The Social Security (Netherlands) Order (Northern Ireland) 2007

ARTICLE 7 N.I. General provisions

Commencement Information

I1 Schedule art. 7, in operation at 1.6.2007, see art. 1

(1) Subject to paragraphs (2) to (11) and Articles 8 to 13, where a person is gainfully employed, he shall be subject only to the legislation of the Party in whose territory he is so employed.

(2) Where a person is employed in the territory of both Parties for the same period, he shall be subject only to the legislation of the Party in whose territory he is ordinarily resident.

(3) Where a person is self-employed in the territory of both Parties for the same period, he shall be subject only to the legislation of the Party in whose territory he is ordinarily resident.

(4) Where a person is employed in the territory of one Party and self-employed in the territory of the other Party for the same period, he shall be subject only to the legislation of the former Party.

(5) No provision of this Article shall affect a person’s liability to pay a Class 4 contribution under the legislation of Great Britain, Northern Ireland or the Isle of Man.

(6) Where a person is not gainfully employed, he shall be subject only to the legislation of the Party in whose territory he is ordinarily resident.

(7) Where, but for this paragraph, a person would be entitled to pay contributions voluntarily under the legislation of both Parties for the same period, he shall be entitled to pay contributions only under the legislation of one Party according to his choice.

(8) Where, under Articles 8, 9(a) or (b), or 10(2), a person is employed in the territory of one Party while remaining subject to the legislation of the other Party, he shall not be subject to the legislation of the former Party.

(9) A person who is entitled to receive sickness benefit, maternity allowance, invalidity benefit or injury benefit for any period under the legislation of the Netherlands while he is in Jersey or Guernsey, shall be excepted from liability to pay a contribution in respect of that period, other than as an employed or self-employed person, under the legislation of Jersey or Guernsey.

(10) A person who is entitled to receive survivor’s benefit under the legislation of Jersey shall be awarded credits only for periods during which that person is ordinarily resident in Jersey.

(11) For the purpose of determining whether a person is entitled to be credited with a Class 1 contribution under the legislation of Guernsey in respect of any week of unemployment, any insurance period, or any period of employment, completed by him under the legislation of the Netherlands, shall be treated as an insurance period or period of employment, as the case may be, under the legislation of Guernsey.