The Social Security (Netherlands) Order (Northern Ireland) 2007

ARTICLE 16 N.I. Invalidity benefit

Commencement Information

I1 Schedule art. 16, in operation at 1.6.2007, see art. 1

(1) Where a person has been subject to the legislation of both Parties, the competent authority or the competent institution in the territory of the Party whose legislation was applicable when incapacity for work followed by invalidity began shall determine, in accordance with its legislation, whether the person concerned satisfied the conditions for entitlement to invalidity benefit taking account, where appropriate, of any insurance period which that person has completed under the legislation of the other Party as if it were an insurance period completed under its legislation.

(2) Where a person would be entitled to receive for the same incapacity and for the same period invalidity benefit under the legislation of both Parties, or invalidity benefit under the legislation of one Party and sickness benefit under the legislation of the other Party, including industrial injury benefit under the legislation of Guernsey, whether by virtue of this Convention or otherwise, he shall be entitled to receive only the invalidity benefit, sickness benefit, or industrial injury benefit, as the case may be, under the legislation of the Party in whose territory the incapacity began.

(3) Where a person is entitled to incapacity pension under the legislation of Jersey, only contribution periods completed, or deemed to be completed, under the legislation of Jersey shall be taken into consideration in the calculation of the rate of incapacity pension.