The Social Security (Sweden) Order 1992

SCHEDULE NOTES EXCHANGED ON 20 OCTOBER 1992 BETWEEN THE SECRETARY OF STATE FOR FOREIGN AFFAIRS FOR THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELANDAND THE AMBASSADOR FOR SWEDEN IN LONDON

THE SECRETARY OF STATE FOR FOREIGN AFFAIRS FOR THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND TO THE AMBASSADOR FOR SWEDEN IN LONDON

INITIATING NOTE

30 September 1992

Your Excellency,

I have the honour to refer to the Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of Sweden, signed at Stockholm on 29 June 1987 (hereinafter referred to as “the Convention”) and to recent discussions between the Department of Social Security and the Ministry of Health and Social Security concerning the need to amend the Convention. Accordingly, I have the honour to propose that the following should be inserted in Article 1(1) of the Convention:

“(w) “Agreement” means the agreement dated 2 May 1992 and made between the European Community, its Member States and the European Free Trade Association States establishing the European Economic Area;

(x) “Regulation EEC 1408/71” means the Regulation (EEC) No1408/71 of the Council on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and includes amendments and adaptations from time to time applicable thereto;

(y) “Implementing Regulation” means the Regulation (EEC) No574/72 of the Council laying down the procedure for implementing Regulation (EEC) No1408/71 on the application of social security schemes to employed persons, to self-employed persons and to their families moving within the Community and includes amendments and adaptations from time to time applicable thereto;”

and that the following should be inserted as Article 3A into the Convention:

“Article 3A

(1) Subject to paragraph (2), this Convention (but not the Protocol thereto concerning medical treatment) shall as from the date of entry into force of the Agreement and as regards relations between England, Scotland, Wales, Northern Ireland and Sweden cease to apply to all persons to whom the provisions of Regulation EEC 1408/71 and the Implementing Regulation are at that date or subsequently become applicable. Any rights in course of acquisition under this Convention immediately before the date of entry into force of the Agreement shall as regards persons to whom the Convention is disapplied by the provisions of this paragraph be determined in accordance with the provisions of those Regulations.

(2) The provisions of this Convention shall continue to apply to:

(a) any award of a benefit, pension or allowance made prior to the date upon which the Agreement comes into force;

(b) any claim to a benefit, pension or allowance made but not determined at the date upon which the Agreement comes into force;

(c) any claim to a benefit, pension or allowance made after the date the Agreement comes into force but only where that claim relates to entitlement to such benefit, pension or allowance for a period prior to the date upon which the Agreement comes into force.”

If the foregoing is acceptable to the Government of the Kingdom of Sweden, I have the honour to propose that this Note and your reply to that effect shall constitute an Agreement between our two Governments which shall enter into force on 31 December 1992.

I avail myself of this opportunity to renew to your Excellency the assurance of my highest consideration.

MARCUS L. H. HOPE For the Secretary of State

THE AMBASSADOR FOR SWEDEN IN LONDON TO THE SECRETARY OF STATE FOR FOREIGN AFFAIRS FOR THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

REPLY NOTE

20 October 1992

Sir,

I have the honour to acknowledge receipt of your Note of 30 September 1992 which reads as follows:

• (the Note here sets out the text of the U.K. Note)

I have the honour to inform you that the foregoing is acceptable to the Government of the Kingdom of Sweden who therefore agree that your Note and this reply shall constitute an Agreement between our two Governments in this matter, which shall enter into force on 31 December 1992.

I avail myself of this opportunity to renew to you the assurance of my highest consideration.

LENNART ELKERBERG Ambassador for Sweden in London