The Social Security (Contributions and Industrial Injuries) (Canada) Order (Northern Ireland) 1998

PART I GENERAL PROVISIONS

Article 1 Definitions

(1) For the purpose of this Convention, the following definitions apply:—

• “benefits for industrial accidents and industrial diseases” means, in relation to the United Kingdom, a pension or benefit payable to a person for loss of physical or mental faculty as a result of an industrial accident or an industrial disease arising out of, and in the course of, employed earner’s employment;

• “competent authority” means:—

  (i)

  in relation to the United Kingdom, the Department of Social Security for Great Britain, the Department of Health and Social Services for Northern Ireland and the Department of Health and Social Security of the Isle of Man, as the case may require, and

  (ii)

  in relation to Canada, the Minister or Ministers responsible for the application of the legislation of Canada;

• “employed person” means:—

  (i)

  in relation to the United Kingdom, a person who is, or who is treated as being, an employed earner or an employed person under the legislation of the United Kingdom, and

  (ii)

  in relation to Canada, an employee, as defined in the Canada Pension Plan,

  and the words “person is employed” shall be construed accordingly;

• “employment” means employment as an employed person, and the words “employ”, “employed” or “employer” shall be construed accordingly;

• “Government Service” means:—

  (i)

  in relation to the United Kingdom, employment by the Government of the United Kingdom, and includes employment in the service of any public corporation of the United Kingdom, and

  (ii)

  in relation to Canada,

  (a)

  employment by the Government of Canada, including employment as a member of the Canadian Forces or the Royal Canadian Mounted Police, but not including employment as an employee engaged locally outside Canada, and

  (b)

  employment by the government, agent or municipal corporation of a province of Canada;

• “insured” means:—

  (i)

  in relation to the United Kingdom, that contributions have been paid by, or are payable by, or in respect of, or have been credited in respect of, the person concerned, and

  (ii)

  in relation to Canada, that contributions have been paid, or are payable, by the person concerned under the Canada Pension Plan or, as the case may require, the comprehensive pension plan of a province of Canada;

• “legislation” means, in relation to a Party, such of the legislation specified in Article 2 as applies in that Party;

• “Party” means the United Kingdom or Canada;

• “self-employed person” means:—

  (i)

  in relation to the United Kingdom, a person who comes within the definition of a self-employed earner or of a self-employed person under the legislation of the United Kingdom, or is treated as such, and

  (ii)

  in relation to Canada, a person with self-employed earnings, as defined in the Canada Pension Plan,

  and the words “person is self-employed” shall be construed accordingly;

• “United Kingdom” means the United Kingdom of Great Britain and Northern Ireland and also the Isle of Man.

(2) Other words and expressions which are used in this Convention have the meanings respectively assigned to them in the legislation concerned.

(3) Any reference in this Convention to an “Article” means an Article of this Convention, and any reference to a “paragraph” is a reference to a paragraph of the Article in which the reference is made, unless it is stated to the contrary.

Article 2 Scope of Legislation

(1) This Convention shall apply,

(a) in relation to the United Kingdom, to:—

(i) the Social Security Administration Act 1992, the Social Security Contributions and Benefits Act 1992 and the Social Security (Consequential Provisions) Act 1992,

(ii) the Social Security Administration (Northern Ireland) Act 1992, the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and the Social Security (Consequential Provisions) (Northern Ireland) Act 1992,

(iii) the Social Security Administration Act 1992, the Social Security Contributions and Benefits Act 1992 and the Social Security (Consequential Provisions) Act 1992 (Acts of Parliament) as those Acts apply to the Isle of Man by virtue of Orders made, or having effect as if made, under the Social Security Act 1982 (an Act of Tynwald),

and the legislation which was repealed or consolidated by those Acts or Orders or repealed by legislation consolidated by them;

(b) in relation to Canada, to:—

(i) the Old Age Security Act and the regulations made thereunder, and

(ii) the Canada Pension Plan and the regulations made thereunder.

(2) Subject to paragraph (3), this Convention shall apply also to any legislation which supersedes, replaces, amends, supplements or consolidates the legislation specified in paragraph (1).

(3) This Convention shall not apply to the legislation on social security adopted by the Council, or the Council and the Parliament, of the European Community, or to legally binding provisions on social security contained in agreements between the European Community, its Member States and a third country, or adopted pursuant to such an agreement, or to any convention on social security which the United Kingdom has concluded with a third party or to any laws or regulations which amend the legislation specified in paragraph (1) for the purpose of giving effect to such a convention.

Article 3 Equal Treatment

A person who is or who has been subject to the legislation of a Party, and the dependants and survivors of such a person, shall be subject to the obligations of the legislation of the other Party and shall be eligible for the benefits of that legislation under the same conditions as nationals or citizens, as the case may be, of the latter Party.