SCHEDULE
(Article 1)
CONVENTION ON SOCIAL
SECURITY BETWEEN THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND
THE KINGDOM OF THE NETHERLANDS
The
United Kingdom of Great Britain and Northern Ireland and the Kingdom of the
Netherlands having established reciprocity in the field of social security by
means of the Convention on Social Security between the United Kingdom and the
Kingdom of the Netherlands, signed at The Hague on 11 August 1954;
Wishing
to consolidate the above Convention and its extension and modification into a
single document;
Wishing
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 Definitions
(1) For
the purpose of this Convention the following definitions apply, except where
the context otherwise requires:
(a) Countries
“Guernsey”
means the Islands of Guernsey, Alderney, Herm and Jethou;
“Jersey” means
the Island of Jersey;
“Netherlands”
means the Kingdom of the Netherlands;
“territory”
means –
(i) in relation to
the United Kingdom, Great Britain, Northern Ireland and also the Isle of Man,
Jersey and Guernsey, and references to the “United Kingdom” or to “territory”
in relation to the United Kingdom shall include the Isle of Man, Jersey and
Guernsey, where appropriate, or
(ii) in
relation to the Netherlands, the territory in Europe.
(b) General
definitions
“competent authority”
means –
(i) in relation to
the territory of the United Kingdom, the Department for Work and Pensions for
Great Britain, the Commissioners of the Inland Revenue, or their authorized
representative, the Department for Social Development for Northern Ireland, the
Department of Health and Social Security of the Isle of Man, the Employment and
Social Security Committee of the States of Jersey or the Social Security
Department of the States of Guernsey as the case may require, and
(ii) in
relation to the Netherlands, the Minister for Social Affairs and Employment;
“competent
institution” means, in relation to the Netherlands, any institution or
authority responsible for administering all or part of the legislation
specified in Article 3(1)(b);
“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
concerned;
“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 for the
purposes of Article 25, a person who, under the applicable legislation,
comes within the definition of an employed earner or of an employed person or
is treated as such, and the words “person is employed” shall be
construed accordingly, or
(ii) or
the purposes of Article 25, a person who, under the legislation of Great
Britain, Northern Ireland or the Isle of Man, comes within the definition of an
employed earner or of an employed person or is treated as such, or an employed
or self-employed person under the legislation of Jersey or Guernsey, and the
words “person is employed” shall be construed accordingly;
“employment”
means employment as an employed person and the words “employ”, “employed”
or “employer” shall be construed accordingly;
“equivalent period”
means, in relation to the United Kingdom, a period for which contributions
appropriate to the benefit in question have been credited under the legislation
of that Party;
“former Convention”
means the Convention on Social Security between the Kingdom of the Netherlands
and the United Kingdom of 11 August 1954;
“gainfully
employed” means employed or self-employed;
“Implementing
Regulation” means the Regulation (EEC) No 574/72 of the Council laying
down the procedure for implementing Regulation (EEC) No 1408/71 on the
application of social security schemes to employed persons, to self-employed
persons and to members of their families moving within the Community, including
its application to the European Economic Area, and includes amendments and
adaptations from time to time applicable thereto;
“income tax
year” means, in relation to the United Kingdom, the twelve months
beginning with 6 April in any year;
“insurance authority”
means the authority competent to decide entitlement to the benefit in question;
“insurance
period” means, in relation to the United Kingdom, a contribution period
or an equivalent period and, in relation to the Netherlands, an insurance
period completed under the legislation of the Netherlands;
“insured”
means, in relation to the United Kingdom, that contributions have been paid by,
or are payable by, or in respect of, or have been credited in respect of, the
person concerned;
“legislation”
means, in relation to a Party, such of the legislation specified in Article 3
as applies in the territory of a Party, or in any part of the territory of that
Party;
“Party” means,
unless otherwise defined in the Convention, the United Kingdom or the
Netherlands;
“pension”, “allowance”
or “benefit” includes any increases of, or any additional amount
payable with, a pension, allowance or benefit respectively, by virtue of the
legislation as defined in Article 3;
“qualifying year”
means –
(i) in relation to
Great Britain, Northern Ireland or the Isle of Man, at least fifty weeks of
insurance for periods before 6 April 1975, or that the person has
received, or been treated as having received, earnings of at least fifty-two
times the lower earnings limit in an income tax year after 5 April 1978
under the legislation of Great Britain, Northern Ireland or the Isle of Man, or
(ii) in
relation to Jersey, an annual contribution factor of 1.00 under the legislation
of Jersey, or
(iii) in
relation to Guernsey, an insurance period of not less than fifty weeks under
the legislation of Guernsey;
“reckonable
year” means, in relation to Great Britain, Northern Ireland or the Isle
of Man, an income tax year between 6 April 1975 and 5 April 1978
during which contributions have been paid on earnings received, or treated as
received, of at least fifty times the lower earnings limit for that year;
“refugee”
means a person as referred to in Article 1 of the Convention on the Status
of Refugees, done at Geneva on 28 July 1951 and the Protocol relating to the
Status of Refugees, done at New York on 31 January 1967;
“Regulation EEC
1408/71” means the Regulation (EEC) No 1408/71 of the Council on the
application of social security schemes to employed persons, to self-employed
persons and to members of their families moving within the Community, including
its application to the European Economic Area, and includes amendments and
adaptations from time to time applicable thereto;
“seasonal worker”
means a person subject to the legislation of Jersey or Guernsey who goes to the
Netherlands after carrying out in the former territory for an employer or
undertaking with a place of business there, employment of a seasonal character
which depends on the cycle of the seasons and which recurs automatically each
year, and the duration of which cannot in any case exceed eight months, and who
remains in that territory for the duration of that employment;
“self-employed
person” means a person who, in the applicable legislation, comes within
the definition of a self-employed earner or of a self-employed person or is
treated as such, and the words “person is self-employed” shall be
construed accordingly;
“ship or vessel”
means any ship or vessel whose port of registry is a port in either territory,
or a hovercraft which is registered in either territory, and whose owner (or
managing owner if there is more than one owner) resides in, or has a place of
business in, either territory;
“stateless person”
means a person as referred to in Article 1 of the Convention relating to
the Status of Stateless Persons, done at New York on 28 September 1954;
(c) Old
Age, Death, Survivors and Invalidity Pensions or Benefits
“additional pension” payable under the legislation of Great
Britain, Northern Ireland or the Isle of Man means any additional pension based
on the payment of insurance contributions above the level required for
entitlement to basic pension;
“Category A retirement pension” means either, or both, a
basic retirement pension and an additional pension based on a person's own
insurance contributions or, for certain persons whose marriages have ended by
divorce or widowhood, or for certain persons whose civil partnerships have
ended by dissolution or by the death of a civil partner, a basic retirement
pension based on the former spouse’s or civil partner’s insurance
contributions, payable under the legislation of Great Britain, Northern Ireland
or the Isle of Man, and an old age pension based on a person's own
contributions or, for certain persons whose marriages have ended by divorce or
widowhood, based on the former spouse’s contributions, payable under the
legislation of Jersey or Guernsey;
“Category B retirement pension” means a basic retirement
pension payable to a married person or civil partner on the spouse’s or
civil partner’s contributions or, for a widow, widower or surviving civil
partner, either, or both, a basic retirement pension and an additional pension
based on the late spouse’s or civil partner’s contributions,
payable under the legislation of Great Britain, Northern Ireland or the Isle of
Man, and an old age pension payable under the legislation of Jersey or Guernsey
to a married woman by virtue of her husband’s contributions while he is
alive;
“survivor’s benefit” means –
(i) bereavement
payment, bereavement allowance, and widowed parent's allowance payable under
the legislation of Great Britain, Northern Ireland, or the Isle of Man, or
(ii) widow’s
payment, widowed mother’s allowance and widow’s pension payable
under the legislation of Great Britain, Northern Ireland or the Isle of Man, or
(iii) survivor’s
allowance, and survivor’s pension payable under the legislation of
Jersey, or
(iv) bereavement
payment, widowed parent’s allowance and bereavement allowance payable
under the legislation of Guernsey, or
(v) widow’s or
widower’s pension payable under the legislation of the Netherlands.
“invalidity benefit”
means –
(i) long-term
incapacity benefit, additional pension, invalidity allowance and incapacity age
addition payable under the legislation of Great Britain, Northern Ireland or
the Isle of Man, or
(ii) invalidity
benefit payable under the legislation of Guernsey, or
(iii) invalidity
benefit, long term incapacity allowance or invalidity pension payable under the
legislation of Jersey, or
(iv) invalidity
pension payable under the legislation of the Netherlands;
“retirement pension”
means retirement pension or old age pension payable under the legislation of
either Party;
(d) Employment
accidents and diseases
“benefits for
industrial accidents and industrial diseases” means –
(i) a pension or
benefit payable to a person for loss of physical or mental faculty as a result
of an industrial accident or an industrial disease arising out of, and in the
course of, employed earner’s employment under the legislation of Great
Britain, Northern Ireland or the Isle of Man, or
(ii) a
benefit payable to a person for personal injury or for loss of physical or
mental faculty as a result of an accident arising out of, and in the course of,
an insured person's employment or self-employment, or an industrial disease
under the legislation of Jersey or Guernsey.
(e) Sickness
insurance and maternity benefits
“maternity
allowance” means maternity allowance payable under the legislation of
either Party;
“sickness
benefit” means –
(i) short-term incapacity
benefit at the lower, higher or long-term rate payable under the legislation of
Great Britain, Northern Ireland or the Isle of Man, or
(ii) sickness
benefit and industrial injury benefit payable under the legislation of
Guernsey, or
(iii) short
term incapacity allowance payable under the legislation of Jersey, or
(iv) sickness
benefit payable under the legislation of the Netherlands.
(f) Unemployment
“unemployment
benefit” means unemployment benefit or contribution-based jobseeker's
allowance payable under the legislation of Great Britain, Northern Ireland or
the Isle of Man, or unemployment benefit payable under the legislation of
Guernsey or the Netherlands.
(g) Child
benefits
“child
benefits” means child benefit or family allowance payable under the
legislation of either Party.
(h) Social
assistance
“social assistance”
means income support and income-based jobseeker’s allowance payable under
the legislation of Great Britain, Northern Ireland or the Isle of Man and
social assistance payable under the legislation of the Netherlands.
(2) Other
words and expressions, which are used in this Convention, have the meaning
respectively assigned to them in the legislation concerned.
(3) Any
reference in this Convention to an “Article” means an Article of
this Convention, and any reference to a “paragraph” is a reference
to a paragraph of the Article in which the reference is made, unless it is
stated to the contrary.
Article 2 Persons
covered
Subject to Article 33,
this Convention shall apply:
(a) as
regards relations between Great Britain, Northern Ireland and the Netherlands,
only to persons to whom, in relation to a specific event or circumstance,
Regulation EEC 1408/71 and the Implementing Regulation do not apply, or do not
become applicable, and who are, or have been subject to the legislation of one
or both Parties, to members of their families and to their survivors, and
(b) as
regards relations between Jersey, Guernsey, the Isle of Man and the
Netherlands, to persons who are, or have been, subject to the legislation of
one or both Parties, to members of their families and to their survivors.
Article 3 Scope
of legislation
(1) 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, the Social Security (Consequential Provisions)
Act 1992, the Social Security (Incapacity for Work) Act 1994, the Jobseekers
Act 1995, the Social Security Act 1998, the Social Security
Contributions (Transfer of Functions, etc.) Act 1999 and the Welfare
Reform and Pensions Act 1999,
(ii) the
Social Security Administration (Northern Ireland) Act 1992, the Social
Security Contributions and Benefits (Northern Ireland) Act 1992, the Social
Security (Consequential Provisions) (Northern Ireland) Act 1992, the Social
Security (Incapacity for Work) (Northern Ireland) Order 1994, the Jobseekers
(Northern Ireland) Order 1995 the Social Security (Northern Ireland)
Order 1998, the Social Security Contributions (Transfer of Functions,
etc.) (Northern Ireland) Order 1999 and the Welfare Reform and Pensions
(Northern Ireland) Order 1999,
(iii) the Social
Security Administration Act 1992, the Social Security Contributions and
Benefits Act 1992, the Social Security (Consequential Provisions)
Act 1992, the Social Security (Incapacity for Work) Act 1994, the Jobseekers
Act 1995, the Social Security Act 1998 and the Welfare Reform and
Pensions Act 1999 (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 2000 (an Act of Tynwald),
(iv) the Social
Insurance (Guernsey) Law, 1978,
(v) the Social Security
(Jersey) Law, 1974;
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 the Netherlands, to:
(i) the legislation
concerning sickness insurance providing for benefits in cash, including
maternity,
(ii) the
legislation concerning the liability of an employer in respect of sickness
benefits,
(iii) the legislation
concerning old age, invalidity and survivor's insurance,
(iv) the
legislation concerning unemployment insurance,
(v) the legislation
concerning child benefits;
and for the application
of Articles 8 and 9 also the legislation on sickness insurance providing
for benefits in kind.
(2) Subject
to paragraphs (3) and (4), this Convention shall apply also to any
legislation which supersedes, replaces, amends, supplements or consolidates the
legislation specified in paragraph (1).
(3) This
Convention shall apply, unless the Parties agree otherwise, only to benefits
under the legislation specified in paragraph (1) at the date of entry into
force of this Convention and for which specific provision is made in this
Convention.
(4) This
Convention shall not affect rights and obligations created by legislation on
social security adopted on the basis of the Treaty establishing the European
Economic Community done at Rome on 25 March 1957, as amended, the
Agreement on establishing the European Economic Area done at Oporto on 2 May 1992
and made between the European Community, its Member States and the Member
States of the European Free Trade Association, and any amendments or
modifications thereto, or apply 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) for the purpose of
giving effect to such a convention, but shall not prevent either Party taking
into account under its legislation the provision of any other convention which
that Party has concluded with a third party.
Article 4 Equal
treatment
A person to whom this
Convention applies, while he is in the territory of one Party, shall enjoy the
provisions of the legislation of the other Party under the same conditions as a
national of that Party, subject to the special provisions of this Convention.
Article 5 Refugees
and stateless persons
This Convention shall
apply to refugees and stateless persons who are residing in the territory of
either Party. It shall apply under the same conditions to members of their
families, and to their survivors, with respect to the rights they derive from
those refugees or stateless persons.
Article 6 Provisions
for the export of benefit
(1) Subject
to Articles 16, 18 to 25 and Article 30 a person who would be
entitled to receive a retirement pension, survivor’s benefit, invalidity
benefit or any pension or benefit payable in respect of an industrial accident
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 or benefit
while he is in the territory of the other Party, as if he were in the territory
of the former Party.
(2) Subject
to Article 15(3) and (5), a person who continues to be entitled to receive
sickness benefit under the legislation of Great Britain, Northern Ireland or
the Isle of Man while he is in the Netherlands may, after having received, or
been deemed to have received, 364 days sickness benefit, become entitled to
receive invalidity benefit under the legislation of Great Britain, Northern
Ireland or the Isle of Man while he is in the Netherlands, provided that he
continues to satisfy the insurance authority of the former Party that he
remains incapable of work.
(3) Subject
to Article 15(3) to (5), a person who continues to be entitled to receive
sickness benefit under the legislation of Jersey while he is in the Netherlands
may, after having received, or been deemed to have received, 364 days sickness
benefit, become entitled to receive long term incapacity allowance under the
legislation of Jersey provided that he continues to satisfy the insurance
authority of Jersey of a loss of physical or mental faculty.
(4) Subject
to Article 15(3) to (5), a person who continues to be entitled to receive
sickness benefit or industrial injury benefit under the legislation of Guernsey
while he is in the Netherlands may, after having received, or been deemed to
have received, 156 days sickness benefit or industrial injury benefit, become
entitled to receive invalidity benefit under the legislation of Guernsey while
he is in the Netherlands, provided that he continues to satisfy the insurance
authority of Guernsey that he remains incapable of work.
(5) Where,
under the legislation of one Party, an increase of any of the benefits 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.
(6) Paragraph
1 does not apply to the Netherlands’ Supplementary Benefits Act of 6
November 1987 or the Netherlands’ Disablement Assistance Act for
Handicapped Young Persons of 24 April 1997.
PART II
PROVISIONS WHICH DETERMINE
THE LEGISLATION APPLICABLE CONCERNING CONTRIBUTION LIABILITY
Article 7 General
provisions
(1) Subject
to paragraphs (2) to (11) and Articles 8 to 13, where a person is
gainfully employed, he shall be subject only to the legislation of the Party in
whose territory he is so employed.
(2) Where
a person is employed in the territory of both Parties for the same period, he
shall be subject only to 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,
he shall be subject only to 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, he shall be subject only to the
legislation of the former Party.
(5) No
provision of this Article shall affect a person's liability to pay a Class 4
contribution under the legislation of Great Britain, Northern Ireland or the
Isle of Man.
(6) Where
a person is not gainfully employed, he shall be subject only to the legislation
of the Party in whose territory he is ordinarily resident.
(7) Where,
but for this paragraph, a person would be entitled to pay contributions
voluntarily under the legislation of both Parties for the same period, he shall
be entitled to pay contributions only under the legislation of one Party
according to his choice.
(8) Where,
under Articles 8, 9(a) or (b), or 10(2), a person is employed in the
territory of one Party while remaining subject to the legislation of the other
Party, he shall not be subject to the legislation of the former Party.
(9) A
person who is entitled to receive sickness benefit, maternity allowance,
invalidity benefit or injury benefit for any period under the legislation of
the Netherlands while he is in Jersey or Guernsey, shall be excepted from
liability to pay a contribution in respect of that period, other than as an
employed or self-employed person, under the legislation of Jersey or Guernsey.
(10) A
person who is entitled to receive survivor’s benefit under the
legislation of Jersey shall be awarded credits only for periods during which
that person is ordinarily resident in Jersey.
(11) For
the purpose of determining whether a person is entitled to be credited with a
Class 1 contribution under the legislation of Guernsey in respect of any week
of unemployment, any insurance period, or any period of employment, completed
by him under the legislation of the Netherlands, shall be treated as an
insurance period or period of employment, as the case may be, under the
legislation of Guernsey.
Article 8 Detached
workers
Subject to Articles 9
and 10, where a person subject to the legislation of one Party, and employed by
an employer with a place of business in the territory of that Party, is sent by
that employer, either from the territory of that Party, or from a third country
not party to this Convention, to work in the territory of the other Party, he
shall continue to be subject only to the legislation of the former Party 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.
Article 9 Travelling
personnel
Subject to Article 10,
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 whether for another undertaking or on its own account:
(a) subject
to sub-paragraphs (b) and (c), where a person is employed by an
undertaking which has its principal place of business in the territory of one
Party, he shall be subject only to the legislation of that Party as if he were
employed in its territory even if he is employed in the territory of the other
Party;
(b) subject
to sub-paragraph (c), where the undertaking has a branch or agency in the
territory of one Party and a person is employed by that branch or agency, he
shall be subject only to the legislation of that Party;
(c) where
a person is ordinarily resident in the territory of one Party and is employed
wholly or mainly in that territory, he shall be subject only to the legislation
of that Party, even if the undertaking which employs him does not have a place
of business or branch or any agency in that territory.
Article 10 Mariners
and others employed on board a ship or vessel
(1) Subject
to paragraphs (2) to (4), where a person is employed on board any ship or
vessel of one Party, he shall be subject only to the legislation of that Party
as if any conditions relating to residence were satisfied in his case, provided
that he is ordinarily resident in the territory of either Party.
(2) Where
a person who is subject to 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 his employer in the territory of that Party to work on board a ship or
vessel of the other Party, he shall continue to be subject only to the
legislation of the former Party provided that his employment on board the ship
or vessel of the latter Party is not expected to last for a period of more than
one year. Where his employment on board the ship or vessel of the latter Party
continues after such period of one year, he shall continue to be subject only
to the legislation of the former Party for any further period of not more than
one year, provided that the competent authority of the latter Party agrees
thereto before the end of the first period of one year.
(3) 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 a port of, the other Party, he shall be subject only to the
legislation of the Party in whose territory he is ordinarily resident as if any
conditions relating to residence were satisfied in his case.
(4) 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 a place of business in, the territory of the former Party,
he shall be subject only to the legislation of the former Party 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 purpose of such legislation.
Article 11 Diplomats,
government servants and consular employees
(1) This
Convention shall not affect the application to persons in the territory of
either Party of the provisions of the Vienna Conventions on Diplomatic
Relations of April 18, 1961 and the Vienna Convention on Consular
Relations of April 24, 1963.
(2) Subject
to paragraph (1), where any person who is employed in the Government
Service of one Party or treated as such is sent to work in the territory of the
other Party, he shall be subject only to the legislation of the former Party as
if he were employed in its territory.
(3) Paragraph (2)
shall apply by analogy to the members of the family accompanying the persons
referred to in that paragraph, unless these family members themselves are
gainfully employed in the territory of the other Party.
Article 12 Treated
as ordinarily resident
Where a person is
gainfully employed in the territory of a Party and the legislation of the other
Party does not apply to him in accordance with Article 7(1) or (4) or
ceases to apply to him under Articles 8, 9(a) or (b), or 10(2), the
legislation of the former Party shall apply to him as if he were ordinarily
resident in the territory of that Party.
Article 13 Modification
provisions
Exceptionally, the
competent authorities or the competent institutions of the Parties may agree to
modify the application of Articles 7 to 12 in respect of particular
persons or categories of persons.
PART III
SPECIAL PROVISIONS FOR THE
UNITED KINGDOM
Article 14 Conversion
formulae
(1) For
the purpose of calculating entitlement to any benefit under the legislation of
Great Britain, Northern Ireland or the Isle of Man in accordance with Articles 18
to 24, insurance periods completed under the legislation of the Netherlands
before 6 April 1975 shall be treated as if they had been insurance periods
completed under the legislation of Great Britain, Northern Ireland or the Isle
of Man.
(2) Subject
to paragraph (3), for the purpose of calculating an earnings factor for
assessing entitlement to any benefit under the legislation of Great Britain,
Northern Ireland or the Isle of Man in accordance with Articles 15, and 17
to 24, a person shall be treated for each week beginning in a relevant income
tax year commencing after 5 April 1975, the whole or any part of which
week is an insurance period completed under the legislation of the Netherlands,
as having paid a contribution [as an employed earner, or having earnings on
which primary Class 1 contributions have been paid,] on earnings
equivalent to two-thirds of that year's upper earnings limit.
(3) For
the purpose of calculating entitlement to additional pension under the legislation
of Great Britain, Northern Ireland or the Isle of Man, no account shall be
taken of any insurance period completed under the legislation of the
Netherlands.
(4) For
the purposes of the calculation in Article 19(2), where:
(a) in
any income tax year commencing after 5 April 1975, an employed person has
completed insurance periods exclusively in the Netherlands and the application
of paragraph (2) results in that year being a qualifying year under the
legislation of Great Britain, Northern Ireland or the Isle of Man, he shall be
deemed to have been insured for fifty-two weeks in that year;
(b) any
income tax year commencing after 5 April 1975 does not count as a
qualifying year under the legislation of Great Britain, Northern Ireland or the
Isle of Man, any insurance periods completed in that year shall be disregarded.
(5) For
the purpose of calculating the appropriate contribution factor to establish
entitlement to any benefit under the legislation of Jersey in accordance with Articles 15
to 16 and 18 to 25, a person shall be treated:
(a) for
each week in an insurance period completed under the legislation of the
Netherlands, 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 an insurance period completed under the legislation of the
Netherlands, being a week in a relevant year, as having paid contributions,
which derive an annual contribution factor of 0.0193 for that year.
(6) For
the purpose of calculating entitlement to any benefit under the legislation of
Guernsey in accordance with Articles 15 to 25, insurance periods completed
under the legislation of the Netherlands shall be treated as if they had been
insurance periods completed under the legislation of Guernsey.
(7) For
the purpose of calculating entitlement to any benefit under the legislation of
the Netherlands in accordance with Articles 17 to 24 and 26, each
contribution period or equivalent period completed under the legislation of
Great Britain, Northern Ireland or the Isle of Man before 6 April 1975,
shall be treated as if it had been an insurance period completed under the
legislation of the Netherlands, or as a period of residence in the Netherlands,
as appropriate.
(8) For
the purpose of converting to an insurance period any earnings factor achieved
in any income tax year commencing after 5 April 1975 under the legislation
of Great Britain, Northern Ireland or the Isle of Man, the competent authority
of Great Britain, Northern Ireland or the Isle of Man, shall divide the
earnings factor achieved under its legislation by that year's lower earnings
limit. The result shall be expressed as a whole number, any remaining fraction
being ignored. The figure so calculated, subject to a maximum of the number of
weeks during which the person was subject to that legislation in that year,
shall be treated as representing the number of weeks in the insurance period
completed under that legislation and shall be treated as if it had been an insurance
period completed under the legislation of the Netherlands, or as a period of
residence in the Netherlands, as appropriate.
(9) For
the purpose of converting to an insurance period any contribution factor
achieved under the legislation of Jersey, the competent authority of Jersey
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 calculated, 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 and shall be treated as if it had been
an insurance period completed under the legislation of the Netherlands, or as a
period of residence in the Netherlands, as appropriate.
(10) For
the purpose of converting insurance periods completed under the legislation of
Guernsey, each insurance period or equivalent period completed under that
legislation shall be treated as if it had been an insurance period completed
under the legislation of the Netherlands, or as a period of residence in the
Netherlands, as appropriate.
PART IV
BENEFIT PROVISIONS
SECTION 1
PROVISIONS FOR SICKNESS,
MATERNITY, INVALIDITY AND UNEMPLOYMENT
Article 15 Sickness
benefit and maternity allowance
(1) Where
a person has, since his last arrival in the territory of the United Kingdom,
completed a contribution period under the legislation of that Party, then for
the purpose of any claim to sickness benefit or maternity allowance made under
the legislation of that Party, any insurance period completed under the
legislation of the Netherlands shall be treated in accordance with Article 14
as if it were an insurance period completed under the legislation of the United
Kingdom.
(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 7
to 13, 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) Subject
to paragraphs (4) and (5) and Article 30, where a person would be
entitled to receive sickness benefit or maternity allowance under the
legislation of the United Kingdom if he were in the territory of that Party, he
shall be entitled to receive that sickness benefit or maternity allowance while
he is in the territory of the Netherlands if:
(a) his
condition necessitates immediate treatment during a stay in the territory of
the Netherlands and, within six days of commencement of incapacity for work or
such longer period as the competent authority may allow, he submits to the
competent authority of the United Kingdom a claim to benefit and documentary evidence
of incapacity for work; or
(b) having
claimed and become entitled to sickness benefit or maternity allowance under
the legislation of the United Kingdom he is authorised by the competent
authority of that Party to return to the territory of the Netherlands where he
resides, or to transfer his residence to the territory of the Netherlands; or
(c) having
claimed and become entitled to sickness benefit or maternity allowance under
the legislation of the United Kingdom, he is authorised by the competent
authority of that Party to go to the territory of the Netherlands to receive
there treatment for his condition.
The authorisation required
in accordance with sub-paragraph (b) 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.
(4) Where
a seasonal worker, who is entitled to sickness benefit under the legislation of
Jersey or Guernsey, goes to the Netherlands, he shall be entitled to continue
to receive such benefit for a period of not more than thirteen weeks from the
date of his departure from Jersey or Guernsey, as the case may be.
(5) Where
a person who is resident in the territory of one Party would be entitled to
receive sickness benefit or maternity allowance under the legislation of the
other Party if he were in the territory of that Party, he shall be entitled to
receive that sickness benefit or maternity allowance while he is in the
territory of the former Party provided that, since his last arrival in the
territory of that Party, he has not completed a contribution period under its
legislation.
(6) Where
a person would be entitled to receive sickness benefit under the legislation of
the Netherlands if he were in the territory of that Party, he shall be entitled
to receive that sickness benefit while he is in the territory of the United
Kingdom.
(7) Where,
but for this paragraph, a person would be entitled to receive, for the same
period, whether by virtue of this Convention, or otherwise, sickness benefit
under the legislation of both Parties, including industrial injury benefit
under the legislation of Guernsey, or maternity allowance under the legislation
of the United Kingdom, that benefit, allowance or payment shall be granted only
under the legislation under which the person was last insured before
entitlement arose.
Article 16 Invalidity
benefit
(1) Where
a person has been subject to the legislation of both Parties, the competent
authority or the competent institution in the territory of the Party whose
legislation was applicable when incapacity for work followed by invalidity
began shall determine, in accordance with its legislation, whether the person
concerned satisfied the conditions for entitlement to invalidity benefit 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 benefit under the legislation of both Parties, or invalidity
benefit under the legislation of one Party and sickness benefit under the
legislation of the other Party, including industrial injury benefit under the legislation
of Guernsey, whether by virtue of this Convention or otherwise, he shall be
entitled to receive only the invalidity benefit, sickness benefit, or
industrial injury benefit, as the case may be, under the legislation of the
Party in whose territory the incapacity began.
(3) Where
a person is entitled to incapacity pension under the legislation of Jersey,
only contribution periods completed, or deemed to be completed, under the
legislation of Jersey shall be taken into consideration in the calculation of
the rate of incapacity pension.
Article 17 Unemployment
benefit
(1) In
this Article “Party” means Great Britain, Northern Ireland, the
Isle of Man, Guernsey or the Netherlands, as the case may be.
(2) Subject
to paragraphs (4) to (8), 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 to unemployment
benefit made under the legislation of that Party, any insurance period, or period
of employment, completed under the legislation of the other Party shall be treated
in accordance with Article 14 as if it were an insurance period, or period
of employment, completed under the legislation of the former Party, in so far
as those periods do not coincide.
(3) Periods
of employment in the Netherlands 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 Guernsey requalifies for it.
(4) Where
a person is entitled to unemployment benefit under the legislation of Great
Britain, Northern Ireland or the Isle of Man in accordance with paragraph (2),
any unemployment benefit paid to that person for any period under the
legislation of the Netherlands during the last six months before the day for
which his claim is made shall be treated, for the purpose of determining the
duration of the payment, as if it were unemployment benefit paid for the same
period under the legislation of Great Britain, Northern Ireland or the Isle of
Man, as the case may be.
(5) Where
a person is entitled to unemployment benefit under the legislation of Guernsey
in accordance with paragraph (2), any unemployment benefit paid to that
person for any period under the legislation of the Netherlands during the last
twelve months before the day for which his claim is made shall be treated, for
the purpose of determining the duration of the payment, as if it were
unemployment benefit paid for the same period under the legislation of
Guernsey.
(6) Where
a person is entitled to unemployment benefit under the legislation of the
Netherlands in accordance with paragraph (2), any unemployment benefit
paid to that person for any period under the legislation of any other Party
during the last twelve months before the day for which his claim is made shall
be treated, for the purpose of determining the duration of the payment, as if
it were unemployment benefit paid for the same period under the legislation of
the Netherlands.
(7) 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 the Netherlands.
(8) This
Article shall not apply to a person who claims unemployment benefit under the
legislation of Guernsey and who has not paid twenty-six contributions as an
employed person under the legislation of Guernsey.
SECTION 2
RETIREMENT PENSION AND
SURVIVOR’S BENEFIT
Article 18 General
provisions
(1) Subject
to paragraphs (2) to (4), where a person is entitled to a basic retirement
pension under the legislation of any part of either Party otherwise than by
virtue of this Convention, that pension shall be payable and Article 19
shall not apply under that legislation.
(2) Notwithstanding
paragraph (1), a person entitled to a Category B retirement pension
under the legislation of Great Britain, Northern Ireland, or the Isle of Man
shall also be entitled to have any Category A retirement pension entitlement
determined in accordance with Article 19.
(3) Notwithstanding
paragraph (1), a married woman entitled to a retirement pension solely on
her husband’s contributions under the legislation of Jersey or Guernsey
shall also be entitled to have any pension entitlement based entirely on her
own insurance determined in accordance with Article 19. Such a married
woman shall be entitled to receive only the benefit of her choice.
(4) Entitlement
to a retirement pension in the circumstances referred to in paragraph (1)
shall not preclude the competent authority of any part of either Party from
taking into account in accordance with paragraphs (3) to (6) of Article 19
insurance periods completed under the legislation of any part of either Party.
(5) By
applying paragraph (1) the Netherlands competent institution shall
determine the amount of the old age pension directly and exclusively on the
basis of the insurance periods completed under the Netherlands General Old Age
Pensions Act. Notwithstanding this paragraph, paragraph (4) will apply
where appropriate.
(6) Subject
to paragraph (7), periods before 1 January 1957 during which a person
resided in the territory of the Netherlands after reaching the age of fifteen
years or during which, while residing in the United Kingdom, the person was
employed in the territory of the Netherlands shall also be considered as
insurance periods if the person does not satisfy the conditions of the
Netherlands legislation permitting such periods to be treated for that person
as insurance periods.
(7) The
periods referred to in paragraph (6) shall be taken into consideration in
the calculation of the old-age pension only if the person concerned has been
insured within the meaning of Article 6 of the Netherlands General Old Age
Pension Act and the person has resided for at least six years in the territory
of one or both Parties after reaching the age of fifty-nine years and only
while the person is residing in the territory of either Party. However, these
periods shall not be taken into consideration if they coincide with periods
taken into consideration for the calculation of an old age pension under the
legislation of a country other than the Netherlands.
Article 19 Pro-rata
pensions
(1) Subject
to Articles 18 and 20 to 23, this Article shall apply to determine a
person’s entitlement to retirement pension, including any increase for
dependants, under the legislation of any part of either Party.
(2) In
accordance with Article 14, the competent authority or the competent
institution of any part of either Party shall determine:
(a) the
amount of the theoretical pension which would be payable if all the relevant
insurance periods completed 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 under the legislation of
that part of either Party bears to the total of all the relevant insurance periods
completed under the legislation of both Parties.
The proportionate amount
thus calculated shall be the rate of pension actually payable by the competent
authority or the competent institution.
(3) For
the purpose of the calculation in paragraph (2), where all the insurance
periods completed by any person under the legislation of:
(a) Great
Britain, Northern Ireland and the Isle of Man amount to less than one
reckonable year or, as the case may be, one qualifying year, or relate only to
periods before 6 April 1975 and in aggregate amount to less than fifty
weeks, or
(b) Jersey
amount to less than an annual contribution factor of 1.00, or
(c) Guernsey
amount to less than fifty weeks,
those periods shall be
treated in accordance with paragraph (4) or (5).
(4) Insurance
periods under paragraph (3) and (6) shall be treated as follows:
(a) as if
they had been completed under the legislation of any part of the United Kingdom
under which a pension is, or if such periods are taken into account, would be,
payable, or
(b) where
a pension is, or would be, payable under the legislation of two or more parts
of the United Kingdom as if they had been completed 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.
(5) Where
no pension is, or would be, payable under paragraph (4), insurance periods
under paragraph (3) shall be treated as if they had been completed under
the legislation of the Netherlands.
(6) Where
all the insurance periods completed by a person under the legislation of the
Netherlands amount to less than one year those periods shall be treated as if
they had been completed under the legislation of the United Kingdom in
accordance with paragraph (4).
(7) Any
increase of benefit payable under the legislation of Great Britain, Northern
Ireland or the Isle of Man because of deferred retirement or deferred
entitlement, shall be based on the amount of the pro-rata pension calculated in
accordance with this Article.
Article 20 Insurance
periods to be taken into account
For the purpose of
applying Article 19 the competent 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 had been completed
under its legislation, and shall, where appropriate, take into account in
accordance with its legislation insurance periods completed by a spouse or
civil partner, or former spouse or former civil partner, as the case may be.
Article 21 Overlapping
periods
For the purpose of
applying Article 19:
(a) 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 Article 19(2) 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;
(b) 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;
(c) 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;
(d) where
a compulsory contribution period completed under the legislation of one Party
coincides with a compulsory contribution period completed under the legislation
of the other Party, each Party shall take into account only the compulsory
contribution period completed under its own legislation;
(e) where
a voluntary contribution period completed under the legislation of one Party
coincides with a voluntary contribution period completed under the legislation
of the other Party, each Party shall take into account only the voluntary
contribution period completed under its own legislation;
(f) where
it is not possible to determine accurately the period of time in which certain
insurance periods were completed under the legislation of one Party, such
insurance periods shall be treated as if they did not overlap with insurance
periods completed under the legislation of the other Party and shall be taken
into account to the best advantage of the beneficiary.
Article 22 Benefits
to be excluded
For the purpose of
applying Article 19 no account shall be taken of the following benefits
payable under the legislation of Great Britain, Northern Ireland or the Isle of
Man:
(a) any
additional pension payable;
(b) any
graduated retirement benefit payable by virtue of any graduated contributions
paid before 6 April 1975;
(c) any
invalidity allowance or incapacity age addition payable;
but any such benefit
shall be added to the amount of any benefit payable under that legislation in
accordance with Article 19(2).
Article 23 Non-simultaneous
entitlement
Where a person does not
simultaneously satisfy the conditions for entitlement to a retirement 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 Article 19.
Article 24 Survivor’s
benefit
(1) Articles 18
to 23 shall also apply, with such modifications as the differing nature of the
benefits shall require, to survivor’s benefit.
(2) Where
survivor’s benefit would be payable under the legislation of one Party if
a child were in the territory of that Party, it shall be payable while the
child is in the territory of the other Party.
SECTION 3
BENEFITS FOR INDUSTRIAL
ACCIDENTS AND INDUSTRIAL DISEASES
Article 25 General
provisions
(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 8
to 13, he shall be treated under the legislation of the latter Party for the
purpose of any claim to 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 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 sustains an accident, then, for the purpose of any claim to
benefit in respect of that accident:
(a) the
accident shall be treated as if it had 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
a seasonal worker who is entitled to industrial injury benefit under the
legislation of Guernsey goes to the Netherlands, he shall be entitled to
continue to receive such benefit for a period not more than thirteen weeks from
the date of departure from Guernsey.
(4) 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.
SECTION 4
Article 26 Child
benefits
(1) A
person covered under the legislation on child benefits of the Netherlands shall
be entitled to child benefits under its legislation even if the beneficiary or
the child is in the territory of the United Kingdom.
(2) Where,
but for this paragraph, child benefit would be payable under the legislation of
both Parties for the same period in respect of the same child, whether by
virtue of this Convention or otherwise child benefit shall be paid only under
the legislation of the Party in whose territory that child is ordinarily
resident.
PART V
MISCELLANEOUS PROVISIONS
Article 27 Recovery
of advance payments and overpayments of benefit
(1) Where
a competent authority or 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 this Convention or otherwise, and the competent
authority or the competent institution of the other Party afterwards decides
that the person is entitled to benefit for that period, or event, under its
legislation, the competent authority or the competent institution of the latter
Party, at the request of the competent authority or 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 this
Convention, results from the advance payment of benefit, or from the benefit
paid, by the competent authority or the competent institution of the former
Party and shall, where appropriate, transmit this sum to the competent
authority or the competent institution of the former Party.
(2) When
the competent authority or the competent institution of a Party has paid to a
recipient of benefits a sum in excess of that to which he is entitled that
competent authority or competent institution may, within the conditions and
limits laid down by the legislation which it administers, request the competent
authority or the competent institution of any other Party responsible for the
payment of benefits to that recipient to deduct the amount overpaid from the
amounts which it pays to the said recipient. The latter competent authority or
competent institution shall make the deduction under the conditions and within
the limits provided for such setting-off by the legislation which it
administers, as if the sums had been overpaid by itself, and shall transfer the
amounts deducted to the creditor authority or institution.
(3) Where
a person has received social assistance under the legislation of one Party for
a period for which that person subsequently becomes entitled to any benefit
under the legislation of the other Party, the competent authority or the
competent institution of the latter Party, at the request of and on behalf of
the competent authority or the competent institution of the former Party, shall
withhold the benefit due for that period and shall transmit the amount withheld
to the competent authority or the competent institution of the former Party. The
competent authority or the competent institution of the former Party shall
deduct from the benefit due under the legislation of the other Party the amount
by which the social assistance paid exceeded what would have been paid had the
benefit under the legislation of the latter Party been paid before the amount
of social assistance was determined. Any benefit not so deducted shall be
transmitted to the person.
Article 28 Arrangements
for administration and co-operation
(1) The
competent authorities of the two Parties shall establish an administrative
agreement 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 this Convention.
(3) The
competent authorities of the two Parties shall establish liaison offices for
the purpose of facilitating the implementation of this Convention.
(4) The
competent authorities or the 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.
(5) Where
any benefit is payable under the legislation of one Party to a person in the
territory of the other Party, arrangements for the payment may be made by the
competent authority or the competent institution of the latter Party, at the
request of the competent authority or the competent institution of the former
Party, and the former Party shall reimburse the latter Party.
(6) Where
a person who is in the territory of one Party has claimed, or is receiving,
benefit under the legislation of the other Party and a medical examination is
necessary, the competent authority or the competent institution of the former
Party, at the request of the competent authority or the competent institution
of the latter Party, shall arrange for this examination. The cost of such
examination shall be met by the competent authority or the competent
institution of the former Party. The competent authority or the competent
institution retains, however, the competency to call on the person in question
for medical examination. In case the Netherlands’ competent institution
deems it necessary that certain medical tests in which it has an exclusive
interest are carried out in the territory of the other Party, the procedure to
be applied will be such as is provided for in the Netherlands' legislation.
(7) A
medical board appointed by the competent institution of the Netherlands, at the
request of the competent authority of Guernsey, shall be treated as a medical
board for determination of the disablement questions under the legislation of
Guernsey.
(8) 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 in accordance with this
Convention.
(9) 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.
(10) No
certificate, document or statement of any kind written in an official language
of either Party shall be rejected on the ground that it is written in a foreign
language.
(11) Unless
disclosure is required under the legislation of a Party, any information about
an individual which is sent in accordance with, and for the purposes of, this
Convention to that Party by another Party is confidential and shall be used
only for the purpose of implementing this Convention and the legislation to
which this Convention applies.
Article 29 Submission
of claim or appeal
(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 competent authority or
the competent institution of that Party, shall be treated as if it had been
submitted to that competent authority or competent institution if it is
submitted within the same period to the competent authority or competent
institution of the other Party.
(2) Any
claim to benefit submitted under the legislation of one Party shall also be
deemed to be a claim to the corresponding benefit under the legislation of the
other Party in so far as this corresponding benefit is payable in accordance
with this Convention.
Article 30 Currency
and method of payment
(1) Payment
of any benefit in accordance with this Convention may be made in the currency
of the Party whose competent authority or 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 authority or the competent institution of one Party has made a
payment of benefit on behalf of the competent authority or the competent
institution of the other Party in accordance with Article 28 (5), any
reimbursement of the amounts paid by the competent authority or the competent
institution of the former Party shall be in the currency of the latter Party.
(3) Where
a person in the territory of one Party is receiving benefit under the
legislation of the other Party, it shall be payable by whatever method the
competent authority or the competent institution of the latter Party deems
appropriate.
Article 31 Resolution
of disputes
(1) The
competent authorities of the Parties to this Convention shall make all
reasonable efforts to resolve through agreement between them any dispute about
its interpretation or application.
(2) If
any dispute cannot be resolved as in paragraph (1) it shall be submitted,
at the request of the competent authority of either Party, to an arbitration
tribunal which shall be constituted 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, which shall be final and binding on both
Parties, shall be by majority vote. The arbitration tribunal shall determine
its own rules of procedure, and its costs shall be borne equally by the two
Parties.
PART VI
TRANSITIONAL AND FINAL
PROVISIONS
Article 32 Prior
acquisition of rights – old convention replaced by new convention –
persons covered by this convention
(1) Upon
the entry into force of this Convention the former Convention shall terminate
and shall be replaced by this Convention.
(2) Notwithstanding
paragraph (1), any right to benefit acquired by a person in accordance
with the former Convention shall be maintained. For the purposes of this
paragraph "any right to benefit acquired" includes any right which a
person would have had but for his failure to claim timeously where a late claim
is allowed.
(3) Notwithstanding
paragraph (1), any rights in course of acquisition under the former
Convention at the date of entry into force of this Convention shall be
determined under the Convention in force at the date of entitlement.
(4) Where,
from the date of entry into force of this Convention, any claim to benefit has
not been determined and entitlement arises before that date, the claim shall be
determined under the former Convention and shall be determined afresh under
this Convention from its date of entry into force. The rate determined under
this Convention shall be awarded from the date of its entry into force if this
is more favourable than the rate determined under the former Convention.
(5) Benefit,
other than lump sum payments, shall be payable in accordance with 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 an industrial 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 under this
Convention, account shall be taken, where appropriate, of insurance periods and
periods of residence, employment or presence, completed before the date of its
entry into force.
(6) Paragraph (5)
shall not confer any right to receive payment of benefit for any period before
the date of entry into force of this Convention.
(7) For
the purposes of paragraph (2) and for applying the first sentence of paragraph (5):
(a) any
right to benefit may, at the request of the person concerned, be determined
afresh under this Convention with effect from the date of its entry into force
provided that the request has been made within two years of that date and, if
applicable, benefit awarded at the higher rate from 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 of benefit, and
the payment of any arrears, shall be made in accordance with the legislation
concerned.
(8) No
provision of this Convention shall diminish any rights or benefits which a
person has properly acquired under the legislation of any part of either Party
before the date of entry into force of this Convention.
Article 33 Prior
acquisition of rights – old convention replaced by new convention –
persons excluded from this convention
As regards persons who,
by virtue of Article 2, are not covered by this Convention, the following
provisions shall apply:
(a) any
rights in course of acquisition under the former Convention before the date of
entry into force of this Convention shall be determined in accordance with
Regulation EEC 1408/71 and the Implementing Regulation;
(b) notwithstanding
Article 32(1), the former Convention shall remain applicable to any award
of a benefit, pension or allowance which was made under it prior to the date of
entry into force of this Convention.
Article 34 Entry
into force
(1) The
Parties shall notify each other in writing of the completion of their
respective constitutional or legal procedures required for the entry into force
of this Convention. This Convention shall enter into force on the first day of
the third month following the month after the date of the last notification.
(2) The
Kingdom of the Netherlands shall apply Article 6 provisionally as from 1
January 2006.
Article 35 Duration
of the convention
This Convention shall
remain in force for an indefinite period. The United Kingdom of Great Britain
and Northern Ireland or the Kingdom of the Netherlands may denounce it at any
time by giving six months’ notice in writing to the other Party.
Article 36 Rights
on termination of this convention not replaced by another
In the event of the
termination of this Convention and unless a new Convention containing
provisions regulating the matter is made, any right to benefit acquired by a
person in accordance with this Convention 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 by their respective
Governments, have signed this Convention only in the English language.
Done
in duplicate at The Hague this twenty-first day of December 2005 in the
English language only.
For
the Government of the For
the Government of the Kingdom
United
Kingdom of of
the Netherlands:
Great
Britain and
Northern
Ireland:
LYN
PARKER B
R BOT