S.I. No. 746/2020 - Social Welfare (Convention on Social Security between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland) Order 2020

• (ii) Party B shall grant a supplement to the person concerned, the amount of which shall be equal to the difference between the amount of benefits due after the aggravation and the amount which would have been due prior to the aggravation under the legislation it applies as if they had first contracted the disease whilst pursuing such activity under the legislation of that Party; and

• (c) the rules concerning reduction, suspension or withdrawal laid down by the legislation of a Party shall not be invoked against persons receiving benefits provided by both Parties in accordance with sub-paragraph (b).

ARTICLE 36

Equivalence of accidents at work and occupational diseases in the two Parties

When assessing the degree of incapacity, the right to benefit for such accident or disease or the amount of a benefit for accidents at work and occupational diseases, Article 5 shall apply to a Party (Party A) as regards the equivalence in that Party of an accident at work and occupational disease which has either occurred in the other Party (Party B), or been confirmed subsequently under the legislation of Party B, on condition that:

• (a) no compensation from a third party is due in respect of an accident at work or an occupational disease which had occurred previously in Party B or had been confirmed previously under the legislation of Party B; and

• (b) no compensation is due in respect of a further accident at work or occupational disease which had also occurred in Party B or also been confirmed subsequently under the legislation of Party B.

ARTICLE 37

Exchange of information between the Parties and advance payments in the event of an appeal

• (1) In the event of an appeal against a decision to refuse a claim for a benefit for accidents at work and occupational diseases to a person, taken by the relevant authority of one Party (Party A) under whose legislation the person concerned pursued an activity as an employed person likely to have caused the occupational disease in question, that relevant authority shall inform the relevant authority of the other Party (Party B) of such appeal and shall subsequently inform it when a final decision is reached.

• (2) Where a person is entitled to such benefit under the legislation of Party B, that Party shall make advance payments of the benefit in accordance with the legislation of that Party. The relevant authority of Party A shall reimburse to Party B the amount of advance payments made if, as a result of the appeal, it is obliged to provide those benefits. Party A shall then deduct that amount from the benefits due under its legislation to the person concerned.

SECTION 4

FAMILY BENEFITS

ARTICLE 38

Responsibility for payment of family benefits

• (1) A person, other than a pensioner, shall be entitled to family benefits in accordance with the legislation applied by a Party where it is competent for the payment of such benefits, including for any members of the family residing in the other Party, as if they were residing in the former Party.

• (2) A pensioner shall be entitled to family benefits in accordance with the legislation applied by the Party which is competent for paying the pension (Party A), including for any members of the family residing in the other Party (Party B) as if they were residing in Party A.

ARTICLE 39

Priority rules where both Parties’ legislation applies

• (1) Priority rules in this Article apply to determine which Party pays family benefits where during the same period and for the same family members a person (including a pensioner) is entitled to such benefits under the legislation of both Parties.

• (2) Where such benefits are payable by both Parties on a different basis, the order of priority shall be decided on the basis of rights:

• (a) available on the basis of an activity as an employed or self-employed person;

• (b) available on the basis of receipt of a pension; and

• (c) obtained on the basis of residence.

• (3) Where such benefits are payable by both Parties on the same basis, the order of priority shall be decided by reference to the following criteria:

• (a) in the case of rights available on the basis of an activity as an employed or self-employed person, the Party of residence of the child or children in respect of whom benefits are paid;

• (b) in the case of rights available on the basis of receipt of pensions, the Party of residence of the child or children in respect of whom benefits are paid.

• (c) in the case of rights available on the basis of residence, the Party of residence of the child or children in respect of whom benefits are paid.

• (4) Where such benefits are payable by both Parties, they shall be paid by the Party having priority in accordance with paragraphs (1) to (3) (the Party with priority), and the following rules shall apply:

• (a) entitlement to family benefits under the legislation applying to the other Party shall be suspended up to the amount provided by the Party with priority and a differential supplement shall, if necessary, be provided by the other Party for the sum which exceeds this amount;

• (b) but where entitlement to family benefits is based on residence only, and whichever Party has priority, no differential supplement is payable for a child or children residing in the other Party.

• (5) Where the order of priority cannot be established on the basis of the child or children’s place of residence in accordance with paragraphs (3)(a) and (b), the Party whose legislation provides for the higher level of benefits (Party A) shall pay the full amount of such benefits on a provisional basis. The payment shall be made taking into account any children not residing in Party A. Party A shall then be reimbursed by the other Party (Party B) half the sum it has paid up to the limit of the amount provided for in the legislation of Party B.

• (6) Where a claim is made to the Party whose legislation is applicable but not by priority right in accordance with paragraphs (1) to (3) (Party A):

• (a) the relevant authority of Party A shall send the claim, without delay, to the relevant authority of the other Party (Party B), inform the person concerned and, without prejudice to Article 63(1), provide, if necessary, the differential supplement mentioned in paragraph (4);

• (b) the relevant authority of Party B will deal with this claim as though it had been submitted to it in the first instance, and the date on which the claim was submitted to the relevant authority of Party A shall be treated as the date on which it was received by Party B.

ARTICLE 40

Provisional award of family benefits

• (1) Where family benefits are payable by both Parties, but no decision has been made on how the priority rules in Article 39(1) to (3) apply to a particular claim, the following rules shall apply:

• (a) the Party to whom the claim is sent in the first instance (Party A) shall take a provisional decision on the claim by applying the rules in Article 39(1) to (3) without delay;

• (b) if Party A decides that the other Party (Party B) is competent to pay such benefits, it will forward the application without delay to the relevant authority of Party B and inform the person concerned;

• (c) if Party B does not determine how the rules in Article 39(1) to (3) apply in relation to the claim within two months of receipt of the claim, Party A’s decision in sub-paragraph (b) stands and Party B shall pay the benefits.

• (2) Where paragraph (1)(a) and (b) apply and Party B does not agree that it is competent for paying family benefits by priority right, for the purpose of Article 63(2) “their Party of residence” means the Party where the child or children reside.

• (3) Where under Article 62 it is established that the Party who paid benefits on a provisional basis is not the Party competent for payment of these benefits, and it has paid an amount that is higher than the amount which it was required under its legislation to pay, it may claim reimbursement of the excess from the other Party.

ARTICLE 41

Rules to be applied where the applicable legislation and/or competence to pay family benefits changes

• (1) Paragraph (2) applies where the applicable legislation or the competence to pay family benefits changes as between the Parties in accordance with Articles 38 and 39 during a calendar month.

• (2) The following rules shall apply:

• (a) the Party which has paid family benefits at the beginning of that month shall continue to do so until the end of that month;

• (b) sub-paragraph (a) takes precedence over any payment dates that apply in the legislation of the Parties;

• (c) the relevant authority making the payment in accordance with sub-paragraph (a) shall inform the relevant authority of the other Party of the date on which it ceases to pay the relevant family benefits.

ARTICLE 42

Additional provisions

• (1) Where a person is entitled to family benefits under the legislation of the Party competent for payment of such benefits, but has not acquired a right to payment of special family benefits under that legislation, special family benefits will be paid:

• (a) by the Party which, under Articles 38 and 39, is competent for paying family benefits;

• (b) in addition to any other family benefits to which a person is entitled under the legislation of either Party.

• (2) Family benefits paid in the form of pensions or supplements to pensions shall be provided and calculated in accordance with Section 2 of Part IV.

SECTION 5

DEATH GRANTS

ARTICLE 43

Death grant

• (1) Where a person (other than a pensioner), or a member of their family, dies in the Party which is not competent for the payment of death grants, their death shall be treated as if it had occurred in the competent Party.

• (2) Where a pensioner, who was entitled to a pension under the legislation of one or both Parties, or a member of their family dies, the Party competent for the payment of benefits under Article 20 shall also be competent for the payment of death grants.

• (3) Where a person or a member of their family dies, the competent Party shall pay the death grant under the legislation it applies, even if the person entitled to it resides in the other Party.

• (4) This Article shall also apply when the death is the result of an accident at work or an occupational disease.

PART V MISCELLANEOUS PROVISIONS

SECTION 1

PRINCIPLES

ARTICLE 44

Collection of contributions and recovery of benefits

• (1) Collection of contributions due to one Party and recovery of overpaid or wrongly paid benefits provided by one Party may be effected in the other Party in accordance with the procedures and with the guarantees and privileges applicable in relation to similar claims arising in the latter Party.

• (2) Enforceable decisions of the judicial and administrative authorities relating to the collection of contributions, interest and any other charges or to the recovery of overpaid or wrongly paid benefits in one Party shall be recognised and enforced at the request of the relevant authority in the other Party, to the extent that the laws of the latter Party allow and within the limits and in accordance with the procedures laid down by the legislation and any other procedures applicable to similar decisions of that Party. Such decisions shall be declared enforceable in the latter Party in so far as the legislation and any other procedures of that Party so require.

• (3) Claims of a relevant authority of one Party shall in enforcement, bankruptcy or settlement proceedings in the other Party enjoy the same privileges as the legislation of the latter Party accords to similar claims.

ARTICLE 45

Offsetting provisions

For the purposes of applying Article 44, and within the framework set out in this Convention, the recovery of claims shall, wherever possible, be effected by way of offsetting either between the relevant authorities of the Party concerned, or vis-à-vis the individual or entity concerned in accordance with Article 47. If it is not possible to recover all or any of the claim via this offsetting procedure, the remainder of the amount due shall be recovered in accordance with Articles 48 to 58. No costs are payable between the Parties where the claim is recovered through this offsetting procedure.

ARTICLE 46

Rights of institutions

• (1) This paragraph applies where a person receives benefits under the legislation of one Party (Party A) in respect of an injury resulting from events occurring in the other Party (Party B).

• (2) Where paragraph (1) applies and the relevant authority of Party A has a direct right against a third party which is liable to provide compensation to the person for the injury, Party B shall recognise such right.

• (3) Where paragraph (1) applies, the provisions of the legislation of Party A which determine the cases in which the civil liability of employers or of their employees is to be excluded shall apply with regard to the person or to the relevant authority of Party A.

• (4) Paragraph (2) shall also apply to any rights of the relevant authority of Party A against employers or their employees in cases where their liability is not excluded.

SECTION 2

Offsetting

ARTICLE 47

Benefit overpayments

• (1) If a Party (Party A) has overpaid an amount of benefit to a person, Party A may, within the terms and limits laid down in the legislation applying in that Party, request that the other Party (Party B) deduct the overpaid amount from arrears or on-going payments of benefit (whether of the same or a different type) payable by that Party to the person concerned. Party B shall deduct the amount subject to the conditions and limits applying to this kind of offsetting procedure under the legislation it applies in the same way as if it had made the overpayment itself, and shall transfer the amount deducted to Party A.

• (2) By way of derogation from paragraph (1), if Party A has overpaid an amount of a pension to a person, Party A may request that the relevant authority of Party B deduct the overpaid amount from the arrears of a benefit of the same type payable by that Party to the person concerned. After Party B has informed Party A of these arrears, Party A shall within two months inform Party B of the amount of the overpayment. If Party B receives that communication within such time, it shall deduct the amount, subject to the conditions and limits applying to this kind of offsetting procedure under the legislation it applies, in the same way as if it had made the overpayment itself, and shall transfer the amount deducted to Party A. If such time elapses without having received such communication, Party B shall without delay pay the arrears to the person concerned.

• (3)
• (a) If a person has received social assistance in one Party (Party A) during a period in which they were entitled to benefits under the legislation of the other Party (Party B) and Party A is entitled under its own legislation to recover an amount of social assistance paid to such person, Party A shall request that Party B deduct such amount of social assistance from the arrears or ongoing payments of benefit payable by Party B to the person concerned.

• (b) Sub-paragraph (a) shall apply in the same way, subject to necessary adjustments, to any member of a person’s family who has received social assistance from one Party during a period in which the person was entitled to benefits under the legislation of the other Party in respect of that member of their family.

• (c) The relevant authority of a Party which has overpaid an amount of social assistance to a person (Party A) shall send a statement of the overpaid amount to the relevant authority of the other Party (Party B). Party B shall then deduct the amount in accordance with sub-paragraph (a), subject to the conditions and limits laid down for this kind of offsetting procedure in accordance with the legislation it applies, and transfer the amount without delay to Party A.

SECTION 3

Recovery

ARTICLE 48

Definitions and common provisions

• (1) For the purposes of this Section:

• (a) “claim” means all claims relating to contributions or to benefits overpaid or wrongly paid, including interest, fines, administrative penalties and all other charges and costs connected with the claim in accordance with the legislation of the Party making the claim;

• (b) “Party A” means the Party which makes a request under this Section;

• (c) “Party B” means the Party to which a request is made under this Section.

• (2) The relevant authorities of the Parties may agree a minimum amount of a claim for which a request for recovery may be made.

ARTICLE 49

Requests for information

At the request of Party A, Party B shall provide any information which would be useful to Party A in the recovery of its claim, using such powers as are available to it under the laws of Party B to obtain such information, and provided that Party B shall not be obliged to supply information which it would not be able to obtain for the purpose of recovering similar claims arising in that Party, or which would disclose any commercial, industrial or professional secrets or be contrary to its law or public policy.

ARTICLE 50

Notification to the addressee

At the request of Party A, Party B shall in accordance with its laws, notify the addressee specified by Party A of all instruments and decisions, including those of a judicial nature, which come from Party A and which relate to a claim and/or to its recovery. Party B shall subsequently inform Party A of the date on which the decision or instrument was notified to the addressee.

ARTICLE 51

Request for recovery

• (1) At the request of Party A, Party B shall recover claims that are the subject of an instrument permitting enforcement issued by Party A to the extent permitted by and in accordance with the laws in force in Party B.

• (2) Party A may only make a request for recovery if:

• (a) it also provides to Party B an official or certified copy of the instrument permitting enforcement of the claim in Party A;

• (b) the claim and/or instrument permitting its enforcement are not disputed in that Party;

• (c) it has, in that Party, applied appropriate recovery procedures available to it on the basis of the instrument permitting enforcement, and the measures taken will not result in the payment in full of the claim;

• (d) the period of limitation according to the laws in force in Party A has not expired.

ARTICLE 52

Instrument permitting enforcement of the recovery

• (1) Any instrument permitting enforcement of the claim in Party A shall be directly recognised and treated automatically as an instrument permitting the enforcement of that claim in Party B, to the extent that the laws of Party B allow.

• (2) Notwithstanding paragraph (1), the instrument permitting enforcement of the claim may, where appropriate and in accordance with the provisions in force in Party B, be accepted as, recognised as, supplemented with, or replaced by an instrument permitting enforcement in that Party. Within three months of the date of receipt of the request for recovery, the relevant authority shall endeavour to complete the acceptance, recognition, supplementing or replacement, except in cases where paragraph (3) applies. The relevant authorities may not refuse to complete these actions where the instrument permitting enforcement is properly drawn up. Party B shall inform Party A of the grounds for exceeding the threemonth period.

• (3) If any of these actions should give rise to a dispute in connection with the claim and/or the instrument permitting enforcement issued by Party A, Article 54 shall apply.

ARTICLE 53

Payment arrangements

• (1) Claims shall be recovered in the currency of Party B.

• (2) Interest (if any) shall be charged under the laws in force in Party B from the date of receipt by Party B of the request for recovery.

• (3) The entire amount of the claim that is recovered by Party B (including any interest) shall be remitted by Party B to Party A.

ARTICLE 54

Dispute concerning the claim or the instrument permitting its enforcement or regarding enforcement measures

• (1) If, in the course of the recovery procedure, the claim and/or the instrument permitting its enforcement issued in Party A are contested by an interested party:

• (a) the action shall be brought by the interested party before the appropriate authorities in Party A, in accordance with the laws in force in Party A;

• (b) Party A shall without delay notify Party B of this action;

• (c) as soon as Party B has received notification of the action, it shall suspend the enforcement procedure pending the decision of the appropriate authority;

• (d) where the appropriate authority is a judicial or administrative tribunal, the decision of that tribunal, insofar as it permits recovery of the claim in Party A, shall constitute the “instrument permitting enforcement” within the meaning of Article 52 and the recovery of the claim shall proceed on the basis of that decision.

• (2) Where the dispute concerns enforcement measures taken in Party B, the action shall be brought before the appropriate authority in Party B in accordance with the laws in force in Party B.

ARTICLE 55

Limits applying to assistance by Party B

Party B shall not be obliged:

• (a) to grant assistance with recovery of a claim if it would create serious economic or social difficulties in Party B, insofar as the laws in force in Party B allow it to refrain from taking such action for similar national claims;

• (b) to grant assistance with a request for information, notification or recovery of a claim, if the initial request applies to claims more than five years old, dating from the date the instrument permitting the recovery was established in accordance with the laws in force in Party A. If the claim or instrument is contested, the time limit begins from the date it is established that the claim or the instrument may no longer be contested.

ARTICLE 56

Periods of limitation in respect of enforcement action

Questions concerning periods of limitation of a claim and/or instrument permitting enforcement shall be governed by the laws in force in Party A, insofar as they concern the claim and/or the instrument permitting its enforcement, and by the laws in force in Party B, insofar as they concern enforcement measures in Party B.

ARTICLE 57

Precautionary measures

• (1) At the request of Party A, Party B shall take precautionary measures intended to ensure recovery of a claim in so far as the laws in force in Party B so permit.

• (2) For the purposes of this Article, the provisions and procedures laid down in Articles 51 to 52 and 54 to 55 shall apply in the same way with all necessary adjustments.

ARTICLE 58

Costs related to recovery

• (1) In respect of any assistance provided for under Articles 49 to 51 and 57, Party B shall not make any charge to Party A unless otherwise agreed, but may recover and retain any costs incurred linked to the recovery, from the person concerned.

• (2) Party A shall remain liable to Party B for any costs and losses incurred, as a result of actions that are held to be unfounded.

ARTICLE 59

Arrangements for administration and co-operation

• (1) The Parties shall establish the administrative arrangements necessary for the application of this Convention and shall comply with those arrangements.

• (2) The Parties shall communicate to each other, in a timely manner, all information about the measures taken by them for the application of this Convention and about changes in their national legislation in so far as these changes affect the application of this Convention.

• (3) The relevant authorities of the Parties shall assist one another on any matter relating to the application of this Convention as if the matter were one affecting the application of their own legislation. This assistance shall be free of charge.

• (4) The relevant authorities of the Parties may, for the purposes of this Convention, communicate directly with one another and with the persons covered by this Convention or their representatives.

• (5) The relevant authorities and the persons covered by this Convention shall have a duty of mutual information and co-operation to ensure the correct application of this Convention. The relevant authorities, in accordance with the principle of good administration, shall respond to all queries (unless otherwise specified) within a reasonable period of time and shall in this connection provide the persons concerned with any information required for exercising the rights conferred on them by this Convention.

• (6) Where any benefit is payable under the legislation of one Party to a person in the other Party, arrangements for the payment may, in exceptional circumstances, be made by the latter Party, at the request of the former Party, and the former Party shall reimburse the latter Party on the basis of the actual amount of the benefit paid.

• (7) Where a person in one Party (Party A) has claimed or is receiving benefit under the legislation of the other Party (Party B) and a medical examination is necessary, the relevant authority of Party A, at the request of the relevant authority of Party B, shall arrange for this examination. The cost of such examination may be met by Party A. The report of the examination shall be forwarded without delay by the relevant authority of Party A to the relevant authority of Party B.

• (8) Where the legislation of one Party provides that any certificate or other document which is submitted under the legislation of that Party shall be exempt, wholly or partly, from any taxes, legal dues, consular fees or administrative charges, that exemption shall apply to any certificate or other document which is submitted under the legislation of the other Party or in accordance with this Convention.

• (9) All statements, documents and certificates of any kind required to be produced for the purposes of this Convention shall be exempt from authentication by diplomatic or consular authorities.

• (10) Documents issued by a relevant authority of one Party showing the position of a person for the purposes of the application of this Convention and supporting evidence on the basis of which such documents have been issued shall be accepted by the relevant authority of the other Party for as long as they have not been withdrawn or declared to be invalid by the Party in which they were issued.

• (11) A relevant authority of one Party shall not reject a certificate, document or statement of any kind written in an official language of the other Party on the grounds that it is written in a language which is not an official language of that Party.

• (12) If one Party (Party A) communicates personal data or information to the other Party (Party B) in accordance with, and for the purposes of, this Convention, such communication shall be subject to the data protection laws applicable in Party A. Unless disclosure is required under the laws of a Party, such data and information shall be treated as confidential and shall only be used by Party B for the purpose of applying this Convention and the legislation to which it applies. Its storage, alteration and destruction by either Party shall be subject to the data protection laws of that Party.

• (13) The Parties shall without delay provide or exchange all data necessary for establishing and determining the rights and obligations of persons under this Convention and for the administration or enforcement of the Convention.

• (14) The Parties may, in a particular case, agree procedures other than or in addition to those provided for by this Convention or the administrative arrangements provided for in paragraph (1), provided that such procedures do not adversely affect the rights or obligations of any individual or individuals concerned.

ARTICLE 60

Submission of claim or appeal

• (1) Any claim, declaration, request for review or reconsideration of a decision (including information or documents relating to any of those), which is submitted by a person to the relevant authority of a Party (Party A), in the case where it should for the purposes of the legislation of the other Party (Party B), have been submitted to the relevant authority of that Party, shall be treated as if it had been submitted to the relevant authority of Party B. In such a case the relevant authority of Party A shall forward the request for review or reconsideration without delay to the relevant authority of Party B.

• (2) The date on which such a claim, declaration, request or reconsideration was submitted to the relevant authority of Party A shall be considered as the date of submission to the relevant authority of Party B.

• (3) By way of derogation from paragraph (2), if a person who is employed or resides in one Party does not, despite having been asked to do so, notify the fact that they have been employed or have resided in the other Party, the date on which the person provides this information or submits a new claim for missing periods of employment and/or residence in a Party shall be considered as the date of submission of the claim to that Party, subject to more favourable provisions of that legislation.

ARTICLE 61

Currency and method of payment

• (1) Payment of any benefit in accordance with this Convention may be made in the currency of the Party which is competent for making such payment and any such payment shall constitute a full discharge of the obligation in respect of which payment has been made.

• (2) Where one Party (Party A) has made a payment of benefit on behalf of the other Party (Party B), in accordance with Article 59(6), any reimbursement of the amounts paid by Party A shall be in the currency of Party B.

• (3) For the purposes of applying this Convention, the exchange rate between the currencies of the Parties shall be the reference rate published by the European Central Bank. The rules for the date to be taken into account for determining the exchange rate shall be agreed between the Parties.

• (4) Where a person in one Party is receiving benefit under the legislation of the other Party, it shall be payable by whatever method the relevant authority of the latter Party deems appropriate.

ARTICLE 62

Resolution of disputes

• (1) The Parties shall make all reasonable efforts to resolve between them any dispute about the interpretation or application of this Convention.

• (2) If any dispute cannot be resolved in accordance with paragraph (1) it shall be submitted, at the request of either Party, to an arbitration tribunal which shall be constituted in the following manner:

• (a) each Party shall appoint an arbitrator within one month from receipt of the demand for arbitration. The two arbitrators shall appoint a third arbitrator, who shall not be a national of either Party, within two months from the date on which the Party which was the last to appoint its arbitrator has notified the other Party of the appointment;

• (b) if within the prescribed period either Party should fail to appoint an arbitrator, the other Party may request the President of the International Court of Justice or, in the event of their having the nationality of one of the Parties, the Vice-President or next senior judge of that Court not having the nationality of either Party, to make the appointment. A similar procedure shall be adopted at the request of either Party if the two arbitrators cannot agree on the appointment of the third arbitrator.

• (3) The decision of the arbitration tribunal, which shall be binding on both Parties, shall be by majority vote. The arbitration tribunal shall determine its own rules of procedure, and its costs shall be agreed with the two Parties and borne equally by them.

ARTICLE 63

Provisional application of legislation and provisional granting of benefits

• (1) Unless otherwise provided for in this Convention, where there is a difference of views between the Parties concerning the determination of the legislation applicable to a person, the person concerned shall be made provisionally subject to the legislation of one of the Parties, the order of priority being determined as follows:

• (a) the legislation of the Party where the person pursues their activity as an employed person or self-employed person, if such activity is pursued in only one Party;

• (b) the legislation of the Party of residence if the person concerned pursues activity as an employed person or self-employed person in both Parties, or if the person concerned has no such activity in either Party.

• (2) Where there is a difference of views between the Parties as to which is competent for payment of a benefit to a person who has made a claim, they shall be entitled, on a provisional basis, to such benefits under the legislation of their Party of residence.

• (3) Where a difference of views arises under paragraph (1) or (2), the Parties shall seek to resolve the difference without delay. Where no agreement is reached between the Parties, the matter shall be submitted, at the request of either Party, to an arbitration tribunal in accordance with Article 62.

• (4) Where in accordance with paragraph (1) or (2), a determination is made that a Party is provisionally competent or its legislation is provisionally applicable, and it is subsequently determined that in fact the other Party is competent or its legislation is applicable, that latter Party shall be deemed to have been competent or its legislation applicable as if the difference of views had not existed, from the later of either the date from which the person was made provisionally subject to the former Party’s legislation or the date of the first provisional payment of the benefit concerned.

• (5) If necessary, the Parties shall between themselves settle the financial situation of the person concerned as regards contributions received and benefits paid provisionally, where appropriate, in accordance with Articles 45 to 58. Any deadline agreed between the Parties for settlement of such claims shall not start before the competent Party has been identified.

ARTICLE 64

Provisional calculation of benefits and contributions

• (1) Unless otherwise provided for in this Convention, where a person is eligible for a benefit, or is liable to pay a contribution, and the relevant authority does not have all the information concerning the situation in the other Party which is necessary to calculate definitively the amount of that benefit or contribution, that relevant authority may award the benefit or calculate the contribution on a provisional basis, where such calculation is possible on the basis of the information at its disposal.

• (2) The benefit or the contribution concerned shall be recalculated once all the necessary supporting evidence or documents are provided to the relevant authority.

PART VI TRANSITIONAL AND FINAL PROVISIONS

ARTICLE 65

Entry into force

The Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland shall notify each other in writing when the necessary internal procedures for entry into force have been completed. This Convention shall enter into force on the date of the later of such notifications.

ARTICLE 66

Duration of the Convention

This Convention shall remain in force for an indefinite period. The Government of Ireland or the Government of the United Kingdom of Great Britain and Northern Ireland may denounce it at any time by giving 6 months’ notice in writing to the other Party.

ARTICLE 67

Rights on termination of this Convention not replaced by another

In the event of the termination of this Convention, and unless a new Convention containing provisions regulating the matter is made, any right to benefit acquired by a person in accordance with this Convention shall be maintained and negotiations shall take place for the settlement of any other rights then in course of acquisition by virtue of those provisions.

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

Done in duplicate at Dublin this 1^st day of February 2019.

For the Government of Ireland	For the Government of the United Kingdom of Great Britain and Northern Ireland
John McKeon	Ronan O’Connor

GIVEN under my Official Seal,

31 December, 2020.

HEATHER HUMPHREYS,

Minister for Social Protection.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

This Order gives effect to the Convention on social security made between Ireland and the United Kingdom, which comes into effect following the withdrawal of the United Kingdom from the European Union. The Order provides that the Social Welfare Acts and relevant Regulations will be modified to take account of the provisions of the Agreement.

The primary purpose of the Agreement is to ensure that all the existing arrangements with regard to the recognition of and access to social insurance entitlements will be maintained in both jurisdictions under the Common Travel Area arrangements.

The Agreement provides that periods of insurance or residence in one State may be taken into account, where necessary, by the other State in order to qualify for certain benefits and pensions.

In the case of Ireland the Agreement covers illness benefit, health and safety benefit, carers benefit, treatment benefit, maternity benefit, adoptive benefit, paternity benefit, partial capacity benefit, invalidity pension, State pension (contributory), widow’s, widower’s or surviving civil partners (contributory) pension, guardian’s payment (contributory), occupational injuries benefit, widowed or surviving civil partners grant, jobseeker’s benefit, guardian’s payment (non-contributory), one parent family payment, domiciliary care allowance, child benefit, back to work family dividend, working family payment.

The Agreement also contains provisions which allow workers in one State who are sent temporarily by an employer to work in the territory of the other State, to remain attached to the social security system of the first State for a period of 24 months.