
2021 No. 207
Social Security
The Social Security (Reciprocal Agreements) (Miscellaneous Amendments) Regulations (Northern Ireland) 2021
Made 8th July 2021
Coming into operation in accordance with regulation 1
The Department for Communities makes the following Regulations in exercise of the powers conferred by paragraph 1(1) of Schedule 2 and paragraph 21 of Schedule 7 to the European Union (Withdrawal) Act 2018.
Citation, commencement and interpretation
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(1) These Regulations may be cited as the Social Security (Reciprocal Agreements) (Miscellaneous Amendments) Regulations (Northern Ireland) 2021.
(2) Regulation 2 comes into operation on 20th September 2021.
(3) Regulation 3 and this regulation come into operation on 31st July 2021.
(4) Regulation 4 comes into operation on 31st December 2021.
(5) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly.
Amendment of the Social Fund Winter Fuel Payment Regulations
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Amendment of the Social Security (Application of Reciprocal Agreements with Australia, Canada and New Zealand) (EEA States and Switzerland) Regulations
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(1) The Social Security (Application of Reciprocal Agreements with Australia, Canada and New Zealand) (EEA States and Switzerland) Regulations (Northern Ireland) 2015 are amended in accordance with paragraphs (2) and (3).
(2) In regulation 1(2) (citation, commencement and interpretation), for the definition of “relevant EU Regulation” substitute—“
 “Trade and Cooperation Agreement” has the same meaning as in section 37(1) of the European Union (Future Relationship) Act 2020;
 “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.”.
(3) In regulation 2 (modifications of the Australia Order, Canada Order and New Zealand Order)—
(a) in paragraph (a), before “an EEA” insert “a United Kingdom or”;
(b) for paragraph (d), substitute—“
(d) that person is covered by—
(i) Title III of Part Two of the withdrawal agreement as set out in Articles 30 and 32 of that agreement;
(ii) Title III of Part Two of the EEA EFTA separation agreement as set out in Articles 29 and 31 of that agreement;
(iii) Part Three of the Swiss citizens’ rights agreement as set out in Articles 25 and 26a of that agreement; or
(iv) the Protocol on Social Security Coordination in the Trade and Cooperation Agreement as set out in Article SSC.2 of Title 1 of that agreement.”.
Revocation of the Social Security (Application of Reciprocal Agreements with Australia, Canada and New Zealand) (EEA States and Switzerland) Regulations
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(1) Subject to paragraph (2), the Social Security (Application of Reciprocal Agreements with Australia, Canada and New Zealand) (EEA States and Switzerland) Regulations (Northern Ireland) 2015 are revoked.
(2) Notwithstanding paragraph (1), the Social Security (Application of Reciprocal Agreements with Australia, Canada and New Zealand) (EEA States and Switzerland) Regulations (Northern Ireland) 2015 continue to apply to nationals of the United Kingdom, an EEA state or Switzerland if they—
(a) are habitually resident in an EEA state or Switzerland on 31st December 2021; and
(b) remain habitually resident in that same state after 31st December 2021.
Sealed with the Official Seal of the Department for Communities on 8th July 2021
(L.S.)Anne McCleary
A senior officer of the Department for Communities
