The Social Security (Reciprocal Agreements) Order 2012

Made15th February 2012

Coming into force22nd February 2012

At the Court at Buckingham Palace, the 15th day of February 2012

Present,

The Queen’s Most Excellent Majesty in Council

The Orders in Council specified in Schedule 2 modified or adapted certain enactments so as to give effect to the agreements set out in the Schedules to those Orders:

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

Section 179(1)(b), (2) and (5) of the Social Security Administration Act 19921 provides 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, the Social Security Contributions and Benefits Act 19922, Part 1 of the Welfare Reform Act 20073 and regulations made under that Part, in their application to cases affected by the proposed alterations:

Accordingly, Her Majesty is pleased, by and with the advice of Her Privy Council, in exercise of the powers conferred by section 179(1)(b), (2) and (5) of the Social Security Administration Act 1992, to make the following Order in Council:

Citation and Commencement1

This Order may be cited as the Social Security (Reciprocal Agreements) Order 2012 and shall come into force on 22nd February 2012.

Modification of Legislation2

The Social Security Administration Act 1992, the Social Security Contributions and Benefits Act 1992, and Part I of the Welfare Reform Act 2007 and regulations made under that Part, are to be modified to such extent as may be required to give effect to the alterations set out in Schedule 1 which are proposed to the agreements set out in the Orders in Council specified in Schedule 2.

Richard TilbrookClerk of the Privy Council

SCHEDULE 1PROPOSED ALTERATIONS TO EXISTING AGREEMENTS

Article 2

Where in the agreements set out in the Schedule to an Order in Council specified in Schedule 2 to this Order there are references to invalidity benefit or invalidity pension under the legislation of the United Kingdom, such references shall be altered to include a reference to employment and support allowance which is a contributory allowance awarded by virtue of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 20104.

SCHEDULE 2ORDERS IN COUNCIL MODIFIED BY THIS ORDER

Article 2

Title of Order in Council	Reference	Previously modified by
The Family Allowances, National Insurance and Industrial Injuries (Yugoslavia) Order 1958	S.I. 1958/1263	The Social Security (Reciprocal Agreements) Order 19765, the Social Security (Reciprocal Agreements) Order 19796, the Social Security (Reciprocal Agreements) Order 19887, the Social Security (Reciprocal Agreements) Order 19958, the Social Security (Reciprocal Agreements) Order 19969, the Social Security (Reciprocal Agreements) Order 200110 and the Social Security (Reciprocal Agreements) Order 200511.
The National Insurance and Industrial Injuries (Turkey) Order 1961	S.I. 1961/584	Ditto
The Social Security (United States of America) Order 1984	S.I. 1984/1817	The Social Security (United States of America) Order 199712, the Social Security (Reciprocal Agreements) Order 2001 and the Social Security (Reciprocal Agreements) Order 2005.
The Social Security (Barbados) Order	S.I. 1992/812	The Social Security (Reciprocal Agreements) Order 1995, the Social Security (Reciprocal Agreements) Order 2001 and the Social Security (Reciprocal Agreements) Order 2005.
The Social Security (Jersey and Guernsey) Order 1994	S.I. 1994/2802	The Social Security (Reciprocal Agreements) Order 1995, the Social Security (Reciprocal Agreements) Order 1996, the Social Security (Reciprocal Agreements) Order 2001 and the Social Security (Reciprocal Agreements) Order 2005.
The Social Security (Jamaica) Order 1997	S.I. 1997/871	The Social Security (Reciprocal Agreements) Order 2001 and the Social Security (Reciprocal Agreements) Order 2005.

EXPLANATORY NOTE

(This note is not part of the Order)

Part 1 of the Welfare Reform Act 2007 includes provision for the transition from incapacity benefit to employment and support allowance. This Order provides for social security legislation to be modified to take account of changes made by that Act and regulations made under it, to give effect to the alterations in Schedule 1, in relation to the Orders in Council listed in Schedule 2, with respect to that transition. Those Orders in Council give effect to agreements made between the Government of the United Kingdom and the governments of other countries providing for reciprocity in certain social security matters.

A full impact assessment has not been published for this instrument as it has no impact on the private sector or civil society organisations.