SCHEDULE
(Paragraph 1)
AGREEMENT ON SOCIAL
SECURITY BETWEEN THE SECRETARY OF STATE FOR SOCIAL SECURITY, THE DEPARTMENT OF
HEALTH AND SOCIAL SERVICES FOR NORTHERN IRELAND AND THE LIEUTENANT-GOVERNOR OF
THE ISLE OF MAN, WITH THE ADVICE AND CONSENT OF THE ISLE OF MAN DEPARTMENT OF
HEALTH AND SOCIAL SECURITY, OF THE FIRST PART, THE SOCIAL SECURITY COMMITTEE,
WITH THE CONSENT OF THE STATES OF JERSEY, OF THE SECOND PART, AND THE GUERNSEY
SOCIAL SECURITY AUTHORITY, WITH THE CONSENT OF THE STATES OF GUERNSEY, OF THE THIRD
PART
PART I
GENERAL PROVISIONS
Article 1 Definitions
(1) For
the purpose of this Agreement, except where the context otherwise
requires –
“additional pension” payable under the legislation of
the United Kingdom means any additional pension based on the payment of insurance
contributions above the level required for entitlement to basic pension;
“attendance benefit” means, in relation to the United
Kingdom, attendance allowance or disability living allowance payable under the
legislation of the United Kingdom, in relation to Jersey, attendance allowance
payable under the legislation of Jersey and, in relation to Guernsey,
attendance allowance payable under the legislation of Guernsey;
“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 the United
Kingdom, and accident benefit payable under the legislation of Jersey, 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 Guernsey;
“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, a basic retirement pension based on the former
spouse’s insurance contributions, payable under the legislation of the
United Kingdom, 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 woman on her husband’s contributions, or,
for a widow or widower, either, or both, a basic retirement pension and an
additional pension based on the late spouse’s contributions, payable
under the legislation of the United Kingdom, and an old age pension payable under
the legislation of Jersey or Guernsey to a married woman by virtue of the
contributions of her husband while he is alive;
“child benefit” means child benefit or family allowance
payable under the legislation of any of the Parties;
“competent authority” means, in relation to the
territory of 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, and, in relation
to Jersey, the Social Security Committee of the States of Jersey, and, in
relation to Guernsey, the Guernsey Social Security Authority, as the case may
require;
“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;
“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 Articles 24 to 26, a person who, in 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) for
the purposes of Articles 24 to 26, a person who is, or who is treated as
being, an employed person under the legislation of the United Kingdom, 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 of that Party;
“former Agreements” means the Agreement on Family
Allowances between Jersey and Guernsey which entered into force on 8th
May 1973, the Agreement on Family Allowance between the United Kingdom and
Jersey which entered into force on 8th May 1973 and the Agreement on
Family Allowances between the United Kingdom and Guernsey which entered into
force on 4th April 1977, and the Agreement on Social Security between the
United Kingdom and Jersey and Guernsey which entered into force on 6th
November 1978, as that Agreement was amended by the Exchanges of Letters
which entered into force on 1st November 1982, 25th April 1983 and
27th July 1992;
“gainfully employed” means employed or self-employed;
“Guernsey” means the Islands of Guernsey, Alderney, Herm
and Jethou;
“income tax year” means, in relation to the United
Kingdom, the 12 months beginning with 6th April in any year;
“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 benefit” means invalidity pension,
additional pension and invalidity allowance payable under the legislation of
the United Kingdom, and invalidity benefit payable under the legislation of
Jersey or Guernsey;
“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 a Party,
or in any part of the territory of that Party;
“maternity allowance” means maternity allowance payable
under the legislation of any of the Parties;
“maternity grant” means maternity grant payable under
the legislation of Jersey or Guernsey;
“orphan’s benefit” means guardian’s
allowance payable under the legislation of the United Kingdom or Guernsey;
“Party” means the United Kingdom or Jersey or Guernsey;
“pension”, “allowance” or
“benefit” includes any increases of, or any additional amount
payable with, a pension, allowance or benefit respectively;
“qualifying year” means –
(i) 50 weeks of
insurance for periods before 6th April 1975, or that the person has
received, or been treated as having received, earnings of at least 52 times the
lower earnings limit in an income tax year after 5th April 1978 under the
legislation of the United Kingdom, or
(ii) an
annual contribution factor of 1.00 under the legislation of Jersey, or
(iii) an
insurance period of not less than 50 weeks under the legislation of Guernsey;
“reckonable year” means, in relation to the United
Kingdom, an income tax year between 6th April 1975 and 5th April 1978
during which contributions have been paid on earnings received, or treated as received, of at least 50 times
the lower earnings limit for that year;
“refugee” means a person so defined in the Convention on
the Status of Refugees signed on 28th July 1951 and the Protocol to that
Convention signed on 31st January 1967;
“retirement pension” means retirement pension or old age
pension payable under the legislation of any of the Parties;
“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 the territory of any Party, or a hovercraft which is
registered in the territory of any Party, and whose owner (or managing owner if
there is more than one owner) resides in, or has a place of business in, any of
the territories;
“sickness benefit” means sickness benefit payable under
the legislation of any of the Parties;
“stateless person” means a person so defined in the
Convention relating to the Status of Stateless Persons signed on 28th
September 1954;
“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;
“unemployment benefit” means unemployment benefit
payable under the legislation of the United Kingdom or Guernsey;
“United Kingdom” means the United Kingdom of Great
Britain and Northern Ireland and also the Isle of Man;
“widow’s benefit” means –
(i) widow’s
payment, widowed mother’s allowance and widow’s pension payable
under the legislation of the United Kingdom, or
(ii) widow’s
allowance, widowed mother’s allowance, widow’s pension and widowed
father’s allowance payable under the legislation of Jersey, or
(iii) widow’s
allowance, widowed mother’s allowance and widow’s pension payable
under the legislation of Guernsey.
(2) Other words and
expressions which are used in this Agreement have the meanings respectively
assigned to them in the legislation concerned.
(3) Any reference in this
Agreement to “Article” means an Article of this Agreement, 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 Agreement shall
apply –
(a) in
relation to 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 1991 (Acts of Parliament) and the Child Benefit
Act 1975 (an Act 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);
(b) in
relation to Jersey, to the Social Security (Jersey) Law 1974, the Family Allowances
(Jersey) Law 1972 and the Attendance Allowances (Jersey) Law 1973;
and
(c) in
relation to Guernsey, to the Social Insurance (Guernsey) Law, 1978, the Family
Allowances (Guernsey) Law, 1950 and the Attendance and Invalid Care
Allowance (Guernsey) Law, 1984;
and the legislation which was repealed or consolidated by those
Acts, Laws or Orders or repealed by legislation consolidated by them.
(2) Subject to paragraphs (3)
and (4), this Agreement shall apply also to any legislation which supersedes,
replaces, amends, supplements or consolidates the legislation specified in paragraph (1).
(3) This Agreement 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 Agreement and for which specific provision is made in this Agreement.
(4) This Agreement shall
not apply to legislation on social security of the Institutions of the European
Community or to any agreement or convention on social security which any of the
Parties 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 an agreement or convention, but shall not prevent any Party
taking into account under its legislation the provisions of any other agreement
or convention which that Party has concluded with a third party.
Article 3 Equal treatment
A person, together with his dependants and survivors, who is, or has
been, subject to the legislation of a Party shall, while he is in the territory
of any other Party, enjoy the provisions of the legislation of that other Party
under the same conditions as a national of that Party, subject to the special
provisions of this Agreement.
Article 4 Refugees and stateless persons
This Agreement shall apply to refugees and stateless persons who are
residing in the territory of any of the Parties. 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. National
provisions which are more favourable shall not be affected.
Article 5 Provisions for the export of
benefit
(1) Subject to Articles 15, 17
to 26 and 34, a person who would be entitled to receive a retirement pension,
widow’s benefit or 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 any other
Party, as if he were in the territory of the former Party.
(2) Subject to Article 13(3),
(4) and (6), a person who continues to be entitled to receive sickness benefit
under the legislation of the United Kingdom while he is in Jersey or Guernsey
may, after having received, or been deemed to have received, 168 days
sickness benefit, become entitled to receive invalidity benefit under the
legislation of the United Kingdom while he is in Jersey or Guernsey, provided
that he continues to satisfy the insurance authority of the United Kingdom that
he remains incapable of work.
(3) Subject to Article 13(3),
(5) and (6), a person who continues to be entitled to receive sickness benefit
under the legislation of Jersey while he is in the United Kingdom or Guernsey
may, after having received, or been deemed to have received, 364 days sickness
benefit, become entitled to receive invalidity benefit under the legislation of
Jersey while he is in the United Kingdom or Guernsey, provided that he
continues to satisfy the insurance authority of Jersey that he remains
incapable of work.
(4) Subject to Article 13(3),
(5) and (6), 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 United Kingdom or Jersey 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 United Kingdom or Jersey, 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 Agreement 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 any other Party.
PART II
PROVISIONS WHICH DETERMINE
THE LEGISLATION APPLICABLE CONCERNING CONTRIBUTION LIABILITY
Article 6 General provisions
(1) Subject to paragraphs (2)
to (13) and Articles 7 to 11, where a person is gainfully employed,
liability for contributions for him shall be determined under the legislation
of the Party in whose territory he is so employed.
(2) Where a person is
employed in the territory of more than one Party for the same period, liability
for contributions for him 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 more than one Party for the same period,
liability for contributions for him shall be determined only 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
any other Party for the same period, liability for contributions for him shall
be determined only under 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 the United Kingdom.
(6) Where a person is not
gainfully employed, any liability for contributions shall be determined under
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 more than one Party 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 7,
8(a) or (b), or 9(2), a person is employed in the territory of one Party while
remaining liable for contributions under the legislation of any other Party,
the legislation of the former Party shall not apply to him and he shall not be
liable, nor entitled, to pay contributions under the legislation of the former
Party.
(9) Where a person is
gainfully employed in the territory of a Party and the legislation of any other
Party does not apply to him in accordance with paragraphs (1) and (4) or
ceases to apply to him under Articles 7, 8(a) or (b), or 9(2), the
legislation of the former Party shall apply to him as if he were ordinarily
resident in the territory of that Party.
(10) A person who is entitled to
receive sickness benefit, maternity allowance, invalidity benefit or injury
benefit for any period under the legislation of one Party, or 100 per cent
disablement benefit for any period under the legislation of Jersey, 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 any other
Party.
(11) A person who is entitled to
receive widow’s benefit under the legislation of Jersey shall be awarded
credits only for periods during which that person is ordinarily resident in
Jersey.
(12) A woman who is entitled to
receive widow’s benefit under the legislation of Guernsey while she is in
the territory of any other Party shall not be credited with a Class 3
contribution in respect of every week during which that benefit is payable to her,
but shall be credited, for the purposes of entitlement to retirement pension or
death grant, in respect of each year during the whole or part of which such
benefit is payable, with a number of Class 3 contributions equal to her husband’s
yearly average of reckonable contributions at the date of his death. If the
rate of retirement pension payable to such a woman would be less than the rate
of widow’s benefit formerly payable it shall be increased to that of the
widow’s benefit.
(13) 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 completed under the legislation of the
United Kingdom, or any period of employment completed under the legislation of
any Party shall be treated as a contribution period or period of employment, as
the case may be, under the legislation of Guernsey.
Article 7 Detached workers
Subject to Articles 8 and 9, 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 any 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 any other Party is not
expected to last for more than three years, and the legislation of that other
Party shall not apply to him.
Article 8 Travelling personnel
Subject to Article 9, 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, 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 any other Party;
(b) subject
to sub-paragraphs (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, 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 a place of business or branch or any agency in that
territory.
Article 9 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 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 any Party.
(2) Where a person who is
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 his
employer in the territory of that Party to work on board a ship or vessel of
any 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 that other Party is not expected to last for a
period of more than 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, any other Party, the legislation concerning liability for contributions of
the Party in whose territory he is ordinarily resident shall apply to him 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 any 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, 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 purpose of such legislation.
Article 10 Government servants
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 any other Party, the legislation of the former Party concerning
liability for contributions shall apply to him as if he were employed in its
territory.
Article 11 Modification provisions
Exceptionally, the competent authorities of the Parties may agree to
modify the application of Articles 6 to 10 in respect of particular
persons or categories of persons.
PART III
SPECIAL PROVISIONS
Article 12 Conversion formulae for
contributions
(1) For the purpose of
calculating entitlement under the legislation of the United Kingdom to any
benefit in accordance with Articles 17 to 23, contribution periods or
equivalent periods completed under the legislation of Jersey or Guernsey before
6th April 1975 shall be treated as if they had been contribution periods
or equivalent periods completed under the legislation of the United Kingdom, as
the case may be.
(2) For the purpose of
calculating entitlement under the legislation of the United Kingdom to any
benefit in accordance with Articles 13 and 17 to 23, contribution
periods completed as a self-employed person or as a non-employed person or
equivalent periods completed under the legislation of Jersey or Guernsey after
5th 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, as the case may
be.
(3) Subject to paragraph (4),
for the purpose of calculating an earnings factor for assessing entitlement to
any benefit in accordance with Articles 13 and 16 to 23 under the
legislation of the United Kingdom, a person shall be treated for each week
beginning in a relevant income tax year commencing after 5th April 1975,
the whole or any part of which week is a contribution period completed as an
employed person under the legislation of Guernsey, or Jersey except for the
purposes of Article 16, 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.
(4) For the purpose of
calculating entitlement to additional pension under the legislation of the
United Kingdom, no account shall be taken of any contribution period completed
under the legislation of Jersey or Guernsey.
(5) For the purposes of the
calculation in Article 18(2), where –
(a) in
any income tax year commencing after 5th April 1975, an employed person
has completed periods of insurance exclusively in Jersey or Guernsey and the
application of paragraph (3) results in that year being a qualifying year under
the legislation of the United Kingdom, he shall be deemed to have been insured
for 52 weeks in that year;
(b) any
income tax year commencing after 5th April 1975 does not count as a
qualifying year under the legislation of the United Kingdom, any periods of
insurance completed in that year shall be disregarded.
(6) For the purpose of
calculating the appropriate contribution factor to establish entitlement to any
benefit in accordance with Articles 13 to 15, 17 to 26 and 30
provided under the legislation of Jersey, a person shall be
treated –
(a) for
each week in an insurance period completed under the legislation of the United
Kingdom, except for the purposes of Articles 14 and 30, or Guernsey, 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 United
Kingdom, except for the purposes of Article 14 and 30, or Guernsey, being
a week in a relevant year, as having paid contributions which derive an annual
contribution factor of 0.0193 for that year.
(7) For the purpose of
calculating entitlement to any benefit in accordance with Articles 13 to
26 and 30 under the legislation of Guernsey, contribution periods or equivalent
periods completed under the legislation of the United Kingdom, except for the
purposes of Articles 14 and 30, or Jersey, except for the purposes of Article 16,
shall be treated as if they had been contribution periods or equivalent periods
completed under the legislation of Guernsey.
(8) For the purpose of
converting to a contribution period any earnings factor achieved in any income
tax year commencing after 5th April 1975 under the legislation of the United
Kingdom, the competent authority of the United Kingdom 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 contribution
period completed under that legislation.
(9) For the purpose of
converting to a contribution 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 13; and
(b) in
the case of an annual contribution factor, multiply the factor achieved by a person
in a year by 52.
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 contribution period completed under the legislation.
(10) For the purpose of converting
insurance periods completed under the legislation of Guernsey, each
contribution period or equivalent period completed under that legislation shall
be treated as if it had been a contribution period or an equivalent period
completed under the legislation of the United Kingdom or Jersey.
PART IV
BENEFIT PROVISIONS
SECTION I
Provisions for sickness, maternity,
invalidity and unemployment
Article 13 Sickness benefit and maternity
allowance
(1) 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 sickness benefit or maternity allowance made under the legislation of that
Party, an insurance period completed under the legislation of any other Party
shall be treated in accordance with Article 12 as if it were an insurance
period completed under the legislation of the former Party.
(2) Where a person is
employed in the territory of one Party and the legislation of any other Party
applies to him in accordance with any of the provisions of Articles 6 to
11, 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 that
other Party.
(3) Subject to paragraph (5),
where a person would be entitled to receive 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 receive that sickness benefit or maternity
allowance while he is in the territory of any other Party if –
(a) his
condition necessitates immediate treatment during a stay in the territory of
that Party 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 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 authority
of that Party to return to the territory of any other Party where he resides,
or to transfer his residence to the territory of any other Party; or
(c) having
claimed and become entitled to sickness benefit or maternity allowance under
the legislation of the former Party he is authorised by the competent authority
of that Party to go to the territory of any other Party 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) Subject to paragraph (5),
where a person would, if he were in Great Britain or Northern Ireland, be
entitled to receive 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 receive that
sickness benefit or maternity allowance while he is in the territory of any
other Party if –
(a) his
condition necessitates immediate treatment during a stay in the territory of
any other Party 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 any other Party where he resides, or to transfer his residence to
the territory of any other Party; or
(c) 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 go to the territory
of any other Party 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.
(5) Nothing in this Article
shall permit the payment of statutory sick pay or statutory maternity pay
outside Great Britain or Northern Ireland.
(6) Where a person who is
resident in the territory of one Party claims but is not entitled to receive
sickness benefit or maternity allowance under the legislation of that Party but
would be entitled to receive sickness benefit or maternity allowance under the
legislation of any 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.
(7) Where, but for this paragraph,
a person would be entitled to receive for the same period, whether by virtue of
this Agreement, or otherwise –
(a) sickness
benefit, including industrial injury benefit under the legislation of Guernsey,
or maternity allowance under the legislation of more than one Party; or
(b) statutory
sick pay or statutory maternity pay under the legislation of Great Britain or
Northern Ireland, and sickness benefit or maternity allowance under the
legislation of any other Party,
that benefit, allowance or payment shall be granted only under the legislation
under which the person was last insured before entitlement arose.
Article 14 Maternity grant under the
legislation of Jersey and Guernsey
(1) In this Article
“Party” means Jersey or Guernsey, as the case may be.
(2) For the purpose of a
claim to maternity grant under the legislation of one Party, a woman who is
confined in the territory of the other Party shall be treated as if she were
in, or confined in, the territory of the former Party and any grant to which she
may be entitled under the legislation of that Party shall be payable as if she
were in, or confined in, the territory of that Party and not as if she were in,
or confined in, the territory of the latter Party.
(3) Where a woman would be
entitled to a maternity grant under the legislation of both Parties in respect
of the same confinement, whether by virtue of this Agreement or
otherwise –
(a) the
grant shall be payable only under the legislation of the Party in whose
territory the confinement occurs; or
(b) if
the confinement 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 woman or, if relevant to the claim, her husband was last
insured before the confinement.
(4) Where a woman would not
be entitled to a maternity grant under the legislation of either Party then,
for the purposes of a claim under the legislation of the Party in whose
territory she was confined or, if she was not confined in the territory of
either Party under the legislation of the territory in which she or her husband
was last insured before her confinement, any insurance period completed under
the legislation of the other Party shall be treated, in accordance with Article 12,
as an insurance period completed under the legislation of the Party to whom the
claim is appropriate.
Article 15 Invalidity benefit
Where a person has been insured under the legislation of more than
one Party, the competent authority 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 satisfies the conditions for entitlement to invalidity benefit taking
account, where appropriate, of any insurance period which that person has
completed under the legislation of any other Party as if it were an insurance
period completed under its legislation.
Article 16 Unemployment benefit under the
legislation of the United Kingdom and Guernsey
(1) In this Article
“Party” means the United Kingdom or Guernsey, as the case may be.
(2) 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, or period of employment, completed under the legislation of
the other Party shall be treated in accordance with Article 12 as if it
were an insurance period, or period of employment, completed under the
legislation of the former Party.
(3) Where paragraph (2)
applies, any unemployment benefit paid to a person for a period by one Party
before the day for which a claim is made for unemployment benefit under the
legislation of the other Party shall be taken into account for determining the
duration of the payment under the legislation of the latter Party.
(4) Periods of employment
in the territory of one Party 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 the other Party requalifies for
it.
(5) 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.
SECTION 2
Retirement Pension and Widow’s
Benefit
Article 17 General provisions
(1) Subject to paragraphs (2)
to (4), where a person is entitled to a basic retirement pension under the
legislation of any Party otherwise than by virtue of this Agreement, that
pension shall be payable and Article 18 shall not apply under that
legislation.
(2) Notwithstanding paragraph (1),
a person entitled to a Category B retirement pension under the legislation of
the United Kingdom, shall also be entitled to have any Category A retirement
pension entitlement determined in accordance with Article 18.
(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 18. 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 other Party from taking into
account in accordance with paragraph (3) of Article 18 insurance
periods completed under the legislation of any other Party.
Article 18 Pro-rata pensions
(1) Subject to Articles 17
and 19 to 21, this Article shall apply to determine a person’s
entitlement to retirement pension, including any increase for dependants, under
the legislation of any Party.
(2) In accordance with Article 12,
the competent authority of any 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 all 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 Party bears to the total of all the relevant insurance periods completed
under the legislation of all Parties.
The proportionate amount thus calculated shall be the rate of
pension actually payable by the competent authority.
(3) For the purpose of the
calculation in paragraph (2), where all the insurance periods completed by
any person under the legislation of –
(a) the
United Kingdom 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 50 weeks, or
(b) Jersey
amount to less than an annual contribution factor of 1.00, or
(c) Guernsey
amount to less than 50 weeks,
those periods shall be treated in accordance with paragraph (4).
(4) Insurance periods under
paragraph (3) 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 disregarded.
(6) Any increase of benefit
payable under the legislation of the United Kingdom 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 19 Insurance periods to be taken into
account
For the purpose of applying Article 18 the competent authority
of any Party shall take account only of insurance periods completed under the
legislation of any other Party which would be taken into account for the
determination of pensions under the legislation of that Party 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 former spouse, as the case may be.
Article 20 Overlapping periods
For the purpose of applying Article 18 –
(a) where
a compulsory insurance period completed under the legislation of one Party
coincides with a voluntary insurance period completed under the legislation of
any other Party, only the compulsory insurance period shall be taken into
account, provided that the amount of pension payable under the legislation of
any other Party under paragraph (2) of Article 18 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 any 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 any 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 any 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 any 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 any other Party and shall be taken
into account to the best advantage of the beneficiary.
Article 21 Benefits to be excluded
For the purpose of applying Article 18 no account shall be
taken of the following benefits payable under the legislation of the United
Kingdom –
(a) any
additional pension payable;
(b) any
graduated retirement benefit payable by virtue of any graduated contributions
paid before 6th April 1975;
(c) 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 Article 18.
Article 22 Non-simultaneous entitlement
Where a person does not simultaneously satisfy the conditions for
entitlement to a retirement pension under the legislation of two or more
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 18.
Article 23 Widow’s benefit
(1) Articles 17 to 22
shall also apply, with such modifications as the differing nature of the
benefits shall require, to widow’s benefit.
(2) Where widow’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 any other Party.
SECTION 3
Benefits for industrial accidents and
industrial diseases
Article 24 General provisions
(1) Where a person is
employed in the territory of one Party and the legislation of any other Party
applies to him in accordance with any of the provisions of Articles 7 to
11, he shall be treated under that legislation 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 any other Party. Where benefit
would be payable in respect of that claim if the person were in the territory
of that 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 any other Party, but before he arrives in that territory sustains
an accident, then, for the purpose of any claim for 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 was expected to apply to him in respect of his employment in
that territory; 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 any other Party.
Article 25 Dual attribution and aggravation
of an industrial disease
(1) In this Article
“Party” means the United Kingdom or Guernsey, as the case may be.
(2) Subject to paragraph (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 Agreement 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.
(3) Where a person has
suffered an aggravation of an industrial disease for which benefit has been
paid in accordance with paragraph (2), 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 ground 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 authority of that Party shall be liable to pay benefit only in
respect of the aggravation as determined under the legislation of that Party.
Article 26 Dual entitlement
A person shall not be entitled, whether by virtue of this Agreement
or otherwise, to receive sickness benefit, including industrial injury benefit
under the legislation of Guernsey, invalidity benefit or maternity allowance
under the legislation of one Party for any period during which he is entitled
to benefit, other than a pension, under the legislation of any other Party in
respect of incapacity for work which results from an industrial accident or an
industrial disease.
SECTION 4
Family benefits
Article 27
Orphan’s benefit under the legislation of the United Kingdom and
Guernsey
(1) In this Article
“Party” means the United Kingdom or Guernsey, as the case may be.
(2) For the purpose of any
claim for orphan’s benefit under the legislation of the United Kingdom
any period of presence in the territory of Guernsey shall be treated as if it
were a period of presence in the territory of the United Kingdom.
(3) For the purpose of any
claim for orphan’s benefit under the legislation of Guernsey a person who
has completed an insurance period under the legislation of the United Kingdom
shall be treated as an insured person under the legislation of Guernsey.
(4) Where 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 in the territory of the other Party as if he were in the territory
of the former Party.
(5) Where, but for 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 Agreement or otherwise, he shall be entitled to receive benefit only under
the legislation of the Party in whose territory the orphan is ordinarily
resident.
Article 28 Child benefit
(1) Subject to paragraph (6),
where a person is present or resident in the territory of one Party and the
legislation of any other Party applies to him in accordance with any of the
provisions of Articles 6 to 11, he or his spouse residing with him shall
be treated for the purpose of any claim to child benefit under that
legislation –
(a) as if
he were present or resident, as the case may be, in the territory of that
Party, and
(b) as if
any child of his family or any child for whom he is responsible were present or
resident, as the case may be, in the territory of that Party if the child is
present or resident, as the case may be, in the territory of any other Party.
(2) Where a person is
resident in the territory of one Party together with any child of his family or
any child for whom he is responsible and the legislation of no other Party is
applicable to him in accordance with Articles 6 to 11, then for the
purpose of a claim to child benefit under the legislation of the former Party
in respect of that child, any period of presence or residence, as the case may
be, completed in the territory of any other Party, shall be treated as if it
were a period of presence or residence respectively completed by that person in
the territory of the former Party.
(3) Where a person is
resident in the territory of one Party and his family is present or resident in
the territory of any other Party and the legislation of no other Party is
applicable to him in accordance with Articles 6 to 11, his entitlement to
child benefit shall be determined only under the legislation of the Party in
whose territory the family is present or resident. For the purpose of
determining that entitlement, a period of presence or residence, as the case
may be, completed in the territory of the former Party shall be treated as if
it were a period of presence or residence respectively completed in the
territory of the latter Party.
(4) Where, but for this paragraph,
child benefit would be payable under the legislation of more than one Party for
the same period in respect of the same child, whether by virtue of this
Agreement or otherwise, child benefit shall be paid only under the legislation
of the Party in whose territory that child is ordinarily resident.
(5) Subject to paragraph (1),
a person who claims child benefit under the legislation of Jersey who becomes
ordinarily resident in Jersey and who immediately before his arrival in Jersey
was resident in the United Kingdom or Guernsey and would have satisfied the
residence and presence conditions for child benefit under the legislation of
either of those Parties, or was in receipt of child benefit under the
legislation of either of those Parties, shall be eligible for child benefit
under the legislation of Jersey from the date of the arrival of his family in
Jersey or the cessation of child benefit under the legislation of the United
Kingdom or Guernsey, whichever is the later.
(6) Child benefit shall not
be payable under the legislation of Jersey unless and until the provisions of
the legislation of Jersey concerning the income of the family are satisfied.
(7) For the purpose of any
claim to child benefit under the legislation of Guernsey or Jersey, a person
whose place of birth was in the territory of any Party shall be treated as if his
place of birth were in Guernsey or Jersey, as the case may be.
SECTION 5
Attendance benefit and death grant
Article 29 Attendance benefit
(1) For the purpose of
determining entitlement to attendance benefit under the legislation of any
Party, any period of residence or presence, as the case may be, in the
territory of any other Party shall be treated as if it had been a period of
residence or presence, as the case may be, in the territory of the former
Party.
(2) Where, but for this paragraph,
a person would be entitled to receive attendance benefit under the legislation
of more than one Party for the same period he shall be entitled to receive
payment only under the legislation of the Party in which he is currently
ordinarily resident.
Article 30 Death grant under the legislation
of Jersey or Guernsey
(1) In this Article
“Party” means Jersey or Guernsey, as the case may be.
(2) For the purpose of any
claim to death grant under the legislation of either Party any insurance period
completed under the legislation of one Party shall be treated in accordance
with Article 12 as if it were an insurance period completed under the
legislation of the other Party.
(3) Where a person dies in
the territory of either Party his death shall be treated, for the purpose of
any claim for a death grant under the legislation of one Party, as if it had
occurred in the territory of that Party.
(4) Where there would be
entitlement to death grant under the legislation of both Parties, whether by
virtue of this Agreement or otherwise:
(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.
PART V
MISCELLANEOUS PROVISIONS
Article 31 Recovery of advance payments and
overpayments of benefit
Where a competent authority 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 Agreement or otherwise, and the competent authority
of any other Party afterwards decides that the person is entitled to benefit
for that period, or event, under its legislation, the competent authority of
that Party, at the request of the competent authority 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 Agreement, results from
the advance payment of benefit, or from the benefit paid, by the competent
authority of the former Party and shall, where appropriate, transmit this sum
to the competent authority of the former Party.
Article 32 Arrangements for administration
and co-operation
(1) The competent
authorities of the Parties shall establish the administrative measures
necessary for the application of this Agreement.
(2) The competent
authorities of the Parties shall communicate to each other, as soon as
possible, all information about the measures taken by them for the application
of this Agreement or about changes in their national legislation in so far as
these changes affect the application of this Agreement.
(3) The competent
authorities of the Parties shall establish liaison offices for the purpose of
facilitating the implementation of this Agreement.
(4) The competent
authorities of the Parties shall assist one another on any matter relating to
the application of this Agreement 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 any
other Party, arrangements for the payment may be made by the competent
authority of the latter Party, at the request of the competent authority 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 any other Party and a medical examination is necessary, the
competent authority of the former Party, at the request of the competent
authority of the latter Party, shall arrange for this examination. The cost of
such examination shall be met by the competent authority of the former Party.
(7) A medical board
appointed by the competent authority of any other Party, at the request of the
competent authority of Guernsey, shall be treated as a medical board for
determination of 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 or administrative charges, that exemption shall apply to any
certificate or other document which is submitted under the legislation of any
other Party or in accordance with this Agreement.
(9) No certificate,
document or statement of any kind written in an official language of any Party
shall be rejected on the ground that it is written in a foreign language.
(10) 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 Agreement to that Party
by any other Party is confidential and shall be used only for the purpose of
implementing this Agreement and the legislation to which this Agreement
applies.
Article 33 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 of that Party,
shall be treated as if it had been submitted to that competent authority if it
is submitted within the same period to the competent authority of any other
Party.
(2) Any claim to benefit
submitted under the legislation of one Party shall also be deemed to be a claim
for the corresponding benefit under the legislation of any other Party in so
far as this corresponding benefit is payable in accordance with this Agreement.
Article 34 Method of payment
Where a person in the territory of one Party, is receiving benefit
under the legislation of any other Party, it shall be payable by whatever
method the competent authority of that Party deems appropriate, except that in
the case of a person who on 27th July 1992 was residing in Jersey or
Guernsey and was being paid a retirement pension or widow’s benefit by
serial order under the legislation of the United Kingdom, that person shall be
entitled to continue to receive that benefit by serial order.
Article 35 Resolution of disputes
(1) The competent
authorities of the Parties to this Agreement 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, by the competent
authority of any Party, to an arbitration tribunal. Each Party shall appoint an
arbitrator within one month from receipt of the demand for arbitration. The three
arbitrators shall appoint two more arbitrators within two months from the date
on which the Party which was the last to appoint its arbitrator has notified
the other Parties of the appointment.
(3) The decision of the
arbitration tribunal, which shall be binding on all Parties, shall be by
majority vote. The arbitration tribunal shall determine its own rules of
procedure, and its costs shall be borne equally by all Parties.
PART V
TRANSITIONAL AND FINAL
PROVISIONS
Article 36
Prior acquisition of rights – former agreement replaced by this
agreement
(1) Upon the entry into
force of this Agreement the former Agreements shall terminate and shall be
replaced by this Agreement.
(2) Any right to benefit
acquired by a person in accordance with the former Agreements 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) Any rights in course of
acquisition under the former Agreements at the date of entry into force of this
Agreement shall be settled in accordance with the Agreement in force at the
date of entitlement.
(4) Where, from the date of
entry into force of this Agreement, any claim to benefit has not been
determined and entitlement arises before that date, the claim shall be
determined in accordance with the former Agreements and shall be determined
afresh in accordance with this Agreement from its date of entry into force. The
rate determined under this Agreement shall be awarded from the date of its
entry into force if this is more favourable than the rate determined under the
former Agreements.
(5) Benefit, other than
lump sum payments, shall be payable in accordance with this Agreement 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 Agreement, be treated as an industrial
accident or an industrial disease if it would not have been so treated under
any legislation or Agreement having effect at the time of its occurrence or
development. For the purpose of determining claims in accordance with this
Agreement, 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 Agreement.
(7) For the purpose of
applying the first sentence of paragraph (5) –
(a) any
right to benefit acquired by a person in accordance with the former Agreements
may, at the request of the person concerned, be determined afresh in accordance
with the provisions of this Agreement with effect from the date of entry into
force of this Agreement provided that the request has been made within two
years of the date it enters into force and, if applicable, benefit awarded at
the higher rate from the latter 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 Agreement, payment of benefit, and
the payment of any arrears, shall be made in accordance with the legislation
concerned.
(8) No provision of this
Agreement shall diminish any rights or benefits which a person has properly
acquired under the legislation of any Party before the date of entry into force
of this Agreement.
Article 37 Coming into force and life of the
agreement
This Agreement shall come into force on the 2nd day of
November 1994 and shall remain in force for an indefinite period. Any of
the Parties may denounce it by giving six months notice in writing to both of
the other Parties.
Article 38 Rights on termination of this
agreement not replaced by another
In the event of the termination of this Agreement and unless a new
Agreement containing provisions regulating the matter is made, any right to
benefit acquired by a person in accordance with this Agreement 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.
Given under the Official Seal of the Secretary of State for Social
Security this 2nd day of August 1994.
PETER LILLEY
Secretary of State for Social Security
Given under the Official Seal of the Department of Health and Social
Services for Northern Ireland this 4th day of August 1994.
F.A. ELLIOTT
Permanent Secretary
Given under the hand of the Lieutenant-Governor of the Isle of Man
this 8th day of August 1994.
LAWRENCE JONES
Lieutenant-Governor
The consent of the Department of Health and Social Security of the
Isle of Man is hereby given to this Agreement.
BERNARD MAY
Minister for Health and Social Security
Signed on behalf of the Social Security Committee this 15th day of
August 1994, and authorised by Act of the States of Jersey this 15th day
of March 1994.
G.H.C. COPPOCK
Greffier of the States
Signed on behalf of the States of Guernsey by the President of the
Guernsey Social Security Authority this 23rd day of August 1994.
L.C. MORGAN
President, Guernsey Social Security Authority