
2019 No. 129
Exiting The European Union, Northern Ireland
Social Security, Northern Ireland
The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019
Made 29th January 2019
Coming into force in accordance with regulation 1(2)
The Secretary of State, in exercise of the powers conferred by sections 8(1) and 23(1) of the European Union (Withdrawal) Act 2018 , makes the following Regulations.In accordance with paragraph 1 of Schedule 7 to the European Union (Withdrawal) Act 2018 a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
Citation and commencement
1 

(1) These Regulations may be cited as the Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019.
(2) These Regulations come into force on exit day.
Amendment of the Social Security Contributions and Benefits (Northern Ireland) Act 1992
2 
In section 144 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992  (entitlement of pensioners to Christmas bonus), in subsection (1)(a), for  “any other” substitute “
            a
          ”.
Amendment of the Social Security Administration (Northern Ireland) Act 1992
3 

(1) The Social Security Administration (Northern Ireland) Act 1992  is amended in accordance with this regulation.
(2) In section 71 (overlapping benefits – general), in subsection (5), for  “member State other than the United Kingdom” substitute “
                member State
              ”.
(3) In section 72 (income support and other payments) in subsection (2)(a), for  “other member State” substitute “
                member State
              ”.
(4) In section 76 (child benefit – overlap with benefits under legislation of other member States)—
(a) in the heading, omit  “other”;
(b) for  “member State other than the United Kingdom” substitute “
                    member State
                  ”.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendments of secondary legislation
4 
The Schedule contains amendments of secondary legislation.
Signed by authority of the Secretary of State for Work and Pensions
Alok Sharma

Minister of State for Employment

Department for Work and Pensions

SCHEDULE
Amendments of secondary legislation

Regulation 4
The Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976
1 

(1) The Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976  are amended in accordance with this paragraph.
(2) In regulation 9B  (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU Regulation applies)—
(a) in the heading, omit  “other than the United Kingdom”;
(b) in paragraph (a)(i), omit  “other than the United Kingdom”.
The Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978
2 

(1) The Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978  are amended in accordance with this paragraph.
(2) In regulation 12A  (modification of Parts 2 and 3 of the Act in relation to accidents happening or prescribed diseases contracted outside Northern Ireland)—
(a) in paragraph (1), in the definition of  “prescribed area”, omit  “(other than the United Kingdom)”;
(b) in paragraph (2)—
(i) in sub-paragraph (a), for  “or a Member State (including the United Kingdom)” substitute “
                          , a Member State or the United Kingdom
                        ”;
(ii) in sub-paragraph (b), omit  “(other than the United Kingdom)”.
The Statutory Sick Pay (Mariners, Airmen and Persons Abroad) Regulations (Northern Ireland) 1982
3 

(1) The Statutory Sick Pay (Mariners, Airmen and Persons Abroad) Regulations (Northern Ireland) 1982  are amended in accordance with this paragraph.
(2) In regulation 4 (persons in other member States – meaning of  “employee”)—
(a) in the heading, omit  “other”;
(b) in paragraph (a), omit  “other than the United Kingdom”.
The Statutory Maternity Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 1987
4 

(1) The Statutory Maternity Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 1987  are amended in accordance with this paragraph.
(2) In regulation 2 (persons in other member States – meaning of  “employee”)—
(a) in the heading, omit  “other”;
(b) in paragraph (a), omit  “other than the United Kingdom”.
(3) In regulation 5 (women who worked in the European Community) in paragraph (1)(b), omit  “other than the United Kingdom”.
The Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988
5 

(1) The Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988  are amended in accordance with this paragraph.
(2) In regulation 8 (duplication and prescribed payments), in paragraph (1)(g), omit  “other than the United Kingdom”.
(3) The amendment made by sub-paragraph (2) also has effect in relation to regulation 8 as that regulation relates to child benefit and guardian's allowance by virtue of the transitional provision in regulation 44 of the Child Benefit and Guardian's Allowance (Administration) Regulations 2003 .
The Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992
6 

(1) The Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992  are amended in accordance with this paragraph.
(2) In regulation 2B  (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU Regulation applies)—
(a) in the heading, omit  “other than the United Kingdom”;
(b) in paragraph (a)(i), omit  “other than the United Kingdom”.
The Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992
7 

(1) The Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992  are amended in accordance with this paragraph.
(2) In regulation 2B  (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU Regulation applies)—
(a) in the heading, omit  “other than the United Kingdom”;
(b) in paragraph (a)(i), omit  “other than the United Kingdom”.
The Housing Benefit Regulations (Northern Ireland) 2006
8 

(1) The Housing Benefit Regulations (Northern Ireland) 2006  are amended in accordance with this paragraph.
(2) In regulation 7 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home), in paragraph (18), in the definition of  “prescribed area”, omit  “(other than the United Kingdom)”.
(3) In regulation 102 (recovery of overpayments from prescribed benefits), in paragraph (1)(c), omit  “other than the United Kingdom”.
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006
9 

(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006  are amended in accordance with this paragraph.
(2) In regulation 7 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home), in paragraph (18), in the definition of  “prescribed area”, omit  “(other than the United Kingdom)”.
(3) In regulation 83 (recovery of overpayments from prescribed benefits), in paragraph (1)(c), omit  “other than the United Kingdom”.
The Universal Credit Regulations (Northern Ireland) 2016
10 
In regulation 11 (temporary absence from Northern Ireland) of the Universal Credit Regulations (Northern Ireland) 2016 , in paragraph (5), in the definition of  “prescribed area”, omit  “(other than the United Kingdom)”.
The Personal Independence Payment Regulations (Northern Ireland) 2016
11 

(1) The Personal Independence Payment Regulations (Northern Ireland) 2016  are amended in accordance with this paragraph.
(2) In regulation 23 (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU Regulation applies)—
(a) in the heading, omit  “other than the United Kingdom”;
(b) in paragraph (a)(i), omit  “other than the United Kingdom”.
The Housing Benefit and State Pension Credit (Temporary Absence) (Amendment) Regulations (Northern Ireland) 2017
12 
In regulation 5 (transitional provision) of the Housing Benefit and State Pension Credit (Temporary Absence) (Amendment) Regulations (Northern Ireland) 2017 , in paragraph (4), in the definition of  “prescribed area”, omit  “(other than the United Kingdom)”.