SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977

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SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - SECT 40



40.(1) For the purpose of giving effect to any agreement with the government
of a country outside the United Kingdom providing for reciprocity in matters
relating to payments for purposes similar or comparable to those of this
Order, the Secretary of State may by order provide for modifying ... this
Order in its application to cases affected by the agreement.

(2) The modifications of this Order which may be made by virtue of paragraph
(1) include provision

(a)for securing that acts, omissions and events having any effect for the
purposes of the law of the country in respect of which the agreement is made
have a corresponding effect for the purposes of this Order (but not so as to
confer a right to double benefit);

(b)for determining, in cases where rights accrue both under this Order and
under the law of that country, which of those rights is to be available to the
person concerned;

(c)for making any financial adjustments.

(3) In relation to the power to make orders which is conferred by this
Article, and to orders made in the exercise of the power, section 155(3) and
(7) and section 157(4) of the Social Security (Northern Ireland) Act 1975
(additional matters which may be dealt with by orders; application to future
legislation) apply as they do for the purposes of that Act.

40A. Regulations may provide for any provision of this Order except this
Article to have effect with prescribed modifications

(a)in cases involving a marriage celebrated under a law which permits polygamy
or a marriage during the subsistence of which a party to it is at any time
married to more than one person;

(b)in cases where the Department considers that without the modifications the
provision in question would give rise to an anomaly or an injustice or would
produce impractical consequences.]

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Northern Irish Legislation

SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - SECT 40