Statutory Instruments

1995 No. 767

SOCIAL SECURITY

The Social Security (Reciprocal Agreements) Order 1995

Made

15th March 1995

Coming into force

13th April 1995

At the Court at Buckingham Palace, the 15th day of March 1995

Present,

The Queen’s Most Excellent Majesty in Council

Whereas the Orders in Council specified in Schedules 2 and 3 to this Order modified certain enactments so as to give effect to the agreements set out in the Schedules to those Orders:

And Whereas Her Majesty’s Government in consequence of changes in the law of Great Britain have proposed to each of the parties with whom the United Kingdom has made such an agreement alterations to the agreement:

And Whereas by virtue of section 179(1)(b) and (2) of the Social Security Administration Act 1992M1 it is provided that for the purpose of giving effect to any such agreement as it would be if it were so altered in accordance with such proposals, Her Majesty may by Order in Council make provision for modifying or adapting the Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992M2 in their application to cases affected by the proposed alterations:

Now, therefore, Her Majesty, in pursuance of the said section 179(1)(b) and (2) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Marginal Citations

Citation and commencementE+W+S

1.  This Order may be cited as the Social Security (Reciprocal Agreements) Order 1995 and shall come into force on 13th April 1995.

Modification of ActsE+W+S

2.  The Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992 shall be modified to such extent as may be required to give effect to the alterations set out in Schedule 1 to this Order which are proposed to the agreements set out in the Orders in Council specified in Schedules 2 and 3 to this Order.

N. H. Nicholls

Clerk of the Privy Council

Article 2

SCHEDULE 1E+W+S PROPOSED ALTERATIONS TO EXISTING AGREEMENTS

1.  Subject to paragraph 2, where in the agreement set out in the Schedule to an Order in Council specified in Schedule 2 to this Order there are references to sickness benefit, invalidity benefit or invalidity pension under the legislation of the United Kingdom or any specified part thereof, such references shall be altered to include a reference to short-term incapacity benefit or long-term incapacity benefit, as the case may be, under the legislation of the United Kingdom or any specified part thereof.E+W+S

2.  Where in the agreement set out in the Schedule to an Order in Council specified in Schedule 3 to this Order there are provisions relating to the calculation or payment of sickness benefit, invalidity benefit or invalidity pension under the legislation of the United Kingdom or any specified part thereof, the following alterations shall be made:—E+W+S

(a)For the purposes of the calculation or payment of invalidity benefit or invalidity pension after a specified period of sickness benefit or incapacity for work the provision shall be altered so as to apply also to long-term incapacity benefit payable under the legislation of the United Kingdom or any specified part thereof after a period of 364 days of incapacity for work; and

(b)For the purposes of the calculation or payment of sickness benefit the provision shall be altered so as to apply also to short-term incapacity benefit payable under the legislation of the United Kingdom or any specified part thereof for the period of up to and including the first 364 days of incapacity for work.

Article 2

SCHEDULE 2E+W+S ORDERS IN COUNCIL MODIFIED BY THIS ORDER

Title of Order in CouncilReferencePreviously modified by
The National Insurance and Industrial Injuries (Reciprocal Agreement with Italy) Order 1953S.I. 1953/884The Social Security (Reciprocal Agreements) Order 1976 M3, the Social Security (Reciprocal Agreements) Order 1979 M4 and the Social Security (Reciprocal Agreements) Order 1988 M5
The National Insurance and Industrial Injuries (Luxembourg) Order 1955S.I. 1955/420ditto
F1. . .F1. . .F1. . .
F2. . .F2. . .F2. . .
The National Insurance and Industrial Injuries (Israel) Order 1957S.I. 1957/1879ditto
The National Insurance and Industrial Injuries (France) Order 1958S.I. 1958/597ditto
The Family Allowances, National Insurance and Industrial Injuries (Belgium) Order 1958S.I. 1958/771ditto
F3. . .F3. . .F3. . .
The Family Allowances, National Insurance and Industrial Injuries (Yugoslavia) Order 1958S.I. 1958/1263ditto
The Family Allowances, National Insurance and Industrial Injuries (Denmark) Order 1960S.I. 1960/211ditto
F4. . .F4. . .F4. . .
The National Insurance and Industrial Injuries (Turkey) Order 1961S.I. 1961/584ditto
The Family Allowances, National Insurance and Industrial Injuries (Germany) Order 1961S.I. 1961/1202ditto
The Family Allowances, National Insurance and Industrial Injuries (Switzerland) Order 1969S.I. 1969/384ditto
F4. . .F4. . .F4. . .
F5. . .F5. . .F5. . .
The Family Allowances, National Insurance and Industrial Injuries (Spain) Order 1975S.I. 1975/415ditto
F4. . .F4. . .F4. . .
F4. . .F4. . .F4. . .
The Social Security (Portugal) Order 1979S.I. 1979/921The Social Security (Reciprocal Agreements) Order 1982 M6 and the Social Security (Reciprocal Agreements) Order 1988
The Social Security (Austria) Order 1981S.I. 1981/605The Social Security (Reciprocal Agreements) Order 1988
The Social Security (New Zealand) Order 1983S.I. 1983/1894ditto
The Social Security (Finland) Order 1984S.I. 1984/125ditto
The Social Security (Israel) Order 1984S.I. 1984/354ditto
F6. . .F6. . .F6. . .
The Social Security (Iceland) Order 1985S.I. 1985/1202ditto
The Social Security (Austria) Order 1987S.I. 1987/1830ditto
The Social Security (Portugal) Order 1987S.I. 1987/1831ditto
The Social Security (Sweden) Order 1988S.I. 1988/590ditto
The Social Security (Cyprus) Order 1983S.I. 1983/1698
The Social Security (Philippines) Order 1989S.I. 1989/2002
The Social Security (Norway) Order 1991S.I. 1991/767
The Social Security (Barbados) Order 1992S.I. 1992/812
F7. . .F7. . .
The Social Security (Cyprus) Order 1994S.I. 1994/1646
The Social Security (Jersey and Guernsey) Order 1994S.I. 1994/2802

Article 2

SCHEDULE 3E+W+S ORDERS IN COUNCIL MODIFIED BY THIS ORDER

Title of Order in CouncilReferencePreviously modified by
The National Insurance and Industrial Injuries (Reciprocal Agreement with Italy) Order 1953S.I. 1953/884The Social Security (Reciprocal Agreements) Order 1976 M7, the Social Security (Reciprocal Agreements) Order 1979 M8 and the Social Security (Reciprocal Agreements) Order 1988 M9
The National Insurance and Industrial Injuries (Luxembourg) Order 1955S.I. 1955/420ditto
F1. . .F1. . .F1. . .
The National Insurance and Industrial Injuries (France) Order 1958S.I. 1958/597ditto
The Family Allowances, National Insurance and Industrial Injuries (Belgium) Order 1958S.I. 1958/771ditto
The Family Allowances, National Insurance and Industrial Injuries (Yugoslavia) Order 1958S.I. 1958/1263ditto
The National Insurance and Industrial Injuries (Turkey) Order 1961S.I. 1961/584ditto
The Family Allowances, National Insurance and Industrial Injuries (Switzerland) Order 1969S.I. 1969/384ditto
The Social Security (Portugal) Order 1979S.I. 1979/921The Social Security (Reciprocal Agreements) Order 1982 M10 and the Social Security (Reciprocal Agreements) Order 1988
The Social Security (Finland) Order 1984S.I. 1984/125The Social Security (Reciprocal Agreements) Order 1988
F8. . .F8. . .F8. . .
The Social Security (Barbados) Order 1992S.I. 1992/812
The Social Security (Jersey and Guernsey) Order 1994S.I. 1994/2802

Explanatory Note

(This note is not part of the Order)

This Order provides for social security legislation to be modified, to take account of changes made by the Social Security (Incapacity for Work) Act 1994 (c.18) replacing sickness benefit and invalidity benefit by incapacity benefit, in relation to the Orders in Council listed in Schedules 2 and 3 (which give effect to agreements made between the Governments of the United Kingdom and other countries providing for reciprocity in certain social security matters).