of its choice. However, the beneficiary may be asked to return to the State of the debtor institution only if the beneficiary is able to make the journey without prejudice to that person’s health and the cost of travel and accommodation is paid for by the debtor institution.

Paragraph (2) shall also apply in this case.

ARTICLE 70 Notifications
ARTICLE 71 Currency conversion

For the purposes of this Convention and this Annex, the exchange rates between currencies shall be the reference rates published by the financial institution designated for this purpose by the Joint Administrative Committee. The date to be taken into account for determining the exchange rates shall be fixed by the Joint Administrative Committee.

ARTICLE 72 Implementing provisions

The Joint Administrative Committee may adopt further guidance on the implementation of this Convention and of this Annex.

ARTICLE 73 Interim provisions for forms and documents

For an interim period, the end date of which shall be agreed by the Joint Administrative Committee, all forms and documents issued by the competent institutions in the format used immediately before this Convention comes into force shall be valid for the purposes of implementing this Convention and, where appropriate, shall continue to be used for the exchange of information between competent institutions. All such forms and documents issued before and during that interim period shall be valid until their expiry or cancellation.

APPENDIX 1 ENTITLEMENT DOCUMENT (Article 23 and 31(1) of this Convention and Article 22 of this Annex)

1 Entitlement documents valid for the purposes of Articles 23 and 31(1) of this Convention and Article 22 of this Annex shall contain the following data: a surname and forename of the document holder; b personal identification number of the document holder; c date of birth of the document holder; d expiry date of the document; e the code “UK” in lieu of the ISO code of the United Kingdom, or the ISO code for the State in question, as the case may be; f identification and acronym of the competent institution issuing the document; g logical number of the document; h in the case of a provisional document, the date of issue and date of delivery of the document, and the signature and stamp of the competent institution.

2 The technical specifications of entitlement documents shall be agreed by the States through the Joint Administrative Committee in order to facilitate the acceptance of the respective documents by institutions of the States providing the benefits in kind. APPENDIX 2 STATES CLAIMING THE REIMBURSEMENT OF THE COST OF BENEFITS IN KIND ON THE BASIS OF FIXED AMOUNTS (Article 36(2) of this Convention and Article 47 of this Annex) NORWAY UNITED KINGDOM ANNEX 2 CERTAIN BENEFITS IN CASH TO WHICH THIS CONVENTION SHALL NOT APPLY PART 1 SPECIAL NON-CONTRIBUTORY CASH BENEFITS (Article 6(5)(a) of this Convention) ICELAND Additional social support for the elderly (Act No 74/2020 of 3 July 2020). LIECHTENSTEIN a Maternity allowances (Maternity Allowances Act of 25 November 1981 as amended); b Supplementary benefits to the old-age, survivors’ and invalidity insurance (Supplementary Benefits to the Old-Age, Survivors’ and Invalidity Insurance Act of 10 December 1965 as amended). NORWAY a Guaranteed minimum benefits to persons who are born disabled or become disabled at an early age pursuant to Chapters 12, 17, 18, 19 and 20 of the National Insurance Act of 28 February 1997; b Special benefits in accordance with the Act of 29 April 2005 No. 21 on supplementary allowance to persons with short periods of residence in Norway. UNITED KINGDOM a State Pension Credit (State Pension Credit Act 2002 and State Pension Credit Act (Northern Ireland) 2002); b Income-based allowances for jobseekers (Jobseekers Act 1995 and Jobseekers (Northern Ireland) Order 1995); c Disability Living Allowance, mobility component (Social Security Contributions and Benefits Act 1992 and Social Security Contributions and Benefits (Northern Ireland) Act 1992); d Personal Independence Payment, mobility component (Welfare Reform Act 2012 (Part 4) and Welfare Reform (Northern Ireland) Order 2015 (Part 5)); e Employment and Support Allowance Income-related (Welfare Reform Act 2007 and Welfare Reform Act (Northern Ireland) 2007); f Best Start Foods payment (Welfare Foods (Best Start Foods) (Scotland) Regulations 2019 (SSI 2019/193)); g Best Start Grants (pregnancy and baby grant, early learning grant, school-age grant) (The Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018 (SSI 2018/370)); h Funeral Support Payment (Funeral Expense Assistance (Scotland) Regulations 2019 (SSI 2019/292)); i Scottish Child Payment (The Scottish Child Payment Regulations 2020 (SSI 2020/351)); j Child Disability Payment, mobility component (The Disability Assistance for Children and Young People (Scotland) Regulations 2021 (SSI 2021/174)). PART 2 LONG-TERM CARE BENEFITS (Article 6(5)(d) of this Convention) LIECHTENSTEIN a Helpless allowance according to Art. 3bis of the Supplementary Benefits for Old-age, Survivors’ and Invalidity Insurance Act of 10 December 1965 as amended; b Support and Care Allowance according to Art. 3octies of the Supplementary Benefits for Old-age, Survivors’ and Invalidity Insurance Act of 10 December 1965 as amended; c Home care for pensioners with low income according to Art. 2 paragraph 4 lit. e and h of the Supplementary Benefits for Old-age, Survivors’ and Invalidity InsuranceAct of 10 December 1965 as amended; d Helpless allowance according to Art. 26 of the Compulsory Accident Insurance Actof 28 November 1989 as amended; e Allowances for blind persons (Granting of Allowances for Blind Persons Act of 17 December 1970 as amended). NORWAY a Basic Benefit pursuant to Chapter 6 of the National Insurance Act of 28 February 1997; b Attendance Benefit pursuant to Chapter 6 of the National Insurance Act of 28 February 1997; c Care Benefit pursuant to Chapter 9 of the National Insurance Act of 28 February 1997; d Attendance Allowance pursuant to Chapter 9 of the National Insurance Act of 28 February 1997; e Training Allowance pursuant to Chapter 9 of the National Insurance Act of 28 February 1997. UNITED KINGDOM a Attendance Allowance (Social Security Contributions and Benefits Act 1992, Social Security (Attendance Allowance) Regulations 1991, Social Security Contributions and Benefits (Northern Ireland) Act 1992 and Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992); b Carer’s Allowance (Social Security Contributions and Benefits Act 1992, The Social Security (Invalid Care Allowance) Regulations 1976, Social Security Contributions and Benefits (Northern Ireland) Act 1992) and The Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976; c Disability Living Allowance, care component (Social Security Contributions and Benefits Act 1992, Social Security (Disability Living Allowance) Regulations 1991, Social Security Contributions and Benefits (Northern Ireland) Act 1992 and Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992); d Personal Independence Payment, daily living component (Welfare Reform Act 2012 (Part 4), Social Security (Personal Independence Payment) Regulations 2013, The Personal Independence Payment (Transitional Provisions) Regulations 2013, Personal Independence Payment (Transitional Provisions) (Amendment) Regulations 2019, Welfare Reform (Northern Ireland) Order 2015 (Part 5), The Personal Independence Payment Regulations (Northern Ireland) 2016, The Personal Independence Payment (Transitional Provisions) Regulations (Northern Ireland) 2016 and Personal Independence Payment (Transitional Provisions) (Amendment) Regulations (Northern Ireland) 2019; e Carer’s Allowance Supplement (The Social Security (Scotland) Act 2018); f Young Carer’s Grant (The Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019 (SSI 2019/324)); g Child Winter Heating Assistance (The Winter Heating Assistance for Children and Young People (Scotland) Regulations 2020 (SSI 2020/352)); h Child Disability Payment, care component (The Disability Assistance for Children and Young People (Scotland) Regulations 2021 (SSI 2021/174)). PART 3 PAYMENTS WHICH ARE CONNECTED TO A BRANCH OF SOCIAL SECURITY LISTED IN ARTICLE 6(1) OF THIS CONVENTION AND WHICH ARE PAID TO MEET EXPENSES FOR HEATING IN COLD WEATHER (Article 6(5)(f) of this Convention) ICELAND None. LIECHTENSTEIN None. NORWAY None. UNITED KINGDOM Winter Fuel Payment (Social Security Contributions and Benefits Act 1992, Social Fund Winter Fuel Payment Regulations 2000, Social Security Contributions and Benefits (Northern Ireland) Act 1992 and Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000). ANNEX 3 RESTRICTION OF RIGHTS TO BENEFITS IN KIND FOR MEMBERS OF THE FAMILY OF A FRONTIER WORKER (Article 22(2) of this Convention) ICELAND NORWAY UNITED KINGDOM ANNEX 4 MORE RIGHTS FOR PENSIONERS RETURNING TO THE COMPETENT STATE (Article 31(2) of this Convention) ICELAND LIECHTENSTEIN UNITED KINGDOM ANNEX 5 CASES IN WHICH THE PRO RATA CALCULATION SHALL BE WAIVED OR SHALL NOT APPLY (Article 51(4) and (5) of this Convention) PART 1 CASES IN WHICH THE PRO RATA CALCULATION SHALL BE WAIVED PURSUANT TO ARTICLE 51(4) OF THIS CONVENTION ICELAND All applications from the old-age scheme according to the Act on Social Security No 100/2007. LIECHTENSTEIN All applications for old-age, survivors’ and invalidity pensions under the basic scheme (Old-age and Survivors’ Insurance Act of 14 December 1952 as amended andInvalidity Insurance Act of 23 December 1959 as amended). NORWAY All applications for old-age pension. UNITED KINGDOM All applications for retirement pension, state pension pursuant to Part 1 of the Pensions Act 2014, widows’ and bereavement benefits, with the exception of those for which during a tax year beginning on or after 6 April 1975: i the person concerned had completed periods of insurance, employment or residence under the legislation of the United Kingdom and another State; and one (or more) of the tax years was not considered a qualifying year within the meaning of the legislation of the United Kingdom; ii the periods of insurance completed under the legislation in force in the United Kingdom for the periods prior to 5 July 1948 would be taken into account for the purposes of sub-paragraph (b) of Article 51(1) of this Convention by application of the periods of insurance, employment or residence under the legislation of another State. All applications for additional pension pursuant to the Social Security Contributions and Benefits Act 1992, section 44, and the Social Security Contributions and Benefits (Northern Ireland) Act 1992, section 44. PART 2 CASES IN WHICH ARTICLE 51(5) OF THIS CONVENTION APPLIES ICELAND Old-age employment pension scheme. LIECHTENSTEIN None. NORWAY Old-age income pension pursuant to Chapter 20 of the National Insurance Act of 28 February 1997 and supplementary benefits pursuant to Chapter 17 of the National Insurance Act of 28 February 1997. UNITED KINGDOM Graduated retirement benefits paid pursuant to the National Insurance Act 1965, sections 36 and 37, and the National Insurance Act (Northern Ireland) 1966, sections 35 and 36. ANNEX 6 BENEFITS AND AGREEMENTS WHICH ALLOW THE APPLICATION OF ARTICLE 53 OF THIS CONVENTION

1 Benefits referred to in Article 53(2)(a) of this Convention, the amount of which is independent of the length of periods of insurance or residence completed. ICELAND Child pension in accordance with the Act on Social Security No 100/2007, and child pension in accordance with the Act on Mandatory Pension Insurance and on the Activities of Pension Funds No 129/1997. LIECHTENSTEIN None. NORWAY None. UNITED KINGDOM None.

2 Benefits referred to in Article 53(2)(b) of this Convention, the amount of which is determined by reference to a credited period deemed to have been completed between the date on which the risk materialised and a later date. ICELAND None. LIECHTENSTEIN None. NORWAY None. UNITED KINGDOM None.

3 Agreements referred to in Article 53(2)(b)(i) of this Convention intended to prevent the same credited period being taken into account two or more times. ICELAND None. LIECHTENSTEIN None. NORWAY None. UNITED KINGDOM None. ANNEX 7 SPECIAL PROVISIONS FOR THE APPLICATION OF THE LEGISLATION OF THE STATES (Article 6(3), Article 55(1) and Article 69 of this Convention) ICELAND 1 a Notwithstanding the provisions of Article 10 of this Convention, persons who have not been gainfully employed in one or more of the States are entitled to an Icelandic social pension only if they have been, or have previously been, permanent residents of Iceland for at least three years, subject to the age limits prescribed by Icelandic legislation. b The above mentioned provisions do not apply to Icelandic social pension entitlement for the members of the family of persons who are or have been gainfully employed in Iceland, or for students or the members of their families. 2 Notwithstanding the provisions of Article 10 of this Convention, and paragraph 1(a) and (b) of this Annex, entitlement to invalidity pension according to the Act on Social Security No. 100/2007 shall under this Convention only arise when a person has completed Icelandic periods of insurance totalling at least one year at the time of the materialisation of the risk. LIECHTENSTEIN Notwithstanding the provisions of Article 10 of this Convention, entitlement to invalidity pensions under the basic scheme according to the Invalidity Insurance Act of 23 December 1959 under this Convention shall only arise when a person has completed periods of insurance in Liechtenstein totalling at least one year at the time of the materialisation of the risk. NORWAY 1 The transitional provisions of the Norwegian legislation entailing a reduction of the insurance period which is required for a full supplementary pension for persons born before 1937 shall be applicable to persons covered by the Convention provided that they have been residents of Norway, or engaged in gainful occupation as employed or self-employed in Norway, for such a number of years as is required after their sixteenth birthday and before 1 January 1967. This requirement shall be one year for each year the person’s year of birth falls before 1937. 2 Notwithstanding the provisions of Article 10 of this Convention and paragraph 3(a) and (b) of this Annex, entitlement to Disability Benefit pursuant to Chapter 12 of the National Insurance Act of 28 February 1997 shall under this Convention only arise when a person has completed Norwegian periods of insurance totalling at least one year at the time of the materialisation of the risk. 3 a Notwithstanding the provisions of Article 10 of this Convention, persons who have not been gainfully employed in one or more States are entitled to a Norwegian social pension only if they have been, or have previously been, permanent residents of Norway for at least five years at the time of the materialisation of the risk, subject to the age limits prescribed by Norwegian legislation. b The above mentioned provisions do not apply to Norwegian social pension entitlement for the members of the family of persons who are or have been gainfully employed in Norway, or for students or the members of their families. 4 Article 11(a), Article 25(1) and Article 32 of this Convention shall not apply to Work Assessment Allowance pursuant to Chapter 11 of the National Insurance Act of 28 February 1997. 5 Article 11(a) of this Convention shall not apply to Birth Allowance in case of delivery at home pursuant to Section 5-13 of the National Insurance Act of 28 February 1997. 6 Article 11(a) of this Convention shall not apply to benefits provided under the special provisions concerning benefits to refugees. These benefits shall be provided only on the conditions specified in the legislation of Norway. UNITED KINGDOM 1 Where, in accordance with United Kingdom legislation, a person may be entitled to a retirement pension if: a the contributions of a former spouse are taken into account as if they were that person’s own contributions; or b the relevant contribution conditions are satisfied by that person’s spouse or former spouse, then provided, in each case, that the spouse or former spouse is or had been exercising an activity as an employed or self-employed person, and had been subject to the legislation of two or more States, the provisions of Chapter 5 of Title III of this Convention shall apply in order to determine entitlement under United Kingdom legislation. In that case, references in Articles 49 to 57 of this Convention to “periods of insurance” shall be construed as references to periods of insurance completed by: i a spouse or former spouse where a claim is made by: a married woman, or a person whose marriage has terminated otherwise than by the death of the spouse; or ii a former spouse, where a claim is made by: a widower who immediately before pensionable age is not entitled to a widowed parent’s allowance, or a widow who immediately before pensionable age is not entitled to a widowed mother’s allowance, widowed parent’s allowance or widow’s pension, or who is only entitled to an age-related widow’s pension calculated pursuant to Article 51(1)(b) of this Convention, and for this purpose ‘age related widow’s pension’ means a widow’s pension payable at a reduced rate in accordance with section 39(4) of the Social Security Contributions and Benefits Act 1992. 2 For the purposes of Article 11 of this Convention in the case of old-age or survivors’ cash benefits, pensions for accidents at work or occupational diseases and death grants, any beneficiary under United Kingdom legislation who is staying in the territory of another State shall, during that stay, be considered as if they resided in the territory of that other State. 3 a For the purpose of calculating an earnings factor in order to determine entitlement to benefits under United Kingdom legislation, for each week of activity as an employed person under the legislation of another State, and which commenced during the relevant income tax year within the meaning of United Kingdom legislation, the person concerned shall be deemed to have paid contributions as an employed earner, or have earnings on which contributions have been paid, on the basis of earnings equivalent to two-thirds of that year’s upper earnings limit. b For the purposes of Article 51(1)(b) of this Convention, where: i in any income tax year starting on or after 6 April 1975, a person carrying out activity as an employed person has completed periods of insurance, employment or residence exclusively in another State, and the application of paragraph (3)(a) results in that year being counted as a qualifying year within the meaning of United Kingdom legislation for the purposes of Article 51(1)(b)(i) of this Convention, they shall be deemed to have been insured for 52 weeks in that year in that other State; ii any income tax year starting on or after 6 April 1975 does not count as a qualifying year within the meaning of United Kingdom legislation for the purposes of Article 51(1)(b)(i) of this Convention, any periods of insurance, employment or residence completed in that year shall be disregarded. c For the purpose of converting an earnings factor into periods of insurance, the earnings factor achieved in the relevant income tax year within the meaning of United Kingdom legislation shall be divided by that year’s lower earnings limit. The result shall be expressed as a whole number, any remaining fraction being ignored. The figure so calculated shall be treated as representing the number of weeks of insurance completed under United Kingdom legislation during that year, provided that such figure shall not exceed the number of weeks during which in that year the person was subject to that legislation. d Where receipt of Widowed Parent’s Allowance or Bereavement Support Payment (higher rate) is contingent on entitlement to UK Child Benefit, a person meeting all other eligibility criteria, and who would be eligible to receive UK Child Benefit if they, or the relevant child, were resident in the UK, will not be prevented from claiming Widowed Parent’s Allowance or Bereavement Support Payment (higher rate) in accordance with this Convention, notwithstanding the fact that UK Child Benefit is excluded from the material scope of this Convention under Article 6(5)(g).

Signed

Signed by the authority of the Secretary of State for Work and Pensions

Guy Opperman — Minister of State — Department for Work and Pensions — 17th October 2023

Jonathan Athow — Jim Harra — Two of the Commissioners for His Majesty’s Revenue and Customs — 19th October 2023

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order makes provision for the modification of certain social security legislation, so as to give effect to the Convention on Social Security Coordination between Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland, signed at London on 30th June 2023 (“the Convention”).

It also varies the Social Security (Iceland) Order (Northern Ireland) 1985 (S.R. 1985 No. 205) and the Social Security (Norway) Order (Northern Ireland) 1991 (S.R. 1991 No. 139) in accordance with Article 78 (Relationship with pre-existing Social Security Coordination Agreements) of the Convention, so far as they relate to Northern Ireland.

This Order has effect from the date on which the Convention enters into force in accordance with Article 74 (Entry into force) of the Convention. Article 74 provides that the States shall notify the Depositary in writing of completion of their respective internal requirements and procedures for entry into force of the Convention. The Convention shall enter into force in relation to those States which have notified the Depositary, on the first day of the month following the later of the dates on which the Depositary receives the notifications of at least one EEA EFTA State and the United Kingdom. Where an EEA EFTA State notifies the Depositary after this date, the Convention shall enter into force on the first day of the month following the date on which the Depositary receives that State’s notification.

This 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.

Footnotes

[^f00001]: 1992 c. 8. Section 155 was amended by S.I. 2020/1508; there are other amendments that are not relevant to this Order. In relation to Child Benefit and Guardian’s Allowance in Northern Ireland, the power under section 155 was transferred to the Board by section 50(1) and (2)(d) of the Tax Credits Act 2002 (c. 21). The Board is defined in section 67 of that Act as the Commissioners of Inland Revenue. The functions of the Commissioners of Inland Revenue were transferred to the Commissioners for His Majesty’s Revenue and Customs by section 5(2) of the Commissioners for Revenue and Customs Act 2005 (c. 11). Section 50(1) of that Act provides that, insofar as is appropriate in consequence of section 5, a reference to the Commissioners of Inland Revenue in an enactment, however expressed, shall be taken as a reference to the Commissioners for His Majesty’s Revenue and Customs.

[^f00002]: The date on which the Convention enters into force will be published on the relevant page on UK Treaties Online which can be found at: https://www.gov.uk/guidance/uk-treaties.

[^f00003]: 2023 CP 889.

[^f00004]: No modifications are made in respect of payments out of the social fund, Christmas bonus, statutory sick pay or statutory maternity pay because section 155(4)(b)(i) to (iv) of the Social Security Administration (Northern Ireland) Act 1992 excludes these benefits from the scope of the power to modify.

[^f00005]: 1992 c. 7.

[^f00006]: S.I. 1995/2705 (N.I. 15).

[^f00007]: S.I. 1998/1506 (N.I. 10).

[^f00008]: 2002 c. 14 (N.I.).

[^f00009]: 2007 c. 2 (N.I.).

[^f00010]: S.I. 2015/2006 (N.I. 1).

[^f00011]: 2015 c. 5 (N.I.).

[^f00012]: 2018 c. 16. Section 3 was amended by section 25(2) of the European Union (Withdrawal Agreement) Act 2020 (c. 1). Regulations (EC) No 883/2004 and 987/2009 as they form part of domestic law under section 3 of the European Union (Withdrawal) Act 2018 were revoked (with savings) by S.I. 2020/1508 with effect from IP completion day.

[^f00013]: Subsection (5) of section 155 has been amended by paragraph 48(4) of Schedule 2 to S.I. 1995/2705 (N.I. 15); paragraph 19(c) of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002; paragraph 1 of Schedule 6 to the Tax Credits Act 2002 (c. 21); paragraph 4(25)(c) of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007; paragraph 23(5) of Schedule 2 to S.I. 2015/2006 (N.I. 1); paragraph 21(4)(a) and (b) of Schedule 12, and paragraph 31(4)(a) and (b) of Schedule 16 to the Pensions Act (Northern Ireland) 2015; and by regulation 3 of S.R. 2011/357.

[^f00014]: S.R. 1985 No. 205; relevant amending instruments are S.R. 1988 No. 120, S.R. 1992 No. 562, S.R. 1995 No. 110, S.R. 1996 No. 327, S.R. 2001 No. 86, S.R. 2005 No. 544 and S.R. 2016 No. 188.

[^f00015]: S.R. 1991 No. 139; relevant amending instruments are S.R. 1995 No. 110, S.R. 1996 No. 327, S.R. 2001 No. 86, S.R. 2005 No. 544, S.R. 2016 No. 188, S.R. 2017 No. 73 and S.R. 2020 No. 357.

Editorial notes

[^key-206379e0194e202ed74090e062895c3c]: Art. 1 in operation at 19.10.2023, see art. 1(1)

[^key-c568f291a4ffe51f8010e05b2711504e]: Art. 2 in operation at 19.10.2023, see art. 1(1)

[^key-38ad9059cfb6ee55e57d85305f90e172]: Art. 3 in operation at 19.10.2023, see art. 1(1)

[^key-108677bb237a0a221c1edc212f80c059]: Sch. in operation at 19.10.2023, see art. 1(1)

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