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matters relating to Insurance and Workmen's Compensation set out in the Agreement in the Schedule to this Order have been made by the Minister for Social Welfare with the proper authority in Northern Ireland. NOW THEREFORE the Minister for Social Welfare, in exercise
the powers conferred on him by Section 64
the Social Welfare Act, 1952 (No. 11
1952), and all other powers enabling him in this behalf, and with the sanction
the Minister for Finance, hereby makes the following Order :
January, 1953, and the Social Welfare Act, 1952 , and the Workmen's Compensation Acts, 1934 and 1948, shall have effect subject to such modifications as may be required for the purpose
giving effect to the provisions contained in the said Agreement. GIVEN under the
ficial Seal
the Minister for Social Welfare this third day
February, One Thousand Nine Hundred and Fifty-three. SÉAMAS Ó RIAIN, Minister for Social Welfare. SCHEDULE. AGREEMENT RELATING TO INSURANCE AND WORKMEN'S COMPENSATION MADE THIS 27TH DAY
JANUARY, IN THE YEAR
OUR LORD ONE THOUSAND NINE HUNDRED AND FIFTY-THREE BETWEEN THE MINISTER FOR SOCIAL WELFARE
THE ONE PART AND THE MINISTRY
LABOUR AND NATIONAL INSURANCE
THE OTHER PART. 1.—
1952. " the Republic
Ireland Act " means the Social Welfare Act, 1952 ; No. 9
1934. " the Republic
Ireland Acts " means the Social Welfare Act, 1952 , and the Workmen's Compensation Act, 1934 : "sickness benefit " means, as the case may require, sickness benefit under the Northern Ireland Act or disability benefit under the Republic
Ireland Act ; " maternity benefit " means maternity benefit other than maternity allowance (whether under the Northern Ireland Act or the Republic
Ireland Act) ; " contributions
the appropriate class " means contributions (whether under the Northern Ireland Act or the Republic
Ireland Act or under any enactment repealed by either
those Acts) having effect for the purposes, as the case may be,
sickness benefit or
maternity benefit or, under the Republic
Ireland Act,
marriage benefit ; "non-domiciled mariner " means, for the purposes
the Northern Ireland Acts, a person employed on board any ship or vessel who neither is domiciled nor has a place
residence in the United Kingdom, and, for the purposes
the Republic
Ireland Acts, a person so employed who neither is domiciled nor has a place
residence in the Republic
Ireland ; and " radio
ficer " means a person to whom this Agreement applies who is employed on board any ship or vessel in connexion with the radio apparatus thereof.
Ireland, respectively, shall be construed as references to the Northern Ireland Acts or the Republic
Ireland Acts as the case may require.
Labour and National Insurance and the said Minister for Social Welfare shall from time to time determine the procedure appropriate for the purposes
this Agreement, and all matters
an incidental and supplementary nature which in their opinion are relevant for the purpose
giving effect thereto. 4. Such financial adjustments between the Northern Ireland National Insurance Fund on the one hand and the Social Insurance Fund
the Republic
Ireland on the other, as may be agreed from time to time in connexion with Parts I and II
this Agreement, shall be made by the said Ministry
Labour and National Insurance and the said Minister for Social Welfare. 5.—
Labour and National Insurance or the said Minister for Social Welfare may terminate this Agreement or any Part thereof on giving not less than six months previous notice in writing. PART I. INSURANCE FOR SICKNESS BENEFIT AND MATERNITY BENEFIT. 6.—
Articles 8 and 14 and
the following paragraphs
this Article, where a person insured under the Northern Ireland Act is on the 5th January, 1953, in the Republic
Ireland occurring after the said date and before the expiration
six months from the date on which he last arrived in the Republic
Ireland, be treated for the purposes
his right to receive sickness or maternity benefit as if he were in Northern Ireland during that period and where a person insured under the Republic
Ireland Act is on the 5th January, 1953, in Northern Ireland, or thereafter goes to Northern Ireland, that person shall, in respect
any period for which he is in Northern Ireland occurring after the said date and before the expiration
six months from the date on which he last arrived in Northern Ireland, be treated for the purposes
his right to receive sickness benefit or maternity benefit as if he were in the Republic
Ireland during that period ; Provided that— (a) for the purpose
calculating the said period
six months the temporary absence
a person from Northern Ireland or the Republic
Ireland, as the case may be, shall be disregarded and the question whether the absence
a person is or is not to be treated as temporary for the said purpose shall be determined under Article 3 ; and (b) the said Ministry
Labour and National Insurance or said Minister for Social Welfare, as the case may be, may extend the said period
six months by not more than seven days in the circumstances
any particular case or class
cases.
this Article shall not exceed the maximum rate
that benefit (apart from any increase) appropriate to that person under the provisions
the Northern Ireland Act when that person is in Northern Ireland or
the Republic
Ireland Act when that person is in the Republic
Ireland.
Ireland Act, and, for the purpose
any
these questions, the number
contributions paid by or in respect
him, any contributions
the appropriate class paid by or in respect
that person for any weeks in a period to which this Article applies and which is current at the date when that question arises shall be taken into account.
, this Article shall not confer any right to receive any increase
benefit under the Northern Ireland Act for a child or an adult dependant who is absent from Northern Ireland. 7. Where a person insured under the Northern Ireland Act who has gone to the Republic
Ireland returns to Northern Ireland, then, unless the period applicable to him under the provisions
had terminated before his departure form the Republic
Ireland, any contributions
the appropriate class paid by or in respect
him in the Republic
Ireland during that period shall, for the purpose
sickness benefit and maternity benefit in Northern Ireland, be treated as such contributions so paid Northern Ireland, and where a person insured under the Republic
Ireland Act who has gone to Northern Ireland returns to the Republic
Ireland, then, unless the period applicableto him under the provisions
Artice 6 had terminated before hisdeparture from Northern Ireland, any contributions
theappropriate class paid by or in respect
him in Northern Ireland during that period shall, for the purpose
sickness benefit and maternity benefit in the Republic
Ireland, be treated as such contributions so paid in the Republic
Ireland. 8. A member
the Defence Forces
the Republic
Ireland who is insured under the Northern Ireland Act shall not be entitled to sickness benefit under that Act in respect
any period during which he is a member
such Forces. 9.—
Ireland at the expiration
the period during which the provisions
applied to him, then for the purposes
sickness benefit and maternity benefit— (a) the provisions
the Northern Ireland Act shall cease to apply in his case ; and (b) in the application to him
the provisions
the Republic
Ireland Act, insurance, employment, contributions
the appropriate class paid (including such contributions credited or treated as paid) and benefits paid or claimed in Northern Ireland shall be treated as if they had been respectively insurance, employment, contributions
the appropriate class paid (including contributions credited or treated as paid) and benefits paid or claimed in the Republic
Ireland.
Ireland Act is in Northern Ireland at the expiration
the period during which the provisions
applied to him, then for the purposes
sickness benefit and maternity benefit— (a) the provisions
the Republic
Ireland Act shall cease to apply in his case ; and (b) in the application to him
the provisions
the Northern Ireland Act, insurance, employment, contributions
the appropriate class paid (including such contributions credited or treated as paid) and benefits paid or claimed in the Republic
Ireland shall be treated as if they had been respectively insurance, employment, contributions
the appropriate class paid (including contributions credited or treated as paid) and benefits paid or claimed in Northern Ireland : Provided that, in the case
a person who has been insured under the Republic
Ireland Act and is in Northern Ireland, unless and until not less than thirteen such contributions have been paid by or in respect
him under the Northern Ireland Act since the beginning
the said period, the rate at which any such benefit (including any increase) shall be payable, shall not exceed the rate at which it would have been payable to him at the end
that period under the provisions
the Republic
Ireland Act. 10. Where a woman insured under the Republic
Ireland Act marries either— (a) outside Northern Ireland, otherwise than during a period during which she is treated under the provisions
as if she were in Northern Ireland, or (b) in Northern Ireland, during a period during which she is treated under the provisions
as if she were in the Republic
Ireland ; then for the purpose
marriage benefit under that Act all contributions
the appropriate class paid in either the Republic
Ireland or Northern Ireland shall be taken into account. 11. Where the wife or husband
a person insured under the Northern Ireland Act is in the Republic
Ireland such wife or husband shall be treated for the purposes
the right
that person to receive an increase
any sickness benefit to which that person may be entitled in respect
a wife or husband as if she or he were in Northern Ireland and where the wife or husband
a person insured under the Republic
Ireland Act is in Northern Ireland, such wife or husbandshall be treated for the purposes
the right
that person to receive an increase
any sickness benefit to which that person may be entitled in respect
a wife or husband as if she or he were in the Republic
Ireland. 12. Where the wife
a person insured under the Northern Ireland Act is in the Republic
Ireland, she shall be treated for the purpose
her right to receive maternity benefit in respect
that person's insurance as if she were in Northern Ireland and where the wife
a person insured under the Republic
Ireland Act is in Northern Ireland, she shall be treated for the purpose
her right to receive maternity benefit in respect
that person's insurance as if she were in the Republic
Ireland. 13. Where a woman is in the Republic
Ireland during any period within the four weeks beginning with the date
her confinement, and, if she had been in Northern Ireland, she would (apart from making a claim therefor) have been entitled to a maternity allowance in respect
that period, she shall, if the relevant conditions relating to attendance allowance are satisfied in her case, be entitled to an attendance allowance for that period in lieu
maternity allowance for the same period.
work by reason
an accident or industrial disease, any payment made or title to payment under the National Insurance (Industrial Injuries) Act (Northern Ireland), 1946, in respect
that accident or disease shall be treated as if it were a payment or title to payment under the Workmen's Compensation Act, 1934 , for the purposes
the Republic
Ireland Act, and any weekly payment made or title to weekly payment under the Workmen's Compensation Act, 1934 , in respect
that accident or disease shall be treated as if it were a payment or title to payment
the like amount by way
injury benefit under the National Insurance (Industrial Injuries) Act (Northern Ireland), 1946, for the purposes
the Northern Ireland Act. PART II. Insurance
Persons who are resident in Northern Ireland or the Republic
Ireland while employed in the Republic
Ireland or Northern Ireland respectively, or who, being ordinarily resident in the Republic
Ireland, are temporarily resident and employed in Northern Ireland. 15. Where a person resident in Northern Ireland is employed in the Republic
Ireland and is insured under the Republic
Ireland Act in respect
that employment, his insurance for sickness benefit and maternity benefit shall be deemed to be under the Northern Ireland Act only, and that part
each contribution paid in respect
his employment as aforesaid which relates to sickness benefit and maternity benefit shall be treated as having been paid under the Northern Ireland Act, and where a person resident in the Republic
Ireland is employed under a contract
service in Northern Ireland and insured accordingly his insurance for sickness benefit and maternity benefit shall be deemed to be under the Republic
Ireland Act only, and that part
each contribution paid in respect
his employment as aforesaid which relates to sickness benefit and maternity benefit shall be treated as having been paid under the Republic
Ireland Act, and in the case
a woman her insurance shall be deemed to include marriage benefit under that Act : Provided that— (a) nothing in this provision shall affect the obligation
that person or his employer to pay contributions under the Northern Ireland Act if he is employed in Northern Ireland or under the Republic
Ireland Act if he is employed in the Republic
Ireland ; (b) the rate
benefit payable to a person by virtue
this provision shall not exceed, in the case
a person resident in Northern Ireland and employed in the Republic
Ireland, the maximum rate appropriate to that person under the provisions
the Republic
Ireland Act. 16.—
Ireland and insured accordingly, his insurance for unemployment benefit shall, if he so elects, be deemed to be under the unemployment benefit scheme in force in Northern Ireland and where a person resident in the Republic
Ireland is employed under a contract
service in Northern Ireland and insured accordingly, his insurance for unemployment benefit shall, if he so elects, be deemed to be under the unemployment benefit scheme in force in the Republic
Ireland.
a person to whom this article applies, the said Ministry
Labour and National Insurance shall account to the said Minister for Social Welfare for a sum equal to that part
each contribution (not being a contribution which has been taken into account for the purpose
making any payment
unemployment benefit on a claim made in the United Kingdom) paid as an employed person in Northern Ireland which relates to unemployment benefit and the said Minister for Social Welfare shall account to the said Ministry
Labour and National Insurance for an equal sum in respect
each contribution paid in the Republic
Ireland which relates to unemployment benefit (not being a contribution which has been taken into account for the purpose
making any payment
unemployment benefit on a claim made in the Republic
Ireland nor being a contribution which has been taken into account in connexion with a transfer from the Social Insurance Fund
the Republic
Ireland to the National Insurance Fund (established under the National Insurance Acts in force in Great Britain) and an appropriate credit
contributions for unemployment benefit purposes shall be given to the person aforesaid : Provided that for the purposes
this Article no account shall be taken
any contribution paid in respect
employment which occurred prior to the 5th July, 1948.
the provisions
the preceding paragraph contributions are credited in the Northern Ireland National Insurance Fund shall, if he satisfies the conditions (other than those relating to contributions) for the receipt
unemployment benefit under the Northern Ireland Act and is free from the disqualifications for the receipt
unemployment benefit under that Act, be entitled to receive payment
unemployment benefit and (where payable) an increase for dependants at the appropriate rate set out in the Second Schedule to the Northern Ireland Act, so however, that he shall not by virtue
this paragraph receive more than one day's unemployment benefit in respect
each contribution credited under the preceding paragraph
this Article and that the contributions so credited shall otherwise be disregarded for the purposes
the Northern Ireland Act except that, where unemployment benefit has been exhausted, contributions so credited in respect
employment performed in the Republic
Ireland subsequent to the date
exhaustion shall be taken into account as contributions
the appropriate class for the purposes
requalification for unemployment benefit. (b) A person to whom by virtue
the preceding paragraph contributions are credited in the Social Insurance Fund
the Republic
Ireland shall, if he satisfies the conditions (other than those relating to contributions) for the receipt
unemployment benefit under the Republic
Ireland Act, and is free from the disqualifications for the receipt
unemployment benefit under that Act, be entitled to receive unemployment benefit and (where payable) an increase for dependants at the appropriate rate set out in the Third Schedule to that Act, so however that he shall not by virtue
this paragraph receive more than one day's unemployment benefit in respect
each contribution credited under the preceding paragraph
this Article.
the rate
contribution which relates to unemployment benefit or the rate
unemployment benefit being revised in either Northern Ireland or the Republic
Ireland the said Ministry
Labour and National Insurance and the said Minister for Social Welfare may make any agreed adjustment
the sum mentioned in paragraph
this Article. 17.—
Ireland, and (b) has been temporarily resident in Northern Ireland while employed under a contract
service there, and (c) is not entitled to unemployment benefit in Northern Ireland by reason
proviso
the Northern Ireland Act, returns to the Republic
Ireland and claims unemployment benefit or unemployment assistance there, the value
that part
each contribution paid by him as an employed person while so temporarily resident in Northern Ireland which relates to unemployment benefit shall be accounted for, if he so elects, by the Ministry
Labour and National Insurance to the Minister for Social Welfare and an appropriate credit
contributions for unemployment benefit purposes shall be given to the person aforesaid.
the preceding paragraph contributions are credited in the Social Insurance Fund
the Republic
Ireland shall, if he satisfies the conditions (other than those relating to contributions) for the receipt
unemployment benefit under the Republic
Ireland Act, and is free from the disqualifications for the receipt
unemployment benefit under that Act, be entitled to receive unemployment benefit and (where payable) an increase for dependants at the appropriate rate set out in the Third Schedule to that Act, so, however, that he shall not by virtue
this paragraph receive more than one day's unemployment benefit in respect
each contribution credited under this paragraph. 18. Where in respect
any person the Ministry
Labour and National Insurance under paragraph
has accounted to the Minister for Social Welfare in respect
the contributions specified in those paragraphs, there shall be disregarded, for the purposes
the right
that person to receive unemployment benefit under the Northern Ireland Act, any contributions as an employed person under that Act in respect
which such accounting has taken place, and where in respect
any person the Minister for Social Welfare under paragraph
has accounted to the Ministry
Labour and National Insurance in respect
the contributions specified in that Article, there shall be disregarded, for the purpose
determining the number
days for which unemployment benefit is payable under the Republic
Ireland Acts, any contributions paid under those Acts in respect
which such accounting has taken place. PART III. INSURANCE AND WORKMEN'S COMPENSATION FOR MASTERS AND MEMBERS
THE CREWS
SHIPS AND VESSELS. 19. The provisions
this Part
this Agreement shall apply as respects any person who is employed under a contract
service as master or a member
the crew
any ship or vessel. S.I. No. 10
1953 . 20. For the purposes
the Northern Ireland Acts, a person shall not be treated as a non-domiciled mariner if he is domiciled or has a place
residence in the Republic
Ireland and for the purposes
the Republic
Ireland Acts a person shall, notwithstanding the Social Welfare (Modifications
Insurance) Regulations, 1953, not be so treated if he is domiciled or has a place
residence in the United Kingdom. 21.—
this Agreement applies is employed on board a ship or vessel whose port
registry is a port in Northern Ireland and
which the owner (or managing owner if there is more than one owner) resides or has his principal place
business in the Republic
Ireland, then, subject to the provisions
, in respect
that employment— (a) if that person is ordinarily resident in the United Kingdom, the provisions
the Northern Ireland Acts shall, and those
the Republic
Ireland Acts shall not, apply to him ; (b) if that person is ordinarily resident in the Republic
Ireland, the provisions
the Republic
Ireland Acts shall, and those
the Northern Ireland Acts shall not, apply to him ; and (c) if that person is not ordinarily resident in either Northern Ireland or the Republic
Ireland, the provisions
the Northern Ireland Acts shall (in so far as they are applicable), and those
the Republic
Ireland Acts shall not, apply to him.
this Agreement applies is employed on board a ship or vessel whose port
registry is a port in the Republic
Ireland and
which the owner (or managing owner if there is more than one owner) resides or has his principal place
business in Northern Ireland, then, subject to the provisions
, in respect
that employment— (a) if that person is ordinarily resident in the United Kingdom, the provisions fo the Northern Ireland Acts shall, and those
the Republic
Ireland Acts shall not, apply to him; (b) if that person is ordinarily resident in the Republic
Ireland, the provisions
the Republic
Ireland Acts shall, and those
the Northern Ireland Acts shall not, apply to him ; and (c) if that person is not ordinarily resident in either Northern Ireland or the Republic
Ireland, the provisions
the Republic
Ireland Acts shall (in so far as they are applicable), and those
the Northern Ireland Acts shall not, apply to him. 22. If a radio
ficer is insurable under the National Insurance Acts in force in Great Britain by virtue
the fact that he is paid remuneration in respect
his employment as a radio
ficer by some person (other than the owner
the ship or vessel) having his principal place
business in Great Britain the provisions
the Acts in force in Northern Ireland or the Republic
Ireland, as the case may be, in respect
that employment shall not apply to that radio
ficer. 23. Where a person to whom this Part
this Agreement applies (other than a non-domiciled mariner or a radio
ficer to whom the immediately preceding Article applies) is employed on board a ship or vessel engaged in regular trade between the Republic
Ireland and the United Kingdom, being a ship or vessel— (a) whose port
registry is in Northern Ireland, not being a ship owned in the Republic
Ireland ; or (b)
which the owner (or managing owner if there is more than one owner) resides or has his principal place
business in Northern Ireland, not being a ship whose port
registry is in Great Britain or in the Republic
Ireland, then, in respect
that employment— (i) if that person is ordinarily resident in the United Kingdom, the provisions
the Northern Ireland Acts shall, and those
the Republic
Ireland Acts shall not, apply ; and (ii) if that person is ordinarily resident in the Republic
Ireland, the provisions
the Republic
Ireland Acts shall, and those
the Northern Ireland Acts shall not, apply. 24.—
this Agreement applied at the relevant time specified in paragraph
this Article— (a) is entitled in Northern Ireland to unemployment benefit under the Northern Ireland Act, or to industrial injury benefit under the National Insurance (Industrial Injuries) Act (Northern Ireland), 1946, and the wife or husband
that person is in the Republic
Ireland ; or (b) is entitled in the Republic
Ireland to unemployment benefit under the Republic
Ireland Act, or to weekly payments by way
compensation under the Workmen's Compensation Act, 1934 , and the wife or husband
that person is in Northern Ireland ; such wife or husband shall be treated for the purpose
any right
that person to receive an increase
any such unemployment benefit or industrial injury benefit or an allowance (if any) additional to such weekly payments in respect
a wife or husband as if she or he were in Northern Ireland or the Republic
Ireland, as the case may be.
this Article the relevant time means— (a) in the case
a person entitled to unemployment benefit, immediately before the termination
his last employment before becoming so entitled, and (b) in the case
a person entitled to industrial injury benefit or weekly payments by way
compensation, immediately before the termination
the employment in respect
which such benefit or compensation is payable. 25.—
this Agreement relating to insurance for sickness benefit and maternity benefit whether a person is in Northern Ireland or the Republic
Ireland, any period
employment on board a ship or vessel which is employment to which the provisions
the Northern Ireland Acts apply shall be treated as if it were a period during which that person was in Northern Ireland and any period
employment on board a ship or vessel which is employment to which the provisions
the Republic
Ireland Acts apply shall be treated as if it were a period during which that person was in the Republic
Ireland.
this Agreement on the rate
sickness benefit payable by virtue
that Article shall not apply in the case
any person to whom this Part
this Agreement applied immediately before he became entitled to that benefit.
any period
employment on board a ship or vessel which is employment to which the provisions
the Northern Ireland Act apply shall be treated as if it were a period
employment under a contract
service in Northern Ireland, and any period
employment on board a ship or vessel which is employment to which the provisions
the Republic
Ireland Act apply shall be treated as if it were a period
employment in the Republic
Ireland. PART IV. CONTRIBUTIONS AND INSURANCE IN THE CASE
PERSONS WHO ARE EMPLOYED IN NORTHERN IRELAND AND IN THE REPUBLIC
IRELAND IN THE SAME CONTRIBUTION WEEK. 26. Where a person is employed both in Northern Ireland and in the Republic
Ireland by the same employer in the same contribution week insurance contributions for that week shall, if the person is resident in Northern Ireland, be payable only under the Northern Ireland Acts and he shall be insured by virtue
the employment in Northern Ireland only and, if the person is resident in the Republic
Ireland, be payable only under the Republic
Ireland Acts and he shall be insured by virtue
the employment in the Republic
Ireland only : Provided that this provision shall not apply in relation to contributions and insurance under the National Insurance (Industrial Injuries) Act (Northern Ireland), 1946. GIVEN under the
ficial Seal
the Minister for Social Welfare on the day and year first herein appearing. SÉAMAS Ó RIAIN, Minister for Social Welfare. GIVEN under the
ficial Seal
the Ministry
Labour and National Insurance on the day and year first herein appearing. IVAN NEILL, Minister
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