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S.I. No. 96/1960 - Social Welfare (Great Britain Reciprocal Arrangements) Order, 1960.

S.I. No. 96/1960 - Social Welfare (Great Britain Reciprocal Arrangements) Order, 1960. Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach Engl

paragraphs

(1)and
(2)of this Article.
(4)For the purpose of the provisions of the Great Britain Act which concern residence and persons abroad, a person shall be treated as if he had been liable to pay contributions in respect of an employed contributor's employment outside Great Britain in accordance with those provisions for any period for which he was liable to pay contributions in

paragraphs

(1)and
(2)of this Article. ARTICLE 6 Where a person is employed in one country and those provisions of the Acts of the other country which concern the payment of contributions apply to that person in

Article 5

— (

  1. a)for the purpose of any claim to receive sickness benefit under those Acts, that person shall be treated as if he were in the other country ; (
  2. b)for the purpose of any claim by that person to receive a maternity grant or maternity allowance under those Acts, she shall be treated as if she were in the other country and, if she is confined in the first-mentioned country, as if she had been confined in the other country ; (
  3. c)for the purpose of any claim by that person's wife to receive a maternity grant under those Acts, she shall be treated, if she is in, or confined in, the first-mentioned country, as if she were, respectively, in, or confined in, the other country ; (
  4. d)for the purpose of any claim, in respect of an industrial accident occurring or an industrial disease contracted in the course of such employment, to receive benefit under the Industrial Injuries Act, or weekly payments by way of compensation under the Workmen's Compensation Act, 1934 , that person shall be treated as if the accident had occurred or the disease had been contracted in the other country, and, if that other country is Great Britain, as if that employment were insurable and as if he were in Great Britain. PART III MARRIAGE BENEFIT, SICKNESS BENEFIT AND MATERNITY BENEFIT ARTICLE 7

(1)Subject to the provisions of paragraph
(3)of this Article and those of Article 23, where a person insured under the Act of one country is in the other country, then (subject in a case to which Article 6 applies to the provisions of paragraph
(2)of this Article) for the purpose of sickness benefit and maternity allowance— (
  1. a)the provisions of the Act of the first-mentioned country shall not apply in his case ; and (
  2. b)in the application to him of the provisions of the Act of the other country, as may yield the higher rate of benefit, either (
  3. i)no account shall be taken of insurance, contributions or benefit in the first-mentioned country ; or (
  4. ii)insurance, contributions of the appropriate class paid or credited and sickness benefit or maternity allowance paid or claimed in the first-mentioned country shall be treated as if they had been respectively insurance, contributions of the appropriate class paid or credited and sickness benefit or maternity allowance paid or claimed in that other country : Provided that— (
  5. aa)in the case of a person who has been insured under the Irish Act and is in Great Britain, unless and until not less than thirteen such contributions have been paid by him under the Great Britain Act in respect of contribution weeks since he last arrived in Great Britain, or unless not less than twenty-six such contributions have been paid by or credited to him thereunder in respect of the relevant contribution year, or unless the day in respect of which the benefit or allowance is claimed is in a period of interruption of employment under the Great Britain Act and he was before he last arrived in Great Britain entitled to sickness benefit or maternity allowance under that Act in respect of a day in that period, the rate at which any such benefit or allowance (including any increase) shall be payable by virtue of sub-paragraph (
  6. b)(
  7. ii)of this paragraph shall not exceed the rate at which it would (apart from any provision as to overlapping benefits) have been payable to him under the provisions of the Irish Act if he had remained in that country and had fully satisfied the contribution conditions of that Act ; (
  8. bb)in the case of a person who has been insured under the Great Britain Act and is in Ireland, account may be taken by virtue of the said sub-paragraph (
  9. b)(
  10. ii)of insurance and contributions paid or credited in Great Britain before he attains the age of sixteen, but no sickness benefit shall be paid under the Irish Act for any period before the expiry of twenty-six weeks after he attains that age ; (
  11. cc)where a person who is receiving sickness benefit in one country goes to the other country and continues without a break of more than six days to claim that benefit in that other country by virtue of the said sub-paragraph (
  12. b)(ii), then, until the beginning of the benefit year next following the benefit year applying to him in that other country on his arrival the contributions of the appropriate class paid by or credited to him in the first-mentioned country (including any treated as so paid or credited by virtue of that sub-paragraph) in respect of the relevant contribution year applying on his departure shall be treated (to the exclusion of any other contributions) as if they had been contributions of the appropriate class paid by or credited to him in that other country in respect of the relevant contribution year applying in that other country ; (
  13. dd)where a woman goes from one country to the other country during the period for which she is entitled to receive a maternity allowance under the Act of the first-mentioned country, or would be so entitled if she had claimed that allowance, she shall be treated as if she had satisfied the contribution conditions for receiving a maternity allowance under the Act of the other country ; and, for any period before an allowance becomes payable under the Act of that other country, she shall be treated for the purpose of her right to an allowance under the Act of the first-mentioned country as if she had remained in that country.
(2)In a case to which Article 6 applies the provisions of the foregoing paragraphs shall apply to a person as if he were in the country in which he is treated under that Article as being.
(3)A member of the Defence Forces of Ireland who is insured under the Great Britain Act shall not be entitled to sickness benefit under that Act, and a member of the United Kingdom forces who is insured under the Irish Act shall not be entitled to sickness benefit under that Act, in respect of any period during which he is a member of such forces. ARTICLE 8 Where a woman insured under the Irish Act marries in that country after being in Great Britain and she has paid not less than one hundred and fifty-six contributions under that Act since her entry into insurance, including not less than twenty-six such contributions paid in respect of weeks since she was last employed in Great Britain, then, for the purposes of marriage benefit under that Act, all contributions paid or credited in either country (other than contributions paid by her as a non-employed person under the Great Britain Act) shall be taken into account. ARTICLE 9 For the purpose of any claim to receive a maternity grant under the Act of one country, a woman who is in, or is confined in, the other country shall be treated as if she were, respectively, in, or confined in, the first-mentioned country. ARTICLE 10
(1)Where a woman is confined in one country and (apart from the provisions of this Article) no maternity grant is payable under the Act of either country, then (subject in a case to which Article 6 applies to the provisions of paragraph
(2)of this Article), in determining whether she or her husband satisfies the relevant contribution conditions for a maternity grant under the Act of the country where she is confined, insurance and contributions of the appropriate class paid or credited in the other country shall be treated as if they had been respectively insurance and contributions of the appropriate class paid or credited in the first-mentioned country : Provided that, where a maternity grant is payable under the Great Britain Act by virtue of this Article, its amount shall not exceed the amount of a maternity grant under the Irish Act, and the allowance of the claim shall not confer any right to a home confinement grant.
(2)In a case to which Article 6 applies the provisions of the foregoing paragraph shall apply to a woman as if she were confined in the country in which she is treated under that Article as being at the time of her confinement. ARTICLE 11
(1)For the purpose of any claim to receive sickness benefit under the Act of one country a person in that country who is incapable of work by reason of an injury or disease in respect of which he is entitled to a payment under the Acts of the other country shall be treated as if that payment were a payment of equal amount under the Acts of the first-mentioned country.
(2)For the purpose of paragraph
(1)of this Article, payment means a payment of benefit under the Industrial Injuries Act or a payment of workmen's compensation under the Workmen's Compensation Act, 1934 , and, where a payment under the Irish Acts is treated as if it were a payment under the Great Britain Acts, it shall be treated as if it were a payment of injury benefit.
(3)The amount of any workmen's compensation for any day shall be one sixth of the amount of the compensation for the week in which that day occurs ; and where the amount of the compensation for that week is not a multiple of sixpence it shall be treated as the next lower amount which is a multiple of sixpence. PART IV UNEMPLOYMENT BENEFIT ARTICLE 12 None of the provisions of this Part of this Agreement shall apply to any person in the Isle of Man or to any contribution or benefit paid under the National Insurance (Isle of Man) Act, 1948. ARTICLE 13
(1)Where a person who satisfies the contribution conditions applicable in his case for unemployment benefit under the Act of one country and has not exhausted his right to that benefit under that Act is in the other country and makes a claim for unemployment benefit under the Act of that other country at any time before he has satisfied the contribution conditions applicable in his case for that benefit under that Act or after he has exhausted his right to such benefit, then, provided that he satisfies the condition that he has had not less than twelve days of unemployment in a period of interruption of employment within the meaning of the Act of that other country, he shall, for the purpose of his right to receive unemployment benefit under that Act, be treated, subject to the provisions of paragraph
(2)of this Article, as if the said conditions were satisfied, or as if he had not exhausted his right to such benefit, as the case may be.
(2)Where a person has been entitled in one country, by virtue of the provisions of paragraph
(1)of this Article, to unemployment benefit for twenty-six days in the period commencing with the day in respect of which he was first so entitled, he shall not thereafter, by virtue of those provisions, be entitled to unemployment benefit in that country save in

Article 14.

(3)Nothing in this Article shall be construed as authorising or requiring contributions paid by any person under the Act of the first-mentioned country to be treated as contributions paid by that person under the Act of the other country. ARTICLE 14
(1)Where a person has been entitled in one country to unemployment benefit for twenty-six days as mentioned in paragraph
(2)of the foregoing Article, he shall not again be entitled to unemployment benefit in that country by virtue of that Article unless twenty-six contributions in respect of contribution weeks subsequent to the day in respect of which he was first so entitled have been paid by him under the Act of the other country, and upon his again becoming so entitled the provisions of this Part of this Agreement shall apply as if he had then become so entitled for the first time.
(2)For the purpose of applying the provisions of paragraph
(1)of this Article, account shall be taken only of contributions paid by a person as an employed person under the Great Britain Act or of contributions paid under the Irish Act which are reckonable, in

paragraph 1 of the Fourth Schedule to that Act, for the purpose of a claim for unemployment benefit. ARTICLE 15

(1)Where any person who has been entitled to unemployment benefit in Ireland by virtue of Article 13 returns to Great Britain, there shall be disregarded, for the purpose of his right to receive unemployment benefit under the Great Britain Act, the last twenty-six contributions paid by him as an employed person under that Act before the day in respect of which he first became so entitled.
(2)Where any person who has been entitled to unemployment benefit in Great Britain by virtue of Article 13 returns to Ireland and makes a claim for unemployment benefit under the Irish Act, the number of days of such benefit (not being benefit payable by virtue of Article 13) to which such person may be entitled as a result of such claim shall be reduced by the number of days of unemployment benefit which such person obtained in Great Britain by virtue of that Article. ARTICLE 16
(1)Where a person who has been entitled to unemployment benefit in Ireland by virtue of Article 13 returns to Great Britain— (a) that person shall not be entitled to unemployment benefit under the Great Britain Act (otherwise than in

Article 13

) unless twenty-six contributions as an employed person have been paid by him under the Great Britain Act in respect of the period between the day on which he returns to Great Britain and the day for which benefit is claimed ; and (

  1. b)for the purpose of the contribution conditions for unemployment benefit under the Great Britain Act, contributions as an employed person shall be credited to him for the period between the beginning of the contribution year last preceding that in which he returned to Great Britain and the day on which he returned, and any contributions paid or credited in his case, other than contributions credited by virtue of this paragraph, in respect of that period shall be disregarded ; and (
  2. c)for the purpose of any regulations for the time being in force under the Great Britain Act relating to qualification for additional days of unemployment benefit, no account shall be taken of any contributions which are to be disregarded by reason of the provisions of Article 15.

(2)The provisions of sub-paragraph (
  1. b)of the preceding paragraph shall also apply in the case of a person insured under the Irish Act who returns to Great Britain after having been absent therefrom in Ireland for a period of not less than twenty-eight days, if twenty-six contributions as an employed person have been paid by him under the Great Britain Act in respect of the period between the day on which he returned to Great Britain and the day for which benefit is claimed. ARTICLE 17 For the purpose of the right of any person to receive in respect of a child or adult dependant an increase of unemployment benefit under the Act of either country such child or adult dependant shall, if in the other country, be treated as if he were in the country in which the Act in question is in force. PART V INSURANCE AND WORKMEN'S COMPENSATION FOR MASTERS AND MEMBERS OF THE CREWS OF SHIPS AND VESSELS ARTICLE 18 The provisions of this Part of this Agreement shall apply as respects any person who is employed under a contract of service as master or a member of the crew of any ship or vessel. ARTICLE 19 For the purposes of the Great Britain Acts, a person shall not be treated as a non-domiciled mariner if he is domiciled or has a place of residence in Ireland and, for the purposes of the Irish Acts, a person shall, notwithstanding the Social Welfare (Modifications of Insurance) Regulations, 1956, not be so treated if he is domiciled or has a place of residence in the United Kingdom. ARTICLE 20 Where any person, to whom this Part of this Agreement applies, is employed on board a ship or vessel whose port of registry is a port in one country and of which the owner (or managing owner if there is more than one owner) resides or has his principal place of business in the other country, then, subject to the provisions of Article 21 in respect of that employment— (
  2. a)if that person is ordinarily resident in the United Kingdom, the provisions of the Great Britain Acts shall, and those of the Irish Acts shall not, apply to him ; (
  3. b)if that person is ordinarily resident in Ireland, the provisions of the Irish Acts shall, and those of the Great Britain Acts shall not, apply to him ; and (
  4. c)if that person is not ordinarily resident in the United Kingdom or Ireland, the provisions of the Acts of the country of the port of registry shall (in so far as they are applicable), and those of the Acts of the other country shall not, apply to him. ARTICLE 21 Where, but for this Article, the provisions of the Acts of one country would be of application to a radio officer who is paid remuneration in respect of that employment by some person (other than the owner of the ship or vessel) having his principal place of business in the other country, then, in respect of that employment, the provisions of the Acts of the first-mentioned country shall not apply to that radio officer, and he shall be subject (in so far as they are applicable) to the provisions of the Acts of the other country, so, however, that for the purposes thereof the said person by whom the remuneration is paid shall be treated as his employer. ARTICLE 22 Where a person to whom this Part of this Agreement applies (other than a radio officer to whom the immediately preceding Article applies or a non-domiciled mariner) is employed on board a ship or vessel engaged in regular trade between Ireland and the United Kingdom, being a ship or vessel— (
  5. a)whose port of registry is a port in Great Britain, or, except where the owner (or managing owner if there is more than one owner) resides or has his principal place of business in Northern Ireland, in Ireland ; or (
  6. b)of which the owner (or managing owner if there is more than one owner) resides or has his principal place of business in either country and whose port of registry is not a port in Northern Ireland ; then, in respect of that employment— (
  7. i)if that person is ordinarily resident in the United Kingdom, the provisions of the Great Britain Acts shall, and those of the Irish Acts shall not, apply, and (
  8. ii)if that person is ordinarily resident in Ireland, the provisions of the Irish Acts shall, and those of the Great Britain Acts shall not, apply. ARTICLE 23 Where immediately before he becomes incapable of work a person is in employment on board a ship or vessel which is employment to which the provisions of the Acts of one country apply by virtue of this Part of this Agreement, he shall, for the purpose of any right to sickness benefit, be treated, while he remains so incapable, as if he were in that country, notwithstanding that he may be in or go to the other country. ARTICLE 24 If the provisions of the Acts of one of the two countries apply by virtue of Article 20 or 22 to a person employed on board a ship or vessel whose port of registry is not in that country, then, for the purpose of any claim to receive benefit, those provisions shall apply as if that ship or vessel were a ship or vessel whose port of registry was in that country. PART VI WIDOW'S BENEFIT ARTICLE 25
(1)While a widow is in, or is resident in, one country, widow's benefit under the Act of the other country may be paid to her as if she were not, as the case may be, absent from, or resident outside, that other country : Provided that, in the case of widow's benefit under the Great Britain Act, the rate of widow's benefit payable as if the widow were not so resident shall not exceed the rate of such benefit ascertained in accordance with the legislation which was in force in Great Britain at the date of her husband's death, or at the date when she was last resident in that country (whichever is the later), as it applied at that date to persons residing in that country.
(2)The presence, residence or birth of a child in one country (whether before or after this Agreement has effect) shall, for the purpose of determining the right of any person to receive widow's benefit under the Act of the other country, be treated as if it were or had been presence, residence or birth, as the case may require, in that other country : Provided that, in the case of widow's benefit under the Great Britain Act, this paragraph shall apply only if the widow is by reason thereof entitled, in respect of a period after this Agreement has effect, to a widowed mother's allowance or to an increase of such allowance or of a widow's allowance in respect of a child. PART VII GUARDIANS' ALLOWANCES ARTICLE 26
(1)Subject to the following provisions of this Article, for the purpose of the right of a person to receive a guardian's allowance in respect of a child under the Act of one country, the presence or residence of that person or of that child or of that person and that child in the other country shall be treated as if it were presence or residence, as the case may be, in the first-mentioned country.
(2)Where, but for this paragraph, guardians' allowances under the Acts of both countries would be payable in respect of the same child and that child is ordinarily resident in one country, only an allowance under the Act of that country shall be payable.
(3)Except in a case to which the last preceding paragraph applies or in the case of an orphan's pension or child's allowance under the Great Britain Act, a person shall be disqualified for receiving a guardian's allowance under the Act of one country in respect of a child who is ordinarily resident in the other country, unless the parent or other person by virtue of whose insurance the allowance is payable had paid at least one hundred and fifty-six contributions as an insured person under that Act, if it is the Great Britain Act, or twenty-six such contributions if it is the Irish Act.
(4)A guardian's allowance payable under the Great Britain Act in respect of a child in Ireland shall not be paid at a rate exceeding the rate of a guardian's allowance payable under the Irish Act unless the child is only temporarily absent from Great Britain. PART VIII MISCELLANEOUS PROVISIONS ARTICLE 27
(1)For the purpose of the right of any person to receive, in respect of a child or an adult dependant, an increase of sickness benefit or maternity allowance under the Act of either country, an increase of industrial injury benefit under the Industrial Injuries Act, or any allowance additional to weekly payment by way of compensation under the Workmen's Compensation Act, 1934 , such child or adult dependant shall, if in the other country, be treated as if he were in the country in which the Act in question is in force.
(2)For the purpose of the right of any person to receive an increase of benefit in respect of a child, widow's benefit or guardian's allowance— (
  1. a)a child in Ireland shall not be treated under the Great Britain Act as included in any family as respects any period during which he is detained in a reformatory or an industrial school ; and (
  2. b)a child in Great Britain shall not be treated under the Irish Act as a qualified child as respects any period during which he is detained in a remand home or an approved school. ARTICLE 28 Such financial adjustments between the Great Britain Fund and the Irish Fund as may be agreed from time to time in connection with this Agreement shall be made by the competent authorities. ARTICLE 29 The existing Agreements made by the Minister for Social Welfare with the Minister of National Insurance on the 28th January, 1953, and with the Governor of the Isle of Man on the 9th September, 1954, shall be terminated on the coming into force of this Agreement : Provided that— (
  3. a)in relation to a person in whose case the existing Agreement between the Minister of National Insurance and the Minister for Social Welfare has applied— (
  4. i)the references in Part IV of this Agreement to unemployment benefit by virtue of Article 13 of this Agreement shall include references to such benefit by virtue of Article 14 of that existing Agreement and the references in the said Part IV to the day in respect of which a person was first entitled to unemployment benefit by virtue of the said Article 13 shall, in relation to any period before the coming into operation of this Agreement, be construed as referring to the date in respect of which a transfer was made in respect of him under Article 15 of that existing Agreement ; and (
  5. ii)the reference in the proviso to paragraph
(2)of Article 25 of this Agreement to a period after this Agreement has effect shall include a reference to a period after that existing Agreement had effect ; (
  1. b)where a person in one country is receiving sickness benefit or maternity allowance under the Act of the other country when this Agreement comes into force, that person shall, during any period during which he is in the first-mentioned country and would, but for this Agreement, have continued without a break to be entitled to that benefit or allowance under that Act, be treated as if this Agreement had not been made ; (
  2. c)where a person other than one to whom proviso (
  3. b)of this Article applies is on the date when this Agreement comes into force receiving sickness benefit by virtue of the Agreements made by the Minister for Social Welfare with the Minister of National Insurance on the 28th January, 1953 and with the Governor of the Isle of Man on the 9th September, 1954, the provisions of this Agreement shall apply provided that the contribution year prescribed in his case under the provisions of the former Agreements shall, where this is to his advantage, continue to apply for such period as it would have applied under those provisions ; (
  4. d)instead of any sums which, before the coming into force of this Agreement, have, in

paragraphs

(1)and
(2)of Article 15 of the existing Agreement between the Minister of National Insurance and the Minister for Social Welfare, become due to be transferred from the Fund of one country to the Fund of the other country, there shall be so transferred such sum as may be agreed by the competent authorities. In witness whereof the undersigned, duly authorised by their respective Governments, have signed the present Agreement. Done in duplicate at London, this 29th day of March nineteen hundred and sixty. For the Government of Ireland : SEÁN MacENTEE For the Government of the United Kingdom:JOHN BOYD-CARPENTER EXPLANATORY NOTE. This Order gives effect to the Agreement (set out in the Schedule) made between this country and Great Britain and the Isle of Man in relation to social welfare benefits and modifies the Social Welfare Acts, 1952 to 1958, in their application to persons affected by that Agreement. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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