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The Social Security (United States of America) Order 1997

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Article 1

1.  Article 1 of the Agreement shall be revised as follows:

(a)Paragraph 1 shall be revised to read as follows:

1.  “Territory” means,

as regards the United States, the States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa and the Commonwealth of the Northern Mariana Islands, and

as regards the United Kingdom, England, Scotland, Wales, Northern Ireland, and also the Isle of Man, the Island of Jersey, and the Islands of Guernsey, Alderney, Herm and Jethou; and references to the “United Kingdom” or to “territory” in relation to the United Kingdom shall include the Isle of Man, the Island of Jersey, and the Islands of Guernsey, Alderney, Herm and Jethou where appropriate;.

(b)Paragraph 3 shall be revised to read as follows:

3.  “Competent Authority” means,

as regards the United States, the Commissioner of Social Security, and

as regards the United Kingdom, the Department of Social Security for Great Britain, the Department of Health and Social Services for Northern Ireland, the Department of Health and Social Security of the Isle of Man, the Employment and Social Security Committee of the States of the Island of Jersey or the Guernsey Social Security Authority as the case may require;.

(c)Paragraph 7 shall be revised to read as follows:

7.  As regards the United Kingdom:

(a)“insurance period” means,

a contribution period or an equivalent period;

(b)“contribution period” means,

a period in respect of which contributions appropriate to the benefit in question are payable, have been paid or treated as paid;

(c)“equivalent period” means,

a period for which contributions appropriate to the benefit in question have been credited;

(d)“survivor’s benefit” means,

widow’s allowance, widow’s payment, widowed mother’s allowance and widow’s pension;

(e)“child’s survivor benefit” means,

guardian’s allowance and child’s special allowance;

(f)“laws on coverage” means,

the laws and regulations relating to the imposition of liability for the payment of social security contributions;

(g)“qualifying period” for invalidity benefit means,

(i)a period of incapacity of 364 days under the laws of Great Britain, Northern Ireland or the Isle of Man, or

(ii)a period of incapacity of 364 days under the laws of Jersey, or

(iii)a period of incapacity of 156 days, excluding Sundays, under the laws of Guernsey;

(h)“first contribution condition” means,

(i)under the laws of Great Britain, Northern Ireland or the Isle of Man, that a person has paid at least 52 Class I or Class II contributions at any time before 6 April 1975, or has paid, in one contribution year, Class I or Class II contributions producing an earnings factor of at least 50 times that year’s lower earnings limit in a tax year beginning on or after 6 April 1975, or

(ii)under the laws of Jersey, that a person has paid contributions prior to the end of the relevant quarter and the annual contribution factor derived from these contributions is not less than 0.25, or

(iii)under the laws of Guernsey, that a person has paid at least 26 reckonable contributions since 4 January 1965 or the date of his entry into the Guernsey scheme;

(i)“second contribution condition” means,

(i)under the laws of Great Britain, Northern Ireland or the Isle of Man, that a person has either paid or been credited with Class I or Class II contributions producing an earnings factor of at least 50 times the lower earnings limit in each of the last 2 complete contribution years before the relevant benefit year, or

(ii)under the laws of Jersey, that a person has paid or been credited with contributions in respect of the relevant quarter and the quarterly contribution factor derived from those contributions is 1.00, or

(iii)under the laws of Guernsey, that a person has paid or been credited with at least 26 reckonable contributions in the relevant contribution year;

(j)a “qualifying year” means,

(i)at least 50 weeks of insurance for periods before 6 April 1975, or that the person has received, or been treated as having received, earnings of at least 52 times the lower earnings limit in a tax year after 5 April 1978 under the laws of Great Britain, Northern Ireland and the Isle of Man, or

(ii)an annual contribution factor of 1.00 under the laws of Jersey, or

(iii)50 weeks under the laws of Guernsey;

(k)a “reckonable year” means a tax year between 6 April 1975 and 5 April 1978 during which contributions have been paid on earnings received (or treated as received) of at least 50 times the lower earnings limit for that year;

(l)“prescribed period” means, in relation to Jersey and Guernsey, the period commencing on the same date under the laws of Jersey or Guernsey, as the case may be, as the relevant period for the purposes of old age pension and ending on 31 December next preceding the date on which entitlement to invalidity benefit first arose;

(m)“sickness benefit” means,

(i)short-term incapacity benefit at the lower, higher or long-term rate payable under the legislation of Great Britain, Northern Ireland or the Isle of Man, or

(ii)sickness benefit payable under the legislation of Jersey or Guernsey;

(n)“invalidity benefit” means,

(i)long-term incapacity benefit, additional pension, invalidity allowance and incapacity age addition payable under the legislation of Great Britain, Northern Ireland or the Isle of Man, or

(ii)invalidity benefit payable under the legislation of Jersey or Guernsey..

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