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

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Part IIISpecial Provisions

Section 3Sickness and Maternity Benefits

Article 12

(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 made under the legislation of that Party, any insurance period, or period of employment or self-employment completed under the legislation of the other Party shall, in accordance with the provisions of Article 10 of this Convention, be treated as if it were respectively an insurance period, or period of employment or self-employment completed under the legislation of the former Party.

(2) Where the legislation of one Party applies to a person in accordance with any of the provisions of Articles 5 to 9 of this Convention, he shall be treated under that legislation for the purpose of any claim to sickness benefit as if he were in the territory of that Party.

(3) Where a person would be entitled to receive sickness benefit or satisfies the contribution conditions governing entitlement to sickness benefit under the legislation of one Party if he were in the territory of that Party he shall be entitled to receive that benefit while he is in the territory of the other Party if:

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

(b)he is authorised by the competent authority of the United Kingdom or the insurance authority of Norway to return to the territory of the Party where he resides or to transfer his residence to the territory of the other Party.

(4) For the purpose of applying the provisions of this Article under the legislation of Norway, a “contribution period” shall mean that the person has commenced remunerative work.

Article 13

(1) For the purpose of any claim for maternity allowance made under the legislation of one Party, any insurance period or period of employment or self-employment completed under the legislation of the other Party shall, in accordance with the provisions of Article 10 of this Convention, be treated as if it were respectively an insurance period, or period of employment or self-employment completed under the legislation of the former Party.

(2) Where the legislation of one Party applies to a person in accordance with any of the provisions of Articles 5 to 9 of this Convention, he shall be treated under that legislation for the purpose of any claim to maternity allowance as if he were in the territory of that Party.

(3) Where a person would be entitled to receive maternity allowance or satisfies the contribution conditions governing entitlement to maternity allowance under the legislation of one Party if he were in the territory of that Party he shall be entitled to receive that benefit while he is in the territory of the other Party.

Article 14

Where, but for the provisions of this Article, a person would be entitled to receive sickness benefit or maternity allowance (including United Kingdom statutory sick pay or statutory maternity pay) under the legislation of both Parties for the same period whether by virtue of this Convention or otherwise that benefit or allowance shall be granted only under the legislation under which the person was last insured before entitlement arose. Nothing in this Article shall allow for the payment of United Kingdom statutory sick pay or statutory maternity pay outside the territory of the United Kingdom.

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