The Social Security (Application of Reciprocal Agreements with Australia, Canada and New Zealand) (EEA States and Switzerland) Regulations 2015

The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to social security .

Accordingly the Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972.

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Social Security (Application of Reciprocal Agreements with Australia, Canada and New Zealand) (EEA States and Switzerland) Regulations 2015.

• (2) They come into force on 1st April 2015.

• (3) For the purposes of these Regulations—

• (a) “withdrawal agreement”, “EEA EFTA separation agreement” and “Swiss citizens’ rights agreement” have the same meanings as in section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

• (aa) “Trade and Cooperation Agreement” has the same meaning as in section 37(1) of the European Union (Future Relationship) Act 2020;

• (b) “EEA national” means a national of an EEA state or Switzerland.

Modifications of the Australia Order, Canada Order and New Zealand Order

2

Regulation 3 applies where-

• (a) a person is a UK or an EEA National;

• (b) that person is habitually resident in an EEA state or Switzerland;

• (c) that person can demonstrate a genuine and sufficient link to the United Kingdom social security system; and

• (d) that person is covered by—

• (i) Title III of Part 2 of the withdrawal agreement as set out at Article 30 and 32 of that agreement;

• (ii) Title III of Part 2 of the EEA EFTA separation agreement as set out at Article 29 and 31 of that agreement;

• (iii) Part Three of the Swiss citizens’ rights agreement as set out at Article 25 and 26a of that agreement;

• (iv) the Protocol on Social Security Coordination in the Trade and Cooperation Agreement as set out at Article SSC.2 of Title 1 of that agreement.

3

• (1) The legislation mentioned in Article 2 to the Social Security (Australia Order) 1992 is modified in relation to that person to give effect to Schedule 1 of the Australia Order as if it read as follows—

• (a) in article 3(1), “that part of the territory” were substituted by “the territory comprising the EEA states and Switzerland” the first time it occurs, and by “the relevant part of the territory of the United Kingdom” the second time it occurs;

• (b) in article 3(5), “the United Kingdom” were substituted by “the area comprising the EEA States and Switzerland”;

• (c) in article 5(1), “in that part of the territory” were substituted by “ in the territory comprising the EEA states and Switzerland ” and “of that part of the territory” were substituted by “of the relevant part of the territory of the United Kingdom”; and

• (d) in article 5(4), “the United Kingdom” were substituted by “the area comprising the EEA states and Switzerland”.

• (2) The legislation mentioned in Article 2 of the Social Security (Canada) Order 1995 is modified in relation to that person to give effect to the Schedule to the letter reproduced in Schedule 1 to that Order as if it read as follows—

• (a) in paragraph (9)(a), “resident in the United Kingdom” were substituted in both places it appears by “ resident in the territory comprising the EEA states and Switzerland ”;

• (b) in paragraph (11), “the United Kingdom” were substituted by “the territory comprising the EEA states and Switzerland”.

• (3) The legislation mentioned in Article 2 of the Social Security (New Zealand) Order 1983 is modified in relation to that person to give effect to the convention set out in the Schedule to the Order as if it read as follows —

• (a) In article 8(1), “resident in the United Kingdom” and “resident there” were substituted by “resident in the territory comprising the EEA states and Switzerland”;

• (b) in article 9(1), “the United Kingdom” were substituted by “the territory comprising the EEA states and Switzerland”;

• (c) in article 9(2), “or resident in, the United Kingdom” were substituted by “ or resident in, the territory comprising the EEA States and Switzerland ”;

• (d) in article 9(3), “or resident in, the United Kingdom” were substituted by “ or resident in, the territory comprising the EEA states and Switzerland ”;

• (e) in article 9(6) for “leaves the United Kingdom” to the end there were substituted “ leaves the area comprised of the EEA states and Switzerland, unless that person is usually resident in that area and his or her absence is only temporary. ”;

• (f) in article 11(1), “the United Kingdom” were substituted by “the territory comprising the EEA states and Switzerland”;

• (g) in article 11(2), “or resident in, the United Kingdom” were substituted by “ or resident in, the territory comprising the EEA states or Switzerland ” and “her arrival in the United Kingdom” were substituted by “ her arrival in the territory comprising the EEA states and Switzerland ”;

• (h) in article 11(3), “or resident in, the United Kingdom” were substituted by “ or resident in, the territory comprising the EEA states or Switzerland ”; and

• (i) in article 11(4) for “leaves the United Kingdom” to the end there were substituted “ leaves the area comprised of the EEA states and Switzerland, unless that person is usually resident in that area and that person's absence is only temporary. ”.

Signed

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

Esther McVey — Minister of State — 2015-02-23

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1972 c. 68.

[^f00002]: See S.I. 2010/2473.

[^f00003]: OJ L 149, 5.7.71, p2 (OJ/SE) 1st series 1971 vol II p416.

[^f00004]: OJ No L 166, 30.4.04, pl.

[^f00005]: As defined by Schedule 1 to Section 5 of the Interpretation Act 1978 c. 30.

[^f00006]: S.I. 1992/1312. The Australia Order was revoked with effect from 1st March 2001 by the Social Security (Australia) Order 2000 (S.I. 2000/3255) subject to the savings provisions referred to in Article 2(2) of the latter order and treated as continuing in force to the extent provided for by section 299 of the Pensions Act 2004.

[^f00007]: S.I. 1995/2699.

[^f00008]: S.I. 1983/1894.

Editorial notes

[^c22376551]: 1972 c. 68.

[^c22376561]: See S.I. 2010/2473.

[^c22376591]: As defined by Schedule 1 to Section 5 of the Interpretation Act 1978 c. 30.

[^c22376601]: S.I. 1992/1312. The Australia Order was revoked with effect from 1st March 2001 by the Social Security (Australia) Order 2000 (S.I. 2000/3255) subject to the savings provisions referred to in Article 2(2) of the latter order and treated as continuing in force to the extent provided for by section 299 of the Pensions Act 2004.

[^c22376611]: S.I. 1995/2699.

[^c22376621]: S.I. 1983/1894.

[^key-30139b7e10026ee7ad9ed9e72c2a193f]: Reg. 1(3)(a)(aa) substituted for reg. 1(3)(a) (31.7.2021) by The Social Security (Reciprocal Agreements) (Miscellaneous Amendments) (EU Exit) Regulations 2021 (S.I. 2021/811), regs. 1(2), 3(2)

[^key-3541ecdd99a970304742becb9ceecc91]: Reg. 2(d) substituted (31.7.2021) by The Social Security (Reciprocal Agreements) (Miscellaneous Amendments) (EU Exit) Regulations 2021 (S.I. 2021/811), regs. 1(2), 3(4)

[^key-85fd25c553d7ec3235223053172a4246]: Words in reg. 2(a) inserted (31.7.2021) by The Social Security (Reciprocal Agreements) (Miscellaneous Amendments) (EU Exit) Regulations 2021 (S.I. 2021/811), regs. 1(2), 3(3)