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The Social Security (Jersey and Guernsey) Order 1994

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This is the original version (as it was originally made).

Article 5Provisions for the Export of Benefit

(1) Subject to Articles 15, 17 to 26 and 34, a person who would be entitled to receive a retirement pension, widow’s benefit or invalidity benefit or any pension or benefit payable in respect of an industrial accident or industrial disease under the legislation of one Party if he were in the territory of that Party shall be entitled to receive that pension or benefit while he is in the territory of any other Party, as if he were in the territory of the former Party.

(2) Subject to Article 13 (3), (4) and (6), a person who continues to be entitled to receive sickness benefit under the legislation of the United Kingdom while he is in Jersey or Guernsey may, after having received, or been deemed to have received, 168 days sickness benefit, become entitled to receive invalidity benefit under the legislation of the United Kingdom while he is in Jersey or Guernsey, provided that he continues to satisfy the insurance authority of the United Kingdom that he remains incapable of work.

(3) Subject to Article 13 (3), (5) and (6), a person who continues to be entitled to receive sickness benefit under the legislation of Jersey while he is in the United Kingdom or Guernsey may, after having received, or been deemed to have received, 364 days sickness benefit, become entitled to receive invalidity benefit under the legislation of Jersey while he is in the United Kingdom or Guernsey, provided that he continues to satisfy the insurance authority of Jersey that he remains incapable of work.

(4) Subject to Article 13 (3), (5) and (6), a person who continues to be entitled to receive sickness benefit or industrial injury benefit under the legislation of Guernsey while he is in the United Kingdom or Jersey may, after having received, or been deemed to have received, 156 days sickness benefit or industrial injury benefit, become entitled to receive invalidity benefit under the legislation of Guernsey while he is in the United Kingdom or Jersey, provided that he continues to satisfy the insurance authority of Guernsey that he remains incapable of work.

(5) Where, under the legislation of one Party, an increase of any of the benefits for which specific provision is made in this Agreement would be payable for a dependant if he were in the territory of that Party, it shall be payable while he is in the territory of any other Party.

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