The National Insurance (Germany) Order 1961

PART I U.K. Definitions and Scope

Article 1

For the purpose of the present Convention—

(1) “the United Kingdom” means the United Kingdom of Great Britain and Northern Ireland, and “the Federal Republic” means the Federal Republic of Germany;

(2) “territory” means, in relation to the United Kingdom, England, Scotland, Wales, Northern Ireland and the Isle of Man, and, in relation to the Federal Republic, the area in which the Basic Law for the Federal Republic of Germany is in force;

(3) “national” means, in relation to the United Kingdom, a citizen of the United Kingdom and Colonies, and, in relation to the Federal Republic, a German within the meaning of the Basic Law for the Federal Republic;

(4) “legislation” means the legislation specified in Article 2 in force in any part of the territory of one (or the other) Contracting Party;

(5) “competent authority” means, in relation to the United Kingdom, the Minister of Pensions and National Insurance, the Ministry of Labour and National Insurance for Northern Ireland or the Isle of Man Board of Social Services, as the case may require, and, in relation to the Federal Republic, the Federal Minister of Labour and Social Affairs;

(6) “insurance authority” means, in relation to the United Kingdom, the Minister of Pensions and National Insurance, the Ministry of Labour and National Insurance for Northern Ireland, the Isle of Man Board of Social Services or the statutory authorities appointed to determine questions under the legislation of the United Kingdom, as the case may require, and, in relation to the Federal Republic, the Federal Institute for Labour Placing and Unemployment Insurance;

(7) “employed person” means a person who comes within the definition of an employed person or a person who is treated as such in the legislation of one (or the other) Contracting Party; “employment” means employment as an employed person, and the words “employ” and “employer” refer to such employment;

(8) “dependant” means in relation to the United Kingdom, a person who would be treated as such for the purpose of any claim to receive benefit for a dependant under the legislation of the United Kingdom, and, in relation to the Federal Republic, a person who, for the purpose of the benefit in question, comes within the definition of a dependant in German legislation ;

(9) “vessel or aircraft” means, in relation to the United Kingdom, a sea-going ship or vessel, registered in the territory of the United Kingdom, or any other British sea-going ship or vessel of which the owner (or managing owner, if there is more than one owner) or manager resides or has his principal place of business in the territory of the United Kingdom, or an aircraft, registered in that territory, of which the owner (or managing owner, if there is more than one owner) resides or has his principal place of business in that territory; and, in relation to the Federal Republic, a seagoing ship which flies the Federal flag in accordance with German legislation or an aiiroraft which is included in the register of German aircraft.

Article 2

(1) The provisions of the present Convention shall apply—

• in relation to the United Kingdom, to the National Insurance Act, 1946, the National Insurance Act (Northern Ireland), 1946 M1 , and the National Insurance (Isle of Man) Act, 1948 M2 ;

• in relation to the Federal Republic, to the legislation concerning unemployment insurance.

(2) Subject to the provisions of paragraphs (3) and (4) of this Article, the Convention shall apply also to any legislation which amends, supplements or consolidates the legislation specified in paragraph (1) of this Article.

(3) The Convention shall apply to any legislation which extends the existing legislation to new classes of persons, unless, within three months of the date when information concerning the said legislation is given in accordance with the provisions of paragraph (b) of Article 13 of the Convention, the competent authority of one Contracting Party gives notice to the competent authority of the other Party that it shall not so apply,

(4) The Convention shall apply to legislation which amends or supplements the legislation specified in paragraph (1) of this Article for the purpose of giving effect to a reciprocal agreement concluded with one or more other countries, or a Regulation, promulgated by the European Economic Community, which is binding on one of the Parties, only if the two Parties make an agreement to that effect.

(5) Subject to the provisions of Article 5 of the Convention, the Convention shall apply to those members of the forces, members of the civilian component and their dependants, who are mentioned in the first sentence of paragraph (1) of Article 13 of the Agreement to Supplement the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces with respect to Foreign Forces stationed in the Federal Republic of Germany, signed at Bonn on the 3rd August, 1959 M3 in so far as that Agreement relates to the Forces of the United Kingdom and their civilian component, in the same way as the Convention applies to other persons.

Marginal Citations

M1 1946, c. 23 (N.I.).

M2 Revised Statutes of I. of Man, Vol. XVII, p. 197.

M3 “Miscellaneous No. 12 (1959)”, Cmnd. 852.