SCHEDULE
(Article 1)
CONVENTION
ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT
BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE REPUBLIC OF CHILE
The Government of the
United Kingdom of Great Britain and Northern Ireland and the Government of the
Republic of Chile hereinafter referred to as “the Parties”;
Determined to cooperate
in the scope of social welfare and, in particular, as regards obligations on
social security contributions;
Desirous of promoting the
welfare of people moving between their respective territories or working there;
Desirous of ensuring that
individuals from both countries enjoy equal rights in respect of those matters
comprised in this Convention in accordance with their respective social
security laws;
Have agreed as follows:
PART I
GENERAL PROVISIONS
ARTICLE 1
Definitions
(1) For
the purpose of this Convention the following definitions shall apply, except
where the context otherwise requires:
(a) “Country”
or “territory” means:
(i) in relation to
the Republic of Chile, the scope of application of the Political Constitution
of the Republic of Chile, and
(ii) in
relation to the United Kingdom, Great Britain and Northern Ireland and, where
so required by the context of this Convention, the Isle of Man, Jersey and
Guernsey also. Likewise, where so required by the context, any reference to
“territory”, applicable to the United Kingdom, shall include the
Isle of Man, Jersey and Guernsey, and
“Guernsey”
means the Islands of Guernsey, Alderney, Herm and Jethou, and
“Jersey”
means the Island of Jersey;
(b) “Competent
Authority” means:
(i) in relation to
the Republic of Chile, the Minister of Labour and Social Security, and
(ii) in
relation to the territory of the United Kingdom, the Department for Work and
Pensions and the Commissioners for Her Majesty’s Revenue and Customs or
their authorised representative for Great Britain, the Department for Social
Development for Northern Ireland, the Departments of the Treasury and Social
Care of the Isle of Man, the Social Security Department of the States of Jersey
or the Social Security Department of the States of Guernsey as the case may
require;
(c) “employed
worker” means:
(i) in relation to the
Republic of Chile, any person who is at the service of an employer under a
subordination and dependence relationship, as well as a person considered as
such by the applicable regulations, and
(ii) in
relation to the United Kingdom, 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
“worker is employed” shall be construed accordingly;
(d) “self-employed
worker” means:
(i) in relation to
the Republic of Chile, any person who performs a gainful activity on his own
account, and
(ii) in
relation to the United Kingdom, 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
“worker is self-employed” shall be construed accordingly;
(e) “employment”
means employment as an employed worker and the words “employ”,
“employed” or “employer” shall be construed
accordingly;
(f) “gainfully
employed” means employed, or self-employed;
(g) “insured”
means:
(i) in relation to
the Republic of Chile, that the person is affiliated to or is a contributor to
the applicable social security system, and
(ii) 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.
(h) “legislation”
means:
(i) in relation to
the Republic of Chile, the laws, regulations and provisions on contributions
and benefits of the Social Security systems indicated under Article 2 of
this Convention, and
(ii) in
relation to the United Kingdom, the laws, regulations and provisions on
contributions and benefits of the Social Security systems indicated under
Article 2 of this Convention.
(i) “Ordinarily
Resident”,
(i) in relation to
the Republic of Chile, means domiciled in the terms defined by its legislation,
and
(ii) in
relation to the United Kingdom, is given its natural and ordinary meaning in
the context of its legislation.
(j) “liability
for contributions” means:
(i) in relation to
the Republic of Chile, the obligation to pay contributions according to the
Chilean legislation, and
(ii) in
relation to the United Kingdom, the obligation to pay contributions according
to United Kingdom legislation.
(2) Other
words and expressions which are used in this Convention have the meanings
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
Scope of Legislation
(1) This
Convention shall apply,
(a) in
relation to the territory of the Republic of Chile, to:
(i) the old age,
disability and survivorship pension system based on individual capitalisation,
and
(ii) the
old age, disability and survivorship pension schemes administered by the Social
Security Institute.
(b) 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 Contributions (Transfer of Functions, etc.) 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 Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999;
(iii) the Social
Security Administration Act 1992, the Social Security Contributions and
Benefits Act 1992 and the Social Security (Consequential Provisions)
Act 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 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.
(2) Subject
to paragraph (3), 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 not affect rights and obligations arising under legislation on
social security in accordance with the Treaty on the Functioning of the
European Union or the EEA Agreement 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 this Convention the provisions of any other
convention which that Party has concluded with a third party.
ARTICLE 3
Personal Scope of Application
This Convention shall
apply to those individuals who are or were subject to the laws of either Party
and to those individuals who derive their rights therefrom.
ARTICLE 4
Equal Treatment
Any person who is or has
been subject to the legislation of one Party shall, while in the territory of
the other Party, have the same rights and obligations, by virtue of the
legislation of the other Party, as a national of that Party, subject to the
special provisions of this Convention.
PART II
PROVISIONS WHICH DETERMINE THE LEGISLATION APPLICABLE CONCERNING
CONTRIBUTION LIABILITY
ARTICLE 5
General Provisions
(1) Subject
to paragraphs (2) to (9) of this Article and to Articles 6 to 8,
where an employed worker is employed in the territory of either Party, the
liability for his or her contributions shall be determined only in accordance
with the legislation of the party in whose territory he or she is working.
Where a worker is only subject to the legislation of the United Kingdom in
accordance with this paragraph, such legislation shall apply as if he or she
were ordinarily resident in the United Kingdom.
(2) Where
an employed worker is employed in the territory of both Parties for the same
period, the liability for his or her contributions shall be determined only
under the legislation of the Party of which territory he or she is ordinarily
resident.
(3) Where
a self-employed worker is ordinarily resident in the territory of one Party and
the worker is self-employed in the territory of the other Party, or in the
territory of both Parties, liability for contributions for him or her shall be
determined only under the legislation of the Party in whose territory he or she
ordinarily resides and that legislation shall apply to him or her as if he or
she were self-employed in the territory of that Party.
(4) Where
a person is an employed worker in the territory of one Party and a
self-employed worker in the territory of the other Party for the same period,
liability for contributions for him or her shall be determined only under the
legislation of the Party in whose territory he or she ordinarily resides.
(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,
in accordance with Article 6, an employed worker works in the territory of
the United Kingdom, being bound to pay contributions in accordance with the
legislation of the Republic of Chile, the legislation of the United Kingdom
shall not apply nor will he or she be responsible or entitled to pay
contributions according to the legislation of the United Kingdom.
(7) Where,
in accordance with Article 6, an employed worker works in the Chilean
territory, being bound to pay contributions in accordance with the legislation
of the United Kingdom, the legislation of the Republic of Chile shall not apply
nor will he or she be responsible or entitled to pay contributions according to
the legislation of the Republic of Chile.
(8) Where
a person is employed in the United Kingdom and the legislation of the Republic
of Chile ceases to apply to him or her under Article 6, the legislation of
the United Kingdom shall apply to him or her as if he or she were ordinarily
resident in the United Kingdom.
(9) Where
a person is not gainfully employed, any liability for contributions shall be determined
under the legislation of Guernsey if he or she is ordinarily resident in
Guernsey, or under the legislation of Jersey if he or she is ordinarily
resident in Jersey.
ARTICLE 6
Detached Workers
Subject to Articles 7
and 8, where an employed worker who is insured under 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, the legislation of the former Party concerning liability
for contributions shall continue to apply to him or her as if he or she were
employed in the territory of that Party, and the legislation of the latter Party
shall not apply to him or her, provided that the employment in the territory of
the other Party is not expected to last for more than 5 years.
ARTICLE 7
Mariners and Aircraft Crew
(1) The
crew of a vessel and other workers employed on board a vessel, who perform work
in the territories of both Parties and who would otherwise be covered under the
laws of both Parties shall be subject to the legislation of the Party whose
flag the vessel flies.
(2) Aircraft
crew who perform work in the territories of both Parties and who would
otherwise be covered under the laws of both Parties shall, with respect to that
work, be subject to the laws of only the Party in the territory of which the
employer has its main office. However, if such employees are ordinarily resident
of the other Party, they shall be subject to the laws of only that Party.
ARTICLE 8
Diplomats, Government Servants and Consular Employees
(1) This
Convention shall not apply to persons who are exempt from the social security
legislation of the Party in whose territory they render services by virtue of
the Vienna Convention on Diplomatic Relations of April 18, 1961, or
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, the legislation of the former Party concerning liability for
contributions shall apply to him or her as if he or she were employed in its
territory.
(3) Subject
to paragraphs (1) and (2), 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 an official of such a mission or post, the
legislation of the latter Party concerning liability for contributions shall
apply to him or her as if he or she 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 or she chooses to be insured under the legislation of
the former Party, provided that he or she has been so insured at any time
before the commencement of the employment at that mission or post. Where, under
this paragraph, a person has the right to choose to be insured under the
legislation of the former Party but does not choose to do so, he or she shall
not be liable, nor entitled, to pay contributions under the legislation of the
former Party.
ARTICLE 9
Modification Provisions
Exceptionally, the
Competent Authorities or the Liaison Bodies of the Parties may agree to modify
the application of Articles 5 to 8 in respect of particular persons or
categories of persons.
PART III
MISCELLANEOUS PROVISIONS
ARTICLE 10
Arrangements for Administration and Co-operation
(1) The
Competent Authorities of the two Parties shall:
(a) establish
the Administrative Arrangements necessary for the application of this
Convention;
(b) establish
Liaison Bodies for the purpose of facilitating the implementation of this
Convention and determine their competence;
(c) 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 to their national legislation
in so far as these changes affect the application of this Convention;
(d) 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
the legislation of one Party establishes that any certificate or other document
submitted in accordance with the legislation of that Party is wholly or partly
exempt from any kind of legal consular or administrative taxes and duties, such
exemption shall be applicable to any certificate or other document submitted
under the legislation of the other Party or in accordance with this Convention.
(3) All
declarations, documents and certificates of any type that need to be submitted
for the purpose of this Convention shall be free from diplomatic or consular
legalisation formalities.
(4) No
certificate, document or statement of any kind written in English or Spanish
shall be rejected on the ground that it is written in a foreign language.
(5) 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 the other Party is confidential and shall be used
only for the purpose of implementing this Convention and the legislation to
which this Convention applies.
ARTICLE 11
Resolution of Disputes
(1) Disagreements
between the Parties regarding the interpretation or application of this
Convention shall, as far as possible, be resolved through agreement of the
Competent Authorities.
(2) If
a disagreement cannot be resolved through negotiation, the Parties will
endeavour to settle the issue through arbitration, mediation, or other mutually
agreed procedure.
PART IV
TRANSITIONAL AND FINAL PROVISIONS
ARTICLE 12
Transitional Provisions
In applying Article 6 in the case of employed workers who were
sent to the territory of a Party prior to the date of entry into force of this
Convention, the period of employment referred to in that Article shall be
considered to begin on that date.
ARTICLE 13
Entry into Force
Each of the Parties shall
notify the other in writing, through diplomatic channels, of the completion of
the procedures required by its law for the bringing into force of this
Convention. This Convention shall enter into force on the first day of the
third calendar month following the date of the later of these notifications.
ARTICLE 14
Life of the Convention
This Convention shall
remain in force for an indefinite period. The Republic of Chile or the United
Kingdom of Great Britain and Northern Ireland may terminate it at any time by
giving six months' notice in writing through diplomatic channels to the other
Party.
ARTICLE 15
Rights on Termination of this Convention not Replaced by Another
In the event of
termination of this Convention in accordance with Article 14 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 between the Competent Authorities
for the settlement of any 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.
DONE in duplicate at Santiago this thirteenth day of
March, 2012 in the English and Spanish languages, both texts being equally
authentic.
|
For the Government of the United Kingdom of Great Britain and Northern
Ireland:
|
|
For the Government of the
Republic of Chile:
|
|
|
|
|
|
|
|
|
|
JEREMY BROWNE
|
|
ALFREDO MORENO
|