SCHEDULE
THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN
IRELAND AND THE GOVERNMENT OF THE REPUBLIC OF CYPRUS
Having established reciprocity in the field of social security by
means of the Agreement between them on Social Insurance signed at Nicosia on
6th October, 1969;
Desiring to extend and modify the scope of that reciprocity and to
take account of changes in their legislation;
Have agreed as follows –
PART 1
General Provisions
Article 1
(1) For
the purpose of this Convention:
“competent authority”
means, in relation to the United Kingdom, the Department of Social Security for
Great Britain, the Department of Health and Social Services for Northern
Ireland, the Department of Health and Social Security of the Isle of Man, the
Social Security Committee of the States of the Island of Jersey or the Guernsey
Social Security Authority as the case may require, and, in relation to the
Republic of Cyprus, the Minister of Labour and Social Insurance;
“competent
institution” means the institution from which the person concerned is
entitled to receive benefit or would be entitled to receive benefit if he were
resident in the territory of the Party where that institution is situated;
“contribution
period” means a period in respect of which contributions appropriate to
the benefit in question are payable, have been paid or treated as paid under
the legislation in question;
“death grant”
means a death grant payable under the legislation of Jersey or Guernsey, or a
funeral grant payable under the legislation of Cyprus;
“dependant”
means a person who would be treated as such for the purpose of any claim for an
increase of benefit in respect of a dependant under the legislation concerned;
“employed person”
means:
(i) except in Articles 20 to 22, a person
who, in the applicable legislation, comes within the definition of an employed person
or of an employed earner or is treated as such and the words “person is
employed” shall be construed accordingly;
(ii) in Articles 20 to
22, a person who is, or who is treated as being, an employed person under the
legislation of Great Britain, Northern Ireland or the Isle of Man, or Cyprus,
or an employed or self-employed person under the legislation of Jersey or
Guernsey;
“employment”
means employment as an employed person and the words “employ”,
“employed” or “employer” shall be construed
accordingly;
“equivalent
period” means a period for which contributions appropriate to the benefit
in question have been credited under the legislation concerned;
“gainfully
occupied” means employed or self-employed;
“Guernsey”
means the Islands of Guernsey, Alderney, Herm and Jethou;
“insurance
authority” means the authority competent to decide entitlement to the
benefit in question;
“insurance
period” means a contribution period or an equivalent period;
“insured”
means that contributions have been paid by, or are payable by, or in respect
of, or have been credited in respect of, the person concerned;
“invalidity
pension” means invalidity pension, additional invalidity pension and
invalidity allowance payable under the legislation of Great Britain, Northern
Ireland or the Isle of Man, invalidity benefit payable under the legislation of
Jersey or Guernsey, and invalidity pension payable under the legislation of
Cyprus;
“Jersey” means
the Island of Jersey;
“legislation”
means in relation to a Party, such of the legislation specified in Article 2
as applies in the territory of that Party or in any part of the territory of
that Party;
“old age
pension” includes, in relation to the United Kingdom, a retirement
pension payable under the legislation of that Party;
“orphan’s
benefit” means guardian’s allowance payable under the legislation
of Great Britain, Northern Ireland, the Isle of Man, or Guernsey, and
orphan’s benefit payable under the legislation of Cyprus;
“pension”,
“allowance” or “benefit” includes any increase of, or
any additional amount payable with, a pension, allowance or benefit
respectively;
“self-employed person”
means a person who, in the applicable legislation, comes within the definition
of a self-employed person or of a self-employed earner or is treated as such,
and the words “person is self-employed” shall be construed
accordingly;
“social
assistance” means income support payable under the legislation of Great
Britain or Northern Ireland and supplementary benefit payable under the
legislation of the Isle of Man;
“Sovereign Base
Areas” means the British Sovereign Base Areas of Akrotiri and Dhekelia;
“statutory maternity
pay” means a payment which an employer must make under the legislation of
Great Britain or Northern Ireland in connection with pregnancy and for a period
before and after confinement;
“statutory sick
pay” means a payment which an employer must make under the legislation of
Great Britain or Northern Ireland in respect of sickness;
“territory”
means, in relation to the United Kingdom, Great Britain, Northern Ireland and
also the Isle of Man, the Island of Jersey, and Guernsey, and in relation to
Cyprus, the Island of Cyprus with the exception of the Sovereign Base Areas,
and references to “Cyprus” and to “the United Kingdom”
shall be construed accordingly;
“widow’s
benefit” means widow’s allowance, widow’s payment, widowed
mother’s allowance and widow’s pension payable under the
legislation of the United Kingdom and, in addition, widowed father’s
allowance payable under the legislation of Jersey and a widow’s pension
payable under the legislation of Cyprus. [1]
(2) Other
words and expressions which are used in this Convention have the meanings
respectively assigned to them in the legislation concerned.
Article 2
(1) The
provisions of this Convention shall apply,
(a) in
relation to the territory of the United Kingdom, to:
(i) the Social
Security Administration Act 1992, the Social Security Contributions and
Benefits Act 1992 and the Social Security (Consequential Provisions)
Act 1992;
(ii) the
Social Security Administration (Northern Ireland) Act 1992, the Social
Security Contributions and Benefits (Northern Ireland) Act 1992 and the Social
Security (Consequential Provisions) (Northern Ireland) Act 1992;
(iii) the Social
Security Acts 1975 to 1992 (Acts of Parliament) as those Acts apply
to the Isle of Man by virtue of Orders made, or having effect as if made, under
the Social Security Act 1982 (an Act of Tynwald);
(iv) the Social Security (Jersey)
Law 1974;
(v) the Social Insurance
(Guernsey) Law 1978;
and the legislation
which was repealed or consolidated by those Acts, Laws or Orders or repealed by
legislation consolidated by them;
(b) in
relation to Cyprus, to:
the Social Insurance
Laws of 1980 to 1993.[2]
(2) Subject
to the provisions of paragraphs (3), (4) and (5) of this Article, this
Convention shall apply also to any legislation which supersedes, replaces,
amends, supplements or consolidates the legislation specified in paragraph (1)
of this Article.
(3) This
Convention shall apply, unless the Parties agree otherwise, only to benefits
described in the legislation specified in paragraph (1) of this Article at
the date of coming into force of this Convention and for which specific
provision is made in this Convention.
(4) This
Convention shall apply to any legislation which relates to a branch of social
security not covered by the legislation specified in paragraph (1) of this
Article, only if the two Parties make an agreement to that effect.
(5) This
Convention shall not apply to Regulations on social security of the Council of
the European Communities or to any convention on social security which either
Party has concluded with a third party or to any laws or regulations which
amend the legislation specified in paragraph (1) of this Article for the
purpose of giving effect to such a convention but shall not prevent either
Party from taking into account under its legislation the provisions of any
other convention which that Party has concluded with a third party.
Article 3
A person subject to the legislation of one Party who becomes
resident in the territory of the other Party shall, together with his
dependants, be subject to the obligations and shall enjoy the advantages of the
legislation of the other Party under the same conditions as a national of that
Party, subject to any special provision of this Convention.
Article 4
(1) Subject
to the provisions of Articles 15 to 23 of this Convention, a person who
would be entitled to receive an old age pension, widow’s benefit,
invalidity pension, or any pension, allowance or gratuity payable in respect of
an industrial injury or industrial disease under the legislation of one Party
if he were in the territory of that Party shall be entitled to receive that
pension, benefit, allowance or gratuity while he is in the territory of the
other Party, or in the Sovereign Base Areas, as if he were in the territory of
the former Party.
(2) Where
under the legislation of one Party, an increase of any benefit for which
specific provision is made in this Convention would be payable for a dependant
if he were in the territory of that Party, it shall be payable while he is in
the territory of the other Party or in the Sovereign Base Areas.
PART II
Provisions which determine
the legislation applicable
Article 5
(1) Subject
to the following provisions of this Article and the provisions of Articles 6
to 10 of this Convention, where a person is gainfully occupied, his liability
to be insured shall be determined under the legislation of the Party in whose territory
he is so occupied.
(2) Where
a person is employed in the territory of both Parties for the same period, his
liability to be insured shall be determined only under the legislation of the
Party in whose territory he is ordinarily resident.
(3) Where
a person is self-employed in the territory of both Parties for the same period,
his liability to be insured shall be determined under the legislation of the
Party in whose territory he is ordinarily resident.
(4) Where
a person is employed in the territory of one Party and self-employed in the
territory of the other Party for the same period, his liability to be insured
shall be determined only under the legislation of the former Party.
(5) For
the purposes of the provisions of paragraphs (3) and (4) of this Article,
“liability to be insured” shall not include liability to pay a
Class 4 contribution under the legislation of the United Kingdom.
(6) Where
a person is not gainfully occupied, any liability to be insured shall be
determined under the legislation of the Party in whose territory he is
ordinarily resident.
Article 6
(1) Where
a person insured under the legislation of one Party and employed by an employer
in the territory of that Party is sent by that employer to work in the
territory of the other Party, the legislation of the former Party concerning
liability for contributions shall continue to apply to him as if he were
employed in the territory of that Party, provided that the employment in the
territory of the other Party is not expected to last for more than three years.
No contributions shall be payable in respect of that employment under the
legislation of the latter Party.[3]
(2) Where
a person is gainfully occupied in the United Kingdom and the legislation of
Cyprus does not apply to him in accordance with paragraph (1) of this Article
or Article 5 of this Convention, the legislation of the United Kingdom
shall apply to him as if he were ordinarily resident in the United Kingdom.
(3) The
following provisions shall apply to any person employed as a member of the
travelling personnel of an undertaking engaged in the transport of passengers
or goods by air, whether for another undertaking or on its own account:
(a) subject to the provisions of sub-paragraphs (b)
and (c) of this paragraph, where a person is employed by an undertaking which
has its principal place of business in the territory of one Party, the
legislation of that Party concerning liability for contributions shall apply to
him as if he were employed in its territory, even if he is employed in the
territory of the other Party;
(b) subject to the provisions of sub-paragraph (c)
of this paragraph, where the undertaking has a branch or agency in the
territory of one Party and a person is employed by that Branch or agency, the
legislation of that Party concerning liability for contributions shall apply to
him;
(c) where a person is ordinarily resident in the
territory of one Party and is employed wholly or mainly in that territory, the
legislation of that Party concerning liability for contributions shall apply to
him, even if the undertaking which employs him does not have its principal
place of business or branch or any agency in that territory.
Article 7
(1) For
the purpose of this Article, “ship or vessel” means, in relation to
a Party, a ship or vessel (other than a ship or vessel belonging to Her
Majesty) which is owned in the territory of that Party or any other ship or
vessel which is registered in that territory and not owned in the territory of
the other Party; and a ship or vessel shall be deemed to be owned in one (or
the other) territory if the owner or, where there is more than one owner, the
managing owner or manager resides or has his principal place of business in
that territory.
(2) Subject
to the provisions of paragraphs (3), (4), (5) and (6) of this Article,
where a person is employed on board any ship or vessel of one Party, the
legislation of that Party concerning liability for contributions shall apply to
him as if any conditions relating to residence were satisfied in his case,
provided that he is ordinarily resident in the territory of either Party.
(3) Where
a person insured under the legislation of one Party and employed either in the
territory of that Party or on board any ship or vessel of that Party, is sent
by an employer in the territory of that Party to work on board a ship or vessel
of the other Party, the legislation of the former Party concerning liability
for contributions shall continue to apply to him provided that his employment
on board the ship or vessel of the latter Party is not expected to last for
more than three years. No contributions shall be payable in respect of that
employment under the legislation of the latter Party.[4]
(4) Where
a person who is not normally employed at sea is employed other than as a member
of the crew, on board a ship or vessel of one Party, in the territorial waters
of, or at port of, the other Party, the legislation of the latter Party
concerning liability for contributions shall apply to him as if any conditions
relating to residence were satisfied in his case, provided that he is
ordinarily resident in the territory of either Party.
(5) Where
a person who is ordinarily resident in the territory of one Party and employed
on board any ship or vessel of the other Party is paid remuneration in respect
of that employment by a person who is ordinarily resident in, or by an
undertaking having its principal place of business in, the territory of the
former Party, the legislation of the former party concerning liability for
contributions shall apply to him as if the ship or vessel were a ship or vessel
of the former Party, and the person or undertaking by whom the remuneration is
paid shall be treated as the employer for the purposes of such legislation.
(6) If
a person is employed as a master or member of the crew of any ship or vessel
belonging to Her Majesty which is stationed in Cyprus, and is not a member of
any of the Armed Forces of the United Kingdom, he shall be insured in relation
to that employment:
(a) only under the legislation of the United
Kingdom if he is ordinarily resident in the United Kingdom;
(b) only under the legislation of Cyprus if he
is ordinarily resident in Cyprus.
Article 8
(1) This
Convention shall not apply to established members of the Diplomatic Service of
either Party or to members of the Armed Forces of either Party.
(2) Subject
to the provisions of paragraph (1) of this Article, where any person, who
is in the Government Service of one Party or in the service of any public
corporation of that Party, is employed in the territory of the other Party, the
legislation of the former Party concerning liability for contributions shall
apply to him as if he were employed in its territory.
(3) Subject
to the provisions of paragraphs (1) and (2) of this Article, where a person
is employed in a diplomatic mission or consular post of one Party in the
territory of the other Party, or in the private service of a member of such a
mission or post, the legislation of the latter Party concerning liability for
contributions shall apply to him as if he were employed in its territory,
unless within three months of the entry into force of this Convention, or
within three months of the beginning of the employment in the territory of the
latter Party whichever is later, he chooses to be insured under the legislation
of the former Party, provided that he was so insured immediately before the
commencement of the employment at that mission or post.
Article 9
For the purpose of applying the provisions of Article 5 to 8
of this Convention, the Sovereign Base Areas shall be treated as if they were
in the territory of Cyprus.
Article 10
The competent authorities of the Parties may agree to modify the
provisions of Articles 5 to 9 of this Convention in respect of particular
persons or categories of persons.
PART III
Special provisions
SECTION
1
Special
provisions relating to the application of the legislation of the United Kingdom
and Cyprus
Article 11
(1) Subject
to paragraph (5) of this Article, for the purpose of determining
entitlement, under the legislation of the United Kingdom, to an old age pension
in accordance with Article 17 of this Convention, to widow’s benefit
in accordance with Article 19, or to any benefit specified in Articles 12
to 14 and Articles 24 to 26, contribution periods or equivalent periods
completed under the legislation of Cyprus before 6 April, 1975 shall be
treated as if they had been contribution periods or equivalent periods
completed under the legislation of the United Kingdom.
(2) Subject
to the provisions of Article 15(3) and of Article 16(2) of this
Convention, for the purpose of calculating an earnings factor for entitlement
to any benefit referred to in Articles 12 to 26 of this Convention and
provided under the legislation specified in article 2(1)(a)(i) and (ii) of this
Convention, a person shall be treated for each week beginning in a relevant tax
year commencing on or after 6 April, 1975, the whole of which week is a
contribution period completed as an employed person under the legislation of
Cyprus, as having paid a contribution as an employed earner on earnings
equivalent to two-thirds of that year’s upper earnings limit.
(3) For
the purpose of determining entitlement, under the legislation of the United
Kingdom, to an old age pension in accordance with Article 17 of this
Convention, to widow’s benefit in accordance with Article 19, or to
any benefit specified in Articles 12 to 14 and Articles 24 to 26,
contribution periods completed as a self-employed person or as a voluntary
contributor or equivalent periods completed under the legislation of Cyprus
after 5 April, 1975 shall be treated as if they had been contribution
periods completed as a self-employed person or as a non-employed person or
equivalent periods completed under the legislation of the United Kingdom.
(4) For
the purpose of determining entitlement to benefit in accordance with Articles 12
to 14 and Articles 17, 19, 25 and 26 of this Convention under the
legislation specified in Article 2(1)(a)(iv) of this Convention,
contribution periods completed as an employed person under the legislation of
Cyprus after 5 April, 1975 shall be treated as if they had been
contribution periods completed as an employed person under the legislation of
Guernsey.
(5) For
the purpose of calculating the appropriate contribution factor to establish entitlement
to any benefit referred to in Articles 12 to 26 of this Convention and
provided under the legislation specified in Article 2(1)(a)(iii) of this
Convention, a person shall be treated:
(a) for each week in a contribution period
completed under the legislation of Cyprus, being a week in the relevant quarter,
as having paid contributions which derive a quarterly contribution factor of
0.077 for that quarter;
(b) for each week in a contribution period
completed under the legislation of Cyprus, being a week in the relevant year,
as having paid contributions which derive an annual contribution factor of
0.0192 for that year;
(c) for each week, the whole of which is an
equivalent period under the legislation of Cyprus, as if a contribution had
been credited to him under the legislation of Jersey in the same manner as a
contribution period is treated under the provisions of sub-paragraphs (a)
and (b) of this paragraph.
(6) For
the purpose of converting insurance periods completed under the legislation of
the United Kingdom before 6 April, 1975, each contribution period or
equivalent period completed under the legislation of the United Kingdom shall
be treated as if it had been a contribution period or an equivalent period
completed under the legislation of Cyprus.
(7) For
the purpose of converting to an insurance period any earnings-factor achieved
under the legislation specified in Article 2(1)(a)(i) and (ii) of this
Convention during any period commencing on or after 6 April, 1975 and
ending on or before 5 October, 1980, the competent authority of the United
Kingdom shall divide the earnings-factor by the lower earnings limit applicable
during that period. The result shall be expressed as a whole number, any
remaining fraction being ignored. The figure so determined, subject to a
maximum of the number of weeks during which the person was subject to that
legislation in that period, shall be treated as representing the number of
weeks in the insurance period completed under that legislation. Each such week
shall be treated as if it had been a week for which a contribution had been
paid or credited, as the case may be, under the legislation of Cyprus.
(8) For
the purpose of converting to an insurance period any earnings-factor achieved
as an employed person in any tax year, or part of a tax year, commencing on or
after 6 October, 1980 under the legislation specified in Article 2(1)(a)(i)
and (ii) of this Convention, the competent authority of the United Kingdom
shall divide the earnings-factor by that year’s lower earnings limit. The
result shall be expressed as a whole number, any remaining fraction being
ignored. The figure so determined, subject to the number of weeks during which
the person was subject to that legislation in that year, or part of that year
as the case may be, shall be treated as representing the number of weeks in the
insurance period completed under that legislation. Each such week shall be
treated as if it had been a week for which insurable earnings equivalent to four
times the weekly basic insurable earnings had been achieved under the
legislation of Cyprus, provided that the total insurable earnings resulting
from such weeks in any one contribution year under the legislation of Cyprus
shall be limited to a maximum of fifty-two times the weekly basic insurable
earnings applicable at the relevant time under the legislation of Cyprus.
(9) For
the purpose of converting to an insurance period any earnings-factor achieved
as a self-employed or as a non-employed person in any tax year, or part of a
tax year, commencing on or after 6 October, 1980 under the legislation
specified in Article 2(1)(a)(i) and (ii) of this Convention, the competent
authority of the United Kingdom shall divide the earnings-factor by that
year’s lower earnings limit. The result shall be expressed as a whole
number, any remaining fraction being ignored. The figure so determined shall be
treated as representing the number of weeks in the insurance period completed
under that legislation. Each such week shall be treated as if it had been a
week for which insurable earnings had been achieved equal to the weekly basic
insurable earnings under the legislation of Cyprus.
(10) For
the purpose of converting to an insurance period any contribution factor
achieved under the legislation specified in Article 2(1)(a)(iii) of this
Convention, the competent authority of the United Kingdom shall:
(a) in the case of a quarterly contribution
factor, multiply the factor achieved by a person in a quarter by thirteen; and
(b) in the case of an annual contribution
factor, multiply the factor achieved by a person in a year by fifty-two.
The result shall be
expressed as a whole number, any remaining fraction being ignored. The figure
so determined, subject to a maximum of the number of weeks during which the person
was subject to that legislation in a quarter or in a year, as the case may be,
shall be treated as representing the number of weeks in the insurance period
completed under that legislation. Each such week shall be treated as a week for
which a contribution had been paid or credited, as the case may be, under the
legislation of Cyprus on insurable earnings equal to the weekly basic insurable
earnings applicable at the relevant time.
(11) For
the purpose of converting insurance periods completed after 5 April, 1975
under the legislation specified in Article 2(1)(a)(iv) of this Convention,
each weekly contribution period or equivalent period completed under the
legislation of that Party shall be treated as if it had been a weekly
contribution period or equivalent period completed under the legislation of
Cyprus on insurable earnings equal to the weekly basic insurable earnings
applicable at the relevant times.
(12) Where
it is not possible to determine accurately the periods of time in which certain
insurance periods were completed under the legislation of one Party, such
periods shall be treated as if they did not overlap with insurance periods
completed under the legislation of the other Party, but they shall be taken
into account to the best advantage of the beneficiary.
(13) For
the purposes of applying the provisions of paragraphs (2) to (5) of this Article
for any period on or after 6 October, 1980, a week of insurance under the
legislation of Cyprus shall be determined by dividing the insurable earnings
for the relevant period by the weekly basic insurable earnings applicable in
the relevant contribution year. Provided that the number of weeks so determined
shall not exceed the number of weeks in the relevant period.
(14) For
the purposes of calculating a supplementary benefit under the legislation of
Cyprus, no account shall be taken of any insurance period completed under the
legislation of the United Kingdom.
SECTION
2
Sickness
benefit and maternity allowance
Article 12
(1) Where
a person has completed a contribution period under the legislation of one Party
since his last arrival in the territory of that Party, or, as the case may be,
in the Sovereign Base Areas, then for the purpose of any claim for sickness
benefit or maternity allowance made under the legislation of that Party, any
insurance period completed under the legislation of the other Party shall,
subject to the provisions of Article 11 of this Convention, be treated as
if it were an insurance period completed under the legislation of the former
Party.[5]
(2) Where
a person is employed in the territory of one Party and the legislation of the
other Party applies to him in accordance with any of the provisions of Articles 5
to 10 of this Convention, he shall be treated under that legislation for the
purpose of any claim to sickness benefit or maternity allowance as if he were
in the territory of the latter party.
(3) Where
a person is employed in the Sovereign Base Areas and the legislation of either
Party applies to him in accordance with any of the provisions of Articles 5
to 10 of this Convention, he shall be treated for the purpose of any right to
receive sickness benefit or maternity allowance under that legislation as if he
were in the territory of that Party.
(4) Subject
to the provisions of paragraphs (5) and (6) of this Article, where a person
would be entitled to sickness benefit or maternity allowance under the
legislation of one Party if he were in the territory of that Party he shall be
entitled to that benefit or allowance while he is in the territory of the other
Party or in the Sovereign Base Areas if:
(a) his condition necessitates immediate
treatment during a stay in the territory of the latter Party or in the Sovereign Base Areas and, within six days of
commencement of incapacity for work or such longer period as the competent
authority or insurance authority may allow, he submits to the competent
authority or insurance authority of the former Party a claim for benefit and
documentary evidence of incapacity for work issued by the doctor treating him;
or
(b) having claimed and become entitled to
sickness benefit or maternity allowance under the legislation of the former
Party, he is authorised by the competent institution to return to the territory
of the Party where he resides or to transfer his residence to the territory of
the other Party or, to return to the Sovereign Base
Areas where he resides, or to transfer his residence to the Sovereign Base
Areas; or
(c) he is authorised by the competent institution
of the former Party to go to the territory of the latter Party or to the Sovereign Base Areas to receive there the treatment
appropriate to his condition.
The authorisation required
in accordance with sub-paragraph (b) of this paragraph may be refused only
if it is established that movement of the person concerned would be prejudicial
to his state of health or the receipt of medical treatment.[6]
(4A) Subject
to the provisions of paragraphs (5) and (6) of this Article, where a person
would, if he were in Great Britain or Northern Ireland, be entitled to
statutory sick pay or statutory maternity pay under the legislation of Great
Britain or Northern Ireland, he shall, provided that he satisfies all the
conditions for entitlement to and payment of sickness benefit or maternity
allowance under the legislation of Great Britain or Northern Ireland, with the
exception of any conditions as to residence and presence in Great Britain or
Northern Ireland, be entitled to that benefit or allowance while he is in the
territory of Cyprus or in the Sovereign Base Areas, if:
(a) his
condition necessitates immediate treatment during a stay in the territory of
Cyprus, or in the Sovereign Base Areas and, within six days of commencement of
incapacity for work, or such longer period as the competent authority or
insurance authority may allow, he submits to the competent authority or
insurance authority of Great Britain or Northern Ireland a claim for benefit
and documentary evidence of incapacity for work issued by the doctor treating
him; or
(b) having
become entitled to statutory sick pay or statutory maternity pay under the
legislation of Great Britain or Northern Ireland, he is authorised by the
competent authority of Great Britain or Northern Ireland to return to the
territory of Cyprus, where he resides, or to transfer his residence to the
territory of Cyprus, or to return to the Sovereign Base Areas where he resides,
or to transfer his residence to the Sovereign Base Areas; or
(c) he is
authorised by the competent authority of Great Britain or Northern Ireland to
go to the territory of Cyprus or to the Sovereign Base Areas, to receive there
the treatment appropriate to his condition.
The authorisation required
in accordance with sub-paragraph (b) of this paragraph may be refused only
if it is established that movement of the person concerned would be prejudicial
to his state of health, or to the receipt of medical treatment.[7]
(5) Where
a person would be entitled to receive sickness benefit under the legislation of
both Parties for the same period of incapacity whether by virtue of the
provisions of this Convention or otherwise, he shall be entitled to receive
sickness benefit only under the legislation of the Party in whose territory the
incapacity began or, where the incapacity began in the Sovereign Base Areas,
under the legislation which applied to him at the time the incapacity began.[8]
(6) Where
a woman would be entitled to receive maternity allowance under the legislation
of both Parties for the same confinement and for the same period whether by
virtue of the provisions of this Convention or otherwise, she shall be entitled
to receive the allowance only under the legislation of the Party in whose
territory she was at the beginning of the period for which the maternity
allowance is payable and where she was in the Sovereign Base Areas at the
beginning of that period she shall be treated as if she was in the territory of
the Party whose legislation applied to her at that time.[9]
(7) Nothing
in this Article shall permit the payment of statutory sick pay or statutory
maternity pay outside the territory of the United Kingdom.[10]
SECTION
3
Maternity
grant under the legislation of Jersey, Guernsey or Cyprus[11]
Article 13
(1) Where
a woman who, at the date of a claim for maternity grant, is insured under the
legislation of one Party, or is the wife of a person so insured, is confined in
the territory of the other Party or in the Sovereign Base Areas, she shall for
the purpose of any right to maternity grant under the legislation of the former
Party, be treated as if she had been confined in the territory of the former
Party.[12]
(2) Where
a person has completed a contribution period under the legislation of one Party
since his last arrival in the territory of that Party, or, as the case may be,
in the Sovereign Base Areas, then for the purpose of any claim for maternity
grant under the legislation of that Party, any insurance period which he has
completed under the legislation of the other Party shall, subject to the
provisions of Article 11 of this Convention, be treated as if it were an
insurance period completed under the legislation of the former Party.[13]
(3) Where
a person is employed in the Sovereign Base Areas and the legislation of one
Party applies to him in accordance with any of the provisions of Articles 5
to 10 of this Convention he shall be treated for the purpose of any claim or
right to receive a maternity grant under that legislation as if he were in the
territory of that Party.
(4) Where,
but for the provisions of this paragraph, a person would be entitled to receive
a maternity grant under the legislation of both Parties in respect of the same
confinement, the grant shall be payable only under the legislation of the Party
in whose territory the confinement took place. Provided that, if the
confinement did not take place in the territory of either Party, the grant
shall be payable under the legislation of the Party under whose legislation she,
or her husband, as the case may be, was last insured.
(5) For
the purposes of this Article, “Party” means Jersey, Guernsey or
Cyprus.[14]
SECTION
4
Unemployment
benefit
Article 14
(1) Subject
to paragraph (2B) of this Article, where a person has, since his last
arrival in the territory of one Party, completed a contribution period under
the legislation of that Party, then for the purpose of any claim for
unemployment benefit made under the legislation of that Party, any insurance
period completed under the legislation of the other Party shall, subject to the
provisions of Article 11 of this Convention, be treated as if it were an
insurance period or period of employment completed under the legislation of the
former Party;
provided that:
(a) periods of insurance or periods of
employment completed under the legislation of Jersey shall not be taken into
account for the purpose of determining entitlement to unemployment benefit
under the legislation of Cyprus; and
(b) periods of insurance or periods of
employment completed under the legislation of Cyprus shall be taken into
account for the purpose of determining entitlement to unemployment benefit only
under the legislation specified in Article 2(1)(a)(i), (ii) and (iv) of
this Convention.[15]
(2) Where
a person claims unemployment benefit under the legislation of one Party by
virtue of paragraph (1) of this Article, any period for which he received
such benefit under the legislation of the other Party shall be taken into
account as if it were a period during which he had received unemployment
benefit under the legislation of the former Party, provided that that period
falls within the last 12 months before the first day for which unemployment
benefit becomes payable under the legislation of the former Party.
(2A) Subject
to paragraph (2B) of this Article, periods of employment in Cyprus shall
be taken into account for the purpose of determining whether a person who has
previously exhausted his right to unemployment benefit under the legislation of
Great Britain, Northern Ireland or the Isle of Man, or Guernsey requalifies for
it.[16]
(2B) The
provisions of this Article shall not apply to a person who claims unemployment
benefit under the legislation of Guernsey and who has not paid 26 contributions
as an employed person under the legislation of Guernsey. [17]
(3) For
the purposes of this Article the word “territory” in relation to
Cyprus means the whole Island of Cyprus, including the Sovereign Base Areas.
SECTION
5
Invalidity
pension
Article 15
(1) Where
a person has been insured under the legislation of both Parties, the insurance
authority of the Party whose legislation was applicable at the time when
incapacity for work followed by invalidity occurred shall determine, in
accordance with its legislation, whether the person concerned satisfied the
conditions for entitlement to invalidity pension taking account, where
appropriate, of any insurance period which that person has completed under the
legislation of the other Party as if it were an insurance period completed
under its legislation.
(2) Where
a person would be entitled to receive for the same incapacity and for the same
period invalidity pension under the legislation of both Parties, or invalidity
pension under the legislation of one Party and sickness benefit under the
legislation of the other Party, whether by virtue of this Convention or
otherwise, he shall be entitled to receive only the invalidity pension or
sickness benefit, as the case may be, payable in accordance with the provisions
of paragraph (1) of this Article, under the legislation of the party to
whose legislation he was subject when the incapacity began.
(3) For
the purpose of determining entitlement to additional pension payable under the
legislation of the United Kingdom, no account shall be taken of any
contribution period completed under the legislation of Cyprus.[18]
SECTION
6
Old
age pension and widow’s benefit
Article 16
(1) Subject
to the provisions of paragraph (3) of this Article, where a person is
entitled to an old age pension (other than the basic pension of a Category B
retirement pension payable to a married woman under the legislation of the
United Kingdom by virtue of the contributions of her husband) under the
legislation of one Party, or under the legislation of any one part of the
territory of a Party, otherwise than by virtue of the provisions of this
Convention, that pension shall be payable and the provisions of Article 17
of this Convention shall not apply under that legislation.[19]
(2) For
the purposes of determining entitlement to additional pension payable under the
legislation of the United Kingdom, no account shall be taken of any
contribution period completed under the legislation of Cyprus. For the purposes
of this Article and Article 17 of this Convention, additional pension
payable under the legislation of the United Kingdom and supplementary pension
payable under the legislation of Cyprus shall be treated as benefits unrelated
to old age pension and the provisions of Article 17 shall not apply to
them.[20]
(3) Entitlement
to an old age pension in the circumstances referred to in paragraph (1) of
this Article shall not preclude either Party from taking into account in
accordance with paragraph (3) of Article 17 of this Convention
insurance periods completed under the legislation of another part of the
territory of that Party or under the legislation of the other Party.
Article 17
(1) The
provisions of this Article shall apply for the purpose of determining
entitlement to old age pension in respect of a person under the legislation of
one Party or the legislation of any one part of the territory of a Party under
which there is no entitlement in respect of that person in accordance with the
provisions of Article 16 of this Convention.
(2) Subject
to the provisions of Article 11 of this Convention, the insurance
authority of that Party or of that one part of the territory of a Party shall
determine:
(a) the amount of the theoretical pension which
would be payable if all the insurance periods completed by that person under
the legislation of both Parties had been completed under its own legislation;
(b) the proportion of such theoretical pension
which bears the same relation to the whole as the total of the insurance
periods completed by him under the legislation of that Party or of that part
bears to the total of all the insurance periods which he has completed under
the legislation of both Parties.
The proportionate amount
thus calculated shall be the rate of pension actually payable to that person by
the competent institution.
(3) For
the purposes of the calculation in paragraph (2) of this Article –
(a) where all the insurance periods completed by
any person under the legislation of –
(i) either Great
Britain, Northern Ireland or the Isle of Man amount to less than one reckonable
or, as the case may be, qualifying year, or relate only to periods before 6
April, 1975 and in aggregate amount to less than 50 weeks; or
(ii) Jersey
amount to less than an annual contribution factor of 1.00; or
(iii) Guernsey
amount to less than 50 weeks;
those periods shall be treated as if they had been completed under
the legislation of any other part of the territory of the United Kingdom under
which a pension is, or if such periods are taken into account would be, payable,
or, where two such pensions are or would be payable under the legislation of
that part which, at the date on which entitlement first arose or arises, is
paying or would pay the greater amount. Where no such pension is or would be
payable by any other part of the territory of the United Kingdom, the periods
shall be treated as if they had been completed under the legislation of Cyprus;
(b) where all the insurance periods completed by
any person under the legislation of Cyprus amount to less than 1.00 insurance
point in the lower part of insurable earnings those periods shall be treated as
if they had been completed under the legislation of that part of the territory
of the United Kingdom under which a pension is, or if such periods are taken
into account would be, payable, or where such a pension is or would be payable
under the legislations of two or more parts of the territory of the United
Kingdom, under the legislation of that part which, at the date on which
entitlement first arose or arises, is paying or would pay the greater or
greatest amount.
(4) For
the purpose of applying the provisions of paragraph (2) of this Article:
(a) the insurance authority of the United
Kingdom shall take account only of insurance periods (completed under the
legislation of either Party) which would be taken into account for the
determination of pensions under the legislation of the United Kingdom if they
were completed under that legislation, and in relation to a woman shall where
appropriate take into account in accordance with that legislation insurance
periods completed by her husband;
(b) no account shall be taken of any graduated
contributions paid under the legislation of the United Kingdom before 6
April, 1975 and the amount of any graduated benefit payable by virtue of
such contributions shall be added to the amount of any pension payable in
accordance with paragraph (2) of this Article under that legislation;
(c) no
account shall be taken of the following benefits payable under the legislation
of Great Britain, Northern Ireland or the Isle of Man:
(i) any increase of
benefit payable by virtue of deferred retirement or deferred entitlement;
(ii) any
invalidity allowance payable;
but any such benefit
shall be added to the amount of any benefit payable under that legislation in
accordance with paragraph (2) of this Article;
(d) where a compulsory insurance period
completed under the legislation of one Party coincides with a voluntary
insurance period completed under the legislation of the other Party, only the
compulsory insurance period shall be taken into account, provided that the
amount of pension payable under the legislation of the latter Party under the
provisions of paragraph (2) of this Article shall be increased by the
amount by which the pension payable under the legislation of that Party would
have been increased if all voluntary contributions paid under that legislation
had been taken into account;
(e) where a contribution period completed under
the legislation of one Party coincides with an equivalent period completed
under the legislation of the other Party, only the contribution period shall be
taken into account;
(f) where an equivalent period completed
under the legislation of one Party coincides with an equivalent period
completed under the legislation of the other Party, account shall be taken only
of the equivalent period completed under the legislation under which the
insured person was last insured before the day when the periods in question
began or, if he was never insured before that day, under the legislation under
which he first became insured after the day when the periods in question ended.[21]
(5) For
the purpose of applying the provisions of paragraphs (1) to (4) of this Article,
no account shall be taken under the legislation of Cyprus of any contribution
paid or credited under the legislation of the United Kingdom for any period
which ended before 7 January, 1957.
(6) No
account shall be taken of any contributions paid after entitlement to an old
age pension arises under the legislation of Cyprus, but any increase in benefit
which is payable by virtue of such contributions under the legislation of
Cyprus shall be paid in addition to any benefit which is calculated in
accordance with the provisions of this Article.
(7) Where
in accordance with the legislation of Cyprus, a woman claims an old age
pension, that Party shall take into account, where appropriate, insurance
periods completed by her husband under the legislation of either Party.
Article 18[22]
Where a person does not
simultaneously satisfy the conditions for entitlement to an old age pension
under the legislation of both Parties, his entitlement from each Party shall be
established as and when he satisfies the conditions applicable under the
legislation of that Party, taking account, where appropriate, of the provisions
of Article 17 of this Convention.
Article 19
The provisions contained in Article 16 to 18 of this
Convention shall apply, with such modifications as the differing nature of the
benefits shall require, to widow’s benefit.
SECTION
7
Benefits
for industrial injuries and diseases
Article 20
(1) Where
a person is employed in the territory of one Party and the legislation of the
other Party applies to him in accordance with any of the provisions of Articles 5
to 10 of this Convention he shall be treated under that legislation for the
purpose of any claim for benefit in respect of an industrial accident or an
industrial disease contracted during that employment, as if the accident had
occurred or the disease had been contracted in the territory of the latter
Party. Where benefit would be payable in respect of that claim if the person
were in the territory of the latter Party, it shall be payable while he is in
the territory of the former Party.
(2) Where
a person sustains an accident after he leaves the territory of one Party to go
in the course of his employment to the territory of the other Party but before he
arrives in the latter territory, then, for the purpose of any claim for benefit
in respect of that accident:
(a) the accident shall be treated as if it
occurred in the territory of the Party whose legislation applied to him at the
time the accident occurred; and
(b) his absence from the territory of that Party
shall be disregarded in determining whether his employment was as an employed person
under that legislation.
(3) Where
because of a death resulting from an industrial accident or an industrial
disease, a benefit would be payable under the legislation of one Party in
respect of a child if that child were in the territory of that Party, that
benefit shall be payable while the child is in the territory of the other
Party.
(4) For
the purposes of this Article, the word “territory” in relation to
Cyprus means the whole Island of Cyprus, including the Sovereign Base Areas.
Article 21
(1) Where
a person has sustained an industrial injury or contracted an industrial
disease, in respect of which the legislation of one Party applies, and later
sustains an industrial injury or contracts an industrial disease in respect of
which the legislation of the other Party applies, then for the purpose of
determining the degree of his disablement under the legislation of the latter
Party, account shall be taken of the former injury or disease as if the legislation
of the latter Party applied to it.
(2) Where
a person contracts an industrial disease, after having been employed in the
territory of only one Party in an occupation to which, under the legislation of
that Party, the disease may be attributed, the legislation of that Party shall
apply in his case, even if the disease is first diagnosed in the territory of
the other Party. This shall apply also in relation to any aggravation of the
disease, provided that the person has not in the meantime been further exposed
to the same risk in the territory of the latter Party.
(3) Where
a person contracts an industrial disease, after having been employed in the
territories of both Parties in an occupation to which, under the legislation of
both Parties, the disease may be attributed and he would be entitled to receive
benefit in respect of that disease under the legislation of both Parties,
whether by virtue of this Convention or otherwise, the benefit shall be payable
only under the legislation of the Party in whose territory he was last employed
in that occupation before the disease was diagnosed.
(4) Where
a person has suffered an aggravation of an industrial disease for which benefit
has been paid in accordance with the provisions of paragraph (2) or (3) of
this Article, the following provisions shall apply:
(a) if the person has not had further employment
in an occupation to which the disease or the aggravation may be attributed, or
has had such employment only in the territory of the Party under whose
legislation benefit has been paid, any additional benefit to which he may
become entitled as a result of such aggravation shall be payable only under
that legislation;
(b) if the person makes a claim under the
legislation of the Party in whose territory he is employed on the grounds that he
has suffered an aggravation of the disease while he was employed in the
territory of that Party in an occupation to which, under the legislation of
that Party, the aggravation may be attributed, the competent institution of
that Party shall be liable to pay benefit only in respect of the aggravation as
determined under the legislation of that Party.
(5) For
the purpose of applying the provisions of this Article to a person who is or
has been employed in the Sovereign Base Areas, that person shall be treated as
being, or having been, in the territory of the Party to whose legislation he
is, or was, subject at the relevant time.
Article 22
(1) Where,
but for the provisions of this Article, and subject to the provisions of Article 21(4)(b)
of this Convention a person would have been entitled to any benefit payable in
respect of an industrial injury or disease under the legislation of both
Parties, that benefit shall be granted exclusively under the legislation of the
territory in which the person was last employed.
(2) The
provisions of paragraph (5) of Article 21 of this Convention shall
also apply to this Article.
Article 23
A person shall not be entitled, whether by virtue of this
Convention or otherwise, to sickness benefit, invalidity pension or maternity
allowance under the legislation of one Party for any period during which he is
entitled to benefit under the legislation of the other Party in respect of
incapacity for work which results from an industrial accident or disease.
SECTION
8
Death
grant under the legislation of Jersey, Guernsey or Cyprus[23]
Article 24
For the purpose of any claim for death grant under the legislation
of one Party any insurance period completed under the legislation of the other
Party shall, subject to the provisions of Article 11 of this Convention,
be treated as if it were an insurance period completed under the legislation of
the former Party.
Article 25
(1) Where
a person dies in the territory of one Party or in the Sovereign Base Areas, his
death shall be treated, for the purpose of any claim for a death grant under
the legislation of the other Party, as it if had occurred in the territory of
the latter Party.
(2) For
the purpose of a claim for a death grant under the legislation of one Party, a
claimant who is in the territory of the other Party or in the Sovereign Base
Areas shall be treated as if he were in the territory of the former Party.
(3) Where
there would be entitlement to death grant under the legislation of both
Parties, whether by virtue of this Convention or otherwise, in respect of a
death:
(a) the grant shall be payable only under the
legislation of the Party in whose territory the death occurs; or
(b) if the death does not occur in the territory
of either Party, the grant shall be payable only under the legislation of the
Party under whose legislation the person on whose insurance the right to the
grant is determined was last insured before the death.
Article 25A[24]
For the purposes of this
Section, “Party” means Jersey, Guernsey or Cyprus.
SECTION
9
Orphan’s
benefit
Article 26
(1) For
the purpose of any claim for orphan’s benefit under the legislation of
one Party any insurance period or period of presence completed under the
legislation of or in the territory of the other Party as the case may be, shall
be treated as if it were respectively an insurance period or period of presence
completed under the legislation of or in the territory of the former Party.
(2) When
orphan’s benefit would be payable to a person under the legislation of
one Party if that person or the orphan for whom the benefit is claimed were
ordinarily resident in the territory of that Party, it shall be paid while that
person, or the orphan, is ordinarily resident in the territory of the other
Party.
(3) Where,
but for the provisions of this paragraph a person would be entitled to receive
orphan’s benefit under the legislation of both Parties in respect of the
same orphan, whether by virtue of this Convention or otherwise, he shall be
entitled to receive benefit only under the legislation of the Party in whose
territory the orphan is ordinarily resident.
(4) For
the purposes of this Article, periods of presence completed in the Sovereign
Base Areas shall be treated as if they had been completed in Cyprus.
SECTION
10
Recovery
of advance payments and overpayments of benefit
Article 27
(1) Where
a competent institution of one Party has made a payment of any benefit to a person
for any period or event in advance of the period or event to which it relates
or has paid him any benefit for a period or event, whether by virtue of the
provisions of this Convention or otherwise, and the insurance authority of the
other Party afterwards decides that the person is entitled to benefit for that
period or event under its legislation, the competent institution of the latter
Party, at the request of the competent institution of the former Party, shall
deduct from the benefit due for that period or event under its legislation any
overpayment which, by virtue of the provisions of this Convention, results from
the advance payment or benefit paid by the competent institution of the former
Party and shall transmit this sum to the competent institution of the former
Party.
(2) Where
a person has received social assistance under the legislation of the United
Kingdom for a period for which that person subsequently becomes entitled to any
benefit under the legislation of Cyprus, the competent institution of Cyprus,
at the request of and on behalf of the competent institution of the United
Kingdom, shall withhold from the benefit due for that period, the amount by
which the social assistance paid exceeded what would have been paid had the
benefit under the legislation of Cyprus been paid before the amount of United
Kingdom social assistance was determined, and shall transfer the amount
withheld to the competent institution of the United Kingdom.[25]
PART IV
Miscellaneous provisions
Article 28
(1) The
competent authorities of the two Parties shall establish the administrative
measures necessary for the application of this Convention.
(2) The
competent authorities of the two Parties shall communicate to each other, as
soon as possible, all information about the measures taken by them for the
application of this Convention or about changes in their national legislation
in so far as these changes affect the application of the provisions of this
Convention.
Article 29
(1) The
competent authorities, insurance authorities and competent institutions of the two
Parties shall assist one another on any matter relating to the application of
this Convention as if the matter were one affecting the application of their
own legislation. This assistance shall be free of charge.
(2) Where
any benefit is payable under the legislation of one Party to a person in the
territory of the other Party, the payment may be made by the competent
institution of the latter Party, at the request of the competent institution of
the former Party.
(3) Where
a person who is in the territory of one Party has claimed benefit under the
legislation of the other Party and a medical examination is necessary, the
competent institution of the former Party, at the request of the competent
institution of the latter Party, shall arrange for this examination. The cost
of such examination shall be met by the competent institution of the former
Party.
Article 30
(1) Where
the legislation of one Party provides that any certificate or other document
which is submitted under the legislation of that Party shall be exempt, wholly
or partly, from any taxes, legal dues, consular fees or administrative charges,
that exemption shall apply to any certificate or other document which is
submitted under the legislation of the other Party or under the provisions of
this Convention.
(2) All
statements, documents and certificates of any kind required to be produced for
the purposes of this Convention shall be exempt from authentication by
diplomatic or consular authorities.
Article 31
No certificate, document or statement of any kind written in an
official language of either Party shall be rejected on the grounds that it is
written in a foreign language.
Article 32
(1) Any
claim or appeal which should, for the purposes of the legislation of one Party,
have been submitted within a prescribed period to the insurance authority or
the competent authority of that Party, shall be treated as if it had been
submitted to that insurance authority or competent authority if it is submitted
within the same period to an insurance authority or competent authority of the
other Party.[26]
(2) Any
claim for benefit submitted under the legislation of one Party shall be deemed
to be a claim for the corresponding benefit under the legislation of the other
Party insofar as this corresponding benefit is payable in accordance with the
provisions of this Convention.
Article 33
(1) Payment
of any benefit in accordance with the provisions of this Convention may be made
in the currency of the Party whose competent institution makes the payment and
any such payment shall constitute a full discharge of the obligation in respect
of which payment has been made.
(2) Where
the competent institution of one Party has made a payment of benefit on behalf
of the competent institution of the other Party in accordance with the
provisions of Article 29(2) of this Convention any reimbursement of the
amounts paid by the competent institution of the former Party shall be in the
currency of the latter Party.
Article 34
(1) Any
dispute between the competent authorities of the two Parties about the
interpretation or application of this Convention shall be resolved through
agreement between the competent authorities of each Party.
(2) If
any such dispute cannot be resolved in this manner, it shall be submitted at
the request of either Party, to an arbitration tribunal which shall be composed
in the following manner:
(a) each Party shall appoint an arbitrator
within one month from receipt of the demand for arbitration. The two
arbitrators shall appoint a third arbitrator who shall not be a national of
either Party, within two months from the date on which the Party which was the
last to appoint its arbitrator has notified the other Party of the appointment;
(b) if within the prescribed period either Party
should fail to appoint an arbitrator, the other Party may request the President
of the International Court of Justice or, in the event of his having the
nationality of one of the Parties, the Vice-President or next senior judge of
that Court not having the nationality of either Party, to make the appointment.
A similar procedure shall be adopted at the request of either Party if the two
arbitrators cannot agree on the appointment of the third arbitrator.
(3) The
decision of the arbitration tribunal shall be by majority vote. Its decision
shall be binding on both Parties. The costs of the arbitration tribunal shall
be borne equally by the two Parties. The arbitration tribunal shall determine
its own rules of procedure.
PART V
Transitional and final provisions
Article 35
(1) Upon
the entry into force of this Convention the Agreement on Social Insurance
signed at Nicosia on 6 October, 1969 (“the 1969
Agreement”) shall terminate.
(2) Any
right to benefit acquired by a person in accordance with the provisions of
the 1969 Agreement shall be maintained, and any rights in course of
acquisition under that Agreement at the date of the entry into force of this
Convention shall be settled in accordance with the provisions of this Convention.
For the purpose of this paragraph, “any right to benefit acquired”
includes any right which a person would have had but for his failure to claim
the benefit timeously.
(3) Benefit,
other than lump sum payments, shall be payable in accordance with the provisions
of this Convention in respect of events which happened before the date of its
entry into force, except that an accident which occurred or a disease which
developed before that date shall not, solely by virtue of this Convention, be
treated as an industrial accident or disease if it would not have been so
treated under any legislation or Convention having effect at the time of its
occurrence or development. For the purpose of determining claims in accordance
with the provisions of this Convention, account shall be taken of insurance
periods and periods of residence, employment or presence, completed before the
date of its entry into force.
(4) Paragraph (3)
of this Article shall not confer any right to receive payment of benefit for
any period before the date of the entry into force of this Convention.
(5) For
the purpose of applying the first sentence of paragraph (3) of this Article:
(a) any right to benefit acquired by a person in
accordance with the provisions of the 1969 Agreement may, at the request
of the person concerned, be determined afresh in accordance with the provisions
of this Convention from the date of entry into force of this Convention,
provided that the request has been made within two years after that date;
(b) where the request for the benefit to be
determined afresh is made more than two years after the date of entry into
force of this Convention payment shall be made from the date determined under
the legislation concerned.
Article 36
This Convention shall be ratified and the instruments of
ratification shall be exchanged in London as soon as possible. The Convention
shall enter into force on the first day of the third month following the month
in which the instruments of ratification are exchanged.
Article 37
This Convention shall remain in force for an indefinite period.
Either Party may denounce it at any time by giving six months’ notice in
writing to the other Party.
Article 38
In the event of the termination of this Convention, any right to
benefit acquired by a person in accordance with its provisions shall be
maintained and negotiations shall take place for the settlement of any other
rights then in course of acquisition by virtue of its provisions.
In witness whereof the undersigned,
duly authorised thereto by their respective Governments, have signed this
Convention.
Done in duplicate at Nicosia
this 18th day of December, 1982, in the English and Greek languages,
both texts being equally authoritative.
|
For the Government of the
United Kingdom of Great Britain and Northern Ireland:
|
For the Government of
the Republic of Cyprus:
|
|
HUGH ROSSI
|
PAVLOS PAPAGEORGIOU
|