Storbritannia - Memorandum of understanding concerning co-operation and mutual assistance in the administration of social programmes

DATED 4. July 2011

BETWEEN

THE DEPARTMENT FOR WORK AND PENSIONS AND THE DEPARTMENT FOR SOCIAL DEVELOPMENT OF GREAT BRITAIN AND NORTHERN IRELAND

AND

THE NORWEGIAN DIRECTORATE OF LABOUR AND WELFARE

 

MEMORANDUM OF UNDERSTANDING

CONCERNING CO-OPERATION AND MUTUAL ASSISTANCE

IN THE ADMINISTRATION OF SOCIAL SECURITY PROGRAMMES

 

THIS MEMORANDUM OF UNDERSTANDING made the day of                  2011_

BETWEEN

THE DEPARTMENT FOR WORK AND PENSIONS AND THE DEPARTMENT FOR SOCIAL DEVELOPMENT OF GREAT BRITAIN AND NORTHERN IRELAND acting   through THE SECRETARY OF STATE FOR WORK AND PENSIONS, of Caxton House, Tothill Street, London SW1H 9NA (“the DWP”)

AND

THE NORWEGIAN DIRECTORATE OF LABOUR AND WELFARE of Akersgaten 64-68,  Postboks 5 St. Olavs plass, 0130 Oslo, Norway

(together referred to in this Memorandum of Understanding as “the Participants”)

with the purpose of improving the administrative efficiency cost effectiveness and integrity of their social security and social assistance systems as they apply to the determination of eligibility and the payment of benefits and

being mindful of the Resolution of the Council (of the European Union), and the representatives of the Governments of the Member States meeting within the Council, of 22 April 1999 on a Code of Conduct for improving cooperation between authorities of the Member States (of the European Union) concerning the combating of transnational social security benefit and contribution fraud and undeclared work, and concerning the transnational hiring-out of workers (OJ C 125, 6.5.1999, p.1)

recalling that some provision is made for co-operation between authorities in respect of certain social security benefits in Council Regulation (EEC) 883/04 of 29 April 2004 (“the 2004 Regulation”) on the application of social security schemes to employed persons, self-employed persons and to members of their families moving within the (European) Community

and recalling section 179A of the Social Security Administration Act 1992 and section 155A of the Social Security Administration (Northern Ireland) Act 1992 which relate to the exchange of information with overseas authorities by the Secretary of State for Work and Pensions and the Department for Social Development

Recalling the Kingdom of Norway’s participation in the Agreement on the European Economic Area

Intend to establish a programme of mutual administrative assistance and have reached the following understandings.   

SCOPE OF CO-OPERATION AND MUTUAL ADMINISTRATIVE ASSISTANCE   

1.      This Memorandum of Understanding will apply to the benefits and national social security legislation and Regulations made thereunder as administered by the agents of the Participants and given in Appendix 1.  Each Participant will notify the other of any withdrawal or replacement of their legislation and regulations which are covered by this Memorandum of Understanding.      

2.      In this Memorandum of Understanding the term "agent" means  

(a)         in relation to the United Kingdom;  

-          in relation to Great Britain the Department for Work and Pensions;  

-          in relation to Northern Ireland the Department for Social Development;  

and  

(b)         in relation to Norway;  

-          the Directorate of  Labour and Welfare

 

3.      In accordance with the procedures to be outlined in one or more supplementary arrangements to this Memorandum of Understanding the agents of the Participants will co-­operate and assist each other in administering the legislation specified in Appendix 1.  This programme of mutual administrative assistance will include such exchanges of information and such provision of assistance with specific investigations and enquiries as are permitted by the Participants' respective domestic law.

4.      To the extent provided for in this Memorandum of Understanding and as permitted by the legislation that they administer the agents of the Participants will communicate to each other appropriate information to carry out the programme of mutual administrative assistance to which this Memorandum of Understanding and its supplementary arrangements apply.

 5.      Information about an individual which the agent of one Participant transmits to an agent of the other Participant in accordance with this Memorandum of Understanding or its supplementary arrangements will be used for the purpose of administering the legislation specified in paragraph 1 of this Memorandum of Understanding. Such information received by the agent of a Participant will be governed by the law applicable to that Participant for the protection of privacy and confidentiality of personal data. The information will be used only for defined purposes as specified in the supplementary arrangements, and will not be subject to any onward transmission to any third party other than another agent of the Participants as specified in paragraph two as permitted by the Participants’ respective domestic law.  The information will be retained for the period specified in the supplementary arrangements after which time it will be destroyed.

 

6.      In no case will the agent of a Participant be expected to carry out administrative measures at variance with the law or the administrative practice of that Participant or to furnish information that may not be obtained or disclosed under the legislation of that Participant.

7.      In relation to Norway this Memorandum of Understanding will apply to Norway and Jan Mayen, but not to Svalbard. In relation to the United Kingdom the Memorandum of Understanding will apply to England, Scotland, Wales and Northern Ireland but not to Jersey, Guernsey and Dependencies, the Isle of Man or Gibraltar.

MANAGEMENT

8.      The programme of mutual administrative assistance will be under the general direction of a Management Committee whose function will be to carry out an ongoing review of policy and procedures relating to the programme.  The Committee will consist of three members:

 

(a)         For the United Kingdom of Great Britain and Northern Ireland,   

on behalf of the Secretary of State for Work and Pensions,  

the Permanent Secretary Department for Work and Pensions or designee(s);  

on behalf of the Minister for Social Development in Northern Ireland  

the Permanent Secretary Department for Social Development or designees(s);  

(b)    For Norway on behalf of the Norwegian Directorate of Welfare and Labour  

the Director of the Norwegian Welfare and Labour Administration or designee(s)

9.      The programme of mutual administrative assistance and any modifications to that programme will be set out in writing as supplementary arrangements to this Memorandum of Understanding and signed by the members of the Management Committee or their designees.

10. The Management Committee will be responsible for the co-ordination and any modification of the programme of mutual administrative assistance to be set out later in one or more supplementary arrangements to be agreed by the Management Committee.  The Committee will review the various timetables for the performance of functions set out in the supplementary arrangements in order to ensure that the required standards are met to the extent possible or to modify the timeframes where appropriate.

11. The Management Committee will be responsible for exchanging statistics and other information regarding workloads, outcomes and other matters associated with the programme of mutual administrative assistance. The Management Committee will decide upon the content and form of the statistics and information to be exchanged.

12. The Management Committee will meet as required to review progress and establish programme guidance and priorities.

13. This MoU may not be released, discharged, supplemented, interpreted, amended, varied or modified in any manner except by an instrument in writing signed by each of the parties hereto.

EXPENSES

14. Each agent will furnish assistance in accordance with this Memorandum of Understanding without immediate charge to the other agents. The Management Committee will periodically review the expenses involved in furnishing assistance under this Memorandum of Understanding with a view toward balancing the costs incurred by each agent.

INTERPRETATION AND APPLICATION

15. This Memorandum of Understanding is not legally binding on the Participants and creates no rights or obligations under international law. Any dispute regarding the interpretation or application of this Memorandum of Understanding or its supplementary arrangements will be resolved by the Management Committee and will not be referred to any international tribunal or third party for settlement.

LANGUAGE

16. For the purposes of this Memorandum of Understanding the Participants and the agents of the Participants may communicate directly with one another in English.

17. No document will be rejected on the grounds that it has been drawn up in an official language of one of the Participants.

PERIOD OF OPERATION

18. This Memorandum of Understanding will come into operation on the date of signature and will remain in operation until terminated by either Participant by giving three months’ notice in writing to the other Participant.  The Participants will review the provisions of this Memorandum of Understanding twelve months after the date on which it comes into operation and thereafter quinquennially, or exceptionally at any time at the written request of either Participant.

19. Data exchange under the programme of mutual administrative assistance will commence from a date to be mutually decided in writing by the Participants.

The foregoing record represents the understandings reached between the Department for Work and Pensions and the Department for Social Development of Great Britain and Northern Ireland and the Norwegian Directorate of Labour and Welfare upon the matters referred to therein.

   

SIGNED in duplicate in the English language

 

For and on behalf of                                                            For and on behalf of

THE DEPARTMENT FOR WORK                                 THE NORWEGIAN DIRECTORATE

AND PENSIONS AND THE DEPARTMENT               OF LABOUR AND WELFARE

FOR SOCIAL DEVELOPMENT OF THE

UNITED KINGDOM OF GREAT BRITAIN

AND NORTHERN IRELAND

 

By:                                                                                         By:

 

Appendix 1

List of UK social security benefits and primary legislations

 

UK social security benefits	Primary legislations
Attendance Allowance	Social Security Contributions and Benefits Act 1992 sections 64-67 Social Security Contributions and Benefits (Northern Ireland) Act 1992 sections 64-67
Bereavement Allowance	Social Security Contributions and Benefits Act 1992 section 39B Social Security Contributions and Benefits (Northern Ireland) Act 1992 section 39B
Bereaved Parent's Allowance	Social Security Contributions and Benefits Act 1992 section 39A-C Social Security Contributions and Benefits (Northern Ireland) Act 1992 sections 39A–C
Bereavement Payment	Social Security Contributions and Benefits Act 1992 section 36 Social Security Contributions and Benefits (Northern Ireland) Act 1992 section 36
Carer’s Allowance	Social Security Contributions and Benefits Act 1992 section 70 Social Security Contributions and Benefits (Northern Ireland) Act 1992 section 70
Constant Attendance Allowance	Social Security Contributions and Benefits Act 1992 section 104 Social Security Contributions and Benefits (Northern Ireland) Act 1992 section 104
Council Tax Benefit	Social Security Contributions and Benefits Act 1992 Part V11 particularly section 131
Disability Living Allowance	Social Security Contributions and Benefits Act 1992 sections 71-76 Social Security Contributions and Benefits (Northern Ireland) Act 1992 sections 71-76
Housing Benefit	Social Security Contributions and Benefits Act 1992 Part V11 particularly section 130 Social Security Contributions and Benefits (Northern Ireland) Act 1992 Part VII particularly section 129
Incapacity Benefit	Social Security Contributions and Benefits Act 1992 sections 30A-30E Social Security Contributions and Benefits (Northern Ireland) Act 1992 sections 30A-E
Employment and Support Allowance	Welfare Reform Act 2007 Welfare Reform Act (Northern Ireland) 2007
Income Support	Social Security Contributions and Benefits Act 1992 Part V11 Social Security Contributions and Benefits (Northern Ireland) Act 1992 section Part VII particularly section 123
Jobseeker’s Allowance	Jobseeker’s Act 1995 Jobseekers (Northern Ireland) Order 1995
Pension Credit	State Pension Credit Act 2002 State Pension Credit Act (Northern Ireland) 2002
State Pensions	Social Security Contributions and Benefits Act 1992 sections 43-55C Social Security Contributions and Benefits (Northern Ireland) Act 1992 sections 43-55C
Statutory Sick Pay	Social Security Contributions and Benefits Act 1992 sections 151-155 Social Security Contributions and Benefits (Northern Ireland) Act 1992 sections 147-151

 

 

Norwegian social security benefits and primary legislations

 

 

Norwegian social security benefits	Primary legislations
Parental benefit	National Insurance Act of 28 February 1997, Chapters 14.
Cash Pregnancy Benefit	National Insurance Act of 28 February 1997, Chapters 14-4.
Maternity/adoption Grant	National Insurance Act of 28 February 1997, Chapters 14-17.
Child Care Benefit	National Insurance Act of 28 February 1997, Chapters 15-11.
Child benefit	Child Benefit Act of 8 March 2002.
Finnmark supplement to child benefit	Child Benefit Act of 8 March 2002, chap 4.
Svalbard supplement to child benefit	Child Benefit Act of 8 March 2002, chap 4.
Child care allowances	Act on Cash Benefit for Parents with Small Children of 26 June 1998
Transitional benefit for single parent	National Insurance Act of 28 February 1997, Chapters 15-6.
Extended child benefit for single parent	Child Benefit Act of 8 March 2002, chap 3.
Infant supplement to child benefit for single parent	Child Benefit Act of 8 March 2002,  chap 4.
Education Benefit for single parent	National Insurance Act of 28 February 1997, Chapters 15-12.
Relocation grant for single parent	National Insurance Act of 28 February 1997, Chapters 15-13.
Transitional benefit for single parent	National Insurance Act of 28 February 1997, Chapters 15-6.
Retirement Pension-Old Age Pension: Basic Pension, Supplementary pension, Special supplement, Supplement for Spouse and Children	National Insurance Act of 28 February 1997, Chapter 19,20, 3
Benefits to surviving spouse: Survivors pension, Transitional benefit, Education Benefit, Relocation grant, Child Care Benefit	National Insurance Act of 28 February 1997, Chapter 17,15, 3
Childrens Pension	National Insurance Act of 28 February 1997, Chapter 18
Benefits due to care for a close relative: Pension, Transitional benefit, Education Benefit, Relocation grant	National Insurance Act of 28 February 1997, Chapter 16
Supplementary allowance scheme	Supplementary allowance Act of L29.04.2005 nr. 21
War Pension: Disability pension, Supplement for children, Medical treatment, War Widow's Pension, Childrens Pension	War Pension Act of 13.12.1946 nr 21 War Pension Act of 13.12.1946 nr 22 War pension supplementary Act of 29.06.1951 nr. 34 War Pension supplementary Act of 22.03.1968 nr. 2
Unemployment benefit	National Insurance Act of 28 February 1997, Chap 4.
Individual benefit for people on employment schemes	Act of 10 December 2004 no. 76 relating to Labour Market Services (Labour Market Act)
Stand off Pay Severance Pay	Act of 4 March 1983 no. 3 relating to Civil Service Act.
Wage Guarantee scheme	Act of 10 December 2004 no. 76 relating to Labour Market Services (Labour Market Act)
Basic Benefit	National Insurance Act of 28 February 1997, Chapters 6-3.
Auxiliary benefit	National Insurance Act of 28 February 1997, Chapters 6-4.
Sickness benefit	National Insurance Act of 28 February 1997, Chap 8
Attendance allowance	National Insurance Act of 28 February 1997, Chapters 9-10 - 9-12
Care benefit	National Insurance Act of 28 February 1997, Chapters 9-5 – 9-8
Training allowance	National Insurance Act of 28 February 1997, Chapters 9-5 – 9-8
Work Assessment allowance	National Insurance Act of 28 February 1997, Chap 11
Disability Pension	National Insurance Act of 28 February 1997, Chap 12
Occupational Injury benefit	National Insurance Act of 28 February 1997, Chap 13