The Family Allowances, National Insurance and Industrial Injuries (European Interim Agreement) Order 1959

Annex III To the European Interim Agreement on Social Security other than Schemes for Old Age, Invalidity and Survivors

Reservations to the Agreement formulated by the Contracting Parties

1.  The Government of Denmark has formulated the following reservation:

The provisions of the Danish law of May 10, 1915, concerning infectious diseases, which impose a residence requirement of one year when the party concerned is neither a Danish national nor a member of a sick fund recognised by the State, shall be excluded from the application of this agreement.

2.  The Government of France has formulated the following reservations:

(a) The provisions of the French legislation respecting compensation for industrial accidents for prisoners shall be excluded from the application of the Agreement, unless there is in the country concerned a scheme offering similar benefits of which prisoners of French nationality in such country may avail themselves.

(b) The French Act of September 23, 1948, No. 48-1473, as amended, extending to students certain provisions of the Order of October 17, 1945, respecting the scheme of social insurance applicable to insured persons in non-agricultural employment, shall be excluded from the application of the Agreement, unless there is in the country concerned a scheme offering similar benefits of which students of French nationality in such country may avail themselves.

(c) The inclusion of family benefits within the field of application of the Agreement shall in no way prejudice the right of the French legislation on maternity benefits to reserve these benefits to parents whose children are of French nationality at birth or acquire that nationality within a period of three months, so long as it makes no distinction based on the nationality of the parents.

3.  The Government of Iceland has formulated the following reservation:

The provisions respecting family allowances which are contained in the Social Security Act No. 50/1946 shall be excluded from the application of the Agreement, unless there is a family allowance scheme in the country concerned of which Icelandic nationals may avail themselves.

4.  The Government of Luxembourg has formulated the following reservations:

(a) The Luxembourg Government reserves the right not to apply the provisions of this Agreement to the system of birth allowances.

(b) The application of the Agreement to unemployment benefits shall be subject to organising the financial contribution of employers and employees, or of one of these groups, in the allocation of unemployment assistance.

5.  The Government of Norway has formulated the following reservation:(1)

The Norwegian Act of October 24, 1946, respecting family allowances shall be excluded from the application of the Agreement, unless there is a family allowance scheme in the country concerned, of which Norwegian nationals may avail themselves.

6.  The Government of Sweden has formulated the following reservations:

(a) The Swedish Act respecting maternity grants payable, subject to a means test, to all mothers, shall not apply to the nationals of a Contracting Party which has repealed the legal provisions under which maternity cash benefits are payable.(2)

(b) The clause in the Swedish Legislation concerning family allowances which regulates the right of allowance to a child who is a national of another country shall be considered to conform with the provisions of Article 2 of this Agreement.

(c) The provision of the Swedish Unemployment Assistance which requires one year of work in Sweden to qualify a person who is a national of another country to benefit from the Assistance system, shall be excluded from the application of this Agreement.

7.  The Government of the United Kingdom has formulated the following reservation:(3)

• The legislation of the United Kingdom does not at present permit the full application of the principles of the Agreement to the schemes of family allowances in its territory, and the Government is accordingly obliged to make the following provisional reservation:

• For the purpose of the family allowances schemes in Great Britain, Northern Ireland and the Isle of Man, a national of another Contracting Party shall be treated as a national of the United Kingdom only after he has been present in Great Britain, Northern Ireland, or the Isle of Man, or, where not so present, has been a member of the Forces or a merchant seaman as defined in the relevant British legislation, for at least 156 weeks in the aggregate out of the four years immediately preceding the date on which an allowance is claimed.

(1)

Reservation withdrawn as from October 1, 1954.

(2)

Reservation (a) withdrawn as from October, 1955.

(3)

Reservation withdrawn as from February 1, 1959 (see Third Schedule).