Contents
Article 1Citation and commencement#
This Order may be cited as the Social Security (Reciprocal Agreements) Order (Northern Ireland) 2017 and shall come into operation on 6th April 2017.
Article 2Modification of legislation#
The Social Security Administration (Northern Ireland) Act 1992, the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and regulations made under those Acts, and Part 5 (bereavement support payment) of the Pensions Act (Northern Ireland) 2015 and regulations made under section 29 of that Act, shall be modified to such extent as may be required to give effect to—
(a)the alterations set out in Schedule 1 which are proposed to the agreements set out in the Schedules to the Orders in Council and Orders made by the Secretary of State specified in Schedule 2;
(b)the alterations set out in Schedule 3 which are proposed to the agreement set out in the Schedule to the Order referred to in Schedule 3.
Schedule 1 · Proposed alterations to existing agreements
(1)For the purposes of the alterationsproposed in this Schedule—
(a)“bereavement benefits” means—
(i)widow’s benefit,
(ii)bereavement benefit,
(iii)survivor’s pension,
(iv)survivor’s benefit,
(v)basic survivor’s benefit,
(vi)death grant,
(vii)benefits in respect of the death of a spouse or civil partner, or
(viii)any equivalent terms;
(b)“the agreements set out in the Schedules” means the agreements set out in the Schedules to the Orders in Council and Orders specified in Schedule 2;
(c)bereavement support payment means payment under Part 5 (bereavement support payment) of the Pensions Act (Northern Ireland) 2015.
(2)Subject to paragraphs 4 to 8 of this Schedule, where in the agreements set out in the Schedules there are references to bereavement benefits, such references shall be altered to include a reference to bereavement support payment.
(3)Subject to paragraphs 4 to 8 of this Schedule, where in the agreements set out in the Schedules there are references to the legislation to which the agreements apply, such references shall be altered to include a reference to Part 5 of the Pensions Act (Northern Ireland) 2015.
(4)For the purposes of entitlement to bereavement support payment, where in the agreements set out in the Schedules there are references to a person who is entitled to receive bereavement benefits under the legislation of the United Kingdom while that person is in the territory of the other country as if that person were in the territory of the United Kingdom, such references shall be altered to include a reference to a person who is ordinarily resident in the territory of the other country when their spouse or civil partner dies as if they were ordinarily resident in Northern Ireland at that time.
(5)Where in the agreements set out in the Schedules there are references to an increase in the rate of bereavement benefits under the legislation of the United Kingdom such references shall be altered to include a reference to an increase in the rate of bereavement support payment in the case of a person who is ordinarily resident in the territory of the other country when their spouse or civil partner dies as if they were ordinarily resident in Northern Ireland at that time.
(6)For the purposes of entitlement to the higher rate of bereavement support payment by virtue of regulations under section 29(4) (bereavement support payment) of the Pensions Act (Northern Ireland) 2015, where in the agreements set out in the Schedules there are references to a person who is entitled to bereavement benefits or an increase in bereavement benefits under the legislation of the United Kingdom in respect of a child who is in the territory of the other country as if that child were in the territory of the United Kingdom, such references shall be altered to include a reference to a person who is treated as entitled to child benefit in respect of a child when—
(a)the child is ordinarily resident in the territory of the other country, and
(b)that person would be entitled to child benefit in respect of that child if the child were in the territory of the United Kingdom.
(7)Where in the agreements set out in the Schedules there are—
(a)references to the calculation of pro-rata bereavement benefits, or
(b)provisions relating to the calculation of pro-rata bereavement benefits,
such references or provisions shall not be altered to include a reference to bereavement support payment.
(8)Where in the agreements set out in the Schedules there are references to a person being treated as having—
(a)paid contributions,
(b)been credited with contributions,
(c)been credited with earnings, or
(d)completed an insurance period, a contribution period or an equivalent period,
under the legislation of the United Kingdom, for the purpose of calculating entitlement to bereavement support payment such references shall not be altered to apply to bereavement support payment.
Schedule 2 · Specified orders in council and orders of the secretary of state
Schedule 3 · Proposed alterations to existing agreement with new zealand
(1)In the agreement set out in the Schedule to the Social Security (New Zealand) Order (Northern Ireland) 1983—
(a)where there are references to the legislation to which the agreement applies, such references shall be altered to include a reference to Part 5 of the Pensions Act (Northern Ireland) 2015;
(b)Article 11 (United Kingdom widow’s benefit by virtue of residence in New Zealand) shall be altered so that it applies for the purpose of entitlement to bereavement support payment under Part 5 of the Pensions Act (Northern Ireland) 2015 in the following way—
(i)a person who is ordinarily resident in New Zealand when their spouse or civil partner dies is to be treated as ordinarily resident in Northern Ireland at that time; and
(ii)paragraph (4) is to be disregarded.
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