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Statutory Instruments

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

Regulation 4

SCHEDULE Amendments of secondary legislation

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)”.

Status: There are currently no known outstanding effects for the The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019.
The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (2019/129)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
F1Reg. 3(5) omitted (16.12.2020) by virtue of The Social Security Co-ordination (Revocation of Retained Direct EU Legislation and Related Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1508) , reg. 1(2) , Sch. para. 4omitted
I1Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1 , Sch. 5 para. 1(1) ), see reg. 1(2)
I2Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1 , Sch. 5 para. 1(1) ), see reg. 1(2)
I3Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1 , Sch. 5 para. 1(1) ), see reg. 1(2)
I4Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1 , Sch. 5 para. 1(1) ), see reg. 1(2)
I5Sch. para. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1 , Sch. 5 para. 1(1) ), see reg. 1(2)
I6Sch. para. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1 , Sch. 5 para. 1(1) ), see reg. 1(2)
I7Sch. para. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1 , Sch. 5 para. 1(1) ), see reg. 1(2)
I8Sch. para. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1 , Sch. 5 para. 1(1) ), see reg. 1(2)
I9Sch. para. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1 , Sch. 5 para. 1(1) ), see reg. 1(2)
I10Sch. para. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1 , Sch. 5 para. 1(1) ), see reg. 1(2)
I11Sch. para. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1 , Sch. 5 para. 1(1) ), see reg. 1(2)
I12Sch. para. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1 , Sch. 5 para. 1(1) ), see reg. 1(2)
I13Sch. para. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1 , Sch. 5 para. 1(1) ), see reg. 1(2)
I14Sch. para. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1 , Sch. 5 para. 1(1) ), see reg. 1(2)
I15Sch. para. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1 , Sch. 5 para. 1(1) ), see reg. 1(2)
I16Sch. para. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1 , Sch. 5 para. 1(1) ), see reg. 1(2)
M12018 c. 16 .
M21992 c. 7 , to which there are amendments not relevant to these Regulations.
M31992 c. 8 ; section 71(5) was amended by section 254(1) of, and paragraph 111 of Schedule 24 to, the Civil Partnership Act 2004 (c. 33) and section 2(3) of, and paragraph 47 of Schedule 1 to, the Child Benefit Act 2005 (c. 6) ; section 72 was amended by section 14 of, and paragraph 11 of Schedule 2 to, the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)) and section 28(1) of, and paragraph 4(8) of Schedule 3 to, the Welfare Reform Act (Northern Ireland) 2007 (c. 2 (N.I.)) ; section 76 was amended by section 2(3) of, and paragraphs 27 and 48 of Schedule 1 to, the Child Benefit Act 2005; section 155(4)(ah) was inserted by section 30(5) of, and paragraph 31(3) of Schedule 16 to, the Pensions Act (Northern Ireland) 2015 (c. 5 (N.I.)) and there are other amendments that are not relevant to these Regulations.
M4S.R. 1976 No. 99 , amended by S.R. 2016 No. 229 ; there are other amendments but none is relevant.
M5Regulation 9B was inserted by regulation 2(3) of S.R. 2016 No. 229 .
M6S.R. 1978 No. 114 , amended by S.R. 1979 No. 131 ; there are other amendments but none is relevant.
M7Regulation 12A was inserted by regulation 2 of S.R. 1979 No. 131 .
M8S.R. 1982 No. 306 , to which there are amendments not relevant to these Regulations.
M9S.R. 1987 No. 171 , amended by S.R. 1996 No. 108 .
M10S.R. 1988 No. 142 , the Regulations are revoked in so far as they relate to child benefit or guardian's allowance by regulation 43 of, and Part 2 of Schedule 3 to, S.I. 2003/492 ; regulation 44 of those Regulations sets out transitional provisions; there are other amending instruments but none is relevant.
M11S.I. 2003/492 , to which there are amendments not relevant to these Regulations.
M12S.R. 1992 No. 20 , amended by S.R. 2016 No. 229 ; there are other amendments but none is relevant.
M13Regulation 2B was inserted by regulation 3(3) of S.R. 2016 No. 229 .
M14S.R. 1992 No. 32 , amended by S.R. 2016 No. 229 ; there are other amendments but none is relevant.
M15Regulation 2B was inserted by regulation 4(4) of S.R. 2016 No. 229 .
M16S.R. 2006 No. 405 , amended by S.R. 2008 No. 504 and S.R. 2017 No. 1 ; there are other amendments but none is relevant.
M17The definition of “prescribed area” was inserted by regulation 2(2)(h)(iii) of S.R. 2017 No. 1 .
M18S.R. 2006 No. 406 , amended by S.R. 2008 No. 504 and S.R. 2017 No. 1 ; there are other amendments but none is relevant.
M19The definition of “prescribed area” was inserted by regulation 3(2)(h)(iii) of S.R. 2017 No. 1 .
M20S.R. 2016 No. 216 , to which there are amendments not relevant to these Regulations.
M21S.R. 2016 No. 217 , to which there are amendments not relevant to these Regulations.
M22S.R. 2017 No. 1 .
Defined TermSection/ArticleIDScope of Application
Changes that affect Made by
Sort descending by Changed Legislation Sort descending by Year and Number Changed Provision Type of effect Sort descending by Affecting Legislation Title Sort descending by Year and Number Affecting Provision Sort descending by Changes made to website text Note
The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 2019 No. 129 reg. 1 coming into force The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 2019 No. 129 reg. 1(2) Yes
The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 2019 No. 129 reg. 2 coming into force The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 2019 No. 129 reg. 1(2) Yes
The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 2019 No. 129 reg. 3 coming into force The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 2019 No. 129 reg. 1(2) Yes
The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 2019 No. 129 reg. 4 coming into force The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 2019 No. 129 reg. 1(2) Yes
The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 2019 No. 129 Sch. para. 1 coming into force The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 2019 No. 129 reg. 1(2) Yes
The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 2019 No. 129 Sch. para. 2 coming into force The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 2019 No. 129 reg. 1(2) Yes
The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 2019 No. 129 Sch. para. 3 coming into force The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 2019 No. 129 reg. 1(2) Yes
The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 2019 No. 129 Sch. para. 4 coming into force The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 2019 No. 129 reg. 1(2) Yes
The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 2019 No. 129 Sch. para. 5 coming into force The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 2019 No. 129 reg. 1(2) Yes
The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 2019 No. 129 Sch. para. 6 coming into force The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 2019 No. 129 reg. 1(2) Yes
The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 2019 No. 129 Sch. para. 7 coming into force The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 2019 No. 129 reg. 1(2) Yes
The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 2019 No. 129 Sch. para. 8 coming into force The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 2019 No. 129 reg. 1(2) Yes
The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 2019 No. 129 Sch. para. 9 coming into force The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 2019 No. 129 reg. 1(2) Yes
The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 2019 No. 129 Sch. para. 10 coming into force The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 2019 No. 129 reg. 1(2) Yes
The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 2019 No. 129 Sch. para. 11 coming into force The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 2019 No. 129 reg. 1(2) Yes
The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 2019 No. 129 Sch. para. 12 coming into force The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 2019 No. 129 reg. 1(2) Yes

Status of changes to instrument text

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