The Social Security (Jersey and Guernsey) Order 1994

Article 13 Sickness Benefit and Maternity Allowance

(1) Where a person has, since his last arrival in the territory of one Party, completed a contribution period under the legislation of that Party, then for the purpose of any claim for sickness benefit or maternity allowance made under the legislation of that Party, an insurance period completed under the legislation of any other Party shall be treated in accordance with Article 12 as if it were an insurance period completed under the legislation of the former Party.

(2) Where a person is employed in the territory of one Party and the legislation of any other Party applies to him in accordance with any of the provisions of Articles 6 to 11, he shall be treated under that legislation for the purpose of any claim to sickness benefit or maternity allowance as if he were in the territory of that other Party.

(3) Subject to paragraph (5), where a person would be entitled to receive sickness benefit or maternity allowance under the legislation of one Party if he were in the territory of that Party, he shall be entitled to receive that sickness benefit or maternity allowance while he is in the territory of any other Party if:

(a) his condition necessitates immediate treatment during a stay in the territory of that Party and within six days of commencement of incapacity for work, or such longer period as the competent authority may allow, he submits to the competent authority of the former Party a claim for benefit and documentary evidence of incapacity for work issued by the doctor treating him; or

(b) having claimed and become entitled to sickness benefit or maternity allowance under the legislation of the former Party he is authorised by the competent authority of that Party to return to the territory of any other Party where he resides, or to transfer his residence to the territory of any other Party; or

(c) having claimed and become entitled to sickness benefit or maternity allowance under the legislation of the former Party he is authorised by the competent authority of that Party to go to the territory of any other Party to receive there treatment for his condition.

The authorisation required in accordance with sub-paragraph (b) may be refused only if it is established that movement of the person concerned would be prejudicial to his state of health, or to the receipt of medical treatment.

(4) Subject to paragraph (5), where a person would, if he were in Great Britain or Northern Ireland, be entitled to receive statutory sick pay or statutory maternity pay under the legislation of Great Britain or Northern Ireland, he shall, provided that he satisfies all the conditions for entitlement to, and payment of, sickness benefit or maternity allowance under the legislation of Great Britain or Northern Ireland, with the exception of any conditions as to residence and presence in Great Britain or Northern Ireland, be entitled to receive that sickness benefit or maternity allowance while he is in the territory of any other Party if:

(a) his condition necessitates immediate treatment during a stay in the territory of any other Party and within six days of commencement of incapacity for work, or such longer period as the competent authority or insurance authority may allow, he submits to the competent authority or insurance authority of Great Britain or Northern Ireland a claim for benefit and documentary evidence of incapacity for work issued by the doctor treating him; or

(b) having become entitled to statutory sick pay or statutory maternity pay under the legislation of Great Britain or Northern Ireland, he is authorised by the competent authority of Great Britain or Northern Ireland to return to the territory of any other Party where he resides, or to transfer his residence to the territory of any other Party; or

(c) having become entitled to statutory sick pay or statutory maternity pay under the legislation of Great Britain or Northern Ireland he is authorised by the competent authority of Great Britain or Northern Ireland to go to the territory of any other Party to receive there treatment for his condition.

The authorisation required in accordance with sub-paragraph (b) may be refused only if it is established that movement of the person concerned would be prejudicial to his state of health, or to the receipt of medical treatment.

(5) Nothing in this Article shall permit the payment of statutory sick pay or statutory maternity pay outside Great Britain or Northern Ireland.

(6) Where a person who is resident in the territory of one Party claims but is not entitled to receive sickness benefit or maternity allowance under the legislation of that Party but would be entitled to receive sickness benefit or maternity allowance under the legislation of any other Party if he were in the territory of that Party, he shall be entitled to receive that sickness benefit or maternity allowance while he is in the territory of the former Party provided that, since his last arrival in the territory of that Party, he has not completed a contribution period under its legislation.

(7) Where, but for this paragraph, a person would be entitled to receive for the same period, whether by virtue of this Agreement, or otherwise:

(a) sickness benefit, including industrial injury benefit under the legislation of Guernsey, or maternity allowance under the legislation of more than one Party, or

(b) statutory sick pay or statutory maternity pay under the legislation of Great Britain or Northern Ireland, and sickness benefit or maternity allowance under the legislation of any other Party,

that benefit, allowance or payment shall be granted only under the legislation under which the person was last insured before entitlement arose.