Social Welfare (Great Britain Reciprocal Arrangements) Order, 1960.

Statutory Instrument No.96/1960

S.I. No. 96 of 1960.

SOCIAL WELFARE (GREAT BRITAIN RECIPROCAL ARRANGEMENTS) ORDER, 1960.

WHEREAS the arrangements in respect of matters relating to insurance set out in the Agreement in the Schedule to this Order were made by the Government of Ireland with the Government of the United Kingdom :

AND WHEREAS by Article 4 of the Agreement it was provided that the Agreement should have effect from the 2nd of May, 1960 :

NOW THEREFORE, I, SEÁN MacENTEE, Minister for Social Welfare, in exercise of the powers conferred on me by section 64 of the Social Welfare Act, 1952 (No. 11 of 1952), with the sanction of the Minister for Finance, hereby make the following Order :—

1. This Order may be cited as the Social Welfare (Great Britain Reciprocal Arrangements) Order, 1960.

2. The provisions contained in the Agreement in respect of matters relating to insurance set out in the Schedule to this Order shall have full force and effect as on and from the 2nd day of May, 1960, and the Social Welfare Acts, 1952 to 1958, shall have effect subject to such modifications as may be required for the purpose of giving effect to the provisions contained in the said Agreement.

3. The Social Welfare (Great Britain Reciprocal Arrangements) Order, 1953, ( S.I. No. 73 of 1953 ) and the Social Welfare (Isle of Man Reciprocal Arrangements) Order, 1954, ( S.I. No. 203 of 1954 ) are hereby revoked as on and from the 2nd day of May, 1960.

GIVEN under my Official Seal this 2nd day of May, One Thousand Nine Hundred and Sixty.

SEÁN MacENTEE

Minister for Social Welfare.

I, SÉAMAS Ó RIAIN, Minister for Finance, hereby sanction the foregoing Order.

GIVEN under my Official Seal this 2nd day of May One Thousand Nine Hundred and Sixty.

SÉAMAS Ó RIAIN

Minister for Finance.

SCHEDULE

AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF IRELAND AND THE GOVERNMENT OF THE UNITED KINGDOM

The Government of Ireland and the Government of the United Kingdom,

Being resolved to co-operate in the social field,

Desiring to make arrangements enabling persons, who go from one country to the other, to receive social security benefits for sickness, maternity, unemployment, widowhood and orphanhood,

Have agreed as follows :

PART I

DEFINITIONS AND GENERAL PROVISIONS

ARTICLE I

(1) In this Agreement, unless the context otherwise requires—

" the Great Britain Act " means, according to the context, the National Insurance Act, 1946, or the National Insurance (Isle of Man) Act, 1948 ;

" the Industrial Injuries Act " means, according to the context, the National Insurance (Industrial Injuries) Act, 1946, or the National Insurance (Industrial Injuries) (Isle of Man) Act, 1948 ;

"the Great Britain Acts" means, according to the context, the National Insurance Act, 1946, and the National Insurance (Industrial Injuries) Act, 1946, or the National Insurance (Isle of Man) Act, 1948, and the National Insurance (Industrial Injuries) (Isle of Man) Act, 1948 ;

" the Irish Act " means the Social Welfare Act, 1952 ;

" the Irish Acts " means the Social Welfare Act, 1952 , and the Workmen's Compensation Act, 1934 ;

" competent authority " means, in relation to Great Britain, according to the context, the Minister of Pensions and National Insurance or the Isle of Man Board of Social Services and, in relation to Ireland, the Minister for Social Welfare ;

" contributions of the appropriate class " means contributions (whether under the Great Britain Act or the Irish Act or under any enactment repealed by either of these Acts) having effect for the purposes, as the case may be, of sickness benefit or of maternity benefit ;

" country " means Great Britain or Ireland, as the case may require ;

" Great Britain " and " the United Kingdom " include the Isle of Man ;

" guardian's allowance " means guardian's allowance under the Great Britain Act or orphan's (contributory) allowance under the Irish Act ;

" non-domiciled mariner " means for the purposes of the Great Britain Acts, a person employed on board any ship or vessel who neither is domiciled nor has a place of residence in the United Kingdom, and, for the purposes of the Irish Acts, a person so employed who either is domiciled nor has a place of residence in Ireland ;

" radio officer " means a person to whom Part V of the Agreement applies who is employed on board any ship or vessel in connection with the radio apparatus thereof ;

" relevant contribution year " means the contribution year or other period of fifty-two or fifty-three weeks in which the contribution conditions for sickness benefit, maternity grant or maternity allowance, as the case may be, require a number of contributions to have been paid or credited ;

" sickness benefit " means, as the case may require, sickness benefit under the Great Britain Act or disability benefit under the Irish Act ;

" the Great Britain Fund " means, according to the context, the National Insurance Fund or the Manx National Insurance Fund established under the Great Britain Act ;

" the Irish Fund " means the Social Insurance Fund established under the Irish Act ;

" widow's benefit " means widow's benefit under the Great Britain Act or widow's pension under any enactment repealed by that Act, or widow's (contributory) pension under the Irish Act or any enactment repealed by that Act, and includes any allowance payable therewith in respect of a child.

(2) (a) References in this Agreement to the Act of a particular country shall be construed as references to the Great Britain Act or the Irish Act, as the case may require.

(b) References in this Agreement to the Acts of a particular country shall be construed as references to the Great Britain Acts or the Irish Acts, as the case may require.

(c) References in this Agreement to the Fund of a particular country shall be construed as references to the Great Britain Fund or the Irish Fund, as the case may require.

(d) References in this Agreement to contributions paid by a person shall be construed as including references to contributions paid by an employer in respect or on behalf of that person, not being employers' contributions under the Great Britain Act.

(3) Subject to the provisions of paragraphs (4) and (5) of this Article, references in this Agreement to any enactment, order or regulation shall include references to such enactment, order or regulation as amended, modified, adapted, extended or supplemented by any subsequent enactment, order or regulation.

(4) The provisions of paragraph (3) of this Article shall not apply to any order which amends, modifies, adapts, extends or supplements the Great Britain Acts for the purpose of giving effect to any reciprocal agreement between the competent authorities of Great Britain, in so far as that order relates to unemployment benefit.

(5) The provisions of paragraph (3) of this Article shall apply, only if and to the extent that the Contracting Parties so agree, to any enactment, order or regulation which amends, modifies, adapts, extends or supplements the Acts of either country for the purpose of giving effect to any reciprocal agreement or arrangements on social security which one (or the other) Party or the competent authority of either country has made with a third Party or a competent authority outside the two countries.

ARTICLE 2

Nothing in this Agreement shall confer a right to double benefit.

ARTICLE 3

The competent authorities shall from time to time determine the procedure appropriate for the purposes of this Agreement, and all matters of an incidental or supplementary nature which in their opinion are relevant for the purpose of giving effect thereto.

ARTICLE 4

This Agreement shall come into force on the 2nd day of May, 1960, and shall remain in force for a period of one year from that date. Thereafter, it shall continue in force from year to year unless—

(a) the Contracting Parties agree to terminate it ; or

(b) either Party gives notice of termination in writing at least six months before the expiry of any such yearly period.

PART II

RESIDENTS OF ONE COUNTRY EMPLOYED IN THE OTHER

ARTICLE 5

(1) If a person—

(a) is ordinarily resident in one country ; and

(b) is either employed in the other country in the government service of the first-mentioned country or temporarily employed in the other country in the service of an employer who is resident or has a place of business in the first-mentioned country ; and

(c) has been engaged for that employment outside the other country ;

then, in relation to that employment—

(i) the provisions of the Acts of the first-mentioned country which concern the payment of contributions shall apply to him as if he were employed in that country ; and

(ii) the Acts of the other country shall not apply to him.

(2) For the purpose of applying the provisions of paragraph (1) of this Article, a person shall cease, unless the competent authorities otherwise agree in any particular case, to be treated as temporarily employed in a country if his employment in that country has lasted for as long as twelve months.

(3) No person shall be liable to pay contributions under the Acts of one country in respect of employment in the other country otherwise than in accordance with the provisions of paragraphs (1) and (2) of this Article.

(4) For the purpose of the provisions of the Great Britain Act which concern residence and persons abroad, a person shall be treated as if he had been liable to pay contributions in respect of an employed contributor's employment outside Great Britain in accordance with those provisions for any period for which he was liable to pay contributions in accordance with the provisions of paragraphs (1) and (2) of this Article.

ARTICLE 6

Where a person is employed in one country and those provisions of the Acts of the other country which concern the payment of contributions apply to that person in accordance with the...

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