The Social Security (Reciprocal Agreements) Order 1982

SCHEDULE 1

Modification of the National Insurance and Industrial Injuries (Sweden) Order 1957

1.  The agreement in the Schedule to the National Insurance and Industrial Injuries (Sweden) Order 1957 shall be amended as follows:–

(a) in sub-paragraph (c) of Article 7 the words “maternity grant or” shall be deleted;

(b) for Article 11 there shall be substituted the following:–

“[ARTICLE 11].— (1) Where a woman is confined in the United Kingdom (other than a woman who is treated as having been confined there by virtue of paragraph (2) of this Article), periods during which she was present in Sweden shall be treated for the purpose of a claim by her for maternity grant under the legislation of that part of the United Kingdom in whose territory the confinement occurred as if they were periods during which she was present in that territory.

(2) For the purpose of any right to maternity grant under the legislation of the United Kingdom, a confinement in Sweden shall be treated as if it were a confinement in the United Kingdom.

(3)  Where, but for the provisions of this paragraph, a woman would be entitled to receive a maternity grant under the legislation of more than one part of the United Kingdom by virtue of the provisions of this Convention, a grant shall be payable only under the legislation of the part in which the confinement occurred, unless the confinement occurred in Sweden, in which case the grant shall be payable under the legislation of that part of the United Kingdom in which she was last resident.”.

Modification of the Family Allowances, National Insurance and Industrial Injuries (Finland) Order 1960

2.  The agreement contained in the Schedule to the Family Allowances, National Insurance and Industrial Injuries (Finland) Order 1960 shall be amended as follows:–

(a) in sub-paragraph (c) of Article 7, the words “maternity grant or” shall be deleted;

(b) for Article 9 there shall be substituted the following:–

“Maternity Grant

[ARTICLE 9].— (1)  Where a woman is confined in the territory of one Party, for the purpose of a claim for maternity grant under the legislation of that Party, periods of presence or residence completed in the territory of the other Party shall, where necessary, be treated as if they were periods of presence or residence completed in the territory of the former Party.

(2)  Where a woman would be entitled to a maternity grant under the legislation of both Parties in respect of the same confinement, whether by virtue of this Convention or otherwise:

(a) the grant shall be payable only under the legislation of the Party in whose territory the confinement occurs; or

(b) if the confinement does not occur in the territory of either Party, the grant shall be payable only under the legislation of the Party under which the woman was last insured before the confinement, or, if she were never insured, under the legislation of the Party under whose legislation her husband was last insured, before her confinement.”.

Modification of The Social Security (Portugal) Order 1979

3.  The agreement contained in the Schedule to the Social Security (Portugal) Order 1979 shall be amended by inserting the following paragraph after paragraph (1) of Article 11:–

“(1A) where a woman is confined on or after 4 July 1982 in Great Britain, Northern Ireland or the Isle of Man (other than a woman who is treated as having been confined there by virtue of Article 12(1)), periods during which she was present in the territory of Portugal shall be treated for the purpose of a claim by her for maternity grant under the legislation of the Party in whose territory the confinement occurred as if they were periods during which she was present in that territory.”

SCHEDULE 2

Orders in Council modified by this Order	Orders in Council previously modified(1)
(1)	(2)
The National Insurance and Industrial Injuries (Sweden) Order 1957 (S.I. 1957/856)	The National Insurance and Industrial Injuries (Sweden) Order 1957 (S.I. 1957/856)
The Family Allowances, National Insurance and Industrial Injuries (Finland) Order 1960 (S.I. 1960/212)	The Family Allowances, National Insurance and Industrial Injuries (Finland) Order 1960 (S.I. 1960/212)
The Social Security (Portugal) Order 1979 (S.I. 1979/921)

(1)

See S.I. 1976/225, 1979/290.