Austria on Social Security) Order, 1989. Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the
fice
the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts
the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses
the Oireachtas) Iris Oifigiúil /
ficial Gazette Revised Acts (LRC) Classified List
Legislation (LRC) Translations (acts.ie) Translations (Houses
the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.
Austria on Social Security) Order, 1989. S.I. No. 307/1989 - Social Welfare (Agreement With The Republic
Austria on Social Security) Order, 1989. AmendmentsLeasuithe S.I. No. 307
1989. SOCIAL WELFARE (AGREEMENT WITH THE REPUBLIC
AUSTRIA ON SOCIAL SECURITY) ORDER, 1989. WHEREAS the arrangements in respect
matters relating to social security set out in the Agreement in the Schedule to this Order were made by the Government
Ireland with the Government
the Republic
Austria (hereinafter called "the Agreement"); AND WHEREAS it is provided in Article 23
the Agreement that it shall be ratified; AND WHEREAS it is also provided in the said Article that the Agreement will come into force on the first day
the third month following the month in which the instruments
ratification are exchanged; AND WHEREAS the instruments
ratification were exchanged in Vienna on the 21st day
September, 1989; NOW THEREFORE the Minister for Social Welfare, in exercise
the powers conferred on him by Sections 3 and 307
the Social Welfare (Consolidation) Act, 1981 (No. 1
1981) , hereby makes the following Order:— 1. This Order may be cited as the Social Welfare (Agreement with the Republic
Austria on Social Security) Order,
December,
December, 1989 the Social Welfare Acts 1981 to 1989 and the regulations made thereunder relating to old age (contributory) pensions, retirement pensions, invalidity pensions, widows (contributory) pensions and orphans (contributory) allowance and the liability
a person employed outside the State to the payment
contributions shall be modified to the extent necessary to take account
, and give effect to the Agreement. GIVEN under the
ficial Seal
the Minister for Social Welfare this 23rd day
November 1989. MICHAEL WOODS, Minister for Social Welfare. SCHEDULE AGREEMENT BETWEEN IRELAND AND THE REPUBLIC
AUSTRIA ON SOCIAL SECURITY Ireland and the Republic
Austria Resolved to regulate the mutual relations between the two States in the field
social security, Have agreed as follows: PART I GENERAL PROVISIONS Article 1
this Agreement. 1. "legislation" means the laws, regulations and statutory instruments which relate to the branches
social security specified in paragraph
"national" means, in relation to Austria, and Austrian citizen and, in relation to Ireland, a citizen
Ireland; 3. "competent authority" means, in relation to Austria, the Federal Minister responsible for the application
the legislation specified in paragraph
"institution" means, in relation to Austria, the service or authority responsible for the application
all or part
the legislation specified in paragraph
and, in relation to Ireland, the Department
Social Welfare;
public funds, all increments, readjustment sums, additional allowances as well as lump sum payments and payments made by way
refunds
contributions;
which contributions have been paid or are treated as paid and, in relation to Ireland, a period during which contributions have been paid, treated as paid, are payable or would have been paid but for the provisions
section 10
the Social Welfare (Consolidation) Act, 1981 ; 9. "equivalent period" means, in relation to Austria, a period which is treated as equivalent to the contribution period and, in relation to Ireland, a period for which contributions are credited.
the insurance for notaries and ( b ) with regard to Part II only, sickness insurance and accident insurance. 2. In relation to Ireland, to the Social Welfare Acts 1981 to 1988 and the Regulations made under these Acts as they relate to: ( a ) old age (contributory) pension. ( b ) retirement pension, ( c ) widows (contributory) pension, ( d ) invalidity pension and ( e ) orphans (contributory) allowance.
this article.
insurance burdens. ARTICLE 3 This Agreement shall apply: ( a ) To persons who are or have been subject to the legislation
one or both
the Parties, ( b ) to other persons with respect to the rights they derive from the persons described in subparagraph (a). ARTICLE 4
one Party shall, in the application
the legislation
the other Party, receive equal treatment with the nationals
the latter Party.
one Party shall be awarded to nationals
the other Party, ordinarily resident outside the territories
both Parties, under the same conditions and to the same extent as they are awarded to the nationals
the first Party who ordinarily reside outside the territories
the Parties.
this Article shall not apply to the provisions
the legislation
Austria concerning: ( a ) the participation
insured persons and employers in the administration
institutions and associations as well as adjudication in the field
social security; ( b ) the apportionment
insurance burdens resulting from agreements with third states; ( c ) the insurance
persons employed at a diplomatic mission or consular post
Austria in a third state or by a member
such a mission or post.
Austria, the following periods shall, subject to the other conditions specified in that legislation, be accepted as insurance periods for Irish nationals who were Austrian nationals immediately before March 13,1938: ( a ) with regard to the First World War, periods
war service in the armed forces
the Austro-Hungarian Monarchy or in the forces
any state allied to it as well as periods
captivity as a prisoner
war (civil internee) and the return therefrom, which are similarly treated; ( b ) with regard to the Second World War, periods
war service in the armed forces
the German Reich or in the forces
any state allied to it, periods
conscription in the forces or the labour service as well as periods
duty in the emergency services and airraid services, and periods
captivity as a prisoner
war (civil internee) and the return therefrom, which are similarly treated. ARTICLE 5
one Party shall be paid also while the beneficiary is in the territory
the other Party.
this Article shall not apply to the compensatory supplement under the legislation
Austria.
this Article shall not apply to allowances for dependent children, an increase
pension where the pensioner is living alone or an increase
pension for a prescribed relative under the legislation
Ireland. PART II PROVISIONS WHICH DETERMINE THE LEGISLATION APPLICABLE ARTICLE 6 Subject to the provisions
Articles 7 to 9, the liability
a person who is gainfully occupied to be insured shall be determined under the legislation
the Party in whose territory the person is so occupied. This shall also apply where the place
residence
the gainfully occupied person or the employer's place
business is in the territory
the other Party. ARTICLE 7
one Party to the territory
the other Party by an employer who has his residence or place
business in the territory
the first Party the legislation
this Party shall apply during the first 24 months
the employment in the territory
the second Party.
business in the territory
one Party is sent to work from its territory to the territory
the other Party, the legislation
the first Party shall apply.
a seagoing ship the legislation
the Party whose flag the ship is flying shall apply. ARTICLE 8 A person employed by the Government or other public corporation
a Party in the territory
the other Party shall, in respect
that employment, be subject to the legislation
the latter Party only if he is a national thereof or if he ordinarily resides in its territory. In the latter case he may, however, within three months
the beginning
the employment, elect to be subject only to the legislation
the first Party if he is a national thereof. ARTICLE 9
the two Parties may provide, by agreement with one another, exceptions to the provisions
Articles 6 to 8 where this is in the interest
persons affected thereby.
the provisions
paragraph
this Article shall be subject to a request by the employee concerned and by his employer.
paragraph
this Article and
Articles 7 and 8, a person is subject to the legislation
one Party while he is gainfully occupied in the territory
the other Party, that legislation shall apply as if he were gainfully occupied in the territory
the first Party. PART III PROVISIONS CONCERNING OLD AGE, INVALIDITY AND SURVIVORS BENEFITS ARTICLE 10 Unless otherwise provided in this Agreement, where a person has completed insurance periods under the legislation
both Parties, these periods, insofar as they do not overlap, shall be added together for the purpose
acquiring entitlement to a benefit. ARTICLE 11
both Parties, or the survivor
such a person, is claiming a benefit, the competent institution shall determine the amount
the benefit in the following manner: ( a ) The institution shall determine, in accordance with the legislation applied by it, if the person concerned has an entitlement to a benefit by adding together the insurance periods, as provided in Article 10. ( b ) Where entitlement to benefit is determined to exist, the institution shall first calculate the theoretical amount
the benefit which would be payable if all the insurance periods completed under the legislation
both Parties had been completed exclusively under the legislation applied by it; in cases where the amount
the benefit is independent
the duration
the insurance periods, this amount shall be taken to be the theoretical amount. ( c ) The institution shall then calculate the partial benefit payable on the basis
the amount calculated in accordance with the provisions
subparagraph (b) in proportion to the ratio between the duration
the insurance periods to be taken into consideration under the legislation applied by it and the total duration
the insurance periods to be taken into consideration under the legislation
both Parties.
one Party for the purpose
calculating the amount
a benefit are in aggregate less than twelve months or 52 weeks, no benefit under that legislation shall be paid; in that case the competent institution
the other Party shall take into account these insurance periods for the acquisition
the entitlement to benefit as well as for the determination
the amount
the benefit, as if these insurance periods were completed under the legislation applied by it. These provisions shall not apply, if the entitlement to that benefit has been acquired under the legislation
the first Party exclusively on the basis
insurance periods completed under that legislation.
this Article, the following rules shall apply: ( a ) where insurance periods under the legislation
Austria expressed in months are being converted into insurance periods under the legislation
Ireland expressed in weeks, one month shall be the equivalent
26 days and each six days shall be the equivalent
one week: ( b ) where insurance periods under the legislation
Ireland expressed in weeks are being converted into insurance periods under the legislation
Austria expressed in months, one week shall be the equivalent
six days and each 26 days shall be the equivalent
one month. ARTICLE 12 The competent Austrian institution shall apply Articles 10 and 11 according to the following rules:
Austria shall be taken into consideration.
entitlement or to the payment
the miners' long service allowance under the miners' pension insurance.
paragraph
, the following shall apply: ( a ) the basis
assessment shall be determined exclusively on insurance periods under the legislation
Austria; ( b ) contributions for supplementary insurance, the miners' supplementary benefit, the helpless person's allowance and the compensatory supplement shall be disregarded.
subparagraphs
, overlapping insurance periods under the legislation
the two Parties shall he taken into consideration as if they did not overlap.
subparagraph
, the total duration
the insurance periods to be taken into consideration under the legislation
both Parties exceeds the maximum number
insurance months specified under the legislation
Austria for the calculation
the rate
increments, the partial pension payable shall be calculated in proportion to the ratio between the duration
the insurance periods to be taken into consideration under the legislation
Austria and the above mentioned maximum number
insurance months.
the helpless person's allowance, subparagraphs
this Article shall apply accordingly.
shall be increased, where applicable, by increments for contributions for supplementary insurance, the miners' supplementary benefit, the helpless person's allowance and the compensatory supplement.
benefits under the miners' pension insurance depends on the completion
essentially mining activities, within the meaning
the legislation
Austria, in specific undertakings, then only those insurance periods under the legislation
Ireland which are based on a similar occupation in similar undertakings shall be taken into consideration.
this Article shall apply accordingly.
Austria without the application
, the competent institution shall pay the pension which would be payable exclusively on the basis
the insurance periods to be taken into consideration under that legislation, provided there is no entitlement to a corresponding benefit under the legislation
Ireland. ( b ) The pension determined in accordance with subparagraph (a)
this paragraph shall be recalculated in accordance with the provisions
as soon as entitlement arises to a corresponding benefit under the legislation
Ireland. This recalculation shall have effect from the date on which the benefit under the legislation
Ireland becomes payable. The irrevocability
previous decisions shall not prevent this recalculation.
Austria without the application
, and if such a benefit would be greater than the total
the Austrian benefit calculated in accordance with subparagraph
and the corresponding Irish benefit, the competent institution shall pay, as the partial benefit, its benefit so calculated increased by the difference between such total and the benefit which would be payable if the legislation
Austria alone were applied.
Ireland instead
a widows (contributory) pension under that legislation, then for the purpose
calculating a widows pension under the legislation
Austria, Article 11 and paragraphs
this Article shall be applied as if the woman was entitled to widows (contributory) pension under the legislation
Ireland. ARTICLE 13 The competent Irish institution shall apply Articles 10 and 11 according to the following rules:
where a person is entitled to pension by virtue
the legislation
Ireland alone that pension shall be payable and the provisions
Ireland coincides with an insurance period completed under the legislation
Austria only the Irish insurance period shall be considered. ( b ) Where an equivalent period completed under the legislation
Ireland coincides with a compulsory or voluntary insurance period completed under the legislation
Austria the Irish equivalent period shall not be considered. ( c ) Where an equivalent period completed under the legislation
Ireland coincides with an equivalent period completed under the legislation
Austria only the Irish equivalent period shall be considered if the person was last compulsorily insured prior to this period under the legislation
Ireland. PART IV MISCELLANEOUS PROVISIONS ARTICLE 14
the Parties shall, by means
an arrangement, establish the administrative measures necessary for the application
this Agreement.
the Parties shall inform each other
( a ) all measures taken for the application
this Agreement, and ( b ) all changes in legislation which affect the application
this Agreement.
the Parties shall assist each other in applying this Agreement as if they were applying their own legislation. This assistance shall be free
charge.
the legislation
one Party and referring to persons residing in the territory
the other Party shall, on request
the competent institution, be carried out by the institution
the place
residence. The cost
such examinations shall be met by this institution. ARTICLE 15 The competent authorities
the Parties shall, in order to facilitate the application
this Agreement, particularly for the creation
a simple and fast liaison between the institutions concerned, establish liaison
fices. ARTICLE 16
one Party for taxes, stamp duties, legal dues or registration fees for certificates or documents which have to be submitted for the application
this legislation shall be extended also to the respective certificates or documents which must be submitted for the application
this Agreement or the legislation
the other Party.
any kind which must be submitted for the application
this Agreement shall not require authentication by diplomatic or consular authorities. ARTICLE 17
a claim for benefit under the legislation
one Party, have been submitted to an institution
that Party, shall be treated as if it had been submitted to that institution, if it is submitted to an institution
the other Party which is competent to deal with claims to the corresponding benefit
the latter Party.
one Party shall be treated as if it were a claim for the corresponding benefit under the legislation
the other Party insofar as that corresponding benefit is payable in accordance with the provisions
this Agreement. ARTICLE 18
a Party shall discharge its obligations under this Agreement in the national currency
that Party.
one Party has overpaid benefit, the institution
the other Party shall, at the request
the first mentioned institution, withhold any arrears
a corresponding benefit which becomes payable for the same period under the legislation
this Party and shall transmit this sum to the institution
the first Party. ARTICLE 20
this Agreement shall be made the subject
direct negotiations between the competent authorities
the Parties.
such negotiations, it shall be submitted, at the request
one or both
the Parties, to an arbitration commission, whose composition and rules
procedure shall be determined by agreement between the Parties.
this Agreement; its decisions shall be binding and final. PART V TRANSITIONAL AND FINAL PROVISIONS ARTICLE 21
a benefit for a period before its entry into force.
a Party before the entry into force
this Agreement shall be taken into consideration.
this Article, this Agreement shall also apply to contingencies which occurred before its entry into force, insofar as previously determined entitlements have not been settled by lump-sum payments. In cases to which this paragraph applies, in accordance with the provisions
this Agreement: ( a ) the amount
a benefit due only by virtue
this Agreement shall be determined from the date
entry into force
this Agreement at the request
the beneficiary; ( b ) the amount
a benefit which had been determined before the entry into force
this Agreement shall be recalculated at the request
the beneficiary. Where the claim for determination or recalculation
the amount
a benefit is submitted within two years from the date
entry into force
this Agreement, the benefit shall be paid from that date; otherwise the benefit shall be paid from the date determined under the legislation
each Party.
subparagraph
this Article, Article 19 shall apply accordingly. ARTICLE 22 This Agreement shall not effect any existing rights under Austrian legislation
any person who has suffered disadvantages in the field
social security because
political or religious reasons or by reason
descent. ARTICLE 23
ratification shall be exchanged at Vienna as soon as possible.
the third month following the month in which the instruments
ratification are exchanged.
termination
this Agreement by denunciation, any right acquired under its provisions not later than the effective date
that termination shall be maintained; negotiations shall take place for the settlement
any rights in the course
acquisition by virtue
the provisions
this Agreement. IN WITNESS THEREOF the Plenipotentiaries have signed this Agreement. DONE in duplicate at Dublin this 30th day
September 1988 in English and German, both texts being equally authentic. MICHAEL WOODS for IRELAND ALFRED DALLINGER for the REPUBLIC
AUSTRIA EXPLANATORY NOTE. This Order gives effect to the bilateral Agreement on Social Security made between Ireland and the Republic
Austria which comes into effect from 1 December 1989. The Order provides that the Social Welfare Acts and relevant regulations will be modified to take account
the provisions
the Agreement. The primary purpose
the Agreement is to allow social insurance contributions paid in one country to assist a claimant to qualify for certain benefits in the other country. In the case
Ireland the Agreement covers old age (contributory) pensions, retirement pensions, invalidity pensions and widows and orphans (contributory) pensions. Under the Agreement contributions paid during employment in Austria can be taken into account, subject to certain conditions, along with Irish social insurance contributions for these pensions. The Agreement also deals with the social insurance liability
"detached" workers who move between the two countries—these are workers who are sent to work in one country for a temporary period by an employer who has his business in the other country. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government
Ireland. Oireachtas Copyright Material is reproduced with the permission
the Houses
the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais
AI explanation based on the official legal text. Indicative, not a substitute for legal advice.