(6)Where any amount by way of benefit under the legislation of one country has been paid in respect of any period after an election or cancellation of an election becomes operative and it is afterwards found that, by reason of such election or cancellation, that amount was not payable but benefit was payable (whether to the same person or to that person's spouse) for the same period under the legislation of the other country, the amount so paid shall be treated as having been paid on account of the benefit due under the legislation of the latter country. ARTICLE 7

(1)In the case of a person, who is a married man at the time of giving a notice of election or cancellation of an election under the foregoing article, the notice shall not take effect unless either his wife consents in writing to the election or cancellation or the competent authority of the United Kingdom is satisfied that she cannot be traced or is unable to act or that for some other reason her consent may be dispensed with.

(2)Where an election has been made by a man under the foregoing Article and remains in force, no retirement pension or widow's benefit under the legislation of the United Kingdom shall (

(3)and thereafter no widow's benefit shall be payable to her under the Irish legislation arising out of that election.

(3)Where a married person is entitled to an old age (contributory) pension by virtue of the foregoing Article, no increase of that pension shall be payable in respect of his or her spouse for any period for which that spouse is entitled to a retirement pension by virtue of her or his own insurance: Provided that— (

1. a)in such a case the spouse may by notice in writing to the competent authority of the United Kingdom choose from time to time to be or not to be entitled to the last-mentioned pension for any week commencing after the date on which such notice is so given, so however that for any period in respect of which no such notice is given she or he shall be treated as if she or he had chosen to be entitled to that pension; (
2. b)the provisions of paragragh

(6)of the foregoing Article shall apply to a choice under this Article as they apply to an election under that Article; and (c) references in this paragraph, or in a notice of choice thereunder, to a retirement pension shall be deemed not to include such part (if any) of that pension as is referred to in Article 10

(1)(a) and (b). PART III BENEFIT FOR WIDOWHOOD ARTICLE 8

(1)Subject to the provisions of this Article, a woman whose husband (not being a person who attained the age of 65 or died before 5th July, 1948) was or had been an insured person under the legislation of both countries may at any time after his death elect to have his insurance under the legislation of the United Kingdom transferred to Ireland for the purposes of widow's (contributory) pension, if the following conditions are satisfied, namely either:— (

1. a)the husband died before the date of coming into operation of this Agreement and— (
2. i)on that date she was entitled under the legislation of the United Kingdom to a widowed mother's allowance, a widow's pension or a retirement pension by virtue of the husband's insurance; or (
3. ii)she had attained the age of 50 before the husband's death; or (iii) she has at the time of the election a person under the age of 19 residing with her being a person whose residence with her would, apart from her making a claim and satisfying the relevant contribution conditions, qualify her for a widowed mother's allowance under the legislation of the United Kingdom; or (
4. b)the husband died on or after the date of coming into operation of this Agreement and on the date of her election— (
5. i)she is entitled under the legislation of the United Kingdom to a widowed mother's allowance, a widow's pension or a retirement pension by virtue of the husband's insurance; or (
6. ii)she would be so entitled if the relevant contribution conditions were satisfied and she made a claim; and (
7. c)whether sub-paragraph (
8. a)or (
9. b)of this Article applies, the husband did not receive such a refund of contributions as is referred to in Article 6

(1)(d), or, if he did, it has been repaid to the competent authority of the United Kingdom.

(2)The provisions of Article 6

(2),

(3)and

(6)shall apply to an election under this Article as they apply to an election under Article 6, and as if the reference in Article 6

(2)to old age (contributory) pension were a reference to widow's (contributory) pension.

(3)Where an election has been made by a woman under this Article and remains in force, then, for the purposes of determining her title to a widow's (contributory) pension— (

1. a)where this would be of advantage to her, she shall be treated for the purpose of the first contribution condition as if any contributions as an insured person paid by the husband under the legislation of the United Kingdom had been employment contributions paid in respect of him under the Irish legislation: Provided that the provisions of this sub-paragraph shall not apply to contributions for any period before 5th July, 1948, unless they were paid in a period of insurance which was effective immediately before 5th July, 1948, or would have been so effective if any contribution paid or period of incapacity occurring in Ireland had been a contribution paid or period of incapacity occurring in the United Kingdom; (
2. b)where the husband's entry into insurance under the legislation of the United Kingdom was before his entry into insurance under the Irish legislation, she shall be treated under the latter legislation for the purposes of the husband's pre-entry credits, the applicability of the second contribution condition and, where that condition applies, the calculation of his yearly average as if he had entered insurance under the Irish legislation on the date of his entry into insurance under the legislation of the United Kingdom; (
3. c)where this would be of advantage to her, for the purpose of the second contribution condition (where it applies), provided that the husband's yearly average under the Irish legislation, the provisions of sub-paragraph (
4. b)of this paragraph being applied where appropriate, is six or more, his yearly average under the legislation of the United Kingdom shall be added to his yearly average thus ascertained under the Irish legislation and the sum shall then be treated as his yearly average under the latter legislation; and (
5. d)where the first contribution condition is satisfied on the husband's insurance under the Irish legislation without the application of sub-paragragh (
6. a)of this paragraph but, notwithstanding the provisions of sub-paragraph (
7. c)of this paragraph, the second contribution condition (where it applies) is not satisfied, any contributions paid by or credited to the husband under the legislation of the United Kingdom in each of the last five contribution years ended before the relevant time under that legislation shall, for the purpose of satisfying the latter condition, be treated as contributions paid by or credited to him under the Irish legislation in the corresponding year of the last five contribution years ended before the relevant time under the latter legislation. ARTICLE 9

(1)Where an election has been made by a woman under the foregoing Article and remains in force, no widow's benefit, widow's basic pension, retirement pension or contributory old age pension shall (

(2)Where, apart from the foregoing paragraph, a woman ceases or would cease to be entitled to a widowed mother's allowance under the legislation of the United Kingdom at a time when she is under the age of 50, any election by her under the foregoing Article shall have effect for any subsequent period only if she is resident in Ireland at the time of such cessation of entitlement and for so long as she is so resident. PART IV MISCELLANEOUS PROVISIONS ARTICLE 10

(1)The provisions of Articles 6

(5), 7

(2)and 9

(1)shall not prevent the payment of widow's benefit or retirement pension in the cases to which they apply in so far as that benefit or pension consists of either— (

1. a)an increase in the weekly rate of retirement pension for flat-rate contributions paid in respect of the period after the beneficiary, or, as the case may be, the beneficiary's husband, attained pensionable age; or (
2. b)graduated retirement benefit.

(2)Nothing in PART II or PART III of this Agreement shall affect a person's right to a death grant under the legislation of the United Kingdom. ARTICLE 11

(1)The relevant reciprocal provisions shall not apply, for the purposes of disability benefit under the Irish legislation, to a person claiming that benefit who on the date for which benefit is claimed is over pensionable age under the legislation of the United Kingdom, but, in lieu thereof, the following provisions of this Article shall apply.

(2)Where such a person has not retired from regular employment under the legislation of the United Kingdom, and he would, had he been in the United Kingdom, have been entitled to sickness benefit under that legislation (calculatedby reference to the notional rate of his retirement pension), he shall be entitled by virtue of this Article, to disability benefit under the Irish legislation at whichever is the lower of the two following rates, that is to say— (a) the full appropriate rate of disability benefit under the Irish legislation; or (b) the rate of the sickness benefit to which he would have been entitled under the legislation of the United Kingdom.

(4)In this Article, "the relevant reciprocal provisions" means the provisions in any reciprocal agreement made between the Contracting Parties or the competent authorities of the two countries which provides for the taking into account, for the purpose of sickness or disability benefit under the legislation of one country, of insurance or contributions under the legislation of the other country. ARTICLE 12 For the purposes of a claim to pension under the Old Age Pensions Acts, 1908 to 1965, or the Widows' and Orphans' Pensions Acts, 1935 to 1965, by a person resident in Ireland, a British war pension shall be treated as if it were a pension or allowance under the Army Pensions Acts, 1923 to 1964, in the application of Rule 1(II)(g) of the Rules as to the Calculation of Means in the Seventh Schedule to the Social Welfare Act, 1952 . ARTICLE 13 Any claim for benefit, notice or appeal made or given to the competent authority of one country may, at the discretion of the competent authority of the other country, be treated as a claim, notice or appeal made or given to that authority under the legislation of that other country. ARTICLE 14 Such financial adjustments between the Funds of the two countries as may be agreed from time to time in connection with this Agreement shall be made by the competent authorities. In witness whereof the undersigned, duly authorised by their respective Governments, have signed the present Agreement. Done in duplicate at Dublin this 28th day of February, nineteen hundred and sixty-six. For the Government of Ireland: CAOIMHGHÍN Ó BEOLÁIN For the Government of the United Kingdom: GEOFROY TORY. EXPLANATORY NOTE. This Order gives effect to the Agreement (set out in the Schedule) made between this country and the United Kingdom in relation to social security and modifies the Social Welfare Acts, 1952 to 1965, the Old Age Pensions Acts, 1908 to 1965, and the Widows' and Orphans' Pensions Acts, 1935 to 1965, 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