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SCHEDULEU.K.Convention on Social Insurance between the United Kingdom and the Republic of Turkey

Modifications etc. (not altering text)

PART IV.—MISCELLANEOUS PROVISIONS U.K.

Article 30

The competent authorities—

(a)shall make such administrative arrangements as may be required for the application of the present Convention ;

(b)shall communicate to each other information regarding any measure taken toy them for the application of the Convention ;

(c)shall communicate to each other, as soon as possible, information regarding any change made under their national legislation which affects the application of the Convention.

Article 31

(51) The competent authorities and the social insurance authorities of the two Contracting Parties shall furnish assistance to one another with regard to any matter relating to the application of the present Convention as if the matter were one affecting the application of their own national legislation.

(52) The competent authorities shall, in particular, agree upon the measures to be adopted for the medical and administrative supervision of persons entitled to benefit by virtue of the present Convention.

Article 32

(53) Any exemption from, or reduction of, legal dues, charges and fees, provided for in the legislation of one Contracting Party in connexion with the issue of any certificate or document required to be produced for the purposes of that legislation, shall toe extended to certificates and documents required to be produced for the purposes of the legislation of the other Party.

(54) Where any certificate or other document has to be produced to the competent authority or social insurance authority of one (or the other) Party for the purpose of applying the present Convention, that authority shall not require the certificate or other document to be legalised or authenticated.

Article 33

Any claim, notice or appeal which should, for the purposes of the legislation of one Contracting Party, have been presented within a prescribed period to the social insurance authority of that Party, but which is in fact presented within the same period to the social insurance authority of the other Party, shall be treated as if it had been presented to the social authority of the former Party. In such cases, the social authority of the latter Party shall, as soon as possible, transmit the claim, notice or appeal to the social security authority of the former Party.

Article 34

The social insurance authorities of the Contracting Parties may, for the purpose of applying the present Convention, correspond directly with one another, or with any person entitled to receive any benefit by virtue of the Convention, or with his legal representative.

Article 35

The amount of any benefit due in accordance with the provisions of the present Convention shall be calculated in the currency of the Contracting Party whose social insurance authority is responsible for such benefit.

Article 36

(55) No provision of the present Convention shall confer any right to receive any payment of benefit for a period before the date of the entry into force of the Convention.

(56) —(a) Subject to the provisions of paragraph (1) of this Article, benefit, other than lump sum payments, shall be payable in accordance with the provisions of the Convention in respect of events which happened before the date of its entry into force, and for this purpose—

(i)any benefit which has not been awarded because the person concerned has not made a claim or is absent from the territory of either Party shall be determined and paid;

(ii)any benefit which has been suspended because the person concerned is absent from the territory of either Party shall be paid;

(iii)any benefit which has been determined shall, where necessary, be determined afresh, provided that its capital value has not been liquidated.

(b)Any benefit which is payable in accordance with the provisions of sub-paragraph (a) of this paragraph shall be paid or determined and paid, as the case may be, as from the date of the entry into force of the Convention, provided that the claim therefore is submitted within twelve months of that date.

(57) Any insurance period, contribution period or equivalent period which a person has completed before the date of the entry into force of the Convention shall be taken into account for the purpose of determining the right to receive benefit in accordance with the provisions of the Convention:

Provided that—

(a)for the purpose of applying the provisions of Article 14 of the Convention, no account shall he taken of any insurance period completed by a person under the legislation of the United Kingdom if that period is ignored in the calculation of the yearly average of contributions paid by that person or credited to him under that legislation ;

(b)for the purpose of any claim to receive benefit under the legislation of Turkey, no account shall be taken of any insurance period completed under the legislation of the United Kingdom before the 1st April, 1950.

Article 37

(58) The competent authorities of the Contracting Parties shall endeavour to resolve by negotiation any disagreement relating to the interpretation or application of the present Convention.

(59) If any such disagreement has not been resolved by negotiation within a period of three months, the disagreement shall be submitted to arbitration by an arbitral body whose composition and procedure shall be agreed upon by the Contracting Parties, or, in default of such agreement within a further period of three months, by an arbitrator chosen at the request of either Party by the President of the International Court of Justice.

(60) The decision of the arbitral body, or arbitrator, as the case may be, shall be made in accordance with the principles and spirit of the present Convention and shall be final and binding.

Article 38

In the event of the termination of the present Convention, any right acquired by a person in accordance with its provisions shall be maintained, and negotiations shall take place for the settlement of any rights then in course of acquisition by virtue of those provisions.

Article 39

The present Convention shall be ratified and the instruments of ratification shall be exchanged in London as soon as possible. The Convention shall enter into force on the first day of the third month following the month in which the instruments of ratification are exchanged.

Article 40

The present Convention shall remain in force for a period of one year from the date of its entry into force. Thereafter it shall continue in force from year to year unless it is denounced in writing three months before the expiry of any such yearly period.

In witness whereof the undersigned, duly authorised by their respective Governments, have signed the present Convention.

Done in duplicate at Ankara this ninth day of September, 1959, in the English and Turkish languages, both texts being equally authoritative.