The Social Security (Jersey and Guernsey) Order (Northern Ireland) 1994

1. Introductory Text

2. 1. Citation and commencement

3. 2. Modification of the Contributions and Benefits Act and the Administration Act

4. 3. Revocation and amendment of regulations and orders

5. Signature

6. 1. SCHEDULE

      AGREEMENT ON SOCIAL SECURITY BETWEEN THE SECRETARY OF STATE FOR SOCIAL SECURITY, THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES FOR NORTHERN IRELAND AND THE LIEUTENANT-GOVERNOR OF THE ISLE OF MAN, WITH THE ADVICE AND CONSENT OF THE ISLE OF MAN DEPARTMENT OF HEALTH AND SOCIAL SECURITY, OF THE FIRST PART, THE SOCIAL SECURITY COMMITTEE, WITH THE CONSENT OF THE STATES OF JERSEY, OF THE SECOND PART, AND THE GUERNSEY SOCIAL SECURITY AUTHORITY, WITH THE CONSENT OF THE STATES OF GUERNSEY, OF THE THIRD PART

      1. PART I GENERAL PROVISIONS

         1. ARTICLE I Definitions

            1. 1. For the purpose of this Agreement, except where the context...

            2. 2. Other words and expressions which are used in this Agreement...

            3. 3. Any reference in this Agreement to “Article” means an Article...

         2. ARTICLE 2 Scope of Legislation

            1. 1. This Agreement shall apply, (a) in relation to the United...

            2. 2. Subject to paragraphs (3) and (4), this Agreement shall apply...

            3. 3. This Agreement shall apply, unless the Parties agree otherwise, only...

            4. 4. This Agreement shall not apply to legislation on social security...

         3. ARTICLE 3 Equal Treatment

         4. ARTICLE 4 Refugees and Stateless Persons

         5. ARTICLE 5 Provisions for the Export of Benefit

            1. 1. Subject to Articles 15, 17 to 26 and 34, a...

            2. 2. Subject to Article 13(3), (4) and (6), a person who...

            3. 3. Subject to Article 13(3), (5) and (6), a person who...

            4. 4. Subject to Article 13(3), (5) and (6), a person who...

            5. 5. Where, under the legislation of one Party, an increase of...

      2. PART II PROVISIONS WHICH DETERMINE, THE LEGISLATION APPLICABLE CONCERNING CONTRIBUTION LIABILITY

         1. ARTICLE 6 General Provisions

            1. 1. Subject to paragraphs (2) to (13) and Articles 7 to...

            2. 2. Where a person is employed in the territory of more...

            3. 3. Where a person is self-employed in the territory of more...

            4. 4. Where a person is employed in the territory of one...

            5. 5. No provision of this Article shall affect a person’s liability...

            6. 6. Where a person is not gainfully employed, any liability for...

            7. 7. Where, but for this paragraph, a person would be entitled...

            8. 8. Where under Articles 7, 8(a) or (b), or 9(2), a...

            9. 9. Where a person is gainfully employed in the territory of...

            10. 10. A person who is entitled to receive sickness benefit, maternity...

            11. 11. A person who is entitled to receive widow’s benefit under...

            12. 12. A woman who is entitled to receive widow’s benefit under...

            13. 13. For the purpose of determining whether a person is entitled...

         2. ARTICLE 7 Detached Workers

         3. ARTICLE 8 Travelling Personnel

         4. ARTICLE 9 Mariners and others Employed on Board a Ship or Vessel

            1. 1. Subject to paragraphs (2) to (4), where a person is...

            2. 2. Where a person who is insured under the legislation of...

            3. 3. Where a person who is not normally employed at sea...

            4. 4. Where a person who is ordinarily resident in the territory...

         5. ARTICLE 10 Government Servants

         6. ARTICLE 11 Modification Provisions

      3. PART III SPECIAL PROVISIONS

         1. ARTICLE 12 Conversion Formulae for Contributions

            1. 1. For the purpose of calculating entitlement under the legislation of...

            2. 2. For the purpose of calculating entitlement under the legislation of...

            3. 3. Subject to paragraph (4), for the purpose of calculating an...

            4. 4. For the purpose of calculating entitlement to additional pension under...

            5. 5. For the purposes of the calculation in Article 18(2), where...

            6. 6. For the purpose of calculating the appropriate contribution factor to...

            7. 7. For the purpose of calculating entitlement to any benefit in...

            8. 8. For the purpose of converting to a contribution period any...

            9. 9. For the purpose of converting to a contribution period any...

            10. 10. For the purpose of converting insurance periods completed under the...

      4. PART IV BENEFIT PROVISIONS

         1. SECTION I Provisions for Sickness, Maternity, Invalidity and Unemployment

            1. ARTICLE 13 Sickness Benefit and Maternity Allowance

               1. 1. Where a person has, since his last arrival in the...

               2. 2. Where a person is employed in the territory of one...

               3. 3. Subject to paragraph (5), where a person would be entitled...

               4. 4. Subject to paragraph (5), where a person would, if he...

               5. 5. Nothing in this Article shall permit the payment of statutory...

               6. 6. Where a person who is resident in the territory of...

               7. 7. Where, but for this paragraph, a person would be entitled...

            2. ARTICLE 14 Maternity Grant under the Legislation of Jersey and Guernsey

               1. 1. In this Article “Party” means Jersey or Guernsey, as the...

               2. 2. For the purpose of a claim to maternity grant under...

               3. 3. Whereawomanwouldbeentitledtoarnatemitygrantunderthelegislationofboth Parties in respect of the same confinement, whether by...

               4. 4. Where a woman would not be entitled to a maternity...

            3. ARTICLE 15 Invalidity Benefit

            4. ARTICLE 16 Unemployment Benefit under the Legislation of the United Kingdom And Guernsey

               1. 1. In this Article “Party” means the United Kingdom or Guernsey,...

               2. 2. Where a person has, since his last arrival in the...

               3. 3. Where paragraph (2) applies, any unemployment benefit paid to a...

               4. 4. Periods of employment in the territory of one Party shall...

               5. 5. This Article shall not apply to a person who claims...

         2. SECTION 2 Retirement Pension and Widow’s Benefit

            1. ARTICLE 17 General Provisions

               1. 1. Subject to paragraphs (2) to (4), where a person is...

               2. 2. Notwithstanding paragraph (1), a person entitled to a Category B...

               3. 3. Notwithstanding paragraph (1), a married woman entitled to a retirement...

               4. 4. Entitlement to a retirement pension in the circumstances referred to...

            2. ARTICLE 18 Pro-rata Pensions

               1. 1. Subject to Articles 17 and 19 to 21, this Article...

               2. 2. In accordance with Article 12, the competent authority of any...

               3. 3. For the purpose of the calculation in paragraph (2), where...

               4. 4. Insurance periods under paragraph (3) shall be treated as follows:...

               5. 5. Where no pension is, or would be, payable under paragraph...

               6. 6. Any increase of benefit payable under the legislation of the...

            3. ARTICLE 19 Insurance Periods to be taken into Account

            4. ARTICLE 20 Overlapping Periods

            5. ARTICLE 21 Benefits to be Excluded

            6. ARTICLE 22 Non-simultaneous Entitlement

            7. ARTICLE 23 Widow’s Benefit

               1. 1. Articles 17 to 22 shall also apply, with such modifications...

               2. 2. Where widow’s benefit would be payable under the legislation of...

         3. SECTION 3 Benefits for Industrial Accidents and Industrial Diseases

            1. ARTICLE 24 General Provisions

               1. 1. Where a person is employed in the territory of one...

               2. 2. Where a person leaves the territory of one Party to...

               3. 3. Where, because of a death resulting from an industrial accident...

            2. ARTICLE 25 Dual Attribution and Aggravation of an Industrial Disease

               1. 1. In this Article “Party” means the United Kingdom or Guernsey,...

               2. 2. Subject to paragraph i(3), where a person contracts an industrial...

               3. 3. Where a person has suffered an aggravation of an industrial...

            3. ARTICLE 26 Dual Entitlement

         4. SECTION 4 Family Benefits

            1. ARTICLE 27 Orphan’s Benefit under the Legislation of the United Kingdom and Guernsey

               1. 1. In this Article “Party” means the United Kingdom or Guernsey,...

               2. 2. For the purpose of any claim for orphan’s benefit under...

               3. 3. For the purpose of any claim for orphan’s benefit under...

               4. 4. Where orphan’s benefit would be payable to a person under...

               5. 5. Where, but for this paragraph, a person would be entitled...

            2. ARTICLE 28 Child Benefit

               1. 1. Subject to paragraph (6), where a person is present or...

               2. 2. Where a person is resident in the territory of one...

               3. 3. Where a person is resident in the territory of one...

               4. 4. Where, but for this paragraph, child benefit would be payable...

               5. 5. Subject to paragraph (1), a person who claims child benefit...

               6. 6. Child benefit shall not be payable under the legislation of...

               7. 7. For the purpose of any claim to child benefit under...

         5. SECTION 5 Attendance Benefit and Death Grant

            1. ARTICLE 29 Attendance Benefit

               1. 1. For the purpose of determining entitlement to attendance benefit under...

               2. 2. Where, but for this paragraph, a person would be entitled...

            2. ARTICLE 30 Death Grant under the Legislation of Jersey or Guernsey

               1. 1. In this Article “Party” means Jersey or Guernsey, as the...

               2. 2. For the purpose of any claim to death grant under...

               3. 3. Where a person dies in the territory of either Party...

               4. 4. Where there would be entitlement to death grant under the...

      5. PART V MISCELLANEOUS PROVISIONS

         1. ARTICLE 31 Recovery of Advance Payments and Overpayments of Benefit

         2. ARTICLE 32 Arrangements for Administration and Co-operation

            1. 1. The competent authorities of the Parties shall establish the administrative...

            2. 2. The competent authorities of the Parties shall communicate to each...

            3. 3. The competent authorities of the Parties shall establish liaison offices...

            4. 4. The competent authorities of the Parties shall assist one another...

            5. 5. Where any benefit is payable under the legislation of one...

            6. 6. Where a person who is in the territory of one...

            7. 7. A medical board appointed by the competent authority of any...

            8. 8. Where the legislation of one Party provides that any certificate...

            9. 9. No certificate, document or statement of any kind written in...

            10. 10. Unless disclosure is required under the legislation of a Party,...

         3. ARTICLE 33 Submission of Claim or Appeal

            1. 1. Any claim or appeal which should, for the purposes of...

            2. 2. Any claim to benefit submitted under the legislation of one...

         4. ARTICLE 34 Method of Payment

         5. ARTICLE 35 Resolution of Disputes

            1. 1. The competent authorities of the Parties to this Agreement shall...

            2. 2. If any dispute cannot be resolved as in paragraph (1)...

            3. 3. The decision of the arbitration tribunal, which shall be binding...

      6. PART VI TRANSITIONAL AND FINAL PROVISIONS

         1. ARTICLE 36 Prior Acquisition of Rights — Former Agreement Replaced by this Agreement

            1. 1. Upon the entry into force of this Agreement the former...

            2. 2. Any right to benefit acquired by a person in accordance...

            3. 3. Any rights in course of acquisition under the former Agreements...

            4. 4. Where, from the date of entry into force of this...

            5. 5. Benefit, other than lump sum payments, shall be payable in...

            6. 6. Paragraph (5) shall not confer any right to receive payment...

            7. 7. For the purpose of applying the first sentence of paragraph...

            8. 8. No provision of this Agreement shall diminish any rights or...

         2. ARTICLE 37 Coming into Force and Life of the Agreement

         3. ARTICLE 38 Rights on Termination of this Agreement not Replaced by Another

7. Explanatory Note