The Social Security (Netherlands) Order (Northern Ireland) 2007

SECTION 1 PROVISIONS FOR SICKNESS, MATERNITY, INVALIDITY AND UNEMPLOYMENT

ARTICLE 15 Sickness benefit and maternity allowance

(1) Where a person has, since his last arrival in the territory of the United Kingdom, completed a contribution period under the legislation of that Party, then for the purpose of any claim to sickness benefit or maternity allowance made under the legislation of that Party, any insurance period completed under the legislation of the Netherlands shall be treated in accordance with Article 14 as if it were an insurance period completed under the legislation of the United Kingdom.

(2) Where a person is employed in the territory of one Party and the legislation of the other Party applies to him in accordance with any of the provisions of Articles 7 to 13, 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 the latter Party.

(3) Subject to paragraphs (4) and (5) and Article 30, where a person would be entitled to receive sickness benefit or maternity allowance under the legislation of the United Kingdom 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 Netherlands if:

(a) his condition necessitates immediate treatment during a stay in the territory of the Netherlands 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 United Kingdom a claim to benefit and documentary evidence of incapacity for work; or

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

(c) having claimed and become entitled to sickness benefit or maternity allowance under the legislation of the United Kingdom, he is authorised by the competent authority of that Party to go to the territory of the Netherlands 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) Where a seasonal worker, who is entitled to sickness benefit under the legislation of Jersey or Guernsey, goes to the Netherlands, he shall be entitled to continue to receive such benefit for a period of not more than thirteen weeks from the date of his departure from Jersey or Guernsey, as the case may be.

(5) Where a person who is resident in the territory of one Party would be entitled to receive sickness benefit or maternity allowance under the legislation of the 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.

(6) Where a person would be entitled to receive sickness benefit under the legislation of the Netherlands if he were in the territory of that Party, he shall be entitled to receive that sickness benefit while he is in the territory of the United Kingdom.

(7) Where, but for this paragraph, a person would be entitled to receive, for the same period, whether by virtue of this Convention, or otherwise, sickness benefit under the legislation of both Parties, including industrial injury benefit under the legislation of Guernsey, or maternity allowance under the legislation of the United Kingdom, that benefit, allowance or payment shall be granted only under the legislation under which the person was last insured before entitlement arose.

ARTICLE 16 Invalidity benefit

(1) Where a person has been subject to the legislation of both Parties, the competent authority or the competent institution in the territory of the Party whose legislation was applicable when incapacity for work followed by invalidity began shall determine, in accordance with its legislation, whether the person concerned satisfied the conditions for entitlement to invalidity benefit taking account, where appropriate, of any insurance period which that person has completed under the legislation of the other Party as if it were an insurance period completed under its legislation.

(2) Where a person would be entitled to receive for the same incapacity and for the same period invalidity benefit under the legislation of both Parties, or invalidity benefit under the legislation of one Party and sickness benefit under the legislation of the other Party, including industrial injury benefit under the legislation of Guernsey, whether by virtue of this Convention or otherwise, he shall be entitled to receive only the invalidity benefit, sickness benefit, or industrial injury benefit, as the case may be, under the legislation of the Party in whose territory the incapacity began.

(3) Where a person is entitled to incapacity pension under the legislation of Jersey, only contribution periods completed, or deemed to be completed, under the legislation of Jersey shall be taken into consideration in the calculation of the rate of incapacity pension.

ARTICLE 17 Unemployment benefit

(1) In this Article “Party” means Great Britain, Northern Ireland, the Isle of Man, Guernsey or the Netherlands, as the case may be.

(2) Subject to paragraphs (4) to (8), 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 to unemployment benefit made under the legislation of that Party, any insurance period, or period of employment, completed under the legislation of the other Party shall be treated in accordance with Article 14 as if it were an insurance period, or period of employment, completed under the legislation of the former Party, in so far as those periods do not coincide.

(3) Periods of employment in the Netherlands shall be taken into account for the purpose of determining whether a person who has previously exhausted his right to unemployment benefit under the legislation of Guernsey requalifies for it.

(4) Where a person is entitled to unemployment benefit under the legislation of Great Britain, Northern Ireland or the Isle of Man in accordance with paragraph (2), any unemployment benefit paid to that person for any period under the legislation of the Netherlands during the last six months before the day for which his claim is made shall be treated, for the purpose of determining the duration of the payment, as if it were unemployment benefit paid for the same period under the legislation of Great Britain, Northern Ireland or the Isle of Man, as the case may be.

(5) Where a person is entitled to unemployment benefit under the legislation of Guernsey in accordance with paragraph (2), any unemployment benefit paid to that person for any period under the legislation of the Netherlands during the last twelve months before the day for which his claim is made shall be treated, for the purpose of determining the duration of the payment, as if it were unemployment benefit paid for the same period under the legislation of Guernsey.

(6) Where a person is entitled to unemployment benefit under the legislation of the Netherlands in accordance with paragraph (2), any unemployment benefit paid to that person for any period under the legislation of any other Party during the last twelve months before the day for which his claim is made shall be treated, for the purpose of determining the duration of the payment, as if it were unemployment benefit paid for the same period under the legislation of the Netherlands.

(7) Periods of insurance or periods of employment completed under the legislation of Jersey shall not be taken into account for the purpose of determining entitlement to unemployment benefit under the legislation of the Netherlands.

(8) This Article shall not apply to a person who claims unemployment benefit under the legislation of Guernsey and who has not paid twenty-six contributions as an employed person under the legislation of Guernsey.