S.I. No. 701/2007 - Social Welfare (Bilateral Agreement With the United Kingdom on Social Security) Order 2007 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseo

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strumentsIonstraimí Reachtúla 2007 S.I. No. 701/2007 - Social Welfare (Bilateral Agreement With the United Kingdom on Social Security) Order 2007 S.I. No. 701/2007 - Social Welfare (Bilateral Agreement With the United Kingdom on Social Security) Order 2007 AmendmentsLeasuithe Download PDF Íoslódáil PDF S.I. No. 701of 2007 SOCIAL WELFARE (BILATERAL AGREEMENT WITH THE UNITED KINGDOM ON SOCIAL SECURITY) ORDER 2007 Notice of the making of this Statutory

strument was published

“Iris Oifigiúil” of 19th October, 2007. WHEREAS the arrangements

respect of matters relating to social security set out

the Agreements

Schedule 1 to this Order (hereinafter called “the Agreements”) were made by the Government of Ireland with the Government of the United Kingdom of Great Britain and Northern Ireland; AND WHEREAS it is provided for

Article 37

of the Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland, which was signed at Dublin on 14 December 2004, that the said Convention will be subject to ratification; AND WHEREAS it is also provided

the said Article that the Agreement will come

to force on the first day of the third month following the month

which the

struments of ratification are exchanged; AND WHEREAS the aforesaid

struments of ratification were exchanged

London on the 3rd day of July 2007. NOW THEREFORE the Minister for Social and Family Affairs,

exercise of the powers conferred on him by Sections 4 and 287 of the Social Welfare Consolidation Act, 2005 (No. 26 of 2005), hereby makes the following Order:—

1. This Order may be cited as the Social Welfare (Bilateral Agreement with the United Kingdom on Social Security) Order,
3. The Agreement shall come

to force on the 1st day of October,

2. On and from the 1st day of October, 2007 the Social Welfare Acts 2005 to 2007 and the regulations made under those Acts

sofar as they relate to illness benefit, maternity benefit, jobseeker’s benefit, State pension (contributory), State pension (transition),

validity pension, widow’s and widower’s (contributory) pension, guardian’s payment (contributory), bereavement grant, occupational

juries benefits and the liability of a person employed outside the State to the payment of employment and selfemployment contributions shall be modified to the extent necessary to take account of and give effect to the provisions of the Agreement. 4. The Orders specified

column

column

the field of social security by means of the Agreements which were signed on their behalf at London on 29 March 1960 (which Agreement did not

clude Northern Ireland), at Dublin on 28 February 1966, at Dublin on 3 October 1968 and at London on 14 September 1971 and also

cluding the arrangements made on 22 July 1964 between the Ministry of Labour and National

surance

relation to Northern Ireland and the Minister for Social Welfare

relation to Ireland; Wishing to consolidate the earlier Agreements and their extension and modification

to a new convention; Wishing to extend and modify the scope of that reciprocity and to take account of changes

their legislation; Have agreed as follows: PART I GENERAL PROVISIONS ARTICLE 1 DEFINITIONS

surance contributions above the level required for entitlement to basic pension; “benefit” means, as appropriate, any benefit, pension, allowance or grant to which this Convention applies and

cludes any

creases of, or any additional amount payable with, such benefit, pension, allowance or grant respectively; “benefits for

dustrial accidents and

dustrial diseases” means— (i) a pension or benefit payable to a person for loss of physical or mental faculty as a result of an

dustrial accident or an

dustrial disease arising out of, and

the course of, employed earner’s employment under the legislation of Great Britain, Northern Ireland or the Isle of Man, and accident benefit payable under the legislation of Jersey, or (ii) a benefit payable to a person for personal

jury or for loss of physical or mental faculty as a result of an accident arising out of, and

the course of, an

sured person’s employment or selfemployment, or an

dustrial disease under the legislation of Guernsey, or (iii) occupational

juries benefit payable under the legislation of Ireland; “Category A retirement pension” means either, or both, a basic retirement pension and an additional pension based on a person’s own

surance contributions or, for certain persons whose marriages have ended by divorce or widowhood, a basic retirement pension based on the former spouse’s

surance contributions, payable under the legislation of Great Britain, Northern Ireland or the Isle of Man, and an old age pension based on a person’s own contributions or, for certain persons whose marriages have ended by divorce or widowhood, based on the former spouse’s contributions, payable under the legislation of Jersey or Guernsey; “Category B retirement pension” means a basic retirement pension payable to a married woman on her husband’s contributions or, for a widow or widower, either, or both, a basic retirement pension and an additional pension based on the late spouse’s contributions, payable under the legislation of Great Britain, Northern Ireland or the Isle of Man, and an old age pension payable under the legislation of Jersey or Guernsey to a married woman by virtue of the contributions of her husband while he is alive; “competent authority” means,

relation to the territory of the United Kingdom, the Department for Work and Pensions for Great Britain, the Commissioners of

land Revenue or their authorized representative, the Department for Social Development for Northern Ireland, the Department of Health and Social Security of the Isle of Man, the Employment and Social Security Committee of the States of Jersey or the Guernsey Social Security Authority as the case may require, and,

relation to Ireland, the Department of Social and Family Affairs; “contribution period” means a period

respect of which contributions appropriate to the benefit

question are payable, have been paid or treated as paid under the legislation concerned or,

the case of Ireland, a period

respect of which a person has qualifying contributions appropriate to the benefit

question; “death grant” means a death grant payable under the legislation of Jersey, Guernsey and bereavement grant under the legislation of Ireland; “dependant” means a person who would be treated as such for the purpose of any claim for an

crease of benefit

respect of a dependant under the legislation concerned; “earlier agreements” means the Agreements on Social Security signed on behalf of the Governments of the two Parties at London on 29 March 1960 (which Agreement did not

clude Northern Ireland), at Dublin on 28 February 1966, at Dublin on 3 October 1968 and at London on 14 September 1971 and also

cludes the arrangements made on 22 July 1964 between the Ministry of Labour and National

surance

relation to Northern Ireland and the Minister for Social Welfare

relation to Ireland; “EEA Agreement” means the Agreement establishing the European Economic Area dated 2 May 1992 made between the European Community its Member States and the Member States of the European Free Trade Association and any amendments or modifications thereto; “EC Treaty” means the Treaty establishing the European Community, signed at Rome on 25 March 1957; “employed person” means— (i) except for the purposes of Articles 25 to 27, a person who,

the applicable legislation, comes within the definition of an employed earner or of an employed person or is treated as such, and (ii) for the purposes of Articles 25 to 27, a person who, under the legislation of Great Britain, Northern Ireland or the Isle of Man comes within the definition of an employed earner or an employed person, or is treated as such, or an employed or self-employed person under the legislation of Jersey or Guernsey, and (iii)

relation to Ireland, an employed contributor within the meaning given by Section 9 of the Social Welfare (Consolidation) Act 1993 , and the words “person is employed” shall be construed accordingly; “employment” means employment as an employed person and the words “employ”, “employed” or “employer” shall be construed accordingly; “equivalent period” means a period for which contributions appropriate to the benefit

question have been credited under the legislation

question; “gainfully employed” means employed or selfemployed and,

relation to Ireland,

surably employed or

surably selfemployed; “Guernsey” means the Islands of Guernsey, Alderney, Herm and Jethou; “Implementing Regulation” means the Regulation (EEC) No. 574/72 of the Council laying down the procedure for implementing Regulation (EEC) No. 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community,

cluding its application to the European Economic Area, and

cludes amendments and adaptations from time to time applicable thereto; “

come tax year” means— (i)

relation to the United Kingdom, the Isle of Man, Jersey and Guernsey the twelve months beginning with 6 April

any year; and (ii)

relation to Ireland: (a)

respect of a period prior to 6 April 2001, the twelve months beginning with 6 April

one year and ending on 5 April

the following year, and (

1. b)the period beginning on 6 April 2001 and ending on 31 December 2001, and (
2. c)thereafter, a calendar year; “

surance authority” means the authority competent to decide entitlement to the benefit

question; “

surance period” means a contribution period or an equivalent period; “

sured” means that contributions have been paid by, or are payable by, or

respect of, or have been credited

respect of, the person concerned under the legislation of the United Kingdom, or that a person has qualifying or credited contributions under the legislation of Ireland; “

validity benefit” means— (i) long-term

capacity benefit, additional pension,

validity allowance and

capacity age addition payable under the legislation of Great Britain, Northern Ireland or the Isle of Man, or (ii)

validity benefit payable under the legislation of Jersey or Guernsey, or (iii)

validity pension payable under the legislation of Ireland; “Jersey” means the Island of Jersey; “legislation” means,

relation to a Party, such of the legislation specified

Article 3

as applies

the territory of a Party, or

any part of the territory of that Party; “maternity allowance” means maternity allowance payable under the legislation of the United Kingdom and maternity benefit payable under the legislation of Ireland; “Party” means, unless otherwise defined,— (i) the United Kingdom and (ii) Ireland; “qualifying year” means— (i)

relation to Great Britain, Northern Ireland or the Isle of Man, at least fifty weeks of

surance for periods before 6 April 1975, or that the person has received, or been treated as having received, earnings of at least fifty-two times the lower earnings limit

an

come tax year after 5 April 1978 under the legislation of Great Britain, Northern Ireland and the Isle of Man, or (ii)

relation to Jersey, an annual contribution factor of 1.00 under the legislation of Jersey, or (iii)

relation to Guernsey, an

surance period of not less than fifty weeks under the legislation of Guernsey; “reckonable year” means,

relation to Great Britain, Northern Ireland or the Isle of Man, an

come tax year between 6 April 1975 and 5 April 1978 during which contributions have been paid on earnings received, or treated as received, of at least fifty times the lower earnings limit for that year; “refugee” means a person so defined

Article 1of the Convention on the Status of Refugees done at Geneva on 28 July 1951, as extended by Article 1

cluding its application to the European Economic Area, and

cludes amendments and adaptations from time to time applicable thereto; “retirement pension” means retirement pension or old age pension payable under the legislation of the United Kingdom, and retirement pension or old age (contributory) pension payable under the legislation of Ireland; “seasonal worker” means a person subject to the legislation of Jersey or Guernsey or Ireland who goes to the territory of Jersey or Guernsey or Ireland (not being the one

which he is ordinarily resident)

order to carry out

that territory for an employer or undertaking with a place of business there, employment of a seasonal character which depends on the cycle of the seasons and which recurs automatically each year, and the duration of which cannot

any case exceed eight months, and who remains

that territory for the duration of that employment; “selfemployed person” means— (i)

relation to the United Kingdom, a person who,

the applicable legislation, comes within the definition of a selfemployed earner or of a selfemployed person or is treated as such, and (ii)

relation to Ireland, a self-employed contributor within the meaning given by Section 9 of the Social Welfare (Consolidation) Act 1993 , and the words “person is self-employed” shall be construed accordingly; “ship or vessel” means any ship or vessel whose port of registry is a port

either territory, or a hovercraft which is registered

either territory, and whose owner (or managing owner if there is more than one owner) resides

, or has a place of business

, either territory; “sickness benefit” means— (i) short-term

capacity benefit at the lower, higher or long-term rate payable under the legislation of Great Britain, Northern Ireland or the Isle of Man, and (ii) sickness benefit payable under the legislation of Jersey or Guernsey, or

dustrial

jury benefit payable under the legislation of Guernsey, and (iii) disability benefit payable under the legislation of Ireland; “social assistance” means

come support and

come-based jobseeker’s allowance payable under the legislation of Great Britain, Northern Ireland or the Isle of Man, and,

relation to Ireland, any payment made under any assistance scheme described

Section 118

of the Social Welfare (Consolidation) Act 1993 ; “stateless person” means a person so defined

Article 1

of the Convention on the Status of Stateless Persons done at New York on 28 September 1954; “statutory maternity pay” means a payment which an employer must make under the legislation of Great Britain or Northern Ireland

connection with pregnancy and for a period before and after confinement; “statutory sick pay” means a payment which an employer must make under the legislation of Great Britain or Northern Ireland

respect of sickness; “survivor’s benefit” means— (

1. i)bereavement payment, bereavement allowance, and widowed parent’s allowance payable under the legislation of Great Britain or Northern Ireland, and (
2. ii)widow’s payment, widowed mother’s allowance and widow’s pension payable under the legislation of Great Britain, Northern Ireland or the Isle of Man, or (iii) widow’s allowance, widowed mother’s allowance, widow’s pension and widowed father’s allowance payable under the legislation of Jersey, or (
3. iv)survivor’s grant, widowed parent’s allowance and widow’s pension payable under the legislation of Guernsey, or (
4. v)Widow’s and Widower’s (Contributory) Pension, and bereavement grant under the legislation of Ireland. “territory” means,

relation to the United Kingdom, Great Britain, Northern Ireland and also the Isle of Man, Jersey and Guernsey; and references to the “United Kingdom” or to “territory”

relation to the United Kingdom shall

clude the Isle of Man, Jersey and Guernsey where appropriate; “unemployment benefit” means unemployment benefit or contribution-based jobseeker’s allowance payable under the legislation of Great Britain or Northern Ireland, or unemployment benefit payable under the legislation of Guernsey or Ireland;

this Convention have the meanings respectively assigned to them

the legislation concerned.

this Convention to an “Article” means an Article of this Convention, and any reference to a “paragraph” is a reference to a paragraph of the Article

which the reference is made, unless it is stated to the contrary. ARTICLE 2 PERSONS COVERED Subject to Article 36, this Convention shall apply: (a) as regards relations between Great Britain, Northern Ireland and Ireland, only to persons to whom,

relation to a specific event or circumstance, Regulation (EEC) 1408/71 and the Implementing Regulation do not apply, or do not become applicable; and (b) as regards relations between Jersey, Guernsey, the Isle of Man and Ireland, to persons who are, or have been, subject to their legislation, to members of their families and to their survivors. ARTICLE 3 SCOPE OF LEGISLATION

relation to the territory of the United Kingdom, to: (i) the Social Security Administration Act 1992, the Social Security Contributions and Benefits Act 1992, the Social Security (Consequential Provisions) Act 1992, the Social Security (

capacity for Work) Act 1994, the Jobseekers Act 1995, the Social Security Act 1998, the Social Security Contributions (Transfer of Functions etc.) Act 1999 and the Welfare Reform and Pensions Act 1999, (ii) the Social Security Administration (Northern Ireland) Act 1992, the Social Security Contributions and Benefits (Northern Ireland) Act 1992, the Social Security (Consequential Provisions) (Northern Ireland) Act 1992, the Social Security (

capacity for Work) (Northern Ireland) Order 1994, the Jobseekers (Northern Ireland) Order 1995, the Social Security (Northern Ireland) Order 1998, the Social Security Contributions (Transfer of Functions etc.)(Northern Ireland) Order 1999 and the Welfare Reform and Pensions (Northern Ireland) Order 1999, (iii) the Social Security Administration Act 1992, the Social Security Contributions and Benefits Act 1992, the Social Security (Consequential Provisions) Act 1992 and the Social Security (

capacity for Work) Act 1994, the Jobseekers Act 1995, the Social Security Act 1998 and the Welfare Reform and Pensions Act 1999 (Acts of Parliament) as those Acts apply to the Isle of Man by virtue of Orders made, or having effect as if made, under the Social Security Act 2000 (an Act of Tynwald), (iv) the Social Security (Jersey) Law, 1974, (v) the Social

surance (Guernsey) Law, 1978 and the Family Allowances (Guernsey) Law, 1950, and the legislation which was repealed or consolidated by those Acts, Laws or Orders or repealed by legislation consolidated by them; (b)

relation to Ireland to the Social Welfare Acts 1981 to 2004 and the Regulations made under those Acts as they relate to: (i) disability benefit, (ii) maternity benefit, (iii) unemployment benefit (

cluding any additional amount payable by way of payrelated benefit), (iv)

validity pension, (

1. v)old age (contributory) pension, (
2. vi)retirement pension, (vii) widow’s or widower’s (contributory) pension, (viii) orphans (contributory) allowance, (
3. ix)bereavement grant, (
4. x)occupational

juries benefits, and (xi) the liability of a person gainfully employed outside of Ireland to the payment of employment or selfemployment contributions.

paragraph

paragraph

to force of this Convention and for which specific provision is made

this Convention.

accordance with the EC Treaty or the EEA Agreement or apply to any convention on social security which either Party has concluded with a third party or to any laws or regulations which amend the legislation specified

paragraph

to account under its legislation the provisions of any other convention which that Party has concluded with a third party. ARTICLE 4 EQUAL TREATMENT A person, together with his dependants and survivors, who is, or has been, subject to the legislation of one Party shall, while he is

the territory of the other Party, have the same rights and obligations under the legislation of the other Party as a national of that Party, subject to the special provisions of this Convention. ARTICLE 5 REFUGEES AND STATELESS PERSONS This Convention shall apply to refugees or stateless persons who are residing

the territory of either Party. It shall apply under the same conditions to members of their families, and to their survivors, with respect to the rights they derive from those refugees or stateless persons. ARTICLE 6 PROVISIONS FOR THE EXPORT OF BENEFIT

validity benefit or any pension or benefit payable

respect of an

dustrial accident or

dustrial disease under the legislation of one Party if he were

the territory of that Party shall be entitled to receive that pension or benefit while he is

the territory of the other Party, as if he were

the territory of the former Party.

Ireland may, after having received, or been deemed to have received, 364 days sickness benefit, become entitled to receive

validity benefit under the legislation of Great Britain, Northern Ireland or the Isle of Man while he is

Ireland, provided that he continues to satisfy the

surance authority of the former Party that he remains

capable of work.

Ireland may, after having received, or been deemed to have received, 364 days sickness benefit, become entitled to receive

validity benefit under the legislation of Jersey while he is

Ireland, provided that he continues to satisfy the

surance authority of Jersey that he remains

capable of work.

dustrial

jury benefit under the legislation of Guernsey while he is

Ireland may, after having received, or been deemed to have received, 156 days sickness benefit or

dustrial

jury benefit, become entitled to receive

validity benefit under the legislation of Guernsey while he is

Ireland, provided that he continues to satisfy the

surance authority of Guernsey that he remains

capable of work.

crease of any of the benefits for which specific provision is made

this Convention would be payable for a dependant if he were

the territory of that Party, it shall be payable while he is

the territory of the other Party. PART II PROVISIONS WHICH DETERMINE THE LEGISLATION APPLICABLE CONCERNING CONTRIBUTION LIABILITY ARTICLE 7 GENERAL PROVISIONS

whose territory he is so employed. Where a person is subject only to the legislation of the United Kingdom

accordance with this paragraph, that legislation shall apply to him as if he were ordinarily resident

the United Kingdom.

the territory of both Parties for the same period, liability for contributions for him shall be determined only under the legislation of the Party

whose territory he is ordinarily resident.

the territory of one Party and is self-employed

the territory of the other Party, or

the territory of both Parties, liability for contributions for him shall be determined only under the legislation of the Party

whose territory he ordinarily resides and that legislation shall apply to him as if he were self-employed

the territory of that Party.

the territory of one Party and selfemployed

the territory of the other Party for the same period, liability for contributions for him shall be determined only under the legislation of the former Party.

surable (occupational

juries) employment only, under the legislation of Ireland.

Guernsey, or under the legislation of Jersey if he is ordinarily resident

Jersey.

the territory of one Party while remaining liable for contributions under the legislation of the other Party, the legislation of the former Party shall not apply to him and he shall not be liable, nor entitled, to pay contributions under the legislation of the former Party.

validity benefit or

jury benefit for any period under the legislation of Ireland while he is

Jersey or Guernsey, shall be excepted from liability to pay a contribution

respect of that period, other than as an employed or self-employed person, under the legislation of Jersey or Guernsey. ARTICLE 8 DETACHED WORKERS Subject to Articles 9 and 10, where a person

sured under the legislation of one Party, and employed by an employer with a place of business

the territory of that Party, is sent by that employer, either from the territory of that Party, or from a third country not party to this Convention, to work

the territory of the other Party, the legislation of the former Party concerning liability for contributions shall continue to apply to him as if he were employed

the territory of that Party, provided that the employment

the territory of the other Party is not expected to last for more than three years, and the legislation of the latter Party shall not apply to him. ARTICLE 9 TRAVELLING PERSONNEL Subject to Article 10, the following provisions shall apply to any person employed as a member of the travelling personnel of an undertaking engaged

the transport of passengers or goods whether for another undertaking or on its own account: (

1. a)subject to subparagraphs (
2. b)and (c), where a person is employed by an undertaking which has its principal place of business

the territory of one Party, the legislation of that Party concerning liability for contributions shall apply to him as if he were employed

its territory, even if he is employed

the territory of the other Party; (b) subject to subparagraph (c), where the undertaking has a branch or agency

the territory of one Party and a person is employed by that branch or agency, the legislation of that Party concerning liability for contributions shall apply to him; (c) where a person is ordinarily resident

the territory of one Party and is employed wholly or mainly

that territory, the legislation of that Party concerning liability for contributions shall apply to him, even if the undertaking which employs him does not have a place of business or branch or any agency

that territory. ARTICLE 10 MARINERS AND OTHERS EMPLOYED ON BOARD A SHIP OR VESSEL

his case, provided that he is ordinarily resident

the territory of either Party.

sured under the legislation of one Party and employed either

the territory of that Party or on board any ship or vessel of that Party, is sent by his employer

the territory of that Party to work on board a ship or vessel of the other Party, the legislation of the former Party concerning liability for contributions shall continue to apply to him provided that his employment on board the ship or vessel of the latter Party is not expected to last for a period of more than one year. Where his employment on board the ship or vessel of the latter Party continues after such period of one year, the legislation of the former Party shall continue to apply to him for any further period of not more than one year, provided that the competent authority of the latter Party agrees thereto before the end of the first period of one year.

the territorial waters of, or at a port of, the other Party, the legislation concerning liability for contributions of the Party

whose territory he is ordinarily resident shall apply to him.

the territory of one Party and employed on board any ship or vessel of the other Party is paid remuneration

respect of that employment by a person who is ordinarily resident

, or by an undertaking having a place of business

, the territory of the former Party, the legislation of the former Party concerning liability for contributions shall apply to him as if the ship or vessel were a ship or vessel of the former Party, and the person or undertaking by whom the remuneration is paid shall be treated as the employer for the purpose of such legislation. ARTICLE 11 DIPLOMATS, GOVERNMENT SERVANTS AND CONSULAR EMPLOYEES

whose territory they are present or resident by virtue of the Vienna Conventions on Diplomatic or Consular Relations.

the Government Service of one Party or

the service of any public corporation of that Party is employed

the territory of the other Party, the legislation of the former Party concerning liability for contributions shall apply to him as if he were employed

its territory.

a diplomatic mission or consular post of one Party

the territory of the other Party, or

the private service of an official of such a mission or post, the legislation of the latter Party concerning liability for contributions shall apply to him as if he were employed

its territory, unless within three months of the entry

to force of this Convention, or within three months of the beginning of the employment

the territory of the latter Party, whichever is later, he chooses to be

sured under the legislation of the former Party, provided that he was so

sured within the period of one month immediately before the commencement of the employment at that mission or post. Where, under this paragraph, a person has the right to choose to be

sured under the legislation of the former Party but does not choose to do so, he shall not be liable, nor entitled, to pay contributions under the legislation of the former Party. ARTICLE 12 MODIFICATION PROVISIONS Exceptionally, the competent authorities of the Parties may agree to modify the application of Articles 7 to 11

respect of particular persons or categories of persons. PART III SPECIAL PROVISIONS ARTICLE 13 CONVERSION FORMULAE FOR CONTRIBUTIONS

accordance with Articles 17 to 24, contribution periods or equivalent periods completed under the legislation of Ireland before 6 April 1975 shall be treated as if they had been contribution periods or equivalent periods completed under the legislation of Great Britain, Northern Ireland or the Isle of Man, as the case may be.

accordance with Articles 17 to 24, contribution periods completed as a selfemployed person or as a nonemployed person or equivalent periods completed under the legislation of Ireland after 5 April 1975 shall be treated as if they had been contribution periods completed as a selfemployed person or as a nonemployed person or equivalent periods completed under the legislation of Great Britain, Northern Ireland or the Isle of Man, as the case may be.

accordance with Articles 14 and 16 to 24, a person shall be treated for each week beginning

a relevant

come tax year commencing after 5 April 1975, the whole or any part of which week is a contribution period completed as an employed person under the legislation of Ireland, as having paid a contribution as an employed earner, or having earnings on which primary Class 1 contributions have been paid, on earnings equivalent to twothirds of that year’s upper earnings limit.

Article 18

any

come tax year commencing after 5 April 1975, an employed person has completed periods of

surance exclusively

Ireland and the application of paragraph

that year being a qualifying year under the legislation of Great Britain, Northern Ireland or the Isle of Man, he shall be deemed to have been

sured for fifty-two weeks

that year; (b) any

come tax year commencing on or after 5 April 1975 does not count as a qualifying year under the legislation of Great Britain, Northern Ireland or the Isle of Man, any periods of

surance completed

that year shall be disregarded.

accordance with Articles 14, 15, 17 to 27 and 29, a person shall be treated: (a) for each week

an

surance period completed under the legislation of Ireland, being a week

the relevant quarter, as having paid contributions which derive a quarterly contribution factor of 0.077 for that quarter; (b) for each week

an

surance period completed under the legislation of Ireland, being a week

a relevant year, as having paid contributions which derive an annual contribution factor of 0.0193 for that year.

accordance with Articles 14 to 29, contribution periods or equivalent periods completed under the legislation of Ireland shall be treated as if they had been contribution periods or equivalent periods completed under the legislation of Guernsey.

accordance with Articles 14 to 29, each contribution period or equivalent period completed under the legislation of Great Britain, Northern Ireland or the Isle of Man before 6 April 1975, shall be treated as if it had been a contribution period or an equivalent period completed under the legislation of Ireland.

accordance with Articles 14 to 29, any earnings factor achieved

any

come tax year commencing on or after 6 April 1975 under the legislation of Great Britain, Northern Ireland or the Isle of Man shall be converted by the competent authority of the United Kingdom to contribution weeks under the legislation of Ireland by dividing the earnings factor by that

come tax year’s lower earnings limit. The result shall be expressed as a whole number, any remaining fraction being ignored. The number of contribution weeks so calculated, subject to a maximum of the number of weeks during which the person was subject to the legislation of Great Britain, Northern Ireland or the Isle of Man, as the case may be,

that year, shall be treated as if they were contribution weeks completed under the legislation of Ireland.

accordance with Articles 14 to 29, any

surance periods completed under the legislation of Jersey shall be converted to contribution weeks completed under the legislation of Ireland as follows: The competent authority of Jersey shall— (a)

the case of a quarterly contribution factor, multiply the factor achieved by a person

a quarter by thirteen; and (b)

the case of an annual contribution factor, multiply the factor achieved by a person

a year by fifty-two. The result shall be expressed as a whole number, any remaining fraction being ignored. The number of contribution weeks so calculated, subject to a maximum of the number of weeks during which the person was subject to that legislation

a quarter or

a year, as the case may be, shall be treated as if they were contribution weeks completed under the legislation of Ireland.

accordance with Articles 14 to 29 contribution periods or equivalent periods completed under the legislation of Guernsey shall be treated as if they had been contribution periods or equivalent periods completed under the legislation of Ireland. PART IV BENEFIT PROVISIONS SECTION 1 PROVISIONS FOR SICKNESS, MATERNITY,

VALIDITY AND UNEMPLOYMENT ARTICLE 14 SICKNESS BENEFIT AND MATERNITY ALLOWANCE

the territory of one Party, completed a contribution period under the legislation of that Party, then for the purpose of any claim to sickness benefit or maternity allowance made under the legislation of that Party, any

surance period completed under the legislation of the other Party shall be treated

accordance with Article 13 as if it were an

surance period completed under the legislation of the former Party.

the territory of one Party and the legislation of the other Party applies to him

accordance with any of the provisions of Articles 7 to 12, he shall be treated under that legislation for the purpose of any claim to sickness benefit or maternity allowance as if he were

the territory of the latter Party.

the territory of that Party, he shall be entitled to receive that sickness benefit or maternity allowance while he is

the territory of the other Party if: (a) his condition necessitates immediate treatment during a stay

the territory of the latter Party and, within 6 days of commencement of

capacity for work or such longer period as the competent authority may allow, he submits to the competent authority of the former Party a claim to benefit and documentary evidence of

capacity for work issued by the doctor treating him; or (

1. b)having claimed and become entitled to sickness benefit or maternity allowance under the legislation of the former Party he is authorised by the competent authority of that Party to return to the territory of the latter Party where he resides, or to transfer his residence to the territory of the latter Party; or (
2. c)having claimed and become entitled to sickness benefit or maternity allowance under the legislation of the former Party, he is authorised by the competent authority of that Party to go to the territory of the latter Party to receive there treatment for his condition. The authorisation required

accordance with subparagraph (b) may be refused only if it is established that movement of the person concerned would be prejudicial to his state of health, or to the receipt of medical treatment.

which he is ordinarily resident, he shall be entitled to continue to receive such benefit for a period of not more than thirteen weeks from the date of his departure from Jersey or Guernsey or Ireland, as the case may be.

the territory of one Party claims but is not entitled to receive sickness benefit or maternity allowance under the legislation of that Party but would be entitled to receive sickness benefit or maternity allowance under the legislation of the other Party if he were

the territory of that Party, he shall be entitled to receive that sickness benefit or maternity allowance while he is

the territory of the former Party provided that, since his last arrival

the territory of that Party, he has not completed a contribution period under its legislation.

the territory of that Party, he shall be entitled to receive that sickness benefit or maternity allowance while he is

the territory of the United Kingdom.

cluding

dustrial

jury benefit under the legislation of Guernsey, or maternity allowance under the legislation of both Parties; or (b) statutory sick pay or statutory maternity pay under the legislation of Great Britain or Northern Ireland, and sickness benefit or maternity allowance under the legislation of Ireland; that benefit, allowance or payment shall be granted only under the legislation under which the person was last

sured before entitlement arose.

the

come tax year prescribed for the purpose of the aforesaid Section 39, shall be credited to the employed person

respect of each week completed as an employed person under the legislation of the United Kingdom

respect of that

come tax year. ARTICLE 15

VALIDITY BENEFIT

sured under the legislation of both Parties, the competent authority

the territory of the Party whose legislation was applicable when

capacity for work followed by

validity began shall determine,

accordance with its legislation, whether the person concerned satisfied the conditions for entitlement to

validity benefit taking account, where appropriate, of any

surance period which that person has completed under the legislation of the other Party as if it were an

surance period completed under its legislation.

capacity and for the same period

validity benefit under the legislation of both Parties, or

validity benefit under the legislation of one Party and sickness benefit under the legislation of the other Party,

cluding statutory sick pay under the legislation of Great Britain or Northern Ireland, or

dustrial

jury benefit under the legislation of Guernsey, whether by virtue of this Convention or otherwise, he shall be entitled to receive only the

validity benefit, sickness benefit, statutory sick pay or

dustrial

jury benefit, as the case may be, under the legislation of the Party

whose territory the

capacity began. ARTICLE 16 UNEMPLOYMENT BENEFIT

this Article “Party” means Great Britain, Northern Ireland, Guernsey or Ireland, as the case may be.

the territory of one Party, completed a contribution period under the legislation of that Party, then for the purpose of any claim to unemployment benefit made under the legislation of that Party, any

surance period, or period of employment, completed under the legislation of the other Party shall be treated

accordance with Article 13 as if it were an

surance period, or period of employment, completed under the legislation of the former Party

so far as those periods do not coincide.

one Party shall be taken

to account for the purpose of determining whether a person who has previously exhausted his right to unemployment benefit under the legislation of Guernsey or Ireland requalifies for it.

accordance with paragraph

accordance with paragraph

surance periods completed under the legislation of Jersey or the Isle of Man shall be taken

to account for the purpose of determining entitlement to unemployment benefit under the legislation of Ireland provided the person has thirty-nine qualifying contributions as an employed contributor under the legislation of Ireland.

respect of any week of unemployment, any

surance period, or any period of employment, completed by him under the legislation of Ireland, shall be treated as an

surance period or period of employment, as the case may be, under the legislation of Guernsey. SECTION 2 RETIREMENT PENSION AND SURVIVOR’S BENEFIT ARTICLE 17 GENERAL PROVISIONS

accordance with Article 18.

surance determined

accordance with Article 18. Such a married woman shall be entitled to receive only the benefit of her choice.

the circumstances referred to

paragraph

to account

accordance with Article 18

surance periods completed under the legislation of any other part of either Party. ARTICLE 18 PRORATA PENSIONS

cluding any

crease for dependants, under the legislation of any part of either Party.

crease for dependent children, but any such

crease shall be payable

accordance with Article 22.

accordance with Article 13, the competent authority of any part of either Party shall determine: (a) the amount of the theoretical pension which would be payable if all the relevant

surance periods completed under the legislation of both Parties had been completed under its own legislation; (b) the proportion of such theoretical pension which bears the same relation to the whole as the total of the

surance periods completed under the legislation of that part of either Party bears to the total of all the relevant

surance periods completed under the legislation of both Parties. The proportionate amount thus calculated shall be the rate of pension actually payable by the competent authority.

paragraph

surance periods completed by any person under the legislation of: (a) Great Britain, Northern Ireland and the Isle of Man amount to less than one reckonable year or, as the case may be, one qualifying year, or relate only to periods before 6 April 1975 and

aggregate amount to less than fifty weeks, or if the combined total of the number of weeks of

surance, after conversion to contribution weeks

accordance with Article 13

accordance with paragraph

surance periods under paragraphs

to account, would be, payable; or (b) where a pension is, or would be, payable under the legislation of two or more parts of the United Kingdom as if they had been completed under the legislation of that part which, at the date on which entitlement first arose or arises, is paying, or would pay, the greater, or greatest, amount.

surance periods under paragraph

crease of benefit payable under the legislation of Great Britain, Northern Ireland or the Isle of Man because of deferred retirement or deferred entitlement, shall be based on the amount of the pro-rata pension calculated

accordance with this Article.

surance periods completed by a person under the legislation of Ireland amount to less than one year those periods shall be treated as if they had been completed under the legislation of the United Kingdom

accordance with paragraph

SURANCE PERIODS TO BE TAKEN

TO ACCOUNT

surance periods (completed under the legislation of either Party) which would be taken

to account for the determination of pensions under its legislation if they were completed under that legislation, and shall, where appropriate, take

to account

accordance with that legislation

surance periods completed by a spouse, or former spouse, as the case may be.

relation to any claim to receive old age benefit or survivor’s benefit, it is found that the

sured person was paid sickness benefit, disability benefit or

validity pension as the case may be, by virtue of reciprocal provisions

the earlier agreements, for any continuous period of not less than 26 weeks the contributions credited to him

respect of that period shall— (

1. a)if before the beginning of that period he has paid at least 156 contributions of the appropriate class under the legislation of one Party, but less than 156 contributions of the appropriate class under the legislation of the other Party, be treated as credited to him under the legislation of the first Party; or (
2. b)if before the beginning of that period he has paid at least 156 contributions of the appropriate class under the legislation of both Parties, be treated as credited to him under the legislation of the Party under whose legislation the benefit or pension was paid during that period; or (
3. c)if before the beginning of that period he has paid less than 156 contributions of the appropriate class under the legislation of either Party be treated as credited to him under the legislation of each Party for that part of that period which bears the same relation to the whole as the number of the appropriate class paid by him under that legislation before the beginning of that period bears to the total number of contributions of the appropriate class paid by him under the legislation of the two Parties before the beginning of that period. ARTICLE 20 OVERLAPPING PERIODS For the purpose of applying Article 18: (
4. a)where a compulsory contribution period or an equivalent period completed under the legislation of one Party coincides with a voluntary contribution period completed under the legislation of the other Party, only the compulsory contribution period or equivalent period shall be taken

to account, provided that the amount of pension payable under the legislation of the latter Party under Article 18

creased by the amount by which the pension payable under the legislation of that Party would have been

creased if all voluntary contributions paid under that legislation had been taken

to account; (b) where a contribution period, other than a voluntary contribution period, completed under the legislation of one Party coincides with an equivalent period completed under the legislation of the other Party, only the contribution period shall be taken

to account; (c) where an equivalent period completed under the legislation of one Party coincides with an equivalent period completed under the legislation of the other Party, account shall be taken only of the equivalent period completed under the legislation under which the

sured person was last

sured before the day when the periods

question began or, if he was never

sured before that day, under the legislation under which he first became

sured after the day when the periods

question ended; (d) where a compulsory contribution period completed under the legislation of one Party coincides with a compulsory contribution period completed under the legislation of the other Party, each Party shall take

to account only the compulsory contribution period completed under its own legislation; (e) where a voluntary contribution period completed under the legislation of one Party coincides with a voluntary contribution period completed under the legislation of the other Party, each Party shall take

to account only the voluntary contribution period completed under its own legislation; (f) where it is not possible to determine accurately the period of time

which certain

surance periods were completed under the legislation of one Party, such

surance periods shall be treated as if they did not overlap with

surance periods completed under the legislation of the other Party and shall be taken

to account to the best advantage of the beneficiary. ARTICLE 21 BENEFITS TO BE EXCLUDED

validity allowance or

capacity age addition payable; but any such benefit shall be added to the amount of any benefit payable under that legislation

accordance with Article 18

crease for child dependants; (b) any

crease where the person has attained pensionable age and is living alone; (c) any

crease where the person has attained the age of eighty years; but such payments shall, where appropriate, be added to the amount of benefit payable under that legislation

accordance with Article 18

CREASES FOR DEPENDENT CHILDREN

crease of a retirement pension or a survivor’s benefit payable under the legislation of either Party

respect of a dependent child or dependent children.

crease shall be payable

accordance with the following provisions: (a) where a retirement pension or a survivor’s benefit is payable only under the legislation of one Party, the

crease shall be payable under the legislation of that Party; (b) where a retirement pension or a survivor’s benefit is payable under the legislation of both Parties and an

crease would otherwise be payable under the legislation of both Parties

respect of the same child, the

crease shall be payable under the legislation of the Party

whose territory the pensioner, widow or widower is ordinarily resident at the date of entitlement to the

crease.

crease cannot be paid under paragraph

the territory of either Party, the

crease shall be payable under the legislation of the Party

whose territory the pensioner or widow was last ordinarily resident. ARTICLE 23 NONSIMULTANEOUS ENTITLEMENT Where a person does not simultaneously satisfy the conditions for entitlement to a retirement pension under the legislation of both Parties, his entitlement from each Party shall be established as and when he satisfies the conditions applicable under the legislation of that Party, taking account, where appropriate, of Article 18. ARTICLE 24 SURVIVOR’S BENEFIT

the territory of that Party, it shall be payable while the child is

the territory of the other Party.

Jersey.

Ireland, shall not be credited with a Class 3 contribution

respect of every week during which that benefit is payable to him, but shall be credited, for the purposes of entitlement to retirement pension or death grant,

respect of each year during the whole or part of which such benefit is payable, with a number of Class 3 contributions equal to his spouse’s yearly average of reckonable contributions at the date of her death. If the rate of retirement pension payable to such a person would be less than the rate of survivor’s benefit formerly payable it shall be

creased to that of the survivor’s benefit. SECTION 3 BENEFITS FOR

DUSTRIAL ACCIDENTS AND

DUSTRIAL DISEASES ARTICLE 25 GENERAL PROVISIONS

the territory of one Party and the legislation of the other Party applies to him

accordance with any of the provisions of Articles 8 to 12, he shall be treated under the legislation of the latter Party for the purpose of any claim for benefit

respect of an

dustrial accident or an

dustrial disease contracted during that employment, as if the accident had occurred or the disease had been contracted

the territory of the latter Party. Where benefit would be payable

respect of that claim if the person were

the territory of the latter Party, it shall be payable while he is

the territory of the former Party.

the course of his employment to the territory of the other Party, but before he arrives

the latter territory sustains an accident, then, for the purpose of any claim to benefit

respect of that accident: (a) the accident shall be treated as if it had occurred

the territory of the Party whose legislation applied to him at the time the accident occurred; and (b) his absence from the territory of that Party shall be disregarded

determining whether his employment was as an employed person under that legislation.

dustrial

jury benefit under the legislation of Guernsey goes to Ireland, he shall be entitled to continue to receive such benefit for a period of not more than thirteen weeks from the date of departure from Guernsey.

dustrial accident or an

dustrial disease, a benefit would be payable under the legislation of one Party

respect of a child if that child were

the territory of that Party, that benefit shall be payable while the child is

the territory of the other Party. ARTICLE 26 DUAL ATTRIBUTION AND AGGRAVATION OF AN

DUSTRIAL DISEASE

dustrial disease, after having been employed

the territories of both Parties

an occupation to which, under the legislation of both Parties, the disease may be attributed and he would be entitled to receive benefit

respect of that disease under the legislation of both Parties, whether by virtue of this Convention or otherwise, the benefit shall be payable only under the legislation of the Party

whose territory he was last employed

that occupation before the disease was diagnosed.

dustrial disease for which benefit has been paid

accordance with paragraph

an occupation to which the disease or the aggravation may be attributed, or has had such employment only

the territory of the Party under whose legislation benefit has been paid, any additional benefit to which he may become entitled as a result of such aggravation shall be payable only under that legislation; (b) if the person makes a claim under the legislation of the Party

whose territory he is employed on the ground that he has suffered an aggravation of the disease while he was employed

the territory of that Party

an occupation to which, under the legislation of that Party, the aggravation may be attributed, the competent authority of that Party shall be liable to pay benefit only

respect of the aggravation as determined under the legislation of that Party. ARTICLE 27 DUAL ENTITLEMENT A person shall not be entitled, whether by virtue of this Convention or otherwise, to receive sickness benefit,

cluding

dustrial

jury benefit under the legislation of Guernsey,

validity benefit or maternity allowance under the legislation of one Party for any period during which he is entitled to benefit, other than a pension, under the legislation of the other Party

respect of

capacity for work which results from an

dustrial accident or an

dustrial disease. SECTION 4 FAMILY BENEFITS ARTICLE 28 FAMILY ALLOWANCE For the purposes of any claim to family allowance under the legislation of Guernsey: (a) any period of residence or presence

Ireland shall be treated as a period of residence or presence

Guernsey; and (b) a person whose place of birth was

Ireland shall be treated as if his place of birth were

Guernsey. SECTION 5 DEATH BENEFIT ARTICLE 29 DEATH GRANT UNDER THE LEGISLATION OF JERSEY, GUERNSEY OR IRELAND

this Article “Party” means Jersey, Guernsey or Ireland, as the case may be.

surance period completed by the relevant person under the legislation of one Party shall be treated

accordance with Article 13 as if it were an

surance period completed under the legislation of the other Party.

addition to the deceased person, also

clude the spouse of the deceased person or,

the case where a grant is claimed

respect of a deceased child, the father or mother of the child or such persons defined

Section 114

the territory of either Party his death shall be treated, for the purpose of any claim to death grant under the legislation of one Party, as if it had occurred

the territory of that Party.

whose territory the death occurs; or (b) if the death does not occur

the territory of either Party, the grant shall be payable only under the legislation of the Party under whose legislation the person on whose

surance the right to the grant is determined was last

sured before the death.

surance period completed under the legislation of the other Party: (a) under the legislation of the Republic of Ireland

respect of any period prior to 1 October 1970; (b) under the legislation of Guernsey

respect of any period prior to 7 June 1971. PART V MISCELLANEOUS PROVISIONS ARTICLE 30 RECOVERY OF ADVANCE PAYMENTS AND OVERPAYMENTS OF BENEFIT

advance of the period, or event, to which it relates or has paid him any benefit for a period, or event, whether by virtue of this Convention or otherwise, and the competent authority of the other Party afterwards decides that the person is entitled to benefit for that period, or event, under its legislation, the competent authority of the latter Party, at the request of the competent authority of the former Party, shall deduct from the benefit due for that period, or event, under its legislation any overpayment which, by virtue of this Convention, results from the advance payment of benefit, or from the benefit paid, by the competent authority of the former Party and shall, where appropriate, transmit this sum to the competent authority of the former Party.

formation about the measures taken by them for the application of this Convention or about changes

their national legislation

so far as these changes affect the application of this Convention.

the territory of the other Party, arrangements for the payment may,

exceptional circumstances, be made by the competent authority of the latter Party, at the request of the competent authority of the former Party, and the former Party shall reimburse the latter Party.

the territory of one Party has claimed, or is receiving, benefit under the legislation of the other Party and a medical examination is necessary, the competent authority of the former Party, at the request of the competent authority of the latter Party, shall arrange for this examination. The cost of such examination shall be met by the competent authority of the former Party.

accordance with this Convention.

an official language of either Party shall be rejected on the ground that it is written

a foreign language.

formation about an

dividual which is sent

accordance with, and for the purposes of, this Convention to that Party by the other Party is confidential and shall be used only for the purpose of implementing this Convention and the legislation to which this Convention applies. ARTICLE 32 SUBMISSION OF CLAIM OR APPEAL

so far as this corresponding benefit is payable

accordance with this Convention. ARTICLE 33 CURRENCY AND METHOD OF PAYMENT

accordance with this Convention may be made

the currency of the Party whose competent authority makes the payment and any such payment shall constitute a full discharge of the obligation

respect of which payment has been made.

accordance with paragraph

the currency of the latter Party.

the territory of one Party is receiving benefit under the legislation of the other Party, it shall be payable by whatever method the competent authority of the latter Party deems appropriate. ARTICLE 34 RESOLUTION OF DISPUTES

terpretation or application.

paragraph

the following manner: (

1. a)each Party shall appoint an arbitrator within one month from receipt of the demand for arbitration. The two arbitrators shall appoint a third arbitrator, who shall not be a national of either Party, within two months from the date on which the Party which was the last to appoint its arbitrator has notified the other Party of the appointment; (
2. b)if within the prescribed period either Party should fail to appoint an arbitrator, the other Party may request the President of the

ternational Court of Justice or,

the event of his having the nationality of one of the Parties, the VicePresident or next senior judge of that Court not having the nationality of either Party, to make the appointment. A similar procedure shall be adopted at the request of either Party if the two arbitrators cannot agree on the appointment of the third arbitrator.

to force of this Convention the earlier agreements shall terminate and shall be replaced by this Convention.

accordance with the earlier agreements shall be maintained. For the purposes of this paragraph “any right to benefit acquired”

cludes any right which a person would have had but for his failure to claim timeously where a late claim is allowed.

course of acquisition under the earlier agreements at the date of entry

to force of this Convention shall be settled

accordance with the agreement, or Convention,

force at the date of entitlement.

to force of this Convention, any claim to benefit has not been determined and entitlement arises before that date, the claim shall be determined under the earlier agreements and shall be determined afresh under this Convention from its date of entry

to force. The rate of benefit determined under this Convention shall be awarded from the date of its entry

to force if this is more favourable than the rate determined under the earlier agreements.

accordance with this Convention

respect of events which happened before the date of its entry

to force, except that an accident which occurred or a disease which developed before that date shall not, solely by virtue of this Convention, be treated as an

dustrial accident or an

dustrial disease if it would not have been so treated under any legislation or agreement having effect at the time of its occurrence or development. For the purpose of determining claims

accordance with this Convention, account shall be taken, where appropriate, of

surance periods and periods of residence, employment or presence, completed before the date of its entry

to force.

to force of this Convention.

accordance with this Convention with effect from the date of its entry

to force provided that the request has been made within two years of that date and, if applicable, benefit awarded at the higher rate from that date; (b) where the request for the benefit to be determined afresh is made more than two years after the date of entry

to force of this Convention payment of benefit, and the payment of any arrears, shall be made

accordance with the legislation concerned.

to force of this Convention. ARTICLE 36 PRIOR ACQUISITION OF RIGHTS — OLD AGREEMENTS REPLACED BY NEW CONVENTION — PERSONS EXCLUDED FROM THIS CONVENTION As regards persons who, by virtue of Article 2, are not covered by this Convention, the following provisions shall apply: (a) any rights

course of acquisition under the earlier agreements before the date of entry

to force of this Convention shall be determined

accordance with Regulation (EEC) 1408/71 and the Implementing Regulation; (b) the earlier agreements shall remain applicable to any award of a benefit which was made under them prior to the date of entry

to force of this Convention. ARTICLE 37 RATIFICATION This Convention shall be ratified and the

struments of ratification shall be exchanged

London as soon as possible. The Convention shall enter

to force on the first day of the third month following the month

which the

struments of ratification are exchanged. ARTICLE 38 LIFE OF THE CONVENTION This Convention shall remain

force for an

definite period. The Government of Ireland or the Government of the United Kingdom of Great Britain and Northern Ireland may denounce it at any time by giving 6 months’ notice

writing to the other Party. ARTICLE 39 RIGHTS ON TERMINATION OF THIS CONVENTION NOT REPLACED BY ANOTHER

the event of the termination of this Convention and unless a new Convention containing provisions regulating the matter is made, any right to benefit acquired by a person

accordance with this Convention shall be maintained and negotiations shall take place for the settlement of any other rights then

course of acquisition by virtue of those provisions.

witness whereof the undersigned, duly authorised by their respective Governments, have signed this Convention. Done

duplicate at Dublin this 14th day of December 2004 For the Government of Ireland: For the Government of theUnited Kingdom ofGreat Britain andNorthern Ireland: John Hynes S.A. Eldon 3 July 2007 Win Harris Director, Joint

ternational Unit of the Department for Work and Pensions and the Department for Work and Pensions and the Department for Education and Skills “I have the honour to acknowledge the receipt of your note dated 3 July 2007 which reads as follows: “I have the honour to refer to the Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland, which was signed at Dublin on 14 December, 2004 and to propose that the following amendments should be made

the text of the Convention: (A)

Article 1

surance contributions or, for certain persons whose marriages have ended by divorce or widowhood, or for certain persons whose civil partnerships have ended by dissolution or by the death of a civil partner, a basic retirement pension based on the former spouse’s or civil partner’s

surance contributions, payable under the legislation of Great Britain, Northern Ireland or the Isle of Man, and an old age pension based on a person’s own contributions or, for certain persons whose marriages have ended by divorce or widowhood, based on the former spouse’s contributions, payable under the legislation of Jersey or Guernsey; “Category B retirement pension” means a basic retirement pension payable to a married person or civil partner on the spouse’s or civil partner’s contributions or, for a widow, widower or surviving civil partner, either, or both a basic retirement pension and an additional pension based on the late spouse’s or civil partner’s contribution, payable under the legislation of Great Britain, Northern Ireland or the Isle of Man, and an old age pension payable under the legislation of Jersey or Guernsey to a married woman by virtue of the contributions of her husband while he is alive;”. (B)

Article 1

validity benefit” shall be replaced as follows: “ “

validity benefit” means— (i) long-term

capacity benefit, additional pension,

validity allowance and

capacity age addition payable under the legislation of Great Britain, Northern Ireland or the Isle of Man, or (ii)

validity benefit payable under the legislation of Guernsey, or (iii)

validity benefit, long term

capacity allowance or

capacity pension payable under the legislation of Jersey, or (iv)

validity pension payable under the legislation of Ireland;”. (C)

Article 1

capacity benefit at the lower, higher or long-term rate payable under the legislation of Great Britain, Northern Ireland or the Isle of Man, or (ii) sickness benefit and

dustrial

jury benefit payable under the legislation of Guernsey, or (iii) short term

capacity allowance payable under the legislation of Jersey, or (iv) disability benefit payable under the legislation for Ireland.”. (D) Article 6, paragraph

Ireland may, after having received, or been deemed to have received, 364 days sickness benefit, become entitled to receive long term

capacity allowance under the legislation of Jersey of a loss of physical or mental faculty.”. (E)

Article 15

a new paragraph shall be

serted as follows: “

capacity pension under the legislation of Jersey, only contribution periods completed, or deemed to be completed, under the legislation of Jersey shall be taken

to consideration

the calculation of the rate of

capacity pension.”. (F)

Article 19, paragraph

to force at the same time as the Convention. I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration.” I have the honour to confirm that the foregoing is acceptable to the Government of Ireland and that they agree that your Note together with this reply shall constitute an Agreement between our two Governments

this matter, which shall enter

to force at the same time as the Convention. I avail myself of this opportunity to renew assurances of my highest consideration. Dáithí O’Ceallaigh Ambassador of Ireland, London 3 July 2007 Your Excellency I have the honour to refer to the Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland, which was signed at Dublin on 14 December, 2004 and to propose that the following amendments should be made

the text of the Convention: (A)

Article 1

surance contributions or, for certain persons whose marriages have ended by divorce or widowhood, or for certain persons whose civil partnerships have ended by dissolution or by the death of a civil partner, a basic retirement pension based on the former spouse’s or civil partner’s

surance contributions, payable under the legislation of Great Britain, Northern Ireland or the Isle of Man, and an old age pension based on a person’s own contributions or, for certain persons whose marriages have ended by divorce or widowhood, based on the former spouse’s contributions, payable under the legislation of Jersey or Guernsey; “Category B retirement pension” means a basic retirement pension payable to a married person or civil partner on the spouse’s or civil partner’s contributions or, for a widow, widower or surviving civil partner, either, or both a basic retirement pension and an additional pension based on the late spouse’s or civil partner’s contribution, payable under the legislation of Great Britain, Northern Ireland or the Isle of Man, and an old age pension payable under the legislation of Jersey or Guernsey to a married woman by virtue of the contributions of her husband while he is alive;”. (B)

Article 1

validity benefit” shall be replaced as follows: “ “

validity benefit” means— (i) long-term

capacity benefit, additional pension,

validity allowance and

capacity age addition payable under the legislation of Great Britain, Northern Ireland or the Isle of Man, or (ii)

validity benefit payable under the legislation of Guernsey, or (iii)

validity benefit, long term

capacity allowance or

capacity pension payable under the legislation of Jersey, or (iv)

validity pension payable under the legislation of Ireland;”. (C)

Article 1

capacity benefit at the lower, higher or long-term rate payable under the legislation of Great Britain, Northern Ireland or the Isle of Man, or (ii) sickness benefit and

dustrial

jury benefit payable under the legislation of Guernsey, or (iii) short term

capacity allowance payable under the legislation of Jersey, or (iv) disability benefit payable under the legislation for Ireland.”. (D) Article 6, paragraph

Ireland may, after having received, or been deemed to have received, 364 days sickness benefit, become entitled to receive long term

capacity allowance under the legislation of Jersey of a loss of physical or mental faculty.”. (E)

Article 15

a new paragraph shall be

serted as follows: “

capacity pension under the legislation of Jersey, only contribution periods completed, or deemed to be completed, under the legislation of Jersey shall be taken

to consideration

the calculation of the rate of

capacity pensions.”. (F)

Article 19, paragraph

to force at the same time as the Convention. I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration. Win Harris, Director, Joint

ternational Unit of the Department for Work and Pensions and the Department for Education and Skills SCHEDULE 2 REVOCATIONS S.I. Number

SURANCE (GREAT BRITAIN RECIPROCAL ARRANGEMENTS) ORDER, 1938. The whole Order S.I. No. 405/1939 NATIONAL HEALTH

SURANCE (GREAT BRITAIN RECIPROCAL ARRANGEMENTS) ORDER, 1939. The whole Order S.I. No. 148/1946 NATIONAL HEALTH

SURANCE (GREAT BRITAIN RECIPROCAL ARRANGEMENTS) ORDER,

1. The whole Order S.I. No. 310/1948 SOCIAL WELFARE (GREAT BRITAIN RECIPROCAL ARRANGEMENTS) ORDER,
2. The whole Order S.I. No. 52/1949 SOCIAL WELFARE (GREAT BRITAIN RECIPROCAL ARRANGEMENTS) ORDER,
3. The whole Order S.I. No. 73/1949 SOCIAL WELFARE (GREAT BRITAIN RECIPROCAL ARRANGEMENTS) (No. 2) ORDER,
4. The whole Order S.I. No. 97/1949 SOCIAL WELFARE (NORTHERN IRELAND RECIPROCAL ARRANGEMENTS) ORDER,
5. The whole Order S.I. No. 22/1952 SOCIAL WELFARE (GREAT BRITAIN RECIPROCAL ARRANGEMENTS) ORDER,
6. The whole Order S.I. No. 77/1952 SOCIAL WELFARE (GREAT BRITAIN RECIPROCAL ARRANGEMENTS) (No. 2) ORDER,
7. The whole Order S.I. No. 309/1952 SOCIAL WELFARE (ISLE OF MAN RECIPROCAL ARRANGEMENTS) ORDER,
8. The whole Order S.I. No. 96/1960 SOCIAL WELFARE (GREAT BRITAIN RECIPROCAL ARRANGEMENTS) ORDER,
9. The whole Order S.I. Number

strument and does not purport to be a legal

terpretation). This Order gives effect to the Bilateral Agreement on social security made between Ireland and the United Kingdom which comes

to effect from 1 October 2007. The Order provides that the Social Welfare Acts and relevant Regulations will be modified to take account of the provisions of the Agreement. The primary purpose of the Agreement is to consolidate the terms of earlier Agreements and to modify them to take account of legislative changes that have occurred

both States and

particular to extend their scope to the Isle of Man, Jersey, Guernsey, Alderney, Herm and Jethou. The Agreement provides that periods of

surance or residence

one State may be taken

to account, where necessary, by the other State

order to qualify for certain benefits and pensions.

the case of Ireland the Agreement covers illness benefit, maternity benefit, jobseeker’s benefit,

validity pension, State pension (contributory), State pension (transition), widow’s and widower’s (contributory) pension, guardian’s payment (contributory), and bereavement grant. The Agreement also contains provisions which allow workers

one State who are sent temporarily by an employer to work

the territory of the other State, to remain attached to the social security system of the first State for a period of 3 years. All previous Agreements as listed are now replaced by this Agreement. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais

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