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The Social Security (Ireland) Order (Northern Ireland) 2007
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SECTION 5N.I.DEATH BENEFIT
ARTICLE 29N.I.Death grant under the legislation of Jersey, Guernsey or Ireland
Commencement Information
I1Sch. 1 art. 29, in operation at 1.10.2007, see art. 1
(1) In this Article “Party” means Jersey, Guernsey or Ireland, as the case may be.
(2) For the purpose of any claim to death grant under the legislation of either Party any insurance period completed by the relevant person under the legislation of one Party shall be treated in accordance with Article 13 as if it were an insurance period completed under the legislation of the other Party.
(3) For the purpose of any claim to death grant under the legislation of Ireland the relevant person may, in addition to the deceased person, also include the spouse of the deceased person or, in the case where a grant is claimed in respect of a deceased child, the father or mother of the child or such persons defined in Section 114(2) (a)(ii) and (iii) of the Social Welfare (Consolidation) Act 1993.
(4) Where a person dies in the territory of either Party his death shall be treated, for the purpose of any claim to death grant under the legislation of one Party, as if it had occurred in the territory of that Party.
(5) Where there would be entitlement to death grant under the legislation of both Parties, whether by virtue of this Convention or otherwise:
(a)the grant shall be payable only under the legislation of the Party in whose territory the death occurs; or
(b)if the death does not occur in the territory of either Party, the grant shall be payable only under the legislation of the Party under whose legislation the person on whose insurance the right to the grant is determined was last insured before the death.
(6) For the purposes of this Article no account shall be taken of any insurance period completed under the legislation of the other Party:
(a)under the legislation of the Republic of Ireland in respect of any period prior to 1 October 1970;
(b)under the legislation of Guernsey in respect of any period prior to 7 June 1971.
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