The Social Security (Ireland) Order 2007

PART VI TRANSITIONAL AND FINAL PROVISIONS

ARTICLE 35 Prior acquisition of rights—old Agreements replaced by new Convention— persons covered by this Convention

(1) Upon the entry into force of this Convention the earlier agreements shall terminate and shall be replaced by this Convention.

(2) Any right to benefit acquired by a person in accordance with the earlier agreements shall be maintained. For the purposes of this paragraph “any right to benefit acquired” includes any right which a person would have had but for his failure to claim timeously where a late claim is allowed.

(3) Any rights in course of acquisition under the earlier agreements at the date of entry into force of this Convention shall be settled in accordance with the agreement, or Convention, in force at the date of entitlement.

(4) Where, from the date of entry into force of this Convention, any claim to benefit has not been determined and entitlement arises before that date, the claim shall be determined under the earlier agreements and shall be determined afresh under this Convention from its date of entry into force. The rate of benefit determined under this Convention shall be awarded from the date of its entry into force if this is more favourable than the rate determined under the earlier agreements.

(5) Benefit, other than lump sum payments, shall be payable in accordance with this Convention in respect of events which happened before the date of its entry into force, except that an accident which occurred or a disease which developed before that date shall not, solely by virtue of this Convention, be treated as an industrial accident or an industrial disease if it would not have been so treated under any legislation or agreement having effect at the time of its occurrence or development. For the purpose of determining claims in accordance with this Convention, account shall be taken, where appropriate, of insurance periods and periods of residence, employment or presence, completed before the date of its entry into force.

(6) Paragraph (5) shall not confer any right to receive payment of benefit for any period before the date of entry into force of this Convention.

(7) For the purpose of paragraph (2) and for applying the first sentence of paragraph (5):

(a) any right to benefit may, at the request of the person concerned, be determined afresh in accordance with this Convention with effect from the date of its entry into force provided that the request has been made within two years of that date and, if applicable, benefit awarded at the higher rate from that date;

(b) where the request for the benefit to be determined afresh is made more than two years after the date of entry into force of this Convention payment of benefit, and the payment of any arrears, shall be made in accordance with the legislation concerned.

(8) No provision of this Convention shall diminish any rights or benefits which a person has properly acquired under the legislation of any part of either Party before the date of entry into force of this Convention.

ARTICLE 36 Prior Acquisition of rights—old Agreements replaced by new Convention— persons excluded from this convention

As regards persons who, by virtue of Article 2, are not covered by this Convention, the following provisions shall apply:

(a) any rights in course of acquisition under the earlier agreements before the date of entry into force of this Convention shall be determined in accordance with Regulation (EEC) 1408/71 and the Implementing Regulation;

(b) the earlier agreements shall remain applicable to any award of a benefit which was made under them prior to the date of entry into force of this Convention.

ARTICLE 37 Ratification

This Convention shall be ratified and the instruments of ratification shall be exchanged in London as soon as possible. The Convention shall enter into force on the first day of the third month following the month in which the instruments of ratification are exchanged.

ARTICLE 38 Life of the Convention

This Convention shall remain in force for an indefinite period. The Government of the United Kingdom of Great Britain and Northern Ireland or the Government of Ireland may denounce it at any time by giving 6 months' notice in writing to the other Party.

ARTICLE 39 Rights on termination of this Convention not replaced by another

In the event of the termination of this Convention and unless a new Convention containing provisions regulating the matter is made, any right to benefit acquired by a person in accordance with this Convention shall be maintained and negotiations shall take place for the settlement of any other rights then in course of acquisition by virtue of those provisions.

In witness whereof the undersigned, duly authorised by their respective Governments, have signed this Convention.

Done in duplicate at Dublin this fourteenth day of December 2004.

For the Government of the United Kingdom of Great Britain and Northern Ireland