Social Welfare (Great Britain Reciprocal Arrangements) Order, 1953

• Jurisdiction: Ireland
• Citation: IR SI 73/1953

S.I. No. 73 of 1953.

SOCIAL WELFARE (GREAT BRITAIN RECIPROCAL ARRANGEMENTS) ORDER, 1953.

WHEREAS the arrangements in respect of matters relating to Insurance and Workmen's Compensation set out in the Agreement in the Schedule to this Order have been made by the Minister for Social Welfare with the proper authority in Great Britain.

NOW THEREFORE the Minister for Social Welfare, in exercise of the powers conferred on him by Section 64 of the Social Welfare Act, 1952 (No. 11 of 1952), and all other powers enabling him in this behalf, and with the sanction of the Minister for Finance, hereby makes the following Order : 1. This Order may be cited as the Social Welfare (Great Britain Reciprocal Arrangements) Order, 1953. 2. The provisions contained in the Agreement set out in the Schedule to this Order shall have full force and effect as from the 5th day of January, 1953, and the Social Welfare Act, 1952 , and the Workmen's Compensation Acts, 1934 and 1948, 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.

GIVEN under the Official Seal of the Minister for Social Welfare this 18th day of February, One Thousand Nine Hundred and Fifty-three.

SÉAMAS Ó RIAIN,

Minister for Social Welfare.

SCHEDULE.

AGREEMENT RELATING TO INSURANCE AND WORKMEN'S COMPENSATION MADE THIS THE TWENTY-EIGHTH DAY OF JANUARY IN THE YEAR OF OUR LORD ONE THOUSAND NINE HUNDRED AND FIFTY-THREE BETWEEN THE MINISTER FOR SOCIAL WELFARE OF THE ONE PART AND THE MINISTER OF NATIONAL INSURANCE OF THE OTHER PART.

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

9 & 10 Geo. 6: C. 67.

" the Great Britain Act " means the National Insurance Act, 1946 ;

9 & 10 Geo. 6. C. 62 and 9 & 10 Geo. 6. C. 67.

" the Great Britain Acts " means the National Insurance Acts, 1946 ;

No. 11 of 1952.

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

No. 9 of 1934.

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

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

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

" maternity benefit " means maternity benefit other than maternity allowance (whether under the Great Britain Act or 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 ;

" 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 ;

" 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 neither is domiciled nor has a place of residence in Ireland ;

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

" the Great Britain Fund " means the National Insurance Fund established under the Great Britain Act ; and

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

(2) (a) References in this Agreement to the Act in force in 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 in force in 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.

(3) References in this Agreement to any enactment or order shall include a reference to such enactment or order as amended by any subsequent enactment, order or regulations.

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

3. The said Minister of National Insurance and the said Minister for Social Welfare shall from time to time determine the procedure appropriate for the purposes of this Agreement, and all matters of an incidental and supplementary nature which in their opinion are relevant for the purpose of giving effect thereto.

4. This Agreement shall have effect from 5th January, 1953, but the said Minister of National Insurance or the said Minister for Social Welfare may terminate it on giving not less than six months previous notice in writing.

PART I.

Insurance for Sickness Benefit and Maternity Benefit.

5.—(1) Subject to the provisions of article 6 and of the following paragraphs of this article, where a person insured under the Act in force in one country is on the 5th January, 1953, in the other country or thereafter goes to the other country, that person shall, in respect of any period for which he is in that other country occurring after the said date and before the expiration of six months from the date on which he last arrived in that othercountry, be treated for the purposes of his right to receive sickness benefit or maternity benefit as if he were in the first-mentioned country during that period :

Provided that :—

(a) for the purpose of calculating the said period of six months the temporary absence of a person from Great Britain or Ireland, as the case may be, shall be disregarded and the question whether the absence of a person is or is not to be treated as temporary for the said purpose shall be determined under article 3 ; and

(b) the said Minister of National Insurance or the said Minister for Social Welfare, as the case may be, may extend the said period of six months by not more than seven days in the circumstances of any particular case or class of cases.

(2) The rate at which any sickness benefit (apart from any increase) shall be payable to any person by virtue of this article shall not exceed the maximum rate of that benefit (apart from any increase) appropriate to that person under the provisions of the Act in force in the country in which that person is.

(3) In determining, in relation to any person to whom this article applies, any question whether any such person is entitled to sickness benefit or maternity benefit under the Act in force in the said first mentioned country and for the purpose of any such question, the number of contributions paid by or in respect of him, any contributions of the appropriate class paid by or in respect of that person for any weeks in a period to which this article applies and which is current at the date when that question arises shall be taken into account.

(4) Subject to the provisions of article 8, this article shall not confer any right to receive an increase of benefit under the Great Britain Act for a child or an adult dependant who is absent from Great Britain.

6. A member of the Defence Forces of Ireland who is insured under the Great Britain Act shall not be entitled to sickness benefit under that Act, and a member of the United Kingdom Forces who is insured under the Irish Act shall not be entitled to sickness benefit under that Act, in respect of any period during which he is a member of such forces.

7. Where a person insured under the Act in force in one country is in the other country at the expiration of the period during which the provisions of article 5 applied to him, then for the purpose of sickness benefit and maternity benefit—

(a) the provisions of the Act in force in the first-mentioned country shall cease to apply in his case ; and

(b) in the application to him of the provisions of the Act in force in the other country, insurance, employment, contributions of the appropriate class paid (including such contributions credited or treated as paid) and benefits paid or claimed in the said first-mentioned country shall be treated as if they had been respectively insurance, employment, contributions of the appropriate class paid (including contributions credited or treated as paid) and benefits paid or claimed in that other country :

Provided that, in the case of a person who has been insured under the Irish Act and is in Great Britain, unless and until not less than thirteen such contributions have been paid by or in respect of him under the Great Britain Act since the beginning of the said period, the rate at which any such benefit (including any increase) shall be payable, shall not exceed the rate at which it would have been payable to him at the end of that period under the provisions of the Irish Act.

8. Where the wife or husband of a person insured under the Act in force in one country is in the other country, such wife or husband shall be treated for the purpose of the right of that person to receive an increase of any sickness benefit to which that person may be entitled in respect of a wife or husband as if she or he were in the first-mentioned country.

9. Where a person insured under the Act in force in one country who has gone to the other country returns to the first-mentioned country, then unless the period applicable to him under the provisions of article 5 had terminated before his departure from the other country, any contributions of the appropriate class paid by or in respect of him in the other country during that period shall, for the purpose of sickness benefit and maternity benefit in the first-mentioned country, be treated as such contributions so paid in the first-mentioned...