(1) For the purpose of determining entitlement under the legislation of the United Kingdom to an old age pension in accordance with Article 18 of this Convention or to survivors’ benefit in accordance with Article 20, each week of insurance under Norwegian legislation shall be treated as if it were a week for which a Class 3 contribution had been paid under the legislation of the United Kingdom, provided that these provisions shall apply in the case of a [F1married person or civil partner] only where [F2he or she] is claiming an old age pension by virtue of [F3his or her] own insurance completed under that legislation.
(2) For the purpose of determining entitlement under the legislation of the United Kingdom to death benefit as specified in Article 24 of this Convention, insurance periods completed under the legislation of Norway shall be treated as if they had been insurance periods completed under the legislation of the United Kingdom.
(3) For the purpose of determining entitlement under the legislation of the United Kingdom to any benefit specified in Articles 12 to 15 and Article 24 of this Convention, insurance periods completed as a self-employed or as a non-employed person under the legislation of Norway after 5th April 1975 shall be treated as if they had been insurance periods completed as a self-employed or as a non-employed person under the legislation of the United Kingdom.
(4) For the purpose of calculating an earnings factor for determining entitlement under the legislation of the United Kingdom to any benefit referred to in Articles 12 to 15 and Article 24 of this Convention, a person shall be treated for each week beginning in a relevant tax year commencing on or after 6th April 1975, any part of which week is a contribution period completed as an employed person under the legislation of Norway, as having paid a contribution as an employed earner on earnings equivalent to two-thirds of that year’s upper earnings limit.
(5) For the purpose of converting insurance periods completed under the legislation of the United Kingdom before 6th April 1975, each insurance period completed under the legislation of the United Kingdom shall be treated as if it had been an insurance period completed under the legislation of Norway.
(6) For the purpose of converting to an insurance period any earnings factor achieved in any tax year commencing on or after 6th April 1975 under the legislation of the United Kingdom, the competent authority of the United Kingdom shall divide the earnings factor by that year’s lower earnings limit. The result shall be expressed as a whole number, any remaining fraction being ignored. The figure so calculated, subject to a maximum of the number of weeks during which the person was subject to that legislation in that year, shall be treated as representing the number of weeks in the insurance period completed under that legislation.
(7) For the purpose of calculating under the legislation of Norway the amount of a person’s annual income in relation to a claim for unemployment benefit under the legislation of that Party, the person shall be treated as if he had an income amounting to four fifty-seconds (4/52) of the basic amount in respect of each complete week during which he had been employed as an employed person under the legislation of the United Kingdom and as having had an income of one fifty-second (1/52) of the basic amount in respect of each complete week for which he received benefit in respect of unemployment or incapacity for work under the legislation of the United Kingdom.
(8) Where it is not possible to determine accurately the periods of time in which certain insurance periods were completed under the legislation of one Party, such periods shall be treated as if they did not overlap with insurance periods completed under the legislation of the other Party, and they shall be taken into account to the best advantage of the beneficiary.
(9) For the purpose of calculating the appropriate contribution factor to establish entitlement to any benefit referred to in Articles 12 and 14 and Articles 16 to 25 of this Convention and provided under the legislation of Jersey, a person shall be treated:
(a)for each week in an insurance period completed under the legislation of Norway being a week in the relevant quarter as having paid contributions which derive a quarterly contribution factor of 0.077 for that quarter;
(b)for each week in an insurance period completed under the legislation of Norway being a week in the relevant year as having paid contributions which derive an annual contribution factor of 0.0193 for that year.
(10) For the purpose of converting to an insurance period, any contribution factor achieved under the legislation of Jersey the competent authority of the United Kingdom shall:
(a)in the case of a quarterly contribution factor multiply the factor achieved by a person in a quarter by thirteen, and
(b)in the case of an annual contribution factor multiply the factor achieved by a person in a year by fifty-two.
The result shall be expressed as a whole number, any remaining fraction being ignored. The figure so calculated, subject to a maximum of the number of working days during which the person was subject to that legislation in a quarter or in a year as the case may be, shall be treated as representing the number of weeks in the insurance period completed under that legislation.
Textual Amendments
F1Words in Sch. art. 10(1) substituted (5.12.2005) by Social Security (Reciprocal Agreements) Order 2005 (S.I. 2005/2765), arts. 1, 2, Schs. 1, 2.