The Social Security (Cyprus) Order 1994

(E) Article 12 shall be amended as follows:

(a) in paragraph (1) the words from the beginning of that paragraph to the word “Party” in the second line thereof shall be replaced by the following words:

“Where a person has completed a contribution period under the legislation of one Party since his last arrival in the territory of that Party, or, as the case may be, in the Sovereign Base Areas,”;

(b) in paragraph (4)

(i) at the end of the opening paragraph, after the word “Party”, the following words shall be inserted:

“or in the Sovereign Base Areas”;

(ii) in sub-paragraph (a) after the word “Party” where it is first mentioned the following words shall be inserted:

“or in the Sovereign Base Areas”;

(iii) at the end of sub-paragraph (b) the following words shall be inserted before the semi-colon:

“or, to return to the Sovereign Base Areas where he resides, or to transfer his residence to the Sovereign Base Areas”;

(iv) in sub-paragraph (c) after the word “Party” where it is mentioned the second time the words “or to the Sovereign Base Areas” shall be inserted;

(c) after paragraph (4) the following paragraph shall be inserted:

“(4A) Subject to the provisions of paragraphs (5) and (6) of this Article, where a person would, if he were in Great Britain or Northern Ireland, be entitled to statutory sick pay or statutory maternity pay under the legislation of Great Britain or Northern Ireland, he shall, provided that he satisfies all the conditions for entitlement to and payment of sickness benefit or maternity allowance under the legislation of Great Britain or Northern Ireland, with the exception of any conditions as to residence and presence in Great Britain or Northern Ireland, be entitled to that benefit or allowance while he is in the territory of Cyprus or in the Sovereign Base Areas, if:

(a) his condition necessitates immediate treatment during a stay in the territory of Cyprus, or in the Sovereign Base Areas and, within six days of commencement of incapacity for work, or such longer period as the competent authority or insurance authority may allow, he submits to the competent authority or insurance authority of Great Britain or Northern Ireland a claim for benefit and documentary evidence of incapacity for work issued by the doctor treating him; or

(b) having become entitled to statutory sick pay or statutory maternity pay under the legislation of Great Britain or Northern Ireland, he is authorised by the competent authority of Great Britain or Northern Ireland to return to the territory of Cyprus, where he resides, or to transfer his residence to the territory of Cyprus, or to return to the Sovereign Base Areas where he resides, or to transfer his residence to the Sovereign Base Areas; or

(c) he is authorised by the competent authority of Great Britain or Northern Ireland to go to the territory of Cyprus or to the Sovereign Base Areas, to receive there the treatment appropriate to his condition.

The authorisation required in accordance with sub-paragraph (b) of this paragraph may be refused only if it is established that movement of the person concerned would be prejudicial to his state of health, or to the receipt of medical treatment.”;

(d) at the end of paragraph (5) before the full stop the following words shall be inserted:

“or, where the incapacity began in the Sovereign Base Areas, under the legislation which applied to him at the time the incapacity began”;

(e) at the end of paragraph (6) before the full stop the following words shall be inserted:

“and where she was in the Sovereign Base Areas at the beginning of that period she shall be treated as if she was in the territory of the Party whose legislation applied to her at that time.”;

(f) after paragraph (6) the following paragraph shall be inserted:

“(7) Nothing in this Article shall permit the payment of statutory sick pay or statutory maternity pay outside the territory of the United Kingdom.”.