The Journal of History     Winter 2004    TABLE OF CONTENTS

 





1997 No. 1778






SOCIAL SECURITY






The Social Security (United States of America) Order 1997



Made 22nd July 1997   Coming into force 1st September 1997  


At the Court at Buckingham Palace, the 22nd day of July 1997





Present,





The Queen's Most Excellent Majesty in Council



Whereas at London on the 13th February 1984 an Agreement on social security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America (hereinafter referred to as "the Agreement") and an Administrative Agreement for the implementation of the Agreement (hereinafter referred to as "the Administrative Agreement")[1 <http://mail.yahoo.com/config/login?/file:///C:/My%20Documents/#note1> ] were signed on behalf of those Governments and effect was given to the Agreement by the Social Security (United States of America) Order 1984 (hereinafter referred to as "the Principal Order")[2 <http://mail.yahoo.com/config/login?/file:///C:/My%20Documents/#note2> ]:

  And Whereas at London on 6th June 1996 a Supplementary Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America (which Supplementary Agreement is set out in Schedule 1 to this Order and is hereinafter referred to as "the Supplementary Agreement") amending the Agreement and a Supplementary Administrative Agreement amending the Administrative Agreement (which Supplementary Administrative Agreement is set out in Schedule 2 to this Order and is hereinafter referred to as "the Supplementary Administrative Agreement")[3 <http://mail.yahoo.com/config/login?/file:///C:/My%20Documents/#note3> ] were signed on behalf of those Governments:

  And Whereas by Article 3 of the Supplementary Agreement it is provided that the Supplementary Agreement shall enter into force on the first day of the third month following the month in which each Government has received from the other Government written notification that all statutory and constitutional requirements have been complied with for entry into force of the Supplementary Agreement:

  And Whereas by Article 2 of the Supplementary Administrative Agreement it is provided that the Supplementary Administrative Agreement shall enter into force on the date of entry into force of the Supplementary Agreement:

  And Whereas written notification in accordance with Article 3 of the Supplementary Agreement was received by each Government on 20th June 1997 and accordingly the Supplementary Agreement and the Supplementary Administrative Agreement enter into force on the 1st September 1997:

  And Whereas by section 179(1)(a) and (2) of the Social Security Administration Act 1992[4 <http://mail.yahoo.com/config/login?/file:///C:/My%20Documents/#note4> ] it is provided that Her Majesty may by Order in Council make provision for modifying or adapting that Act and the Social Security Contributions and Benefits Act 1992[5 <http://mail.yahoo.com/config/login?/file:///C:/My%20Documents/#note5> ] in their application to cases affected by agreements with other Governments providing for reciprocity in matters specified in the said section:

  Now, therefore, Her Majesty, in pursuance of section 179(1)(a) and (2) of the Social Security Administration Act 1992 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: -

Citation and commencement
    1. This Order may be cited as the Social Security (United States of America) Order 1997 and shall come into force on 1st September 1997.

Modification of the Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992 and amendment of the Principal Order
    2. The Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992 shall be modified and the Principal Order shall be amended so as to give effect to the Agreement as modified by the Supplementary Agreement set out in Schedule 1 to this Order and to the Administrative Agreement as modified by the Supplementary Administrative Agreement set out in Schedule 2 to this Order, so far as the same relate to England, Wales and Scotland.

Amendment of Order
    3. The reference to the Social Security (United States of America) Order 1984 shall be omitted in the Schedule to the Social Security (Reciprocal Agreements) Order 1988[
6 <http://mail.yahoo.com/config/login?/file:///C:/My%20Documents/#note6> ] and in Schedules 2 and 3 to the Social Security (Reciprocal Agreements) Order 1995[7 <http://mail.yahoo.com/config/login?/file:///C:/My%20Documents/#note7> ].


N.H. Nicholls
Clerk of the Privy Council




SCHEDULE 1


Article 2




SUPPLEMENTARY AGREEMENT AMENDING THE AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA




The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America;

Having considered the Agreement on Social Security which was signed on their behalf at London on 13th February 1984 (hereinafter referred to as "the Agreement");

Having recognised the need to revise certain provisions of the Agreement;

Have agreed as follows:

Article 1
    1. Article 1 of the Agreement shall be revised as follows:






    2. In paragraph 1(a)(ii) of Article 2 of the Agreement, "1954" shall be replaced by "1986".

  3. Paragraph 1(b) of Article 2 of the Agreement shall be revised to read as follows:

    4. In paragraph 2 of Article 4 of the Agreement, the word "normally" shall be added immediately before the words "employed by".

  5. Article 4 paragraph 3 of the Agreement shall be revised to read as follows:


  6. Article 7 paragraph 2 of the Agreement shall be revised to read as follows:


  7. Article 11 paragraph 3 of the Agreement shall be revised to read as follows:

    8. Article 14 of the Agreement shall be revised to read as follows:


  9. Article 21 paragraph 2 of the Agreement shall be revised to read as follows:


Article 2
The application of this Supplementary Agreement shall not result in any reduction in the amount of a benefit to which entitlement was established prior to its entry into force.

Article 3
This Supplementary Agreement shall enter into force on the first day of the third month following the month in which both Governments shall have informed each other by a formal exchange of notes that the steps necessary under their national statutes to enable the Supplementary Agreement to take effect have been taken.



IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Supplementary Agreement.


DONE in duplicate at London on 6th June 1996.

FOR THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND:

William Marsden,
(Americas Director, FCO)


FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:


Timothy E. Deal,
(Minister, Embassy of the United States of America)




SCHEDULE 2


Article 2




SUPPLEMENTARY ADMINISTRATIVE AGREEMENT AMENDING THE ADMINISTRATIVE AGREEMENT FOR THE IMPLEMENTATION OF THE AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA




The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America;

In accordance with Article 15(a) of the Agreement on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America signed on their behalf at London on 13th February 1984 (hereinafter referred to as "the Agreement") as amended by the Supplementary Agreement of this date;

Have agreed to amend the Administrative Agreement for the implementation of the Agreement as follows: -

Article 1
    1. Article 2 paragraph 1 of the Administrative Agreement shall be revised to read as follows:

    2. Article 9 paragraph 1 of the Administrative Agreement shall be revised by adding the following sentence at the end thereof:


Article 2
This Supplementary Administrative Agreement shall enter into force on the date of entry into force of the Supplementary Agreement of this date amending the Agreement.



DONE at London on 6th June 1996 in duplicate.


FOR THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND:

William Marsden,
(Americas Director, FCO)


FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:


Timothy E. Deal,
(Minister, Embassy of the United States of America)







EXPLANATORY NOTE

(This note is not part of the Order)




This Order makes provision for the modification of the Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992 so as to give effect to the Supplementary Agreement on social security (which is set out in Schedule 1 to this Order) made between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America. The Supplementary Agreement amends the Agreement on social security set out in Schedule 1 to the Social Security (United States of America) Order 1984 to take into account changes in United Kingdom legislation, in particular as relates to incapacity benefit.

There are also set out in Schedule 2 to this Order the provisions of a Supplementary Administrative Agreement amending the Administrative Agreement set out in Schedule 2 to the Social Security (United States of America) Order 1984.

This Order does not impose any costs on business.





Notes:

[1] Cmnd. 9443.back <http://mail.yahoo.com/config/login?/file:///C:/My%20Documents/#n1>  

[2] S.I. 1984/1817.back <http://mail.yahoo.com/config/login?/file:///C:/My%20Documents/#n2>  

[3] Cm 3374, publishes both the Supplementary Agreement and the Supplementary Administrative Agreement.back <http://mail.yahoo.com/config/login?/file:///C:/My%20Documents/#n3>  

[4] 1992 c.5.back <http://mail.yahoo.com/config/login?/file:///C:/My%20Documents/#n4>  

[5] 1992 c.4.back <http://mail.yahoo.com/config/login?/file:///C:/My%20Documents/#n5>  

[6] S.I. 1988/591.back <http://mail.yahoo.com/config/login?/file:///C:/My%20Documents/#n6>  

[7] S.I. 1995/767.back <http://mail.yahoo.com/config/login?/file:///C:/My%20Documents/#n7>  


We welcome your comments <http://mail.yahoo.com/config/login?/file:///C:/hmsoform.htm>  on this site Crown copyright 1997 Prepared 6 August 1997
Editor's note: Absolutely nothing was changed in this document except what was told should be "removed" by the Queen.


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