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The Social Security (Norway) Order (Northern Ireland) 1991

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Part IIISpecial Provisions

Section 6Old Age Pension and Survivors' Benefit

Article 17

(1) Where a person is entitled to a basic old age pension (other than the basic component of a Category B retirement pension payable to a married woman under the legislation of the United Kingdom by virtue of the contributions of her husband) under the legislation of one Party or under the legislation of any one part of the territory of a Party otherwise than by virtue of the provisions of this Convention, that pension shall be payable and the provisions of Article 18 of this Convention shall not apply under that legislation.

(2) For the purpose of determining entitlement to:

(a)supplementary pension under the legislation of Norway, no account shall be taken of any contribution period completed under the legislation of the United Kingdom;

(b)additional pension payable under the legislation of the United Kingdom, no account shall be taken of any contribution period completed under the legislation of Norway;

and for the purposes of this Article and Article 18 of this Convention, supplementary pension under Norwegian legislation and additional pension under United Kingdom legislation shall be treated as separate benefits to which the provisions of Article 18 do not apply.

Article 18

(1) Where a person is not entitled to an old age pension under the legislation of one Party or the legislation of any one part of the territory of a Party, but has completed an insurance period under the legislation of that Party of at least one year, any insurance period which he has completed under the legislation of the other Party shall be treated as if it were an insurance period completed under the legislation of the former Party for the purposes of determining his entitlement to an old age pension under the legislation of the former Party. The amount of the pension shall be calculated in accordance with paragraphs (2) to (7) of this Article.

(2) In accordance with the provisions of Article 10 of this Convention, the insurance authority of the United Kingdom or of one part of the territory of the United Kingdom shall determine:

(a)the amount of theoretical pension which would be payable if all the insurance periods completed by that person under the legislation of both Parties had been completed under its own legislation;

(b)the proportion of such theoretical pension which bears the same relation to the whole as the total of the insurance periods completed by him under the legislation of that Party bears to the total of all the insurance periods which he has completed under the legislation of both Parties.

  • The proportionate amount thus calculated shall be the rate of pension actually payable to that person by the competent institution of the United Kingdom.

(3) Subject to the provisions of paragraph (6) of this Article, for the purpose of calculating old age pension payable under the legislation of Norway, the insurance authority of Norway shall take account only of periods of insurance completed under the legislation of Norway and shall determine the amount of pension which bears the same relation to the full standard rate of pension as the periods of insurance taken into account bear to the periods of insurance which are required to achieve the full standard rate of pension under that legislation. The proportionate amount thus calculated shall be the rate of pension actually payable to that person under the legislation of Norway.

(4) For the purposes of the calculation in paragraphs (2) and (3) of this Article, “pension” shall include any increase of benefit payable in respect of a dependent child.

(5) For the purpose of applying the provisions of paragraph (2) of this Article:

(a)the insurance authority of the United Kingdom shall take account only of insurance periods (completed under the legislation of either Party) which would be taken into account for the determination of pensions under the legislation of the United Kingdom if they were completed under that legislation, and, in relation to a woman, shall where appropriate take into account in accordance with that legislation insurance periods completed by her husband;

(b)no account shall be taken of any graduated contributions paid under the legislation of the United Kingdom before 6th April 1975 and the amount of any graduated benefit payable by virtue of such contributions shall be added to the amount of any pension payable in accordance with paragraph (2) of this Article under that legislation;

(c)no account shall be taken of any invalidity allowance payable under the legislation of the United Kingdom, but the amount of any invalidity allowance shall be added to the amount of any pension payable in accordance with paragraph (2) of this Article;

(d)no account shall be taken under the legislation of the United Kingdom of any increase of benefit payable under that legislation by virtue of deferred retirement, but any such increase of benefit payable under that legislation shall be added to any benefit payable under that legislation which has been calculated under paragraph (2) of this Article.

(6) For the purpose of applying the provisions of this Article under the legislation of Norway the provisions of Article 16(5) of this Convention shall apply.

(7) Where a compulsory insurance period completed under the legislation of Norway coincides with a voluntary insurance period completed under the legislation of the United Kingdom, for the purposes of applying paragraph (2) of this Article the United Kingdom shall take account only of the compulsory insurance period. However, the pension so calculated shall be increased by the amount by which the pension payable under the United Kingdom legislation would have been increased if all voluntary contributions paid under United Kingdom legislation had been taken into account.

Article 19

Where a person does not simultaneously satisfy the conditions for entitlement to an old age pension under the legislation of both Parties, his entitlement under the legislation of one Party shall be established as and when he satisfies the conditions laid down by the legislation of that Party. The provisions of Article 18 of this Convention shall be applied where there is otherwise no entitlement under the provisions of Article 17 of this Convention to an old age pension under the legislation of that Party and his entitlement shall be determined afresh when the conditions under the legislation of the other Party are satisfied.

Article 20

(1) The provisions contained in Articles 17 to 19 of this Convention shall apply, with such modifications as the differing nature of the benefits shall require, to survivors' benefit.

(2) Where a person is entitled to basic survivors' pension under Norwegian legislation, the rate of the pension shall be calculated on the basis of the actual period of insurance completed under Norwegian legislation and the future insurance period in the same proportion as the actual insurance period bears to the full Norwegian insurance period of forty years.

(3) Where a person would be entitled to receive basic survivors' pension under the Norwegian legislation without recourse to this Convention, and that pension would be higher than the total of pensions payable under the legislation of both Parties by virtue of this Convention, that person shall be entitled to receive a supplement equal to the difference between the pension payable under Norwegian legislation and the total of the pensions payable under the legislation of both Parties by virtue of this Convention. Apart from changes caused by the regular revisions of the National Insurance basic amount, this supplement shall only be recalculated if a new decision concerning the pension is made under the legislation of either Party.

(4) A survivors' pension payable under Norwegian legislation shall be converted into an old age pension when the person reaches the general retirement age. The amount of the old age pension shall at least correspond to the amount of the survivors' pension calculated in accordance with paragraphs (1) and (2) of this Article. However, to the extent that future insurance periods taken into account for calculating a survivors' pension under Norwegian legislation coincide with periods on the basis of which a pension has been calculated under the legislation of the United Kingdom, these coinciding periods shall not be taken into account for the calculation of an old age pension under Norwegian legislation.

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