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The Social Security (Reciprocal Agreements) Order 1976

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Articles 2(1) and 3

SCHEDULE 1ORDERS IN COUNCIL MODIFIED BY THIS ORDER

Title of Order in CouncilReference
The National Insurance (Isle of Man Reciprocal Agreement) Order 1948S.I. 1948/1844 (Rev. XVI, p. 363: 1948 I, p. 2902)
The National Insurance (Industrial Injuries) (Isle of Man Reciprocal Agreement) Order 1948S.I. 1948/2350 (Rev. XVI, p. 538: 1948 I, p. 3027)
The National Insurance and Industrial Injuries (Reciprocal Agreement with Italy) Order 1953S.I. 1953/884 (1953 I, p. 1395)
The National Insurance and Industrial Injuries (Luxembourg) Order 1955S.I. 1955/420 (1955 I, p. 1636)
The National Insurance and Industrial Injuries (Netherlands) Order 1955S.I. 1955/874 (1955 I, p. 1653)
The National Insurance and Industrial Injuries (Malta) Order 1956S.I. 1956/1897 (1956 I, p. 1663)
The National Insurance and Industrial Injuries (Sweden) Order 1957S.I. 1957/856 (1957 I, p. 1667)
The National Insurance and Industrial Injuries (Israel) Order 1957S.I. 1957/1879 (1957 I, p. 1658)
The Family Allowances, National Insurance and Industrial Injuries (Norway) Order 1958S.I. 1958/423 (1958 II, p. 1614)
The National Insurance and Industrial Injuries (France) Order 1958S.I. 1958/597 (1958 II, p. 1641)
The Family Allowances, National Insurance and Industrial Injuries (Belgium) Order 1958S.I. 1958/771 (1958 II, p. 1599)
The National Insurance and Industrial Injuries (Malta) Order 1958S.I. 1958/772 (1958 II, p. 1657)
The Family Allowances, National Insurance and Industrial Injuries (Yugoslavia) Order 1958S.I. 1958/1263 (1958 II, p. 1628)
The Family Allowances and National Insurance (Canada) Order 1959S.I. 1959/2216 (1959 II, p. 1898)
The Family Allowances, National Insurance and Industrial Injuries (Denmark) Order 1960S.I. 1960/211 (1960 II, p. 2301)
The Family Allowances, National Insurance and Industrial Injuries (Finland) Order 1960S.I. 1960/212 (1960 II, p. 2316)
The National Insurance and Industrial Injuries (Republic of Ireland) Order 1960S.I. 1960/707 (1960 II, p. 2328)
The National Insurance and Industrial Injuries (Turkey) Order 1961S.I. 1961/584 (1961 I, p. 1290)
The Family Allowances, National Insurance and Industrial Injuries (Germany) Order 1961S.I. 1961/1202 (1961 II, p. 2371)
The National Insurance (Germany) Order 1961S.I. 1961/1513 (1961 II, p. 3090)
The National Insurance (Canada) Order 1962S.I. 1962/173 (1962 I, p. 181)
The National Insurance (Republic of Ireland) Order 1966S.I. 1966/270 (1966 I, p. 722)
The National Insurance and Industrial Injuries (Republic of Ireland) Order 1968S.I. 1968/1655 (1968 III, p. 4478)
The Family Allowances, National Insurance and Industrial Injuries (Switzerland) Order 1969S.I. 1969/384 (1969 I, p. 1050)
The National Insurance (United States of America) Order 1969S.I. 1969/1493 (1969 III, p. 4775)
The National Insurance and Industrial Injuries (Cyprus) Order 1969S.I. 1969/1494 (1969 III, p. 4779)
The National Insurance and Industrial Injuries (Bermuda) Order 1969S.I. 1969/1686 (1969 III, p. 5309)
The Family Allowances and National Insurance (New Zealand) Order 1970S.I. 1970/150 (1970 I, p. 650)
The National Insurance (Republic of Ireland) Order 1971S.I. 1971/1742 (1971 III, p. 4745)
The Family Allowances, National Insurance and Industrial Injuries (Austria) Order 1972S.I. 1972/1586 (1972 III, p. 4592)
The National Insurance and Industrial Injuries (Jamaica) Order 1972S.I. 1972/1587 (1972 III, p. 4616)
The National Insurance and Industrial Injuries (Jersey and Guernsey) Order 1972S.I. 1972/1588 (1972 III, p. 4627)
The National Insurance (Canada) Order 1973S.I. 1973/763 (1973 I, p. 2425)
The Family Allowances, National Insurance and Industrial Injuries (Gibraltar) Order 1974S.I. 1974/555 (1974 I, p. 2279)
The Family Allowances, National Insurance and Industrial Injuries (Spain) Order 1975S.I. 1975/415 (1975 I, p. 1293)

Article 2(4)

SCHEDULE 2SPECIFIC MODIFICATIONS OF CERTAIN ORDERS IN COUNCIL

Reference or Provision in AgreementModification of Order in Council
12
1. insurance periods, contribution periods or periods of employment completed in the other country by a person to whom the agreement applies to be treated as if those periods were periods for which contributions had been paid under the legislation of the United Kingdom.1. each complete week in any such period during which the person was an employed person in the other country to be treated as a week in which he had paid a contribution on earnings equal to two-thirds of the upper earnings limit within the meaning of section 4(1) of the Act for the year which includes the first day of that week.
2. a period of residence in the other country by a person to whom the agreement applies to be treated as a period for which contributions have been paid under the legislation of the United Kingdom.2. that person to be treated as having paid as many Class 3 contributions under section 8 of the Act as there are complete weeks in any such period.
3. that, for the purposes of any claim by a married woman to receive a retirement pension under the legislation of the United Kingdom by virtue of her own insurance and her residence in the other country, she shall have paid 156 contributions under the legislation of the United Kingdom for any period after the date of her marriage.

3. the number of contributions paid to be ascertained by dividing that person's earnings factor derived from contributions paid in any relevant year under the legislation of the United Kingdom by the lower earnings limit for that year within the meaning of section 4(1) of the Act;

provided that the number of contributions so ascertained shall not exceed the number of weeks the person was subject to the legislation of the United Kingdom.

4. that, for the purposes of entitlement to receive in the other country any benefit under the legislation of the United Kingdom, a specified period of insurance shall have been completed by the relevant person.

5. where the amount of any benefit is to be determined by reference to the relationship which the insurance periods completed under the legislation of the United Kingdom bear to the total of the insurance periods completed under the legislation of both countries.

4. & 5. the period of insurance to be ascertained as complete weeks equal in number to the number resulting from dividing the person's earnings factor derived from contributions paid or credited for any year under the legislation of the United Kingdom by the lower earnings limit for that year within the meaning of section 4(1) of the Act;

provided that the number shall not exceed the number of weeks the person was subject to the legislation of the United Kingdom.

6. for the purposes of a claim for guarddian's allowance under the legislation of the United Kingdom the parent of the child in question who had been insured or resident in the other country to be treated as having been insured under the legislation of the United Kingdom.6. that parent to be deemed to satisfy the conditions set out in regulation 6 of the Social Security (Guardian's Allowances) Regulations 1975(1).
7. the exclusion of contributions related to wages or earnings.7. only such contributions paid in respect of periods before 6th April 1975 to be excluded.
8. persons to be treated as having paid contributions as non-employed persons.8. those persons to be treated as having paid Class 3 contributions.
(1)

(1975 I, p. 1693).

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