Social Welfare (Agreement With the Government of Japan on Social Security) Order, 2010

• Jurisdiction: Ireland
• Citation: IR SI 527/2010

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 9th November, 2010.

WHEREAS the arrangements in respect of matters relating to social security set out in the Agreement in the Schedule to this Order (hereinafter called “the Agreement”) were made by the Government of Ireland with the Government of Japan;

AND WHEREAS it is provided in Article 25 that the Agreement will come into force on the first day of the third month following the month in which each Contracting Party shall have received from the other Contracting Party written notification that it has fulfilled all requirements for the entry into force of this Agreement;

AND WHEREAS the aforesaid notifications were exchanged in Dublin on the 9th day of September, 2010,

NOW THEREFORE the Minister for Social Protection, in 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 (Agreement with the Government of Japan on Social Security) Order 2010.

2. This Order shall come into force on 1 December 2010.

3. On and from 1 December 2010 the Social Welfare Acts 2005 to 2010 and the regulations made under those Acts insofar as they relate to State pension (contributory), State pension (transition), invalidity pension, widow’s and widower’s (contributory) pension, guardian’s payment (contributory), bereavement grant, and the liability of a person to the payment of employment and self-employment contributions shall be modified to the extent necessary to take account of and give effect to the provisions of the Agreement.

ScheduleAGREEMENT BETWEEN THE GOVERNMENT OF IRELAND AND THE GOVERNMENT OF JAPAN ON SOCIAL SECURITY

The Government of Ireland and the Government of Japan, being desirous of regulating their mutual relations in the field of social security, have agreed as follows:

PART IGENERAL PROVISIONS

Article 1

Definitions

1. For the purpose of this Agreement,

(a) “a Contracting State” and “the other Contracting State” mean Ireland or Japan, as the context requires;

(b) “national” means,

as regards Ireland,

a citizen of Ireland,

as regards Japan,

a Japanese national within the meaning of the law on nationality of Japan;

(c) “legislation” means,

as regards Ireland,

the laws and regulations specified in paragraph 1 of Article 2,

as regards Japan,

the laws and regulations of Japan concerning the Japanese pension systems specified in paragraph 2 of Article 2;

(d) “competent authority” means,

as regards Ireland,

the Minister for Social and Family Affairs,

as regards Japan,

any of the Governmental organisations competent for the Japanese pension systems specified in paragraph 2 of Article 2;

(e) “competent institution” means,

as regards Ireland,

the Department of Social and Family Affairs,

as regards Japan,

any of the insurance institutions, or any association thereof, responsible for the implementation of the Japanese pension systems specified in paragraph 2 of Article 2;

(f) “period of coverage” means a period of contribution under the legislation of a Contracting State and any other period taken into account under that legislation for establishing entitlement to benefits.

However, a period which shall be taken into account for the purpose of establishing entitlement to benefits under the legislation of a Contracting State pursuant to other agreements on social security comparable with this Agreement or the Regulations on Social Security for migrant workers of the European Union shall not be included;

(g) “benefit” means a pension or any other cash benefit under the legislation of a Contracting State.

2. For the purpose of this Agreement, any term not defined in this Agreement shall have the meaning assigned to it under the applicable legislation.

3. The headings of Parts, Chapters and Articles of this Agreement are inserted for convenience of reference only and shall not affect the interpretation of this Agreement.

Article 2

Scope of this Agreement

This Agreement shall apply,

1. as regards Ireland, to

(a) the Social Welfare Acts and regulations made under those Acts as they relate to:

(i) state pension (contributory);

(ii) state pension (transition);

(iii) widow’s and widower’s (contributory) pension;

(iv) invalidity pension;

(v) guardian’s payment (contributory);

(vi) bereavement grant; and

(vii) the liability for payment of employment and self-employment contributions; and

(b) future legislation which amends, supplements, consolidates or supersedes the legislation specified in subparagraph (a) of this paragraph. However, this Agreement shall not apply to future legislation which creates other types of benefits or new categories of beneficiaries.

2. as regards Japan, to the following Japanese pension systems:

(a) the National Pension (except the National Pension Fund);

(b) the Employees’ Pension Insurance (except the Employees’ Pension Fund);

(c) the Mutual Aid Pension for National Public Officials;

(d) the Mutual Aid Pension for Local Public Officials and Personnel of Similar Status (except the pension system for members of local assemblies); and

(e) the Mutual Aid Pension for Private School Personnel;

(the Japanese pension systems specified in (b) to (e) shall hereinafter be referred to as the “Japanese pension systems for employees”);

however, for the purpose of this Agreement, the National Pension shall not include the Old Age Welfare Pension or any other pensions which are granted on a transitional or complementary basis for the purpose of welfare and which are payable wholly or mainly out of national budgetary resources.

Article 3

Persons Covered

This Agreement shall apply to a person who is or has been subject to the legislation of a Contracting State, as well as family members or survivors who derive rights from such person.

Article 4

Equality of Treatment

Unless otherwise provided in this Agreement, the persons specified in Article 3 who ordinarily reside in the territory of a Contracting State shall receive equal treatment with nationals of that Contracting State in the application of the legislation of that Contracting State.

However, the foregoing shall not affect the provisions on complementary periods for Japanese nationals on the basis of ordinary residence outside the territory of Japan under the legislation of Japan.

Article 5

Payment of Benefits Abroad

1. Unless otherwise provided in this Agreement, any provision of the legislation of a Contracting State which restricts entitlement to or payment of benefits solely because the person ordinarily resides outside or is absent from the territory of that Contracting State shall not be applicable to persons who ordinarily reside in the territory of the other Contracting State.

However, the foregoing shall not affect the provisions of the legislation of Japan which require a person who is aged 60 or over but under 65 on the date of the first medical examination or of death to reside ordinarily in the territory of Japan for the acquisition of entitlement to the Disability Basic Pension or the Survivors’ Basic Pension.

2. Benefits under the legislation of a Contracting State shall be paid to nationals of the other Contracting State who ordinarily reside in the territory of a third country, under the same conditions as if they were nationals of the first Contracting State.

PART IIPROVISIONS CONCERNING THE APPLICABLE LEGISLATION

Article 6

General Provisions

Unless otherwise provided in this Agreement, a person who works as an employee or a self-employed person in the territory of a Contracting State shall, with respect to that employment or self-employment, be subject only to the legislation of that Contracting State.

Article 7

Special Provisions

1. Where a person who is covered under the legislation of a Contracting State and employed in the territory of that Contracting State by an employer with a place of business in that territory is sent by that employer, either from that territory or from a territory of a third country, to work on that employer’s behalf in the territory of the other Contracting State, the employee shall be subject only to the legislation of the first Contracting State as if that employee were working in the territory of the first Contracting State, provided that the period of such detachment is not expected to exceed five years.

2. If the detachment referred to in paragraph 1 of this Article continues beyond five years, the competent authorities or the competent institutions of both Contracting States may agree that the employee remains subject only to the legislation of the first Contracting State.

3. Where a person who is covered under the legislation of a Contracting State and who ordinarily works as a self-employed person in the territory of that Contracting State works temporarily as a self-employed person only in the territory of the other Contracting State, that person shall be subject only to the legislation of the first Contracting State as if that person were working in the territory of the first Contracting State, provided that the period of the self-employed activity in the territory of the other Contracting State is not expected to exceed five years.

4. If the self-employed activity in the territory of the other Contracting State referred to in paragraph 3 of this Article continues beyond five years, the competent authorities or the competent institutions of both Contracting States may agree that the self-employed person remains subject only to the legislation of the first Contracting State.

Article 8

Employees on Board a Sea-Going Vessel or on an Aircraft

1. Where the legislation of both Contracting States would otherwise apply to a person who works as an employee on board a sea-going vessel flying the flag of a...