Social Welfare (Northern Ireland Reciprocal Arrangements) Order, 1964.

• Statutory Instrument No.: 213/1964

S.I. No. 213 of 1964.

SOCIAL WELFARE (NORTHERN IRELAND RECIPROCAL ARRANGEMENTS) ORDER, 1964.

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 Minister for Social Welfare with the Ministry of Labour and National Insurance :

AND WHEREAS by Article 4 of the Agreement it was provided that the Agreement should come into force on the 5th day of October, 1964 :

NOW THEREFORE, I, CAOIMHGHÍN Ó BEOLÁIN, 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 (Northern Ireland Reciprocal Arrangements) Order, 1964. 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 5th day of October, 1964, and the Social Welfare Acts, 1952 to 1964, 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 (Northern Ireland Reciprocal Arrangements) Order, 1953 ( S.I. No. 56 of 1953 ), is hereby revoked as on and from the 5th day of October, 1964.

SCHEDULE.

AGREEMENT RELATING TO INSURANCE AND WORKMEN'S COMPENSATION BETWEEN THE MINISTER FOR SOCIAL WELFARE AND THE MINISTRY OF LABOUR AND NATIONAL INSURANCE.

PART I.

DEFINITIONS AND GENERAL PROVISIONS.

ARTICLE I

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

" the Northern Ireland Act " means the National Insurance Act (Northern Ireland) 1946 ;

" the Industrial Injuries Act " means the National Insurance (Industrial Injuries) Act (Northern Ireland) 1946 ;

" the Northern Ireland Acts " means the National Insurance Act (Northern Ireland) 1946, and the National Insurance (Industrial Injuries) Act (Northern Ireland) 1946 ;

" the Act of the Republic of Ireland " means the Social Welfare Act, 1952 ;

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

" competent authority " means, in relation to Northern Ireland, the Ministry of Labour and National Insurance and, in relation to the Republic of Ireland, the Minister for Social Welfare;

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contributions (whether under the Northern Ireland Act or the Act of the Republic of Ireland or under any enactment repealed by either of those Acts) having effect for the purposes, as the case may be, of sickness benefit or of maternity benefit ;

" contribution week " has the meaning assigned to the expression in the Northern Ireland Act and in the Act of the Republic of Ireland ;

" guardian's allowance " means guardian's allowance under the Northern Ireland Act or orphan's (contributory) allowance under the Act of the Republic of Ireland ;

" non-domiciled mariner " means for the purposes of the Northern Ireland Acts, a person employed on board any ship or vessel who neither is domiciled nor has a place or residence in the United Kingdom, and, for the purposes of the Acts of the Republic of Ireland, a person so employed who neither is domiciled nor has a place of residence in the Republic of 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 Northern Ireland Act or disability benefit under the Act of the Republic of Ireland ;

" the Northern Ireland Fund " means the National Insurance Fund established under the Northern Ireland Act ;

" the Fund of the Republic of Ireland " means the Social Insurance Fund established under the Act of the Republic of Ireland ;

" United Kingdom " includes the Isle of Man ;

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

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

(3) Subject to the provisions of paragraph (4) 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 apply, only if and to the extent that the competent authorities so agree, to any enactment, order or regulation which amends, modifies, adapts, extends or supplements the Northern Ireland Acts or the Acts of the Republic of Ireland for the purpose of giving effect to any reciprocal agreement or arrangements on social security made with a third party.

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 5th October, 1964 but either competent authority may terminate it on giving not less than six months previous notice in writing.

PART II.

RESIDENTS OF NORTHERN IRELAND OR THE REPUBLIC OF IRELAND EMPLOYED IN THE REPUBLIC OF IRELAND OR NORTHERN IRELAND RESPECTIVELY.

ARTICLE 5

(1) If a person who is ordinarily resident in Northern Ireland—

(a) is temporarily employed in the Republic of Ireland in the course of his service for an employer who is resident or has a place of business in Northern Ireland, or

(b) is temporarily employed in the Republic of Ireland by an employer who is resident or has a place of business in Northern Ireland and has been engaged for that employment outside the Republic of Ireland,

then, in relation to that employment—

(i) the provisions of the Northern Ireland Acts which concern the payment of contributions shall apply to him as if it were in Northern Ireland ; and

(ii) the provisions of the Acts of the Republic of Ireland shall not apply.

(2) If a person who is ordinarily resident in the Republic of Ireland—

(a) is temporarily employed in Northern Ireland in the course of his service for an employer who is resident or has a place of business in the Republic of Ireland, or

(b) is temporarily employed in Northern Ireland by an employer who is resident or has a place of business in the Republic of Ireland and has been engaged for that employment outside Northern Ireland,

then, in relation to that employment—

(i) the provisions of the Act of the Republic of Ireland which concern the payment of contributions shall apply to him as if it were in the Republic of Ireland ; and

(ii) the provisions of the Northern Ireland Acts shall not apply.

(3) For the purpose of applying the provisions of paragraphs (1) and (2) of this Article, a person shall cease, unless the competent authorities otherwise agree in any particular case, to be treated as temporarilyemployed in Northern Ireland or the Republic of Ireland if his employment in Northern Ireland or the Republic of Ireland, as the case may be, has lasted for as long as twelve months.

(4) If a person who is resident in Northern Ireland is employed in any contribution week in both Northern Ireland and the Republic of Ireland by one employer, then, in relation to that employment in that week—

(i) the provisions of the Northern Ireland Acts which concern the payment of contributions shall apply to him as if it were in Northern Ireland only ; and

(ii) the provisions of the Acts of the Republic of Ireland shall not apply.

(5) If a person who is resident in the Republic of Ireland is employed in any contribution week in both the Republic of Ireland and Northern Ireland by one employer, then, in relation to that employment in that week—

(i) the provisions of the Act of the Republic of Ireland which concern the payment of contributions shall apply to him as if it were in the Republic of Ireland only ; and

(ii) the provisions of the Northern Ireland Acts shall not apply.

(6) No person shall be liable to pay contributions under the Act of the Republic of Ireland in respect of employment in Northern Ireland or under the Northern Ireland Acts in respect of employment in the Republic of Ireland otherwise than in accordance with the provisions of paragraphs (1), (2), (3) ,(4) and (5) of this Article.

(7) For the purpose of the provisions of the Northern Ireland 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 Northern Ireland 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 (3) of this Article.

ARTICLE 6

(1) Where a person is employed in the Republic of Ireland and in relation to that employment those provisions of the Northern Ireland Acts which concern the...