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matters relating to insurance set out in the Agreement in the Schedule to this Order were made by the Minister for Social Welfare with the Ministry
Labour and National Insurance : AND WHEREAS by Article 4
the Agreement it was provided that the Agreement should come into force on the 5th day
October, 1964 : NOW THEREFORE, I, CAOIMHGHÍN Ó BEOLÁIN, Minister for Social Welfare, in exercise
the powers conferred on me by section 64
the Social Welfare Act, 1952 (No. 11
1952), with the sanction
the Minister for Finance, hereby make the following Order :—
matters relating to insurance set out in the Schedule to this Order shall have full force and effect as on and from the 5th day
October, 1964, and the Social Welfare Acts, 1952 to 1964, shall have effect subject to such modifications as may be required for the purpose
giving effect to the provisions contained in the said Agreement. 3. The Social Welfare (Northern Ireland Reciprocal Arrangements) Order, 1953 ( S.I. No. 56
1953 ), is hereby revoked as on and from the 5th day
October, 1964. SCHEDULE. AGREEMENT RELATING TO INSURANCE AND WORKMEN'S COMPENSATION BETWEEN THE MINISTER FOR SOCIAL WELFARE AND THE MINISTRY
LABOUR AND NATIONAL INSURANCE. PART I. DEFINITIONS AND GENERAL PROVISIONS. ARTICLE I
the Republic
Ireland " means the Social Welfare Act, 1952 ; " the Acts
the Republic
Ireland " means the Social Welfare Act, 1952 , and the Workmen's Compensation Act, 1934 ; " competent authority " means, in relation to Northern Ireland, the Ministry
Labour and National Insurance and, in relation to the Republic
Ireland, the Minister for Social Welfare; " contributions
the appropriate class " means contributions (whether under the Northern Ireland Act or the Act
the Republic
Ireland or under any enactment repealed by either
those Acts) having effect for the purposes, as the case may be,
sickness benefit or
maternity benefit ; " contribution week " has the meaning assigned to the expression in the Northern Ireland Act and in the Act
the Republic
Ireland ; " guardian's allowance " means guardian's allowance under the Northern Ireland Act or orphan's (contributory) allowance under the Act
the Republic
Ireland ; " 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 or residence in the United Kingdom, and, for the purposes
the Acts
the Republic
Ireland, a person so employed who neither is domiciled nor has a place
residence in the Republic
Ireland; " radio
ficer " means a person to whom Part V
the Agreement applies who is employed on board any ship or vessel in connection with the radio apparatus thereof ; " relevant contribution year " means the contribution year or other period
fifty-two or fifty-three weeks in which the contribution conditions for sickness benefit, maternity grant or maternity allowance, as the case may be, require a number
contributions to have been paid or credited ; " sickness benefit " means, as the case may require, sickness benefit under the Northern Ireland Act or disability benefit under the Act
the Republic
Ireland ; " the Northern Ireland Fund " means the National Insurance Fund established under the Northern Ireland Act ; " the Fund
the Republic
Ireland " means the Social Insurance Fund established under the Act
the Republic
Ireland ; " United Kingdom " includes the Isle
Man ; " widow's benefit " means widow's benefit under the Northern Ireland Act or widow's pension under any enactment repealed by that Act, or widow's (contributory) pension under the Act
the Republic
Ireland or any enactment repealed by that Act, and includes any allowance payable therewith in respect
a child.
or on behalf
that person, not being employers' contributions under the Northern Ireland Act.
paragraph
this Article, references in this Agreement to any enactment, order or regulation shall include references to such enactment, order or regulation as amended, modified, adapted, extended or supplemented by any subsequent enactment, order or regulation.
paragraph
this Article shall apply, only if and to the extent that the competent authorities so agree, to any enactment, order or regulation which amends, modifies, adapts, extends or supplements the Northern Ireland Acts or the Acts
the Republic
Ireland for the purpose
giving effect to any reciprocal agreement or arrangements on social security made with a third party. ARTICLE 2 Nothing in this Agreement shall confer a right to double benefit. ARTICLE 3 The competent authorities shall from time to time determine the procedure appropriate for the purposes
this Agreement, and all matters
an incidental or supplementary nature which in their opinion are relevant for the purpose
giving effect thereto. ARTICLE 4 This Agreement shall come into force on the 5th October, 1964 but either competent authority may terminate it on giving not less than six months previous notice in writing. PART II. RESIDENTS
NORTHERN IRELAND OR THE REPUBLIC
IRELAND EMPLOYED IN THE REPUBLIC
IRELAND OR NORTHERN IRELAND RESPECTIVELY. ARTICLE 5
Ireland in the course
his service for an employer who is resident or has a place
business in Northern Ireland, or (b) is temporarily employed in the Republic
Ireland by an employer who is resident or has a place
business in Northern Ireland and has been engaged for that employment outside the Republic
Ireland, then, in relation to that employment— (i) the provisions
the Northern Ireland Acts which concern the payment
contributions shall apply to him as if it were in Northern Ireland ; and (ii) the provisions
the Acts
the Republic
Ireland shall not apply.
Ireland— (a) is temporarily employed in Northern Ireland in the course
his service for an employer who is resident or has a place
business in the Republic
Ireland, or (b) is temporarily employed in Northern Ireland by an employer who is resident or has a place
business in the Republic
Ireland and has been engaged for that employment outside Northern Ireland, then, in relation to that employment— (i) the provisions
the Act
the Republic
Ireland which concern the payment
contributions shall apply to him as if it were in the Republic
Ireland ; and (ii) the provisions
the Northern Ireland Acts shall not apply.
applying the provisions
paragraphs
this Article, a person shall cease, unless the competent authorities otherwise agree in any particular case, to be treated as temporarilyemployed in Northern Ireland or the Republic
Ireland if his employment in Northern Ireland or the Republic
Ireland, as the case may be, has lasted for as long as twelve months.
Ireland by one employer, then, in relation to that employment in that week— (i) the provisions
the Northern Ireland Acts which concern the payment
contributions shall apply to him as if it were in Northern Ireland only ; and (ii) the provisions
the Acts
the Republic
Ireland shall not apply.
Ireland is employed in any contribution week in both the Republic
Ireland and Northern Ireland by one employer, then, in relation to that employment in that week— (i) the provisions
the Act
the Republic
Ireland which concern the payment
contributions shall apply to him as if it were in the Republic
Ireland only ; and (ii) the provisions
the Northern Ireland Acts shall not apply.
the Republic
Ireland in respect
employment in Northern Ireland or under the Northern Ireland Acts in respect
employment in the Republic
Ireland otherwise than in accordance with the provisions
paragraphs
this Article.
the provisions
the Northern Ireland Act which concern residence and persons abroad, a person shall be treated as if he had been liable to pay contributions in respect
an employed contributor's employment outside Northern Ireland in accordance with those provisions for any period for which he was liable to pay contributions in accordance with the provisions
paragraphs
this Article. ARTICLE 6
Ireland and in relation to that employment those provisions
the Northern Ireland Acts which concern the payment
contributions apply to that person in accordance with the provisions
— (a) for the purpose
any claim to receive sickness benefit under the Northern Ireland Act, that person shall be treated as if he were in Northern Ireland ; (b) for the purpose
any claim by that person to receive a maternity grant or maternity allowance under the Northern Ireland Act, she shall be treated as if she were in Northern Ireland and, if she is confined in the Republic
Ireland, as if she had been confined in Northern Ireland ; (c) for the purpose
any claim by that person's wife to receive a maternity grant under the Northern Ireland Act, she shall be treated, if she is in, or confined in, the Republic
Ireland, as if she were, respectively, in, or confined in, Northern Ireland ; (d) for the purpose
any claim, in respect
an industrial accident occurring or an industrial disease contracted in the course
such employment, to receive benefit under the Industrial Injuries Act, that person shall be treated as if the accident had occurred or the disease had been contracted in Northern Ireland, and, as if that employment were insurable and as if the claimant were in Northern Ireland.
the Act
the Republic
Ireland which concern the payment
contributions apply to that person in accordance with the provisions
— (a) for the purpose
any claim to receive sickness benefit under the Act
the Republic
Ireland, that person shall be treated as if he were in the Republic
Ireland ; (b) for the purpose
any claim by that person to receive a maternity grant or maternity allowance under the Act
the Republic
Ireland, she shall be treated as if she were in the Republic
Ireland and, if she is confined in Northern Ireland, as if she had been confined in the Republic
Ireland ; (c) for the purpose
any claim by that person's wife to receive a maternity grant under the Act
the Republic
Ireland, she shall be treated, if she is in, or confined in, Northern Ireland, as if she were, respectively, in, or confined in, the Republic
Ireland ; (d) for the purpose
any claim, in respect
an industrial accident occurring or an industrial disease contracted in the course
such employment, to receive weekly payments by way
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 Republic
Ireland. PART III MARRIAGE BENEFIT, SICKNESS BENEFIT AND MATERNITY BENEFIT ARTICLE 7
where a person insured under the Northern Ireland Act is in the Republic
Ireland, then for the purpose
sickness benefit and maternity allowance— (a) the provisions
the Northern Ireland Act shall not apply in his case ; and (b) in the application to him
the provisions
the Act
the Republic
Ireland, as may yield the higher rate
benefit, either (i) no account shall be taken
insurance, contributions or benefit under the Northern Ireland Act ; or (ii) insurance, contributions
the appropriate class paid or credited and sickness benefit or maternity allowance paid or claimed under the Northern Ireland Act shall be treated as if they had been respectively insurance, contributions
the appropriate class paid or credited and sickness benefit or maternity allowance paid or claimed under the Act
the Republic
Ireland : Provided that— (aa) no sickness benefit shall be paid to any person under the Act
the Republic
Ireland by virtue
sub-paragraph (b) (ii)
this paragraph for any period before the expiry
twenty-six weeks after he attains the age
sixteen ; bb) where a person who is receiving sickness benefit in Northern Ireland goes to the Republic
Ireland and continues without a break
more than six days to claim that benefit in the Republic
Ireland by virtue
the said sub-paragraph (b) (ii), then, until the beginning
the benefit year next following the benefit year applying to him under the Act
the Republic
Ireland on his arrival the contributions
the appropriate class paid by or credited to him under the Northern Ireland Act (including any treated as so paid or credited by virtue
sub-paragraph (b) (ii)
paragraph
this Article) in respect
the relevant contribution year applying to him under that Act on his departure shall be treated (to the exclusion
any other contributions) as if they had been contributions
the appropriate class paid by or credited to him in respect
the relevant contribution year applying under the Act
the Republic
Ireland ; (cc) where a woman goes from Northern Ireland to the Republic
Ireland during the period for which she is entitled to receive a maternity allowance under the Northern Ireland Act, 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
the Republic
Ireland, and for any period before an allowance becomes payable under the Act
the Republic
Ireland, she shall be treated for the purpose
her right to an allowance under the Northern Ireland Act as if she had remained in Northern Ireland.
where a person insured under the Act
the Republic
Ireland is in Northern Ireland, then for the purpose
sickness benefit and maternity allowance— (a) the provisions
the Act
the Republic
Ireland shall not apply in his case ; and (b) in the application to him
the provisions
the Northern Ireland Act, as may yield the higher rate
benefit, either (i) no account shall be taken
insurance, contributions or benefit under the Act
the Republic
Ireland ; or (ii) insurance, contributions
the appropriate class paid or credited and sickness benefit or maternity allowance paid or claimed under the Act
the Republic
Ireland shall be treated as if they had been respectively insurance, contributions
the appropriate class paid or credited and sickness benefit or maternity allowance paid or claimed under the Northern Ireland Act ; Provided that— (aa) the rate at which sickness benefit or maternity allowance (including any increase) shall be payable by virtue
sub-paragraph (b) (ii)
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
the Act
the Republic
Ireland if he had remained in the Republic
Ireland and had fully satisfied the contribution conditions
that Act— (i) unless and until not less than thirteen contributions
the appropriate class have been paid by him under the Northern Ireland Act in respect
contribution weeks since he last arrived in Northern Ireland ; or (ii) unless and until one hundred and fifty-six contributions
the appropriate class have been paid by him under the Northern Ireland Act and not less than twenty-six such contributions have been paid by or credited to him in respect
the relevant contribution year under that Act ; or (iii) unless and until twenty-six contributions
the appropriate class have been paid by or credited to him under the Northern Ireland Act in respect
the last contribution year under that Act before he last arrived in Northern Ireland other than contributions credited to him in respect
weeks before he became insured under that Act ; or (iv) unless the day in respect
which the benefit or allowance is claimed is separated by not more than thirteen weeks from the last day for which he previously received sickness benefit or maternity allowance under the Northern Ireland Act at a rate higher than the rate at which it would have been so payable ; (bb) where a person who is receiving sickness benefit in the Republic
Ireland goes to Northern Ireland and continues without a break
more than six days to claim that benefit in Northern Ireland by virtue
the said sub-paragraph (
the benefit year next following the benefit year applying to him under the Northern Ireland Act on his arrival the contributions
the appropriate class paid by or credited to him under the Act
the Republic
Ireland (including any treated as so paid or credited by virtue
sub-paragraph (b) (ii)
paragraph
this Article) in respect
the relevant contribution year applying to him under that Act on his departure shall be treated (to the exclusion
any other contributions) as if they had been contributions
the appropriate class paid by or credited to him in respect
the relevant contribution year applying to him under the Northern Ireland Act ; (cc) where a woman goes from the Republic
Ireland to Northern Ireland during the period for which she is entitled to receive a maternity allowance under the Act
the Republic
Ireland, 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 Northern Ireland Act ; (dd) a person shall not be entitled to sickness benefit under the Northern Ireland Act in respect
any period during which he is a member
the Defence Forces
the Republic
Ireland.
the foregoing paragraphs
this Article shall apply to a person as if he were in Northern Ireland while treated under that Article as being there, or in the Republic
Ireland while treated under that Article as being there. ARTICLE 8 Where a woman insured under the Act
the Republic
Ireland marries in the Republic
Ireland after being in Northern Ireland 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
weeks since she was last employed in Northern Ireland, then, for the purposes
marriage benefit under that Act, all contributions paid or credited under the Act
the Republic
Ireland or under the Northern Ireland Act (other than contributions paid by her as a non-employed person under the Northern Ireland Act) shall be taken into account. ARTICLE 9 For the purpose
any claim to receive a maternity grant under the Northern Ireland Act, a woman who is in, or is confined in, the Republic
Ireland shall be treated as if she were, respectively, in, or confined in, Northern Ireland and for the purpose
any claim to receive a maternity grant under the Act
the Republic
Ireland, a woman who is in, or is confined in, Northern Ireland shall be treated as if she were, respectively, in or confined in, the Republic
Ireland. ARTICLE 10
Ireland and (apart from the provisions
this paragraph) no maternity grant is payable under the Act
the Republic
Ireland or the Northern Ireland Act, then, in determining whether she or her husband satisfies the relevant contribution conditions for a maternity grant under the Act
the Republic
Ireland, insurance and contributions
the appropriate class paid or credited under the Northern Ireland Act shall be treated as if they had been respectively insurance and contributions
the appropriate class paid or credited under the Act
the Republic
Ireland.
this paragraph) no maternity grant is payable under the Northern Ireland Act or the Act
the Republic
Ireland, then, in determining whether she or her husband satisfies the relevant contribution conditions for a maternity grant under the Northern Ireland Act, insurance and contributions
the appropriate class paid or credited under the Act
the Republic
Ireland shall betreated as if they had been respectively insurance and contributions
the appropriate class paid or credited under the Northern Ireland Act : Provided that— (i) the amount
any maternity grant which is payable under the Northern Ireland Act by virtue
this paragraph shall not exceed the amount
a maternity grant under the Act
the Republic
Ireland ; (ii) the allowance
a claim for a maternity grant under the Northern Ireland Act by virtue
this paragraph shall not confer any right to a home confinement grant under that Act.
the foregoing paragraphs shall apply to a woman as if she were confined in Northern Ireland if she is treated under that Article as being there at the time
her confinement, or in the Republic
Ireland if she is treated under that Article as being there at the time
her confinement. ARTICLE 11
any claim to receive sickness benefit under the Northern Ireland Act a person in Northern Ireland who is incapable
work by reason
an injury or disease in respect
which he is entitled to a payment
workmen's compensation under the Workmen's Compensation Act, 1934 shall be treated as if that payment were a payment
equal amount under the Industrial Injuries Act and for the purpose
any claim to receive sickness benefit under the Act
the Republic
Ireland a person in the Republic
Ireland who is incapable
work by reason
an injury or disease in respect
which he is entitled to a payment
benefit under the Industrial Injuries Act shall be treated as if that payment were a payment
equal amount under the Workmen's Compensation Act, 1934 .
paragraph
this Article a payment
workmen's compensation under the Workmen's Compensation Act, 1934 is treated as if it were a payment
benefit under the Industrial Injuries Act it shall be treated also as if it were a payment
injury benefit under that Act.
any workmen's compensation for any day shall be one sixth
the amount
the compensation for the week in which that day occurs ; and where the amount
the compensation for that week is not a multiple
sixpence it shall be treated as the next lower amount which is a multiple
sixpence. PART IV UNEMPLOYMENT BENEFIT ARTICLE 12 In this Part
this Agreement " employment " means in relation to any person any employment by virtue
which contributions as an employed person are payable under the Northern Ireland Act or employment contributions are payable under the Act
the Republic
Ireland not being employment contributions which, as respects unemployment benefit, are disregarded in accordance with the provisions
paragraph 1
the Fourth Schedule to that Act ; and the expressions " employer " and " employed " refer to such employment. ARTICLE 13 Subject to the provisions
— (a) where a person ordinarily resident in Northern Ireland has been employed in the Republic
Ireland and makes a claim for unemployment benefit under the Northern Ireland Act for any day in respect
which he does not satisfy the contribution conditions applicable in his case under that Act, or after he has exhausted his right to unemployment benefit under that Act, he shall be treated as if in relation to that day he satisfied those conditions or as if he had not exhausted his right to that benefit as the case may be ; (b) where a person ordinarily resident in the Republic
Ireland has been employed in Northern Ireland and makes a claim for unemployment benefit under the Act
the Republic
Ireland for any day in respect
which he does not satisfy the contribution conditions applicable in his case under that Act, or after he has exhausted his right to unemployment benefit under that Act, he shall be treated as if in relation to that day he satisfied those conditions or as if he had not exhausted his right to that benefit as the case may be. ARTICLE 14 For the purposes
unemployment benefit shall be made to any person by virtue
that Article unless that person has given notice in writing, (i) if his case is one coming within paragraph (a), to the competent authority
the Republic
Ireland, or (ii) if his case is one coming within paragraph (b), to the competent authority
Northern Ireland, that he elects to have his claim for unemployment benefit treated in accordance with the provisions
the said paragraph (
shall apply shall be entitled to receive unemployment benefit for not more than one day for every two contributions paid by him under the Act
the Republic
Ireland in respect
the employment mentioned in the said paragraph (a) : Provided that in calculating the total number
days for which unemployment benefit is payable in accordance with this paragraph there shall be disregarded— (a) any contribution which it has been necessary to take into account for the purpose
making a payment to that person
unemployment benefit under that Act or under the scheme
national insurance in force in Great Britain ; and (b) any contribution paid in respect
the employment so mentioned in any week earlier than the date on which he last so elected ; and (c) any contribution paid in respect
such employment in any week earlier than the 312 weeks next before the date
the election being weeks in respect
which such contributions (excluding any contribution to be disregarded under this proviso) were paid.
shall apply shall be entitled to receive unemployment benefit for not more than one day for every two contributions paid by him as an employed person under the Northern Ireland Act in respect
the employment mentioned in the said paragraph (b) : Provided that in calculating the total number
days for which unemployment benefit is payable in accordance with this paragraph there shall be disregarded— (a) any contribution which it has been necessary to take into account for the purpose
making a payment to that person
unemployment benefit under that Act or under the scheme
national insurance in force in Great Britain or in the Isle
Man ; and (b) any contribution paid in respect
the employment so mentioned in any week earlier than the date on which he last so elected ; and (c) any contribution paid in respect
such employment in any week earlier than the 312 weeks next before the date
the election being weeks in respect
which such contributions (excluding any contribution to be disregarded under this proviso) were paid. ARTICLE 15
unemployment benefit has been made to any person under the Northern Ireland Act by virtue
, the contributions paid by him in respect
employment in the Republic
Ireland which were taken into account for the purposes
calculating the total number
days for which unemployment benefit is payable under that Act by virtue
paragraph
shall be disregarded in determining the right
that person to receive unemployment benefit under the Act
the Republic
Ireland.
unemployment benefit has been made to any person under the Act
the Republic
Ireland by virtue
, the contributions paid by him in respect
employment in Northern Ireland which were taken into account for the purposes
calculating the total number
days for which unemployment benefit is payable under that Act by virtue
paragraph
shall be disregarded in determining the right
that person to receive unemployment benefit under the Northern Ireland Act. PART V INSURANCE AND WORKMEN'S COMPENSATION FOR MASTERS AND MEMBERS
THE CREWS
SHIPS AND VESSELS ARTICLE 16 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. ARTICLE 17 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 Acts
the Republic
Ireland, a person shall, notwithstanding the Social Welfare (Modifications
Insurance) Regulations, 1956, not be so treated if he is domiciled or has a place
residence in the United Kingdom. ARTICLE 18
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 Acts
the Republic
Ireland shall not, apply to him; (b) if that person is ordinarily resident in the Republic
Ireland, the provisions
the Acts
the Republic
Ireland shall, and those
the Northern Ireland Acts shall not, apply to him ; and (c) if that person is not ordinarily resident in the United Kingdom or the Republic
Ireland, the provisions
the Northern Ireland Acts shall (in so far as they are applicable), and those
the Acts
the Republic
Ireland 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
the Northern Ireland Acts shall, and those
the Acts
the Republic
Ireland shall not, apply to him; (b) if that person is ordinarily resident in the Republic
Ireland, the provisions
the Acts
the Republic
Ireland shall, and those
the Northern Ireland Acts shall not, apply to him ; and (c) if that person is not ordinarily resident in the United Kingdom or the Republic
Ireland, the provisions
the Acts
the Republic
Ireland shall (in so far as they are applicable), and those
the Northern Ireland Acts shall not, apply to him. ARTICLE 19 If the National Insurance Acts in force in Great Britain apply to a radio
ficer 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, then, in relation to that employment, the provisions
the Northern Ireland Acts or the Acts
the Republic
Ireland, as the case may be, shall not apply to that radio
ficer. ARTICLE 20 Where a person to whom this Part
this Agreement applies (other than a radio
ficer 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 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 the Isle
Man 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 Acts
the Republic
Ireland shall not, apply ; and (ii) if that person is ordinarily resident in the Republic
Ireland, the provisions
the Acts
the Republic
Ireland shall, and those
the Northern Ireland Acts shall not, apply. ARTICLE 21 Where immediately before he becomes incapable
work a person is in employment on board a ship or vessel which is employment to which the provisions
the Northern Ireland Acts apply by virtue
this Part
this Agreement, he shall, for the purpose
any right to sickness benefit, be treated, while he remains so incapable, as if he were in Northern Ireland, notwithstanding that he may be in or go to the Republic
Ireland and where immediately before he becomes incapable
work a person is in employment on board a ship or vessel which is employment to which the provisions
the Acts
the Republic
Ireland apply by virtue
this Part
this Agreement, he shall, for the purpose
any right to sickness benefit, be treated, while he remains so incapable, as if he were in the Republic
Ireland, notwithstanding that he may be in or go to Northern Ireland. ARTICLE 22 If the provisions
the Northern Ireland Acts apply by virtue
or 20 to a person employed on board a ship or vessel whose port
registry is not in Northern Ireland, then, for the purpose
any claim to receive benefit, those provisions shall apply as if that ship or vessel were a ship or vessel whose port
registry was in Northern Ireland, and if the provisions
the Acts
the Republic
Ireland apply by virtue
or 20 to a person employed on board a ship or vessel whose port
registry is not in the Republic
Ireland, then, for the purpose
any claim to receive benefit, those provisions shall apply as if that ship or vessel were a ship or vessel whose port
registry was in the Republic
Ireland. ARTICLE 23 For the purposes
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 Act
the Republic
Ireland apply shall be treated as if it were a period
employment in the Republic
Ireland. PART VI WIDOW'S BENEFIT ARTICLE 24
the Republic
Ireland may be paid to her as if she were not, as the case may be, absent from, or resident outside, the Republic
Ireland and while a widow is in, or is resident in, the Republic
Ireland, widow's benefit under the Northern Ireland Act may be paid to her as if she were not, as the case may be, absent from, or resident outside, Northern Ireland : Provided that, in the case
widow's benefit under the Northern Ireland Act, the rate
benefit payable shall be determined in accordance with those provisions
that Act which concern the payment
that benefit to persons who are not resident in Northern Ireland.
a child in Northern Ireland (whether before or after this Agreement has effect) shall, for the purpose
determining the right
any person to receive widow's benefit under the Act
the Republic
Ireland, be treated as if it were or had been presence, residence or birth, as the case may require, in the Republic
Ireland and the presence, residence or birth
a child in the Republic
Ireland (whether before or after this Agreement has effect) shall, for the purpose
determining the right
any person to receive widow's benefit under the Northern Ireland Act, be treated as if it were or had been presence, residence or birth, as the case may require, in Northern Ireland : Provided that, in the case
widow's benefit under the Northern Ireland Act, this paragraph shall apply only if the widow is by reason thereof entitled, in respect
a period after this Agreement has effect, to an increase
a widow's allowance or
a widowed mother's allowance in respect
a child. PART VII GUARDIANS' ALLOWANCES ARTICLE 25
this Article, for the purpose
the right
a person to receive a guardian's allowance in respect
a child under the Northern Ireland Act, the presence or residence
that person or
that child or
that person and that child in the Republic
Ireland shall be treated as if it were presence or residence, as the case may be, in Northern Ireland and, for the purpose
the right
a person to receive a guardian's allowance in respect
a child under the Act
the Republic
Ireland, the presence or residence
that person or
that child or
that person and that child in Northern Ireland shall be treated as if it were presence or residence, as the case may be, in the Republic
Ireland.
the Republic
Ireland would be payable in respect
the same child only an allowance under the Northern Ireland Act shall be payable if that child is ordinarily resident in Northern Ireland, and only an allowance under the Act
the Republic
Ireland shall be payable if that child is ordinarily resident in the Republic
Ireland.
an orphan's pension or child's allowance under the Northern Ireland Act, a person shall be disqualified for receiving a guardian's allowance under the Northern Ireland Act in respect
a child who is ordinarily resident in the Republic
Ireland, unless the parent or other person by virtue
whose insurance the allowance is payable had paid at least one hundred and fifty-six contributions as an insured person under the Northern Ireland Act, and a person shall be disqualified for receiving a guardian's allowance under the Act
the Republic
Ireland in respect
a child who is ordinarily resident inNorthern Ireland, unless the parent or other person by virtue
whose insurance the allowance is payable had paid at least twenty-six contributions as an insured person under the Act
the Republic
Ireland.
a child in the Republic
Ireland shall not be paid at a rate exceeding the rate
a guardian's allowance payable under the Act
the Republic
Ireland unless the child is only temporarily absent from Northern Ireland. PART VIII MISCELLANEOUS PROVISIONS. ARTICLE 26.
the right
any person to receive in respect
a child or an adult dependant, an increase
sickness benefit, maternity allowance or unemployment benefit under the Northern Ireland Act, or an increase
industrial injury benefit under the Industrial Injuries Act, such child or adult dependant shall, if in the Republic
Ireland, be treated as if he were in Northern Ireland, and for the purpose
the right
any person to receive in respect
a child or an adult dependant, an increase
sickness benefit or unemployment benefit under the Act
the Republic
Ireland, or any allowance additional to weekly payment by way
compensation under the Workmen's Compensation Act, 1934 , such child or adult dependant shall, if in Northern Ireland, be treated as if he were in the Republic
Ireland.
the right
any person to receive an increase
benefit in respect
a child, widow's benefit or guardian's allowance— (a) a child in the Republic
Ireland shall not be treated under the Northern Ireland Act as included in any family as respects any period during which he is detained in a reformatory or an industrial school ; and (b) a child in Northern Ireland shall not be treated under the Act
the Republic
Ireland as a qualified child as respects any period during which he is detained in a remand home or a training school. ARTICLE 27. Such financial adjustments between the Northern Ireland Fund and the Fund
the Republic
Ireland as may be agreed from time to time in connection with this Agreement shall be made by the competent authorities. ARTICLE 28. The Agreement relating to Insurance and Workmen's Compensation made on the 27th January, 1953, between the Minister for Social Welfare and the Ministry
Labour and National Insurance (in this Article referred to as " the existing Agreement ") shall be terminated on the coming into force
this Agreement : Provided that— (a) where, immediately before the date on which this Agreement comes into force, a person in Northern Ireland is entitled to sickness benefit or maternity allowance under the Act
the Republic
Ireland, that person shall during any period during which he is in Northern Ireland and would, but for this Agreement, have continued without a break to be entitled to that benefit or allowance under the Act
the Republic
Ireland, be treated as if this Agreement had not been made ; (b) where, immediately before the date on which this Agreement comes into force, a person in the Republic
Ireland is entitled to sickness benefit or maternity allowance under the Northern Ireland Act, that person shall, during any period during which he is in the Republic
Ireland and would, but for this Agreement, have continued without a break to be entitled to that benefit or allowance under the Northern Ireland Act, be treated as if this Agreement had not been made ; (
this Article applies is entitled to sickness benefit by virtue
the existing Agreement the contribution year then applying to him in pursuance
the provisions
the existing Agreement shall, if to his advantage, continue to apply to him for such period as it would have applied if this Agreement had not been made ; (d) where a person would but for this Article be entitled to receive unemployment benefit for any day on or after the date on which this Agreement comes into force by virtue
contributions credited to him under paragraph
the existing Agreement his claim for unemployment benefit in respect
that day shall be determined by reference to those contributions and the provisions
this Agreement shall not apply ; (e) subject to proviso (d)
this Article the contributions mentioned in Article 18
the existing Agreement shall be disregarded for the purpose
the right
any person to receive unemployment benefit for any day on or after the date on which this Agreement comes into force. GIVEN under the
ficial Seal
the Minister for Social Welfare on the 22nd day
July nineteen hundred and sixty-four. CAOIMHGHÍN Ó BEOLÁIN Minister for Social Welfare. GIVEN under the
ficial Seal
the Ministry
Labour and National Insurance on the 22nd day
July nineteen hundred and sixty-four HERBERT V. KIRK, Minister
Labour and National Insurance. GIVEN under my
ficial Seal this third day
September, 1964. CAOIMHGHÍN Ó BEOLÁIN, Minister for Social Welfare. I, SEAMAS Ó RIAIN, Minister for Finance, hereby sanction the foregoing Order. GIVEN under my
ficial Seal, this third day
September, 1964 SÉAMAS Ó RIAIN, Minister for Finance. EXPLANATORY NOTE. This Order gives effect to the provisions relating to social welfare benefits contained in the Agreement set out in the Schedule to the Order and modifies the Social Welfare Acts, 1952 to 1964, in their application to persons affected by the Agreement. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government
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