The Social Security (Sweden) Order 1988

PART II U.K. provisions which determine the legislation applicable

Article 5 U.K.

(1) Subject to the following provisions of this Article and the provisions of Articles 6 to 9 of this Convention, where a person is gainfully occupied, his liability to be insured shall be determined under the legislation of the State in whose territory he is so occupied. Where a person is gainfully occupied in the territories of both States, he shall be liable to be insured in each territory in respect of his gainful occupation in that territory.

(2) Where a person is not gainfully occupied, any liability to be insured shall be determined under the legislation of Sweden if he is resident there or under the legislation of the territory of the United Kingdom if he is ordinarily resident in that territory.

Article 6 U.K.

(1) Where a person, who is insured under the legislation of one State and is employed by an employer in the territory of that State, is sent by that employer to work in the territory of the other State, the legislation of the former State shall continue to apply to him as if he were employed in the territory of that State provided that the employment in the territory of the latter State is not expected to last for more than twelve months. Where, for unforeseen reasons, his employment in the territory of the latter State continues after such a period of twelve months, the legislation of the former State shall continue to apply to him for a further period of not more than twelve months, provided that the competent authority of the latter State agrees thereto before the end of the first period of twelve months.

(2) The following provisions shall apply to any person employed as a member of the travelling personnel of an undertaking engaged in the transport of passengers or goods by road or air, whether for another undertaking or on its own account:

(a) subject to the provisions of sub-paragraphs (b) and (c) of this paragraph, where a person is employed by an undertaking which has its principal place of business in the territory of one State, the legislation of that State shall apply to him, even if he is resident in the territory of the other State;

(b) subject to the provisions of sub-paragraph (c) of this paragraph, where the undertaking has a branch or agency in the territory of one State and a person is employed by that branch or agency the legislation of that State shall apply to him;

(c) where a person is resident in the territory of one State and is employed in that territory, the legislation of that State shall apply to him, even if the undertaking which employs him does not have its principal place of business or any branch or agency in that territory.

(3) A person, who is subject to Swedish legislation under the provisions of this Article, shall for such purposes be considered to be resident in Sweden.

Article 7 U.K.

(1) Subject to the provisions of paragraphs (2) and (3) of this Article, where a person is employed on board any ship or vessel of one State, the legislation of that State shall apply to him as if any conditions relating to residence were satisfied in his case, provided that he is a national of either State.

(2) Where a person, who is insured under the legislation of one State and employed in the territory of that State or on board any ship or vessel of that State, is sent by an employer in the territory of that State to work on board a ship or vessel of the other State, the legislation of the former State shall continue to apply to him provided that his employment on board the ship or vessel of the latter State is not expected to last for a period of more than twelve months. Where, for unforeseen reasons, his employment on board the ship or vessel of the latter State continues after such period of twelve months, the legislation of the former State shall continue to apply to him for a further period of not more than twelve months, provided that the competent authority of the latter State agrees thereto before the end of the first period of twelve months.

(3) Where a person, who is resident in the territory of one State and employed on board any ship or vessel of the other State, is paid remuneration in respect of that employment by a person who is resident in, or by an undertaking which has its principal place of business in the territory of the former State, the legislation of the former State shall apply to him as if the ship or vessel were a ship or vessel of the former State, and the person or undertaking by whom the remuneration is paid shall be treated as the employer for the purposes of such legislation.

Article 8 U.K.

(1) This Convention does not affect the provisions of the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations as far as they concern the legislation mentioned in paragraphs (1) and (2) of Article 2.

(2) Subject to the provisions of Articles 6 and 7 and of paragraph (1) of this Article, where any person, who is in the Government Service of one State or in the service of any public corporation of that State, is employed in the territory of the other State, the legislation of the former State concerning liability to be insured shall apply to him as if he were employed in its territory, if this is agreed between the competent authorities in accordance with Article 9.

Article 9 U.K.

(1) The competent authorities of the two States may agree to modify the provisions of Articles 5 to 8 of this Convention in respect of particular persons or categories of persons.

(2) The provisions of Article 6 paragraph (3) shall apply, mutatis mutandis, to cases referred to in this Article.