The Social Security (Reciprocal Agreements) Order 1995

Link to law: http://www.legislation.gov.uk/uksi/1995/767/made/data.htm?wrap=true
Published: 1995-03-15

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 1992(1) 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 1992(2) 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:

Citation and commencement

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 Acts

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 1PROPOSED 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.

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:—

(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 2ORDERS IN COUNCIL MODIFIED BY THIS ORDER

Title of Order in Council
Reference
Previously modified by

The National Insurance and Industrial Injuries (Reciprocal Agreement with Italy) Order 1953

S.I. 1953/884

The Social Security (Reciprocal Agreements) Order 1976(3), the Social Security (Reciprocal Agreements) Order 1979(4) and the Social Security (Reciprocal Agreements) Order 1988(5)

The National Insurance and Industrial Injuries (Luxembourg) Order 1955
S.I. 1955/420

ditto

The National Insurance and Industrial Injuries (Netherlands) Order 1955
S.I. 1955/874

ditto

The National Insurance and Industrial Injuries (Malta) Order 1956
S.I. 1956/1897

ditto

The National Insurance and Industrial Injuries (Israel) Order 1957
S.I. 1957/1879

ditto

The National Insurance and Industrial Injuries (France) Order 1958
S.I. 1958/597

ditto

The Family Allowances, National Insurance and Industrial Injuries (Belgium) Order 1958
S.I. 1958/771

ditto

The National Insurance and Industrial Injuries (Malta) Order 1958
S.I. 1958/772

ditto

The Family Allowances, National Insurance and Industrial Injuries (Yugoslavia) Order 1958
S.I. 1958/1263

ditto

The Family Allowances, National Insurance and Industrial Injuries (Denmark) Order 1960
S.I. 1960/211

ditto

The National Insurance and Industrial Injuries (Republic of Ireland) Order 1960
S.I. 1960/707

ditto

The National Insurance and Industrial Injuries (Turkey) Order 1961
S.I. 1961/584

ditto

The Family Allowances, National Insurance and Industrial Injuries (Germany) Order 1961
S.I. 1961/1202

ditto

The Family Allowances, National Insurance and Industrial Injuries (Switzerland) Order 1969
S.I. 1969/384

ditto

The National Insurance (Republic of Ireland) Order 1971
S.I. 1971/1742

ditto

The National Insurance and Industrial Injuries (Jamaica) Order 1972
S.I. 1972/1587

ditto

The Family Allowances, National Insurance and Industrial Injuries (Spain) Order 1975
S.I. 1975/415

ditto

The National Insurance (Republic of Ireland) Order 1966
S.I. 1966/270

The Social Security (Reciprocal Agreements) Order 1976 and the Social Security (Reciprocal Agreements) Order 1988

The National Insurance and Industrial Injuries (Republic of Ireland) Order 1968
S.I. 1968/1655

ditto

The Social Security (Portugal) Order 1979
S.I. 1979/921

The Social Security (Reciprocal Agreements) Order 1982(6) and the Social Security (Reciprocal Agreements) Order 1988

The Social Security (Austria) Order 1981
S.I. 1981/605

The Social Security (Reciprocal Agreements) Order 1988

The Social Security (New Zealand) Order 1983
S.I. 1983/1894

ditto

The Social Security (Finland) Order 1984
S.I. 1984/125

ditto

The Social Security (Israel) Order 1984
S.I. 1984/354

ditto

The Social Security (United States of America) Order 1984
S.I. 1984/1817

ditto

The Social Security (Iceland) Order 1985
S.I. 1985/1202

ditto

The Social Security (Austria) Order 1987
S.I. 1987/1830

ditto

The Social Security (Portugal) Order 1987
S.I. 1987/1831

ditto

The Social Security (Sweden) Order 1988
S.I. 1988/590

ditto

The Social Security (Cyprus) Order 1983
S.I. 1983/1698

The Social Security (Philippines) Order 1989
S.I. 1989/2002

The Social Security (Norway) Order 1991
S.I. 1991/767

The Social Security (Barbados) Order 1992
S.I. 1992/812

The Social Security (Australia) Order 1992
S.I. 1992/1312

The Social Security (Cyprus) Order 1994
S.I. 1994/1646

The Social Security (Jersey and Guernsey) Order 1994
S.I. 1994/2802

Article 2

SCHEDULE 3ORDERS IN COUNCIL MODIFIED BY THIS ORDER

Title of Order in Council
Reference
Previously modified by

The National Insurance and Industrial Injuries (Reciprocal Agreement with Italy) Order 1953
S.I. 1953/884

The Social Security (Reciprocal Agreements) Order 1976(7), the Social Security (Reciprocal Agreements) Order 1979(8) and the Social Security (Reciprocal Agreements) Order 1988(9)

The National Insurance and Industrial Injuries (Luxembourg) Order 1955
S.I. 1955/420

ditto

The National Insurance and Industrial Injuries (Netherlands) Order 1955
S.I. 1955/874

ditto

The National Insurance and Industrial Injuries (France) Order 1958
S.I. 1958/597

ditto

The Family Allowances, National Insurance and Industrial Injuries (Belgium) Order 1958
S.I. 1958/771

ditto

The Family Allowances, National Insurance and Industrial Injuries (Yugoslavia) Order 1958
S.I. 1958/1263

ditto

The National Insurance and Industrial Injuries (Turkey) Order 1961
S.I. 1961/584

ditto

The Family Allowances, National Insurance and Industrial Injuries (Switzerland) Order 1969
S.I. 1969/384

ditto

The Social Security (Portugal) Order 1979
S.I. 1979/921

The Social Security (Reciprocal Agreements) Order 1982(10) and the Social Security (Reciprocal Agreements) Order 1988

The Social Security (Finland) Order 1984
S.I. 1984/125

The Social Security (Reciprocal Agreements) Order 1988

The Social Security (United States of America) Order 1984
S.I. 1984/1817

ditto

The Social Security (Barbados) Order 1992
S.I. 1992/812

The Social Security (Jersey and Guernsey) Order 1994
S.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).


(1)
1992 c. 5.

(2)
1992 c. 4.

(3)
S.I. 1976/225.

(4)
S.I. 1979/290.

(5)
S.I. 1988/591.

(6)
S.I. 1982/1528.

(7)
S.I. 1976/225.

(8)
S.I. 1979/290.

(9)
S.I. 1988/591.

(10)
S.I. 1982/152.
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