This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Statutory Instruments
Social Security
Made
8th October 2019
Coming into force in accordance with article 1
At the Court at Buckingham Palace, the 8th day of October 2019
Present,
The Queen's Most Excellent Majesty in Council
This Order is made under the powers in section 179(1) and (2) of the Social Security Administration Act 1992(1), which provide that, for the purpose of giving effect to any agreement with the government of a country outside the United Kingdom providing for reciprocity in specified matters, Her Majesty may by Order in Council make provision for modifying or adapting specified legislation in its application to cases affected by such agreement.
Following the withdrawal of the United Kingdom from the European Union, the Agreement between the European Community and its Member States, on the one part, and the Swiss Confederation, on the other, on the free movement of persons signed at Luxembourg on 21st June 1999 ("FMOPA") no longer applies as between the United Kingdom and the Swiss Confederation.
At Bern on 25th February 2019 an Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Swiss Confederation(2) on citizens' rights following the withdrawal of the United Kingdom from the European Union and the Free Movement of Persons Agreement ("the Switzerland Citizens' Rights Agreement") was signed on behalf of those Governments. Part 3 of the Switzerland Citizens' Rights Agreement makes provision in relation to social security.
The Switzerland Citizens' Rights Agreement enters into force from the later of the specified date or the first day of the second month following the date of receipt of the later of the parties' notifications that they have completed their internal procedures. The specified date is the date on which, in the absence of any transitional arrangements, the United Kingdom ceases to be a Member State of the European Union, or in the event there are transitional arrangements, the date on which those transitional arrangements cease to apply to the United Kingdom. A transitional arrangement means an arrangement during which time FMOPA continues to apply to the United Kingdom. Article 36(3) of the Switzerland Citizens' Rights Agreement provides that pending entry into force of the agreement, the parties shall provisionally apply the agreement from the specified date.
In order to give effect to the Switzerland Citizens' Rights Agreement, therefore, Her Majesty, in exercise of the powers conferred on Her by section 179(1) and (2) of the Social Security Administration Act 1992 and of all the powers enabling Her to do so, is pleased, by and with the advice of Her Privy Council, to order as follows:
1.-(1) This Order may be cited as the Social Security (Switzerland) (Citizens' Rights Agreement) Order 2019 and comes into force on the occurrence of the later of the events in paragraph (2).
(2) The events are-
(a)immediately after the Social Security (Amendment) (EU Exit) Regulations 2019(3) having come into force; and
(b)the earlier of the following-
(i)the first day of the second month following the date of receipt of the later of the notifications referred to in Article 36(2)(b) of the Switzerland Citizens' Rights Agreement set out in the Schedule to this Order; and
(ii)the specified date referred to in Article 36(3)(a) of the Switzerland Citizens' Rights Agreement set out in the Schedule to this Order(4).
2.-(1) The legislation to which this paragraph applies is modified or adapted to the extent required to give effect to the provisions contained in the Switzerland Citizens' Rights Agreement set out in the Schedule to this Order.
(2) Subject to paragraph (3), paragraph (1) applies to-
(a)the Social Security Administration Act 1992;
(b)the Social Security Contributions and Benefits Act 1992(5);
(c)the Jobseekers Act 1995(6);
(d)Chapter 2 of Part 1 of the Social Security Act 1998(7);
(e)Part 2 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999(8);
(f)the State Pension Credit Act 2002(9);
(g)Part 1 of the Welfare Reform Act 2007(10);
(h)Parts 1 and 4 of the Welfare Reform Act 2012(11);
(i)Parts 1 and 5 of the Pensions Act 2014(12);
(j)Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29th April 2004 on the coordination of social security systems(13), as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018(14);
(k)Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16th September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004(15), as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018; and
(l)regulations within the scope of section 179(5) of the Social Security Administration Act 1992;
so far as such provisions relate to England, Wales and Scotland.
(3) Paragraph (1) does not modify any legislation so far as it would be within the legislative competence of the Scottish Parliament to make such modification, unless regulation 3 of the Scotland Act 2016 (Transitional) Regulations 2017(16) applies to functions conferred on a Minister of the Crown in respect of that devolved competence.
(4) Paragraph (1) also applies to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999(17) so far as such provision relates to Northern Ireland.
Ceri King
Deputy Clerk of the Privy Council
Articles 1 and 2
(This note is not part of the Order)
This Order makes provision for the modification of certain social security legislation, so as to give effect to the Agreement between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation ("Switzerland") on Citizens' Rights following the withdrawal of the United Kingdom from the European Union and the Free Movement of Persons Agreement, signed at Bern on 25th February 2019 ("the Switzerland Citizens' Rights Agreement"). Part 3 of the Switzerland Citizens' Rights Agreement makes provision in relation to social security coordination.
The rules of the European Union relating to social security coordination apply between the United Kingdom and Switzerland as provided for by the Agreement between the European Community and its Member States, on the one part, and the Swiss Confederation, of the other, on the free movement of persons, signed at Luxembourg on 21st June 1999 ("FMOPA"). When the United Kingdom leaves the European Union, FMOPA will also cease to apply.
The relevant European Union regulations are Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29th April 2004 on the coordination of social security systems and Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16th September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 ("the EU social security coordination regulations"). The EU social security coordination regulations form part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018 (c. 16) from exit day.
Article 36(2) of the Switzerland Citizens' Rights Agreement provides that it comes into force on the later of the specified date, or the first day of the second month following the date of receipt of the later of the parties' notifications that they have completed their internal procedures. Article 36(3) also permits provisional application from the specified date.
The specified date for the purposes of the Switzerland Citizens' Rights Agreement is the date on which, in the absence of any transitional arrangements, the United Kingdom ceases to be a Member State of the European Union, or in the case where there are transitional arrangements, the date on which these cease to apply. A transitional arrangement means an arrangement during which time FMOPA continues to apply to the United Kingdom.
The Order does not impose any costs on business, charities or the voluntary sector. A Tax Information and Impact Note has not been prepared for this instrument as it gives effect to previously announced policy.
1992 c. 5. Section 179 has been relevantly amended by paragraph 2(2) of Schedule 6 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 S.I. 1999/671. It is also to be amended by S.I. 2019/128 with effect from exit day (as defined in section 20(1) of the European Union (Withdrawal) Act 2018 (c. 16)) and there are other amendments that are not relevant to this Order.
2019 CP 64 (Switzerland No.5 (2019)).
The date on which the Switzerland Citizens' Rights Agreement enters into force for the United Kingdom will be published on the relevant page on UK Treaties Online which can be found at this link: https://www.gov.uk/uk-treaties.
Relevant amendments to the retained EU direct legislation were made by S.I. 2019/722, which comes into force on exit day.
Relevant amendments to the retained EU direct legislation were made by S.I. 2019/723, which comes into force on exit day.