Search Legislation

Advanced Search

The Social Security (Jersey and Guernsey) Order (Northern Ireland) 1994

What Version

Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). Northern Ireland Statutory Rules are not carried in their revised form on this site.

  2. Introductory Text

    3. 1.Citation and commencement

  3. 2.Modification of the Contributions and Benefits Act and the Administration Act

  4. 3.Revocation and amendment of regulations and orders

  5. Signature

    1. SCHEDULE

      AGREEMENT ON SOCIAL SECURITY BETWEEN THE SECRETARY OF STATE FOR SOCIAL SECURITY, THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES FOR NORTHERN IRELAND AND THE LIEUTENANT-GOVERNOR OF THE ISLE OF MAN, WITH THE ADVICE AND CONSENT OF THE ISLE OF MAN DEPARTMENT OF HEALTH AND SOCIAL SECURITY, OF THE FIRST PART, THE SOCIAL SECURITY COMMITTEE, WITH THE CONSENT OF THE STATES OF JERSEY, OF THE SECOND PART, AND THE GUERNSEY SOCIAL SECURITY AUTHORITY, WITH THE CONSENT OF THE STATES OF GUERNSEY, OF THE THIRD PART

      1. PART I GENERAL PROVISIONS

        1. ARTICLE I

          Definitions

          1. 1.For the purpose of this Agreement, except where the context...

          2. 2.Other words and expressions which are used in this Agreement...

          3. 3.Any reference in this Agreement to “Article” means an Article...

        2. ARTICLE 2

          Scope of Legislation

          1. 1.This Agreement shall apply, (a) in relation to the United...

          2. 2.Subject to paragraphs (3) and (4), this Agreement shall apply...

          3. 3.This Agreement shall apply, unless the Parties agree otherwise, only...

          4. 4.This Agreement shall not apply to legislation on social security...

        3. ARTICLE 3

          Equal Treatment

          1. A person, together with his dependents and survivors, who is,...

        4. ARTICLE 4

          Refugees and Stateless Persons

          1. This Agreement shall apply to refugees and stateless persons who...

        5. ARTICLE 5

          Provisions for the Export of Benefit

          1. 1.Subject to Articles 15, 17 to 26 and 34, a...

          2. 2.Subject to Article 13(3), (4) and (6), a person who...

          3. 3.Subject to Article 13(3), (5) and (6), a person who...

          4. 4.Subject to Article 13(3), (5) and (6), a person who...

          5. 5.Where, under the legislation of one Party, an increase of...

      2. PART II PROVISIONS WHICH DETERMINE, THE LEGISLATION APPLICABLE CONCERNING CONTRIBUTION LIABILITY

        1. ARTICLE 6

          General Provisions

          1. 1.Subject to paragraphs (2) to (13) and Articles 7 to...

          2. 2.Where a person is employed in the territory of more...

          3. 3.Where a person is self-employed in the territory of more...

          4. 4.Where a person is employed in the territory of one...

          5. 5.No provision of this Article shall affect a person’s liability...

          6. 6.Where a person is not gainfully employed, any liability for...

          7. 7.Where, but for this paragraph, a person would be entitled...

          8. 8.Where under Articles 7, 8(a) or (b), or 9(2), a...

          9. 9.Where a person is gainfully employed in the territory of...

          10. 10.A person who is entitled to receive sickness benefit, maternity...

          11. 11.A person who is entitled to receive widow’s benefit under...

          12. 12.A woman who is entitled to receive widow’s benefit under...

          13. 13.For the purpose of determining whether a person is entitled...

        2. ARTICLE 7

          Detached Workers

          1. Subject to Articles 8 and 9, where a person insured...

        3. ARTICLE 8

          Travelling Personnel

          1. Subject to Article 9, the following provisions shall apply to...

        4. ARTICLE 9

          Mariners and others Employed on Board a Ship or Vessel

          1. 1.Subject to paragraphs (2) to (4), where a person is...

          2. 2.Where a person who is insured under the legislation of...

          3. 3.Where a person who is not normally employed at sea...

          4. 4.Where a person who is ordinarily resident in the territory...

        5. ARTICLE 10

          Government Servants

          1. Where any person who is in the Government Service of...

        6. ARTICLE 11

          Modification Provisions

          1. Exceptionally, the competent authorities of the Parties may agree to...

      3. PART III SPECIAL PROVISIONS

        1. ARTICLE 12

          Conversion Formulae for Contributions

          1. 1.For the purpose of calculating entitlement under the legislation of...

          2. 2.For the purpose of calculating entitlement under the legislation of...

          3. 3.Subject to paragraph (4), for the purpose of calculating an...

          4. 4.For the purpose of calculating entitlement to additional pension under...

          5. 5.For the purposes of the calculation in Article 18(2), where...

          6. 6.For the purpose of calculating the appropriate contribution factor to...

          7. 7.For the purpose of calculating entitlement to any benefit in...

          8. 8.For the purpose of converting to a contribution period any...

          9. 9.For the purpose of converting to a contribution period any...

          10. 10.For the purpose of converting insurance periods completed under the...

      4. PART IV BENEFIT PROVISIONS

        1. SECTION I Provisions for Sickness, Maternity, Invalidity and Unemployment

          1. ARTICLE 13

            Sickness Benefit and Maternity Allowance

            1. 1.Where a person has, since his last arrival in the...

            2. 2.Where a person is employed in the territory of one...

            3. 3.Subject to paragraph (5), where a person would be entitled...

            4. 4.Subject to paragraph (5), where a person would, if he...

            5. 5.Nothing in this Article shall permit the payment of statutory...

            6. 6.Where a person who is resident in the territory of...

            7. 7.Where, but for this paragraph, a person would be entitled...

          2. ARTICLE 14

            Maternity Grant under the Legislation of Jersey and Guernsey

            1. 1.In this Article “Party” means Jersey or Guernsey, as the...

            2. 2.For the purpose of a claim to maternity grant under...

            3. 3.Whereawomanwouldbeentitledtoarnatemitygrantunderthelegislationofboth Parties in respect of the same confinement, whether by...

            4. 4.Where a woman would not be entitled to a maternity...

          3. ARTICLE 15

            Invalidity Benefit

            1. Where a person has been insured under the legislation of...

          4. ARTICLE 16

            Unemployment Benefit under the Legislation of the United Kingdom And Guernsey

            1. 1.In this Article “Party” means the United Kingdom or Guernsey,...

            2. 2.Where a person has, since his last arrival in the...

            3. 3.Where paragraph (2) applies, any unemployment benefit paid to a...

            4. 4.Periods of employment in the territory of one Party shall...

            5. 5.This Article shall not apply to a person who claims...

        2. SECTION 2 Retirement Pension and Widow’s Benefit

          1. ARTICLE 17

            General Provisions

            1. 1.Subject to paragraphs (2) to (4), where a person is...

            2. 2.Notwithstanding paragraph (1), a person entitled to a Category B...

            3. 3.Notwithstanding paragraph (1), a married woman entitled to a retirement...

            4. 4.Entitlement to a retirement pension in the circumstances referred to...

          2. ARTICLE 18

            Pro-rata Pensions

            1. 1.Subject to Articles 17 and 19 to 21, this Article...

            2. 2.In accordance with Article 12, the competent authority of any...

            3. 3.For the purpose of the calculation in paragraph (2), where...

            4. 4.Insurance periods under paragraph (3) shall be treated as follows:...

            5. 5.Where no pension is, or would be, payable under paragraph...

            6. 6.Any increase of benefit payable under the legislation of the...

          3. ARTICLE 19

            Insurance Periods to be taken into Account

            1. For the purpose of applying Article 18 the competent authority...

          4. ARTICLE 20

            Overlapping Periods

            1. For the purpose of applying Article 18:

          5. ARTICLE 21

            Benefits to be Excluded

            1. For the purpose of applying Article 18 no account shall...

          6. ARTICLE 22

            Non-simultaneous Entitlement

            1. Where a person does not simultaneously satisfy the conditions for...

          7. ARTICLE 23

            Widow’s Benefit

            1. 1.Articles 17 to 22 shall also apply, with such modifications...

            2. 2.Where widow’s benefit would be payable under the legislation of...

        3. SECTION 3 Benefits for Industrial Accidents and Industrial Diseases

          1. ARTICLE 24

            General Provisions

            1. 1.Where a person is employed in the territory of one...

            2. 2.Where a person leaves the territory of one Party to...

            3. 3.Where, because of a death resulting from an industrial accident...

          2. ARTICLE 25

            Dual Attribution and Aggravation of an Industrial Disease

            1. 1.In this Article “Party” means the United Kingdom or Guernsey,...

            2. 2.Subject to paragraph i(3), where a person contracts an industrial...

            3. 3.Where a person has suffered an aggravation of an industrial...

          3. ARTICLE 26

            Dual Entitlement

            1. A person shall not be entitled, whether by virtue of...

        4. SECTION 4 Family Benefits

          1. ARTICLE 27

            Orphan’s Benefit under the Legislation of the United Kingdom and Guernsey

            1. 1.In this Article “Party” means the United Kingdom or Guernsey,...

            2. 2.For the purpose of any claim for orphan’s benefit under...

            3. 3.For the purpose of any claim for orphan’s benefit under...

            4. 4.Where orphan’s benefit would be payable to a person under...

            5. 5.Where, but for this paragraph, a person would be entitled...

          2. ARTICLE 28

            Child Benefit

            1. 1.Subject to paragraph (6), where a person is present or...

            2. 2.Where a person is resident in the territory of one...

            3. 3.Where a person is resident in the territory of one...

            4. 4.Where, but for this paragraph, child benefit would be payable...

            5. 5.Subject to paragraph (1), a person who claims child benefit...

            6. 6.Child benefit shall not be payable under the legislation of...

            7. 7.For the purpose of any claim to child benefit under...

        5. SECTION 5 Attendance Benefit and Death Grant

          1. ARTICLE 29

            Attendance Benefit

            1. 1.For the purpose of determining entitlement to attendance benefit under...

            2. 2.Where, but for this paragraph, a person would be entitled...

          2. ARTICLE 30

            Death Grant under the Legislation of Jersey or Guernsey

            1. 1.In this Article “Party” means Jersey or Guernsey, as the...

            2. 2.For the purpose of any claim to death grant under...

            3. 3.Where a person dies in the territory of either Party...

            4. 4.Where there would be entitlement to death grant under the...

      5. PART V MISCELLANEOUS PROVISIONS

        1. ARTICLE 31

          Recovery of Advance Payments and Overpayments of Benefit

          1. Where a competent authority of one Party has made a...

        2. ARTICLE 32

          Arrangements for Administration and Co-operation

          1. 1.The competent authorities of the Parties shall establish the administrative...

          2. 2.The competent authorities of the Parties shall communicate to each...

          3. 3.The competent authorities of the Parties shall establish liaison offices...

          4. 4.The competent authorities of the Parties shall assist one another...

          5. 5.Where any benefit is payable under the legislation of one...

          6. 6.Where a person who is in the territory of one...

          7. 7.A medical board appointed by the competent authority of any...

          8. 8.Where the legislation of one Party provides that any certificate...

          9. 9.No certificate, document or statement of any kind written in...

          10. 10.Unless disclosure is required under the legislation of a Party,...

        3. ARTICLE 33

          Submission of Claim or Appeal

          1. 1.Any claim or appeal which should, for the purposes of...

          2. 2.Any claim to benefit submitted under the legislation of one...

        4. ARTICLE 34

          Method of Payment

          1. Where a person in the territory of one Party, is...

        5. ARTICLE 35

          Resolution of Disputes

          1. 1.The competent authorities of the Parties to this Agreement shall...

          2. 2.If any dispute cannot be resolved as in paragraph (1)...

          3. 3.The decision of the arbitration tribunal, which shall be binding...

      6. PART VI TRANSITIONAL AND FINAL PROVISIONS

        1. ARTICLE 36

          Prior Acquisition of Rights — Former Agreement Replaced by this Agreement

          1. 1.Upon the entry into force of this Agreement the former...

          2. 2.Any right to benefit acquired by a person in accordance...

          3. 3.Any rights in course of acquisition under the former Agreements...

          4. 4.Where, from the date of entry into force of this...

          5. 5.Benefit, other than lump sum payments, shall be payable in...

          6. 6.Paragraph (5) shall not confer any right to receive payment...

          7. 7.For the purpose of applying the first sentence of paragraph...

          8. 8.No provision of this Agreement shall diminish any rights or...

        2. ARTICLE 37

          Coming into Force and Life of the Agreement

          1. This Agreement shall come into force on 2 November 1994...

        3. ARTICLE 38

          Rights on Termination of this Agreement not Replaced by Another

          1. In the event of the termination of this Agreement and...

  7. Explanatory Note

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once