The Social Security (Australia) Order (Northern Ireland) 1992

Contents

1 Citation and commencement
2 Modification of the Social Security (Northern Ireland) Act 1975
3 Modification of the Child Benefit (Northern Ireland) Order 1975
4 Revocation and variation of orders
Schedule 1 Agreement on social security between the government of the united kingdom of great britain and northern ireland and the government of australia
Schedule 2 First exchange of notes between the government of the united kingdom of great britain and northern ireland and the government of australia
Schedule 3 Second exchange of notes between the government of the united kingdom of great britain and northern ireland and the government of australia

Article 1Citation and commencement#

This order may be cited as the Social Security (Australia) Order (Northern Ireland) 1992 and shall come into operation on 29th June 1992.

Article 2Modification of the Social Security (Northern Ireland) Act 1975#

The Social Security (Northern Ireland) Act 1975 shall be modified to such extent as may be required to give effect to the provisions contained in the Agreement on Social Security set out in Schedule 1 to this order (which Agreement enters into force on the date specified in the Notes set out in Schedule 2 to this order), as amended by the Notes set out in Schedule 3 to this order, so far as the same relate to Northern Ireland.

Article 3Modification of the Child Benefit (Northern Ireland) Order 1975#

Part II of the Child Benefit (Northern Ireland) Order 1975 (child benefit) and any regulations made under it shall be modified to such extent as may be required to give effect to the provisions contained in the Agreement on Social Security set out in Schedule 1 to this order (which Agreement enters into force on the date specified in the Notes set out in Schedule 2 to this order), as amended by the Notes set out in Schedule 3 to this order, so far as the same relate to Northern Ireland.

Article 4Revocation and variation of orders#

(1)The Family Allowances and National Insurance (Reciprocal Agreement with Australia) Order (Northern Ireland) 1962, the Social Security (Australia) (Northern Ireland) Order 1975 and the Social Security (Australia) Order (Northern Ireland) 1987 are hereby revoked.

(2)The National Insurance (Reciprocal Agreements with Australia and New Zealand) Order (Northern Ireland) 1964 is hereby revoked, so far as it relates to Australia.

(3)In the Schedule to the Social Security (Reciprocal Agreements) Order (Northern Ireland) 1979, the entry relating to the Family Allowances and National Insurance (Reciprocal Agreement with Australia) Order (Northern Ireland) 1962 shall be omitted and in the Schedule to the Social Security (Reciprocal Agreements) Order (Northern Ireland) 1988 the entries relating to the orders set out in paragraph (1) of this Article shall be omitted.

Schedule 1 · Agreement on social security between the government of the united kingdom of great britain and northern ireland and the government of australia

Part I · General Provisions

Article 1 · Definitions

(1)For the purpose of this Agreement, unless the context otherwise requires:• “benefit” means pension, allowance or benefit payable under the legislation of one (or the other) Party and includes any increase payable for a dependant;• “competent authority” means, in relation to the territory of the United Kingdom, the Secretary of State for Social Security for Great Britain, the Department of Health and Social Services for Northern Ireland, the Department of Health and Social Security of the Isle of Man, the Social Security Committee of the States of the Island of Jersey or the States of Guernsey Insurance Authority, as the case may require, and, in relation to Australia the Secretary to the Department of Social Security;• “competent institution” means the institution from which the person concerned is entitled to receive benefit or would be entitled to receive benefit if he were resident in the territory of the Party where that institution is situated;• “contribution” , in relation to the legislation of the United Kingdom, does not include a reduced rate contribution payable by a married woman or a widow, or a graduated contribution within the meaning of that legislation;• “employed person” means a person who, in the applicable legislation, comes within the definition of an employed earner or of an employed person or is treated as such and the words “person is employed” shall be construed accordingly;• “employment” means employment as an employed person and the words “employ”, “employed” or “employer” shall be construed accordingly;• “equivalent period” means, in relation to the United Kingdom, a period for which contributions appropriate to the benefit in question have been credited under the legislation of that Party;• “family allowance”, in relation to the United Kingdom, includes child benefit payable under the legislation of the United Kingdom, and, in relation to Australia means family allowance payable under the legislation of Australia;• “former Agreement” means the Agreement on Social Security signed at Canberra on 29 January 1958, on behalf of the Parties, as amended by the Agreement on Social Security signed at Canberra on 16 August 1962 and by the Agreements set out in the Exchanges of Notes at Canberra on 6 March 1975 and at London on 29 and 31 December 1986;• “full standard rate” means, in relation to any benefit payable under the legislation of the United Kingdom, the rate at which the beneficiary would be qualified to receive that benefit if the relevant contribution conditions were fully satisfied;• “gainfully occupied” means employed or self-employed;• “Guernsey” means the Islands of Guernsey, Alderney, Herm and Jethou;• “income support” means income support payable under the legislation of Great Britain and Northern Ireland and supplementary benefit payable under the legislation of the Isle of Man;• “legislation” means the legislation specified in Article 2 which, in relation to the United Kingdom, is in force in any part of the territory of the United Kingdom and, in relation to Australia, is in force in Australia;• “means test” means any provision of the legislation of Australia which affects the payment or rate of a benefit on account of income or property;• “qualified to receive” means, in relation to the United Kingdom, entitled to receive subject to any disqualification or any provision about claiming, hospital treatment or overlapping benefits which may be appropriate;• “retirement pension” means retirement pension or old age pension payable under the legislation of the United Kingdom and includes a contributory old age pension under that legislation and any graduated retirement benefit constituted by an increase in the weekly rate of retirement pension under that legislation, but excludes additional (earnings-related) pension payable under that legislation;• “self-employed person” means a person who, in the applicable legislation, comes within the definition of a self-employed earner or of a self-employed person or is treated as such, and the words “person is self-employed” shall be construed accordingly;• “spouse carer’s pension” means a carer’s pension payable to a husband under the legislation of Australia;• “territory” means in relation to the United Kingdom, Great Britain, Northern Ireland and also the Isle of Man, the Island of Jersey and Guernsey;• “widow” means, in relation to Australia, a de jure widow but does not include a woman who is the de facto spouse of a man;• “widow’s benefit” means, in relation to the United Kingdom, widow’s allowance, widow’s payment, widowed mother’s allowance (including any graduated retirement benefit constituted by an increase in the weekly rate of widowed mother’s allowance), widowed father’s allowance or widow’s pension under the legislation of any part of the United Kingdom.

(2)In the application by a Party of this Agreement in relation to a person, any term not defined in this Article shall, unless the context otherwise requires, have the meaning ascribed to it in the legislation of the Parties or, in the event of a conflict of meaning, by whichever of the legislation of the Parties is the more applicable to the circumstances of that person.

(3)Any reference in this Agreement to “Article” means an Article of this Agreement, and any reference to a “paragraph” is a reference to a paragraph of the Article in which the reference is made, unless it is stated to the contrary.

Article 2 · Scope of Legislation

(4)This Agreement shall not apply to legislation on social security of the Institutions of the European Communities or to any convention or agreement on social security which either Party has concluded with a third party or to any laws, orders or regulations which amend the legislation specified in paragraph (l) for the purpose of giving effect to such a convention or agreement but shall not prevent either Party from taking into account under its legislation the provisions of any other convention or agreement which that Party has concluded with a third party.

(5)Subject to the provisions of paragraph (2), this Agreement shall apply, unless the Parties agree otherwise, only to benefits described in the legislation specified in paragraph (1) at the date of coming into force of this Agreement and for which specific provision is made in this Agreement.

Part II · Retirement Pensions, Age Pensions and Benefits for Widows

Article 3 · Retirement Pensions

(6)Where a person is entitled to receive a benefit by virtue of the provisions of this Article, the rate of benefit which he or she would otherwise be entitled to receive, but for this paragraph, shall be reduced by the amount of benefit which is payable by virtue of the legislation of Australia in accordance with the provisions of Article 8(7).

Article 4 · Age Pensions

Article 5 · UK Benefits for Widows

(7)In the case of widows' benefits payable under the legislation of Jersey, contribution credits shall only be awarded to widows permanently resident in Jersey.

(8)In the case of widow’s benefit payable under the legislation of Guernsey:

(a)Class 3 contributions shall be credited only to a widow who is permanently resident in Guernsey;

(b)where Class 3 contributions have not been credited to a widow under the provisions of sub-paragraph (a) above and the rate of old age pension which would be payable is less than the rate of widow’s benefit payable immediately before pension age is attained the rate of old age pension shall be adjusted so that it is equal to the rate of widow’s benefit which was payable, or which would be payable, if widow’s benefit were payable beyond pension age.

Article 6 · UK Widowed Mother’s Allowance-Child in Australia

Article 7 · Australian Benefits for Widows

Article 8 · Conversion of Australian Residence

Article 9 · Conversion of UK Earnings Factors or Contribution Factors

Part III · UK Family Allowance and Guardian’s Allowance

Article 10 · Family Allowance

Article 11 · Guardian’s Allowance

Part IV · Sickness Benefits and Invalidity Benefits

Article 12 · Australian Sickness Benefit

Article 13 · UK Sickness Benefit and Invalidity Benefit

(9)Nothing in this Article shall diminish any right which a person has, apart from this Agreement, to receive sickness or invalidity benefit under the legislation of the United Kingdom.

(10)Where a person is entitled to receive a benefit by virtue of the provisions of this Article, the rate of benefit which he or she would otherwise be entitled to receive, but for this paragraph, shall be reduced by the amount of benefit which is payable by virtue of the legislation of Australia in accordance with the provisions of Article 8(7).

Schedule 2 · First exchange of notes between the government of the united kingdom of great britain and northern ireland and the government of australia

Part [No. 1]

Part [No. 2]

Schedule 3 · Second exchange of notes between the government of the united kingdom of great britain and northern ireland and the government of australia

Part [No. 1]

Part [No. 2]

Contains public sector information licensed under the Open Government Licence v3.0.