Social Welfare Consolidation Act 2005

Reciprocal arrangements.

[1993 s238(1); 1997 s20 & Sch E]

287

287.—(1) The Minister may make such orders as may be necessary to carry out any reciprocal or other arrangements made with any international organisation, any other state or government or the proper authority under any other government, in respect of matters relating to insurance and benefits under Part 2, F1595[social assistance under Part 3, child benefit under Part 4, or any other scheme, or payment, under this Act] and may by any such order make any adaptations of and modifications in respect of these matters that he or she considers necessary.

[1993 s238(2)]

(2) The Minister may by order amend or revoke an order under this section.

F1596[(3) Without prejudice to the generality of subsections (1) and (2), the Minister, in an order under this section, may provide for the manner in which

(a) a reciprocal or other arrangement that is the subject of the order is to apply to persons, or different categories of persons, to whom a different reciprocal or other arrangement, provided for in another order under this section, applies, and

(b) the different reciprocal or other arrangement referred to in paragraph (a) is to apply to persons, or different categories of persons, to whom the reciprocal or other arrangement that is the subject of the order applies.

(4) In this section, a reference to ‘reciprocal or other arrangement’ includes an agreement which is intended to be binding on the State, the Government or the Minister but which has not, at the time of the making of an order under this section, become binding and to which the Minister is satisfied the international organisation, any other state or government or the proper authority under any government, referred to in subsection (1), is giving effect.]

Annotations

Amendments:

F1595

Substituted (30.12.2020) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 100(a), S.I. No. 699 of 2020.

F1596

Inserted (30.12.2020) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 100(b), S.I. No. 699 of 2020.

Editorial Notes:

E1818

Power pursuant to subs. (1) exercised (31.12.2020) by Social Welfare (Convention on Social Security between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland) Order 2020 (S.I. No. 746 of 2020), in effect as per art. 2.

E1819

Power pursuant to subs. (1) exercised (1.12.2010) by Social Welfare (Agreement with the Government of Japan on Social Security) Order 2010 (S.I. No. 527 of 2010), in effect as per art. 2.

E1820

Power pursuant to subs. (1) exercised (1.01.2009) by Social Welfare (Agreement with the Republic of Korea on Social Security) Order 2008 (S.I. No. 552 of 2008), in effect as per art. 2.

E1821

Power pursuant to subs. (1) exercised (1.10.2007 by Social Welfare (Bilateral Agreement with the United Kingdom on Social Security) Order 2007 (S.I. No. 701 of 2007), in effect as per art. 2.

E1822

Power pursuant to subs. (1) exercised (1.01.2006) by Social Welfare (Revised Agreement with Australia on Social Security) Order 2005 (S.I. No. 799 of 2005), in effect as per art. 2.

E1823

Power pursuant to statutory precursor of subs. (1) exercised (1.07.1999) by Social Welfare (Agreement with Switzerland on Social Security) Order 1999 (S.I. No. 206 of 1999), in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act.

E1824

Power pursuant to statutory precursor of subs. (1) exercised (1.10.1994) by Social Welfare (Understanding with Québec on Social Security) Order 1995 (S.I. No. 120 of 1995), in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act.

E1825

Power pursuant to statutory precursor of subs. (1) exercised (1.03.1994) by Social Welfare (Agreement with New Zealand on Social Security) Order 1994 (S.I. No. 57 of 1994), in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act.

E1826

Power pursuant to statutory precursor of subs. (1) exercised (1.09.1993) by Social Welfare (Agreement with The United States of America on Social Security) Order 1993 (S.I. No. 243 of 1993), in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act.

E1827

Power pursuant to statutory precursor of subs. (1) exercised (1.01.1992) by Social Welfare (Agreement with Canada on Social Security) Order 1991 (S.I. No. 317 of 1991), in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act.

E1828

Power pursuant to statutory precursor of subs. (1) exercised (1.12.1989) by Social Welfare (Agreement with the Republic of Austria on Social Security) Order 1989 (S.I. No. 307 of 1989), in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act.

E1829

Previous prospective affecting provision: subs. (1) amended subs. (3) and (4) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 (8/2019), s. 84, not commenced; repealed (17.12.2020) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 4(a), S.I. No. 634 of 2020.

E1830

Previous affecting provision: subs. (1) amended (1.01.2011) by Social Welfare and Pensions Act 2010 (37/2010), s. 26 and sch. 3 item 14, S.I. No. 673 of 2010; substituted (30.12.2020) as per F-note above.

E1831

Previous affecting provision: subs. (1) amended (20.07.2010) by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 24(5) and sch., commenced on enactment; substituted (30.12.2020) as per F-note above.

E1832

Previous affecting provision: subs. (1) amended (4.10.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 4, S.I. No. 334 of 2006; substituted (30.12.2020) as per F-note above.

E1833

Previous affecting provision: subs. (1) amended (29.09.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 17 and sch. 3, S.I. No. 334 of 2006; substituted (30.12.2020) as per F-note above.

E1834

Previous affecting provision: subs. (1) amended (28.07.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 4(1) and sch. 1 item 11, S.I. No. 334 of 2006; substituted (30.12.2020) as per F-note above.

E1835

Previous affecting provision: subs. (1) amended (1.04.2006) by Social Welfare Law Reform and Pensions Act 2006 (5/2006), s. 29(1) and sch. 6, commenced as per s. 29(4); substituted (30.12.2020) as per F-note above.

E1836

Previous affecting provision: power pursuant to statutory precursor of subs. (1) exercised (1.04.1992) by Social Welfare (Agreement with Australia on Social Security) Order 1992 (S.I. No. 84 of 1992); continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (1.01.2006) as per E-Note above.

E1837

Previous affecting provision: power pursuant to statutory precursor of subs. (1) exercised (21.09.1971) by Social Welfare (United Kingdom Reciprocal Arrangements) Order 1971 (S.I. No. 270 of 1971); continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (1.10.2007) as per E-Note above.

E1838

Previous affecting provision: power pursuant to statutory precursor of subs. (1) exercised (21.10.1968) by Social Welfare (United Kingdom Reciprocal Arrangements) Order 1968 (S.I. No. 218 of 1968); continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (1.10.2007) by Social Welfare (Bilateral Agreement with the United Kingdom on Social Security) Order 2007 (S.I. No. 701 of 2007), art. 4.

E1839

Previous affecting provision: power pursuant to statutory precursor of subs. (1) exercised (30.03.1966) by Social Welfare (United Kingdom Reciprocal Arrangements) Order 1966 (S.I. No. 67 of 1966); continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (1.10.2007) by Social Welfare (Bilateral Agreement with the United Kingdom on Social Security) Order 2007 (S.I. No. 701 of 2007), art. 4.

E1840

Previous affecting provision: power pursuant to statutory precursor of subs. (1) exercised (3.09.1964) by Social Welfare (Northern Ireland Reciprocal Arrangements) Order 1964 (S.I. No. 213 of 1964); continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (1.10.2007) by Social Welfare (Bilateral Agreement with the United Kingdom on Social Security) Order 2007 (S.I. No. 701 of 2007), art. 4.

E1841

Previous affecting provision: power pursuant to statutory precursor of subs. (1) exercised (2.05.1960) by Social Welfare (Great Britain Reciprocal Arrangements) Order 1960 (S.I. No. 96 of 1960); continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (1.10.2007) by Social Welfare (Bilateral Agreement with the United Kingdom on Social Security) Order 2007 (S.I. No. 701 of 2007), art. 4.

E1842

Previous affecting provision: power pursuant to statutory precursor of subs. (1) exercised (29.10.1952) by Social Welfare (Isle of Man Reciprocal Arrangements) Order 1952 (S.I. No. 309 of 1952); continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (1.10.2007) by Social Welfare (Bilateral Agreement with the United Kingdom on Social Security) Order 2007 (S.I. No. 701 of 2007), art. 4; revoked (1.10.2007) by Social Welfare (Bilateral Agreement with the United Kingdom on Social Security) Order 2007 (S.I. No. 701 of 2007), art. 4.

E1843

Previous affecting provision: power pursuant to statutory precursor of subs. (1) exercised (31.03.1952) by Social Welfare (Great Britain Reciprocal Arrangements) (No. 2) Order 1952 (S.I. No. 77 of 1952), in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (1.10.2007) by Social Welfare (Bilateral Agreement with the United Kingdom on Social Security) Order 2007 (S.I. No. 701 of 2007), art. 4; revoked (1.10.2007) by Social Welfare (Bilateral Agreement with the United Kingdom on Social Security) Order 2007 (S.I. No. 701 of 2007), art. 4.

E1844

Previous affecting provision: power pursuant to statutory precursor of subs. (1) exercised (partly from 5.07.1948, partly from 1.06.1949) by Social Welfare (Great Britain Reciprocal Arrangements) Order 1952 (S.I. No. 22 of 1952), in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (1.10.2007) by Social Welfare (Bilateral Agreement with the United Kingdom on Social Security) Order 2007 (S.I. No. 701 of 2007), art. 4.

E1845

Previous affecting provision: power pursuant to statutory precursor of subs. (1) exercised (partly from 5.07.1948, partly from 1.04.1949) by Social Welfare (Northern Ireland Arrangements) Order 1949 (S.I. No. 97 of 1949), in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (1.10.2007) by Social Welfare (Bilateral Agreement with the United Kingdom on Social Security) Order 2007 (S.I. No. 701 of 2007), art. 4.

E1846

Previous affecting provision: power pursuant to statutory precursor of subs. (1) exercised (6.4.1949) by Social Welfare (Great Britain Reciprocal Arrangements) (No. 2) Order 1949 (S.I. No. 73 of 1949), in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (1.10.2007) by Social Welfare (Bilateral Agreement with the United Kingdom on Social Security) Order 2007 (S.I. No. 701 of 2007), art. 4.

E1847

Previous affecting provision: power pursuant to statutory precursor of subs. (1) exercised (partly from 5.07.1948, partly from 1.04.1949) by Social Welfare (Great Britain Reciprocal Arrangements) Order 1949 (S.I. No. 52 of 1949), in effect as per art. 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (1.10.2007) by Social Welfare (Bilateral Agreement with the United Kingdom on Social Security) Order 2007 (S.I. No. 701 of 2007), art. 4.

E1848

Previous affecting provision: power pursuant to statutory precursor of subs. (1) exercised (20.09.1948 with retrospective effect from 5.07.1948) by Social Welfare (Great Britain Reciprocal Arrangements) Order 1948 (S.I. No. 310 of 1948), in effect as per arts. 1(2) and 2; continued in force (1.12.2005) by s. 362(2) as if made under this Act; revoked (1.10.2007) by Social Welfare (Bilateral Agreement with the United Kingdom on Social Security) Order 2007 (S.I. No. 701 of 2007), art. 4. Corresponding British Order in Council, as referred to in art. 1(2), made (13.09.1948) by National Insurance (Reciprocal Agreement with Éire for Sickness and Maternity Benefit) Order 1948 (S.I. 1948 No. 2059).