The Social Security (Iceland) (Liechtenstein) (Norway) Order (Northern Ireland) 2023

• (4) Where the calculation pursuant to paragraph(1)(a) in one State invariably results in the independent benefit being equal to or higher than the pro rata benefit, calculated in accordance with paragraph(1)(b), the competent institution shall waive the pro rata calculation, provided that:

• (a) such a situation is set out in Part1 of Annex5;

• (b) no legislation containing rules against overlapping, as referred to in Articles53 to 54, is applicable unless the conditions laid down in Article54(2) are fulfilled; and

• (c) Article56 is not applicable in relation to periods completed under the legislation of another State in the specific circumstances of the case.

• (5) Notwithstanding paragraphs(1), (2) and(3), the pro rata calculation shall not apply to schemes providing benefits in respect of which periods of time are of no relevance to the calculation, subject to such schemes being listed in Part 2 of Annex 5. In such cases, the person concerned shall be entitled to the benefit calculated in accordance with the legislation of the State concerned.

ARTICLE 52 Rules to prevent overlapping

• (1) Any overlapping of old-age and survivors’ benefits calculated or provided on the basis of periods of insurance or residence completed by the same person shall be considered to be overlapping of benefits of the same kind.

• (2) Overlapping of benefits which cannot be considered to be of the same kind within the meaning of paragraph(1) shall be considered to be overlapping of benefits of a different kind.

• (3) The following provisions shall be applicable for the purposes of rules to prevent overlapping laid down by the legislation of a State in the case of overlapping of a benefit in respect of old-age or survivors with a benefit of the same kind or a benefit of a different kind or with other income:

• (a) the competent institution shall take into account the benefits or incomes acquired in another State only where the legislation it applies provides for benefits or income acquired abroad to be taken into account;

• (b) the competent institution shall take into account the amount of benefits to be paid by another State before deduction of tax, social security contributions and other individual levies or deductions, unless the legislation it applies provides for the application of rules to prevent overlapping after such deductions, under the conditions and the procedures laid down in Annex1;

• (c) the competent institution shall not take into account the amount of benefits acquired under the legislation of another State on the basis of voluntary insurance or continued optional insurance;

• (d) if a single State applies rules to prevent overlapping because the person concerned receives benefits of the same or of a different kind under the legislation of other States or income acquired in other States, the benefit due may be reduced solely by the amount of such benefits or such income.

ARTICLE 53 Overlapping of benefits of the same kind

• (1) Where benefits of the same kind due under the legislation of two or more States overlap, the rules to prevent overlapping laid down by the legislation of a State shall not be applicable to a pro rata benefit.

• (2) The rules to prevent overlapping apply to an independent benefit only if the benefit concerned is:

• (a) a benefit the amount of which does not depend on the duration of periods of insurance or residence; or

• (b) a benefit the amount of which is determined on the basis of a credited period deemed to have been completed between the date on which the risk materialised and a later date, overlapping with:

• (i) a benefit of the same type, except where an agreement has been concluded between two or more States to avoid the same credited period being taken into account more than once; or

• (ii) a benefit referred to in sub-paragraph (a).

The benefits and agreements referred to in sub-paragraphs (a) and(b) are listed in Annex6.

ARTICLE 54 Overlapping of benefits of a different kind

• (1) If the receipt of benefits of a different kind or other income requires the application of the rules to prevent overlapping provided for by the legislation of the States concerned regarding:

• (a) two or more independent benefits, the competent institutions shall divide the amounts of the benefit or benefits or other income, as they have been taken into account, by the number of benefits subject to the said rules; however, the application of this sub-paragraph cannot deprive the person concerned of their status as a pensioner for the purposes of the other chapters of this Title under the conditions and the procedures laid down in Annex1;

• (b) one or more pro rata benefits, the competent institutions shall take into account the benefit or benefits or other income and all the elements stipulated for applying the rules to prevent overlapping as a function of the ratio between the periods of insurance and/or residence established for the calculation referred to in Article 51(1)(b)(ii);

• (c) one or more independent benefits and one or more pro rata benefits, the competent institutions shall apply mutatis mutandis sub-paragraph (a) as regards independent benefits and sub-paragraph (b) as regards pro rata benefits.

• (2) The competent institution shall not apply the division stipulated in respect of independent benefits, if the legislation it applies provides for account to be taken of benefits of a different kind or other income and all other elements for calculating part of their amount determined as a function of the ratio between periods of insurance and/or residence referred to in Article 51(1)(b)(ii).

• (3) Paragraphs(1) and(2) apply mutatis mutandis where the legislation of one or more States provides that a right to a benefit cannot be acquired in the case where the person concerned is in receipt of a benefit of a different kind, payable under the legislation of another State, or of other income.

ARTICLE 55 Additional provisions for the calculation of benefits

• (1) For the calculation of the theoretical and pro rata amounts referred to in Article 51(1)(b), the following rules apply:

• (a) where the total length of the periods of insurance and/or residence completed before the risk materialised under the legislations of all the States concerned is longer than the maximum period required by the legislation of one of these States for receipt of full benefit, the competent institution of that State shall take into account this maximum period instead of the total length of the periods completed; this method of calculation shall not result in the imposition on that institution of the cost of a benefit greater than the full benefit provided for by the legislation it applies. This provision shall not apply to benefits the amount of which does not depend on the length of insurance;

• (b) the procedure for taking into account overlapping periods is laid down in Annex 1;

• (c) if the legislation of a State provides that the benefits are to be calculated on the basis of incomes, contributions, bases of contributions, increases, earnings, other amounts or a combination of more than one of them (average, proportional, fixed or credited), the competent institution shall:

• (i) determine the basis for calculation of the benefits in accordance only with periods of insurance completed under the legislation it applies;

• (ii) use, in order to determine the amount to be calculated in accordance with the periods of insurance and/or residence completed under the legislation of the other States, the same elements determined or recorded for the periods of insurance completed under the legislation it applies;

where necessary in accordance with the procedures laid down in Annex7 for the State concerned;

• (d) in the event that sub-paragraph (c) is not applicable because the legislation of a State provides for the benefit to be calculated on the basis of elements other than periods of insurance or residence which are not linked to time, the competent institution shall take into account, in respect of each period of insurance or residence completed under the legislation of any other State, the amount of the capital accrued, the capital which is considered as having been accrued or any other element for the calculation under the legislation it administers divided by the corresponding units of periods in the pension scheme concerned.

• (2) The provisions of the legislation of a State concerning the revalorisation of the elements taken into account for the calculation of benefits apply, as appropriate, to the elements to be taken into account by the competent institution of that State, in accordance with paragraph(1), in respect of the periods of insurance or residence completed under the legislation of other States.

ARTICLE 56 Periods of insurance or residence of less than one year

• (1) Notwithstanding Article 51(1)(b), the institution of a State shall not be required to provide benefits in respect of periods completed under the legislation it applies which are taken into account when the risk materialises, if:

• (a) the duration of the said periods is less than one year; and

• (b) taking only these periods into account no right to benefit is acquired under that legislation.

For the purposes of this Article, “periods” shall mean all periods of insurance, employment, self-employment or residence which either qualify for, or directly increase, the benefit concerned.

• (2) The competent institution of each of the States concerned shall take into account the periods referred to in paragraph(1), for the purposes of Article 51(1)(b)(i).

• (3) If the effect of applying paragraph(1) would be to relieve all the institutions of the States concerned of their obligations, benefits shall be provided exclusively under the legislation of the last of those States whose conditions are satisfied, as if all the periods of insurance and residence completed and taken into account in accordance with Article10 and Article 50(1) to (3) had been completed under the legislation of that State.

• (4) This Article does not apply to schemes listed in Part 2 of Annex 5.

ARTICLE 57 Recalculation and revaluation of benefits

• (1) If the method for determining benefits or the rules for calculating benefits are altered under the legislation of a State, or if the personal situation of the person concerned undergoes a relevant change which, under that legislation, would lead to an adjustment of the amount of the benefit, a recalculation shall be carried out in accordance with Article 51.

• (2) On the other hand, if, by reason of an increase in the cost of living or changes in the level of income or other grounds for adjustment, the benefits of the State concerned are altered by a percentage or fixed amount, such percentage or fixed amount shall be applied directly to the benefits determined in accordance with Article 51, without the need for a recalculation.

CHAPTER 6 UNEMPLOYMENT BENEFITS

ARTICLE 58 Special provisions on aggregation of periods of insurance, employment or self-employment

• (1) The competent institution of a State whose legislation makes the acquisition, retention, recovery or duration of the right to benefits conditional upon the completion of either periods of insurance, employment or self-employment shall, to the extent necessary, take into account periods of insurance, employment or self-employment completed under the legislation of any other State as though they were completed under the legislation it applies.

However, when the applicable legislation makes the right to benefits conditional on the completion of periods of insurance, the periods of employment or self-employment completed under the legislation of another State shall not be taken into account unless such periods would have been considered to be periods of insurance had they been completed in accordance with the applicable legislation.

• (2) The application of paragraph(1) of this Article shall be conditional on the person concerned having the most recently completed, in accordance with the legislation under which the benefits are claimed:

• (a) periods of insurance, if that legislation requires periods of insurance;

• (b) periods of employment, if that legislation requires periods of employment; or

• (c) periods of self-employment, if that legislation requires periods of self-employment.

ARTICLE 59 Calculation of unemployment benefits

• (1) Where the calculation of unemployment benefits is based on the amount of the previous salary or professional income of the person concerned, the competent State shall take into account the salary or professional income received by the person concerned based exclusively on their last activity as an employed or self-employed person under the legislation of the competent State.

• (2) Where the legislation applied by the competent State provides for a specific reference period for the determination of the salary or professional income used to calculate the amount of benefit, and the person concerned was subject to the legislation of another State for all or part of that reference period, the competent State shall only take into account the salary or professional income received during their last activity as an employed or self-employed person under that legislation.

TITLE IV MISCELLANEOUS PROVISIONS

ARTICLE 60 Cooperation

• (1) The competent authorities of the States shall notify the Joint Administrative Committee of any changes to their legislation as regards the branches of social security covered by Article 6 which are relevant to or may affect the implementation of this Convention.

• (2) The competent authorities of the States shall communicate to each other measures taken to implement this Convention that are not notified under paragraph (1) and that are relevant for the implementation of the Convention.

• (3) For the purposes of this Convention, the competent authorities and institutions of the States shall lend one another their good offices and act as though implementing their own legislation. The administrative assistance given by the said competent authorities and institutions shall, as a rule, be free of charge. However, the Joint Administrative Committee shall establish the nature of reimbursable expenses and the limits above which their reimbursement is due.

• (4) The competent authorities and institutions of the States may, for the purposes of this Convention, communicate directly with one another and with the persons involved or their representatives.

• (5) The competent authorities, institutions and persons covered by this Convention shall have a duty of mutual information and cooperation to ensure the correct implementation of this Convention.

• (6) The competent authorities and institutions, in accordance with the principle of good administration, shall respond to all queries 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.

• (7) The persons concerned must inform the institutions of the competent State and of the State of residence as soon as possible of any change in their personal or family situation which affects their right to benefits under this Convention.

• (8) Failure to respect the requirement referred to in paragraph (7) may result in the application of proportionate measures in accordance with national law. Nevertheless, these measures shall be equivalent to those applicable to similar situations under domestic law and shall not make it impossible or excessively difficult in practice for claimants to exercise the rights conferred on them by this Convention.

• (9) The competent authorities, institutions and tribunals of one State may not reject applications or other documents submitted to them on the grounds that they are written in an official language of another State.

ARTICLE 61 Protection of personal data

• (1) Any personal data received under this Convention shall be protected as such in accordance with the receiving State’s domestic law.

• (2) Any personal data received under this Convention shall be used solely for the purposes of this Convention and in accordance with the domestic law of the receiving State.

• (3) Where one of the States wishes to use or disclose such personal data for other purposes, it shall obtain, in conformity with the domestic law of the State which provided the personal data, the prior written consent of the competent authorities or competent institutions. Such use shall be subject to any restrictions laid down by that authority or institution.

• (4) Where this Convention provides for the transfer of personal data, such transfer shall take place in accordance with the transferring State’s rules on international transfers of personal data. Where needed, each State will make best efforts, while respecting the transferring State’s rules on international transfers of personal data, to establish safeguards necessary for the transfer of personal data.

ARTICLE 62 Confidentiality

• (1) Any information communicated pursuant to this Convention shall be covered by an obligation of professional secrecy and shall enjoy the protections available to similar information subject to those obligations under the domestic law of the receiving State, unless the State which provided the information gives, in conformity with its domestic law, its consent to the disclosure of such information.

• (2) Any information subject to an obligation of professional secrecy that is received under this Convention shall be used solely for the purposes of this Convention and in accordance with the domestic law of the receiving State.

• (3) Where one of the States wishes to use or disclose such information for other purposes, it shall obtain, in conformity with the domestic law of the State which provided the information, the prior written consent of the competent authorities or competent institutions. Such use shall be subject to any restrictions laid down by that authority or institution.

ARTICLE 63 Data processing

• (1) The States shall progressively use new technologies for the exchange, access and processing of the data required to apply this Convention.

• (2) Each State shall be responsible for managing its own part of any electronic exchange.

• (3) An electronic document sent or issued by a competent authority or institution in conformity with this Convention may not be rejected by a competent authority or institution of another State on the grounds that it was received by electronic means, once the receiving institution has declared that it can receive electronic documents. Reproduction and recording of such documents shall be presumed to be a correct and accurate reproduction of the original document or representation of the information it relates to, unless there is proof to the contrary.

• (4) An electronic document shall be considered valid if the computer system on which the document is recorded contains the safeguards necessary in order to prevent any alteration, disclosure, or unauthorised access to the recording. It shall at any time be possible to reproduce the recorded information in an immediately readable form.

ARTICLE 64 Exemptions

• (1) Any exemption from or reduction of taxes, stamp duty, notarial or registration fees provided for under the legislation of one State in respect of certificates or documents required to be produced in application of the legislation of that State shall be extended to similar certificates or documents required to be produced in application of the legislation of another State or of this Convention.

• (2) All statements, documents and certificates of any kind whatsoever required to be produced in application of this Convention shall be exempt from authentication by diplomatic or consular authorities.

ARTICLE 65 Claims, declarations or appeals

Any claim, declaration or appeal which should have been submitted, in application of the legislation of one State, within a specified period to an authority, institution or tribunal of that State shall be admissible if it is submitted within the same period to a corresponding authority, institution or tribunal of another State. In such a case, the authority, institution or tribunal receiving the claim, declaration or appeal shall forward it without delay to the competent authority, institution or tribunal of the former State either directly or through the competent authorities of the States concerned. The date on which such claims, declarations or appeals were submitted to the authority, institution or tribunal of the second State shall be considered as the date of their submission to the competent authority, institution or tribunal.

ARTICLE 66 Medical examinations

• (1) Medical examinations provided for by the legislation of one State may be carried out, at the request of the competent institution, in the territory of another State, by the institution of the place of stay or residence of the person entitled to benefits, under the conditions laid down in Annex 1 or agreed between the competent authorities of the States concerned.

• (2) Medical examinations carried out under the conditions laid down in paragraph(1) shall be considered as having been carried out in the territory of the competent State.

ARTICLE 67 Collection of contributions and recovery of benefits

• (1) Collection of contributions due to an institution of one State and recovery of benefits provided by the institution of one State but not due, may be effected in another State in accordance with the procedures and with the guarantees and privileges applicable to the collection of contributions due to the corresponding institution of the latter and the recovery of benefits provided by it but not due.

• (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 benefits provided but not due under the legislation of one State shall be recognised and enforced at the request of the competent institution in another State within the limits and in accordance with the procedures laid down by the legislation and any other procedures applicable to similar decisions of the latter. Such decisions shall be declared enforceable in that State insofar as the legislation and any other procedures of that State so require.

• (3) Claims of an institution of one State shall in enforcement, bankruptcy or settlement proceedings in another State enjoy the same privileges as the legislation that the latter accords to claims of the same kind.

• (4) The procedure for implementing this Article, including costs reimbursement, shall be governed by Annex 1 or, where necessary and as a complementary measure, by means of agreements between the States.

ARTICLE 68 Rights of institutions

• (1) If a person receives benefits under the legislation of a State in respect of an injury resulting from events occurring in another State, any rights of the institution responsible for providing benefits against a third party liable to provide compensation for the injury shall be governed by the following rules:

• (a) where the institution responsible for providing benefits is, under the legislation it applies, subrogated to the rights which the beneficiary has against the third party, such subrogation shall be recognised by each State;

• (b) where the institution responsible for providing benefits has a direct right against the third party, each State shall recognise such rights.

• (2) If a person receives benefits under the legislation of one State in respect of an injury resulting from events occurring in another State, the provisions of the said legislation which determine the cases in which the civil liability of employers or of their employees is to be excluded apply with regard to the said person or to the competent institution.

Paragraph(1) shall also apply to any rights of the institution responsible for providing benefits against employers or their employees in cases where their liability is not excluded.

• (3) Where, in accordance with Article36(3) or Article 42(2), two or more States or their competent authorities have concluded an agreement to waive reimbursement between institutions under their jurisdiction, or, where reimbursement does not depend on the amount of benefits actually provided, any rights arising against a liable third party shall be governed by the following rules:

• (a) where the institution of the State of residence or stay grants benefits to a person in respect of an injury sustained in its territory, that institution, in accordance with the provisions of the legislation it applies, shall exercise the right to subrogation or direct action against the third party liable to provide compensation for the injury;

• (b) for the application of sub-paragraph (a):

• (i) the person receiving benefits shall be deemed to be insured with the institution of the place of residence or stay, and

• (ii) that institution shall be deemed to be the institution responsible for providing benefits;

• (c) paragraphs(1) and(2) shall remain applicable in respect of any benefits not covered by the waiver agreement or a reimbursement which does not depend on the amount of benefits actually provided.

ARTICLE 69 Implementation of legislation

Special provisions for implementing the legislation of a certain State are referred to in Annex 7 to the Convention.

ARTICLE 70 Establishment and role of the Joint Administrative Committee

• (1) The competent authorities of the States shall establish a committee to be called the Joint Administrative Committee. The Joint Administrative Committee shall comprise representatives of each of the States.

• (2) The Joint Administrative Committee shall be co-chaired by the representatives of the competent authorities of:

• (a) the United Kingdom; and

• (b) one of the EEA EFTA States, on a rotating basis.

• (3) The Joint Administrative Committee may:

• (a) monitor and review the interpretation, implementation and application of this Convention and make recommendations in respect thereof;

• (b) agree administrative arrangements necessary for the application of this Convention;

• (c) provide a forum for the States to exchange information, and discuss best practices and technical issues;

• (d) prepare and maintain an updated list of cash benefits which the competent authorities confirm fall within scope of this Convention as set out in Article 6(2).

• (e) provide a forum to resolve disputes in accordance with Article 71(3) and (4);

• (f) adopt decisions in respect of all matters where this Convention so provides; and

• (g) set rules of procedure for the Joint Administrative Committee.

• (4) The Joint Administrative Committee may, when carrying out its functions, consider guidance issued in relation to other international social security agreements by which any of the States are bound.

• (5) The Joint Administrative Committee shall act by consensus.

• (6) The Joint Administrative Committee shall meet at the request of any State, and, in any event, at least once a year, unless the Joint Administrative Committee decides otherwise. The Joint Administrative Committee’s meeting schedule and agenda shall be set by consensus of the States.

ARTICLE 71 Dispute resolution

• (1) For the purposes of this Article “Concerned State” means one or more State or States to this Convention whose interests are directly affected by a dispute concerning this Convention.

• (2) Concerned States shall make all reasonable efforts to resolve between them all disputes concerning this Convention.

• (3) If a dispute cannot be resolved in accordance with paragraph (2) it shall be submitted by a Concerned State for discussion at the Joint Administrative Committee.

• (4) The Joint Administrative Committee shall provide a forum for States to seek to resolve disputes submitted to it. The Concerned States shall provide it with all information which might be of use in resolving a dispute submitted to it. The Joint Administrative Committee shall examine all possibilities to maintain the good functioning of the Convention.

• (5) If a dispute cannot be resolved following discussion at the Joint Administrative Committee in accordance with paragraphs (3) and (4), it shall be submitted, at the request of a Concerned State, to an arbitration tribunal which shall be constituted in the following manner:

• (a) a Concerned State shall send the request for arbitration to the other Concerned State, and shall notify the States who are not Concerned States;

• (b) the arbitration tribunal shall be composed of three arbitrators;

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

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

• (6) The arbitration tribunal shall determine its own rules of procedure, and its costs shall be agreed with the Concerned States and borne in equal shares by them. These rules may include provision for States other than the Concerned States to be provided with access to, or copies of, any evidence relied upon by any of the Concerned States before the tribunal and any documents sent by the tribunal or a Concerned State to the other.

• (7) The arbitration tribunal shall decide the matter by majority vote. The decision shall be binding on the Concerned States.

ARTICLE 72 Annexes

The Annexes (including any appendices) shall form integral parts of this Convention.

TITLE V FINAL PROVISIONS

ARTICLE 73 Authentic text and depositary

• (1) This Convention is drawn up in a single original in the English language.

• (2) The Government of Norway shall be the Depositary of this Convention.

ARTICLE 74 Entry into force

• (1) The States shall notify the Depositary in writing of completion of their respective internal requirements and procedures for entry into force of this Convention.

• (2) This Convention shall enter into force, in relation to those States which have notified the Depositary, on the first day of the month following the later of the dates on which the Depositary receives the notifications of at least one EEA EFTA State and the United Kingdom.

• (3) This Convention shall enter into force, in relation to an EEA EFTA State which notifies the Depositary after the date on which at least one EEA EFTA State and the United Kingdom have notified the Depositary, on the first day of the month following the date on which the Depositary receives the notification of that EEA EFTA State.

ARTICLE 75 Withdrawal and termination

• (1) Subject to Article 76, each State may withdraw from this Convention by means of a written notification to the Depositary. The withdrawal shall take effect 12 months after the date on which the notification is received by the Depositary unless the States agree otherwise.

• (2) If the United Kingdom withdraws, this Convention shall terminate when its withdrawal becomes effective.

ARTICLE 76 Post-termination and post-withdrawal arrangements

• (1) In the event that this Convention is terminated or a State withdraws from it in accordance with Article 75, to the extent that individuals are affected by the withdrawal or termination, rights to cash benefits acquired by a person in accordance with the provisions of this Convention shall be maintained, if:

• (a) at the date of withdrawal or termination, the person is in receipt of those cash benefits;

• (b) at or prior to the date of withdrawal or termination, they have lodged a claim for, and would be entitled to receive, those cash benefits; or

• (c) the only reason they are not entitled to receive those cash benefits is that they have not lodged a claim for them at or prior to the date of withdrawal or termination.

• (2) Prior to the expiry of the period referred to in Article 75, and without prejudice to the protections in paragraph (1), the States shall commence discussions on appropriate consequential and transitional arrangements for the protection of persons affected by a State’s withdrawal from or the termination of this Convention.

ARTICLE 77 Transitional Provision

• (1) No provision of this Convention shall confer any right to receive a benefit for any period before the date of entry into force of this Convention.

• (2) The following shall be taken into consideration in determining the right to benefits under this Convention:

• (a) any period of insurance, and, where appropriate, any period of employment, self-employment or residence completed under the legislation of the States before the entry into force of this Convention; and

• (b) insured events occurring before the entry into force of this Convention.

• (3) This Convention shall not apply to rights extinguished by the payment of a lump-sum payment.

• (4) In this Article at paragraphs (5) and (6), any reference to ‘a certificate’ or ‘that certificate’ is a reference to the certificate issued under the provisions of either the 1990 Convention or the 1983 Convention confirming the state where a person is liable to be insured.

• (5) If, as a result of this Convention, a person is subject to the legislation of a State other than the legislation identified as applying to that person in a certificate issued to them, that person shall continue to be subject to the legislation identified in that certificate for the period identified in that certificate, provided that person’s situation remains unchanged.

• (6) A person’s situation remains unchanged where the circumstances that justified the issue of a certificate to that person continue after the time this Convention enters into force.

• (7) A person to whom paragraph (5) applies may request that they be subject to the legislation applicable under Title II of this Convention. The request shall be in writing and should be submitted to the State whose legislation would be applicable to that person under Title II of this Convention within the three months following the date this Convention enters into force. The person shall be subject to the legislation of that State as of the date this Convention applies to that State. If the request is made after the expiry of the three-month period indicated, the changeover shall take place on the first day of the following month.

ARTICLE 78 Relationship with pre-existing Social Security Coordination Agreements

• (1) Subject to paragraphs (2) to (4), the following treaties between the United Kingdom and relevant individual EEA EFTA States shall, as from the date of entry into force of this Convention in relation to those EEA EFTA States in accordance with Article 74, cease to apply to England, Scotland, Wales and Northern Ireland:

• (a) The 1990 Convention;

• (b) The Protocol Concerning Medical Treatment of 19 June 1990, supplementary to the 1990 Convention, (“Norway Healthcare Protocol”);

• (c) The 1983 Convention;

• (d) The Agreement Between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Iceland on Health Services, signed in Reykjavik on 22 September 1982 (“Iceland Health Services Agreement”).

• (2) The provisions of the 1990 Convention, the Norway Healthcare Protocol, and the 1983 Convention shall continue to apply to the Isle of Man and Jersey.

• (3) The provisions of the Iceland Health Services Agreement shall continue to apply to the Bailiwick of Guernsey, the Isle of Man and Jersey.

• (4) The provisions of the 1990 Convention and the 1983 Convention shall continue to apply in relation to:

• (a) any award of a cash benefit, pension or allowance made prior to the date upon which this Convention comes into force;

• (b) any claim to a benefit, pension or allowance made but not determined at the date upon which this Convention comes into force;

• (c) any claim to a benefit, pension or allowance made after the date this Convention comes into force but only where that claim relates to entitlement to such benefit, pension or allowance for a period prior to the date upon which this Convention comes into force.

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

Done at London, this 30th day of June 2023, in one original in the English language, which shall be deposited with the Depositary, who shall transmit certified copies to all the States.

For Iceland: JOHANNA JONSDOTTI
For the Principality of Liechtenstein: ESTHER SCHINDLER
For the Kingdom of Norway: LARS-ERIK HAUGE
For the United Kingdom of Great Britain and Northern Ireland: LEO DOCHERTY

CONVENTION ON SOCIAL SECURITY COORDINATION BETWEEN ICELAND, THE PRINCIPALITY OF LIECHTENSTEIN, THE KINGDOM OF NORWAY AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

ANNEXES

ANNEX 1 IMPLEMENTING PART

TITLE I GENERAL PROVISIONS

CHAPTER 1

ARTICLE 1 Definitions

For the purposes of this Annex, the following definitions, in addition to those set out in Article 1 of this Convention, apply.

• (a) “document” means a set of data, irrespective of the medium used, structured in such a way that it can be exchanged electronically and which must be communicated in order to enable the operation of this Convention and this Annex;

• (b) “fraud” means any deliberate act or deliberate omission to act, carried out with the intention to either:

• (i) receive social security benefits, or enable another person to receive social security benefits, when the conditions of entitlement to such benefits under the law of the State(s) concerned or this Convention are not met; or

• (ii) avoid paying social security contributions, or enable another person to avoid paying social security contributions, when such contributions are required under the law of the State(s) concerned or this Convention.

• (c) “liaison body” means any body designated by the competent authority of a State for one or more of the branches of social security referred to in Article 6 of this Convention to respond to requests for information and assistance for the purposes of the application of this Convention and of this Annex and which has to fulfil the tasks assigned to it under Title IV of this Annex;

• (d) “transmission by electronic means” means the transmission of data using electronic equipment for the processing (including digital compression) of data and employing wires, radio transmission, optical technologies or any other electromagnetic means.

CHAPTER 2 PROVISIONS CONCERNING COOPERATION AND EXCHANGES OF DATA

ARTICLE 2 Scope and rules for exchanges between authorities and institutions

• (1) For the purposes of this Annex, exchanges between the States’ authorities and institutions and persons covered by this Convention shall be based on the principles of public service, efficiency, active assistance, rapid delivery and accessibility, including e-accessibility, in particular for the disabled and the elderly.

• (2) The institutions shall without delay provide or exchange all data necessary for establishing and determining the rights and obligations of persons to whom this Convention applies. Such data shall be transferred between the States directly by the institutions themselves or indirectly via the liaison bodies.

• (3) Where a person has mistakenly submitted information, documents or claims to an institution in the territory of a State other than that in which the institution designated, in accordance with this Annex, is situated, the information, documents or claims shall be resubmitted without delay by the former institution to the institution designated in accordance with this Annex, indicating the date on which they were initially submitted. That date shall be binding on the latter institution. The institutions of the States shall not, however, be held liable, or be deemed to have taken a decision by virtue of their failure to act as a result of the late transmission of information, documents or claims by States’ institutions.

• (4) Where data are transferred indirectly via the liaison body of the State of destination, time limits for responding to claims shall start from the date when that liaison body received the claim, as if it had been received by the institution in that State.

ARTICLE 3 Scope and rules for exchanges between the persons concerned and institutions

• (1) The States shall ensure that the necessary information is made available to the persons concerned in order to inform them of the provisions introduced by this Convention and this Annex to enable them to assert their rights. They shall also provide for user-friendly services.

• (2) Persons to whom this Convention applies shall be required to forward to the relevant institution the information, documents or supporting evidence necessary to establish their situation or that of their families, to establish or maintain their rights and obligations and to determine the applicable legislation and their obligations under it.

• (3) To the extent necessary for the application of this Convention and this Annex, the relevant institutions shall forward the information and issue the documents to the persons concerned without delay and in all cases within any time limits specified under the legislation of the State in question.

• (4) The relevant institution shall notify the claimant residing or staying in another State of its decision directly or through the liaison body of the State of residence or stay. When refusing the benefits, it shall also indicate the reasons for refusal, the remedies and periods allowed for appeals. A copy of this decision shall be sent to other involved institutions.

ARTICLE 4 Forms, documents and methods of exchanging data

• (1) Subject to Article 73 and Appendix 1 of this Annex, the structure, content and format of forms and documents issued on behalf of the States for the purposes of implementing this Convention shall be agreed by the Joint Administrative Committee.

• (2) The transmission of data between the institutions or the liaison bodies may, subject to the approval of the States through the Joint Administrative Committee, be carried out by way of electronic exchange. To the extent the forms and documents referred to in paragraph (1) are transmitted by electronic exchange, they shall respect the rules applicable to that system.

• (3) Where the transmission of data between institutions or the liaison bodies is not carried out by way of electronic exchange, the relevant institutions and liaison bodies shall use the arrangements appropriate to each case, and favour the use of electronic means as far as possible.

• (4) In their communications with the persons concerned, the relevant institutions shall use the arrangements appropriate to each case, and favour the use of electronic means as far as possible.

ARTICLE 5 Legal value of documents and supporting evidence issued in another State

• (1) Documents issued by the institution of a State and showing the position of a person for the purposes of the application of this Convention and this Annex, and supporting evidence on the basis of which the documents have been issued, shall be accepted by the institutions of the other States for as long as they have not been withdrawn or declared to be invalid by the State in which they were issued.

• (2) Where there is doubt about the validity of a document or the accuracy of the facts on which the particulars contained therein are based, the institution of the State that receives the document shall ask the issuing institution for the necessary clarification and, where appropriate, the withdrawal of that document. The issuing institution shall reconsider the grounds for issuing the document and, if necessary, withdraw it.

• (3) Pursuant to paragraph (2), where there is doubt about the information provided by the persons concerned, the validity of a document or supporting evidence or the accuracy of the facts on which the particulars contained therein are based, the institution of the place of stay or residence shall, insofar as this is possible, at the request of the competent institution, proceed to the necessary verification of this information or document.

• (4) Where no agreement is reached between the institutions concerned, the matter may be referred to the Joint Administrative Committee by the competent authorities.

ARTICLE 6 Provisional application of legislation and provisional granting of benefits

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

• (a) the legislation of the State where the person actually pursues their employment or self-employment, if the employment or self-employment is pursued in only one State;

• (b) the legislation of the State of residence if the person concerned pursues employment or self-employment in two or more States and performs part of their activity or activities in the State of residence, or if the person concerned is neither employed nor self-employed;

• (c) in all other cases, the legislation of the State the application of which was first requested if the person pursues an activity, or activities, in two or more States.

• (2) Where there is a difference of views between the institutions or authorities of two or more States about which institution should provide the benefits in cash or in kind, the person concerned who could claim benefits if there was no dispute shall be entitled, on a provisional basis, to the benefits provided for by the legislation applied by the institution of that person’s place of residence or, if that person does not reside on the territory of one of the States concerned, to the benefits provided for by the legislation applied by the institution to which the request was first submitted.

• (3) Where no agreement is reached between the institutions or authorities concerned, the matter may be referred to the Joint Administrative Committee by the competent authorities.

• (4) Where it is established either that the applicable legislation is not that of the State of provisional membership, or the institution which granted the benefits on a provisional basis was not the competent institution, the institution identified as being competent shall be deemed retroactively to have been so, as if that difference of views had not existed, at the latest from either the date of provisional membership or of the first provisional granting of the benefits concerned.

• (5) If necessary, the institution identified as being competent and the institution which provisionally paid the cash benefits or provisionally received contributions shall settle the financial situation of the person concerned as regards contributions and cash benefits paid provisionally, where appropriate, in accordance with Chapter 2 of Title IV of this Annex.

• (6) Benefits in kind granted provisionally by an institution in accordance with paragraph (2) shall be reimbursed by the competent institution in accordance with Title IV of this Annex.

ARTICLE 7 Provisional calculation of benefits and contributions

• (1) Unless otherwise provided for in this Annex, where a person is eligible for a benefit, or is liable to pay a contribution in accordance with this Convention, and the competent institution does not have all the information concerning the situation in another State which is necessary to calculate definitively the amount of that benefit or contribution, that institution shall, on request of the person concerned, award this benefit or calculate this contribution on a provisional basis, if such a calculation is possible on the basis of the information at the disposal of that institution.

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

CHAPTER 3 OTHER GENERAL PROVISIONS FOR THE APPLICATION OF THIS CONVENTION

ARTICLE 8 Other procedures between authorities and institutions

• (1) The UK and one or more of the EEA EFTA States, or their competent authorities, may agree procedures other than those provided for by this Annex, provided that such procedures do not adversely affect the rights or obligations of the persons concerned.

• (2) Any agreements concluded to this end shall be agreed by the States in question through the Joint Administrative Committee.

ARTICLE 9 Prevention of overlapping of benefits

Notwithstanding other provisions in this Convention, when benefits due under the legislation of two or more States are mutually reduced, suspended or withdrawn, any amounts that would not be paid in the event of strict application of the rules concerning reduction, suspension or withdrawal laid down by the legislation of the State concerned shall be divided by the number of benefits subjected to reduction, suspension or withdrawal.

ARTICLE 10 Elements for determining residence

• (1) Where there is a difference of views between the institutions of two or more States about the determination of the residence of a person to whom this Convention applies, these institutions shall establish by common agreement the centre of interests of the person concerned, based on an overall assessment of all available information relating to relevant facts, which may include, as appropriate:

• (a) the duration and continuity of presence on the territory of the States concerned;

• (b) that person’s situation, including:

• (i) the nature and the specific characteristics of any activity pursued, in particular the place where such activity is habitually pursued, the stability of the activity, and the duration of any work contract;

• (ii) that person’s family status and family ties;

• (iii) the exercise of any non-remunerated activity;

• (iv) in the case of students, the source of that student’s income;

• (v) that person’s housing situation, in particular how permanent it is;

• (vi) the State in which that person is deemed to reside for taxation purposes.

• (2) Where the consideration of the various criteria based on relevant facts as set out in paragraph (1) does not lead to agreement between the institutions concerned, the person’s intention, as it appears from such facts and circumstances, especially the reasons that led the person to move, shall be considered to be decisive for establishing that person’s actual place of residence.

• (3) The centre of interests of a student who goes to another State to pursue a full-time course of study shall not be considered as being in the State of study for the entire duration of the course of study in that State, without prejudice to the possibility of rebutting this presumption.

• (4) Paragraph (3) applies mutatis mutandis to the family members of the student.

ARTICLE 11 Aggregation of periods

• (1) For the purposes of applying Article 10 of this Convention, the competent institution shall contact the institutions of the States to whose legislation the person concerned has also been subject in order to determine all the periods completed under their legislation.

• (2) The respective periods of insurance, employment, self-employment or residence completed under the legislation of a State shall be added to those completed under the legislation of any other State, insofar as necessary for the purposes of applying Article 10 of this Convention, provided that these periods do not overlap.

• (3) Where a period of insurance or residence which is completed in accordance with compulsory insurance under the legislation of a State coincides with a period of insurance completed on the basis of voluntary insurance or continued optional insurance under the legislation of another State, only the period completed on the basis of compulsory insurance shall be taken into account.

• (4) Where a period of insurance or residence other than an equivalent period completed under the legislation of a State coincides with an equivalent period on the basis of the legislation of another State, only the period other than an equivalent period shall be taken into account.

• (5) Any period regarded as equivalent under the legislation of two or more States shall be taken into account only by the institution of the State to whose legislation the person concerned was last compulsorily subject before that period. In the event that the person concerned was not compulsorily subject to the legislation of a State before that period, the latter shall be taken into account by the institution of the State to whose legislation the person concerned was compulsorily subject for the first time after that period.

• (6) In the event that the time in which certain periods of insurance or residence were completed under the legislation of a State cannot be determined precisely, it shall be presumed that these periods do not overlap with periods of insurance or residence completed under the legislation of another State, and account shall be taken thereof, where advantageous to the person concerned, insofar as they can reasonably be taken into consideration.

ARTICLE 12 Rules for conversion of periods

• (1) Where periods completed under the legislation of a State are expressed in units different from those provided for by the legislation of another State, the conversion needed for the purpose of aggregation under Article 10 of this Convention shall be carried out under the following rules:

• (a) the period to be used as the basis for the conversion shall be that communicated by the institution of the State under whose legislation the period was completed;

• (b) in the case of schemes where the periods are expressed in days the conversion from days to other units, and vice versa, as well as between different schemes based on days shall be calculated according to the following table:

Scheme based on	1 day corresponds to	1 week corresponds to	1 month corresponds to	1 quarter corresponds To	Maximum of days in one calendar year
5 days	9 hours	5 days	22 days	66 days	264 days
6 days	8 hours	6 days	26 days	78 days	312 days
7 days	6 hours	7 days	30 days	90 days	360 days

• (c) in the case of schemes where the periods are expressed in units other than days,

• (i) three months or 13 weeks shall be equivalent to one quarter, and vice versa;

• (ii) one year shall be equivalent to four quarters, 12 months or 52 weeks, and vice versa;

• (iii) for the conversion of weeks into months, and vice versa, weeks and months shall be converted into days in accordance with the conversion rules for the schemes based on six days in the table in sub-paragraph (b);

• (d) in the case of periods expressed in fractions, those figures shall be converted into the next smaller integer unit applying the rules laid down in sub-paragraphs (b) and (c). Fractions of years shall be converted into months unless the scheme involved is based on quarters;

• (e) if the conversion under this paragraph results in a fraction of a unit, the next higher integer unit shall be taken as the result of the conversion under this paragraph.

• (2) The application of paragraph (1) shall not have the effect of producing, for the total sum of the periods completed during one calendar year, a total exceeding the number of days indicated in the last column in the table in paragraph (1)(b), 52 weeks, 12 months or four quarters.

If the periods to be converted correspond to the maximum annual amount of periods under the legislation of the State in which they have been completed, the application of paragraph (1) shall not result within one calendar year in periods that are shorter than the possible maximum annual amount of periods provided under the legislation concerned.

• (3) The conversion shall be carried out either in one single operation covering all those periods which were communicated as an aggregate, or for each year, if the periods were communicated on a year-by-year basis.

• (4) Where an institution communicates periods expressed in days, it shall at the same time indicate whether the scheme it administers is based on five days, six days or seven days.

TITLE II DETERMINATION OF THE LEGISLATION APPLICABLE

ARTICLE 13 Details relating to Articles 14 and 15 of this Convention

• (1) For the purposes of the application of Article 14(1) of this Convention, a “person who pursues an activity as an employed person in the territory of a State for an employer which normally carries out its activities there and who is sent by that employer to the territory of another State” shall:

• (a) include a person who is recruited with a view to being sent to a State, other than the State where the employer normally carries out its activities, provided that, immediately before the start of that person’s employment, the person concerned is already subject to the legislation of the State in which their employer is established;

• (b) have been subject to the legislation of the State in which their employer is established for a prior minimum period of time. The prior minimum period shall be agreed by the Joint Administrative Committee;

• (c) continue to have a direct relationship with their employer during the period of their detachment; and

• (d) be paid by or on behalf of their employer, in accordance with the legislation of the State whose legislation is applicable pursuant to Title II of this Convention, during the period of their detachment.

• (2) For the purposes of the application of Article 14(1) of this Convention, the words “which normally carries out its activities there” shall refer to an employer that ordinarily performs substantial activities, other than purely internal management activities, in the territory of the State in which it is established, taking account of all criteria characterising the activities carried out by the undertaking in question. The relevant criteria must be suited to the specific characteristics of each employer and the real nature of the activities carried out.

• (3) For the purposes of the application of Article 14(2) of this Convention, the words “who normally pursues an activity as a self-employed person” shall refer to a person who habitually carries out substantial activities in the territory of the State in which that person is established. In particular, that person must have already pursued their activity for a minimum period of time before the date when they wish to take advantage of the provisions of that Article and, during any period of temporary activity in the other State, must continue to fulfil, in the State where they are established, the requirements for the pursuit of their activity in order to be able to pursue it on their return. The minimum period of time that person must have already pursued their activity shall be agreed by the Joint Administrative Committee.

• (4) For the purposes of the application of Article 14(2) of this Convention, the criterion for determining whether the activity that a self-employed person goes to pursue in another State is “similar” to the self-employed activity normally pursued shall be that of the actual nature of the activity, rather than of the designation of employed or self-employed activity that may be given to this activity by the other State where the activity occurs.

• (5) For the purposes of the application of Article 15(1) and (5) of this Convention, a person who “normally pursues an activity as an employed person in one or more EEA EFTA States as well as in the United Kingdom”, or in “two or more EEA EFTA States (and not in the United Kingdom)”, shall refer to a person who simultaneously, or in alternation, for the same undertaking or employer or for various undertakings or employers, exercises one or more separate activities in such States.

• (6) For the purposes of Article 15 (1) and (5) of this Convention, an employed flight crew or cabin crew member normally pursuing air passenger or freight services in two or more States shall be subject to the legislation of the State where the home base, as defined in Article 1 of this Convention, is located.

• (7) Marginal activities shall be disregarded for the purposes of determining the applicable legislation under Article 15 of this Convention.

• (8) Article 15 of this Annex shall apply to all cases under this Article.

• (9) For the purposes of the application of Article 15(2) and (6) of this Convention, a person who “normally pursues an activity as a self-employed person” in “one or more EEA EFTA States as well as in the United Kingdom”, or in “two or more EEA EFTA States (and not in the United Kingdom)” respectively, shall refer, in particular, to a person who simultaneously or in alternation pursues one or more separate self-employed activities, irrespective of the nature of those activities, in such States.

• (10) For the purposes of distinguishing the activities under paragraphs (5) and (9) of this Article from the situations described in Article 14(1) of this Convention, the duration of the activity in one or more States (whether it is permanent or of an ad hoc or temporary nature) shall be decisive. For these purposes, an overall assessment shall be made of all the relevant facts including, in particular, in the case of an employed person, the place of work as defined in the employment contract.

• (11) For the purposes of the application of Article 15(1), (2), (5) and (6) of this Convention, a “substantial part of employed or self-employed activity” pursued in a State shall mean a quantitatively substantial part of all the activities of the employed or self-employed person pursued there, without this necessarily being the major part of those activities.

• (12) To determine whether a substantial part of the activities is pursued in a State, the following indicative criteria shall be taken into account:

• (a) in the case of an employed activity, the working time or the remuneration; and

• (b) in the case of a self-employed activity, the turnover, working time, number of services rendered or income.

In the framework of an overall assessment, a share of less than 25% in respect of the criteria mentioned above shall be an indicator that a substantial part of the activities is not being pursued in the relevant State.

• (13) For the purposes of the application of Article 15(2)(b) of this Convention, the “centre of interest” of the activities of a self-employed person shall be determined by taking account of all the aspects of that person’s occupational activities, notably the place where the person’s fixed and permanent place of business is located, the habitual nature or the duration of the activities pursued, the number of services rendered, and the intention of the person concerned as revealed by all the circumstances.

• (14) For the determination of the applicable legislation under paragraphs (11), (12) and (13), the institutions concerned shall take into account the situation projected for the following 12 calendar months.

• (15) If a person pursues their activity as an employed person in two or more States on behalf of an employer established outside the territory of the States, and if this person resides in a State without pursuing substantial activity there, they shall be subject to the legislation of the State of residence.

ARTICLE 14 Procedures for the application of Article 13(3)(b), Article 13(3)(c), Article 13(4) and Article 14 of this Convention (on the provision of information to the institutions concerned)

• (1) Unless otherwise provided for by Article 15 of this Annex, where a person pursues their activity outside the competent State, the employer or, in the case of a person who does not pursue an activity as an employed person, the person concerned shall inform the competent institution of the State whose legislation is applicable thereof, whenever possible in advance. That institution shall issue the attestation referred to in Article 17(2) of this Annex to the person concerned and shall without delay make information concerning the legislation applicable to that person, pursuant to Article 13(3)(b) or Article 14 of this Convention, available to the institution designated by the competent authority of the State in which the activity is pursued.

• (2) Paragraph (1) shall apply mutatis mutandis to persons covered by Article 13(3)(c) of this Convention.

• (3) An employer within the meaning of Article 13(4) of this Convention who has an employee on board a vessel flying the flag of another State shall inform the competent institution of the State whose legislation is applicable thereof whenever possible in advance. That institution shall, without delay, make information concerning the legislation applicable to the person concerned, pursuant to Article 13(4) of this Convention, available to the institution designated by the competent authority of the State whose flag, the vessel on which the employee is to perform the activity, is flying.

ARTICLE 15 Procedure for the application of Article 15 of this Convention

• (1) A person who pursues activities in two or more States, or where Article 15(5) or (6) of this Convention applies, shall inform the institution designated by the competent authority of the State of residence thereof.

• (2) The designated institution of the place of residence shall without delay determine the legislation applicable to the person concerned, having regard to Article 15 of this Convention and Article 13 of this Annex. That initial determination shall be provisional. The institution shall inform the designated institutions of each State in which an activity is pursued of its provisional determination.

• (3) The provisional determination of the applicable legislation, as provided for in paragraph (2), shall become definitive within two months of the institutions designated by the competent authorities of the State(s) concerned being informed of it, in accordance with paragraph (2), unless the legislation has already been definitively determined on the basis of paragraph (4), or at least one of the institutions concerned informs the institution designated by the competent authority of the State of residence by the end of this two-month period that it cannot yet accept the determination or that it takes a different view on this.

• (4) Where uncertainty about the determination of the applicable legislation requires contacts between the institutions or authorities of two or more States, at the request of one or more of the institutions designated by the competent authorities of the State(s) concerned, or of the competent authorities themselves, the legislation applicable to the person concerned shall be determined by common agreement, having regard to Article 15 of this Convention and Article 13 of this Annex.

Where there is a difference of views between the institutions or competent authorities concerned, those bodies shall seek agreement in accordance with the conditions set out above and Article 6 of this Annex shall apply.

• (5) The competent institution of the State whose legislation is determined to be applicable either provisionally or definitively shall without delay inform the person concerned.

• (6) If the person concerned fails to provide the information referred to in paragraph (1), this Article shall be applied at the initiative of the institution designated by the competent authority of the State of residence as soon as it is appraised of that person’s situation, possibly via another institution concerned.

ARTICLE 16 Procedure for the application of Article 18 of this Convention

A request by the employer or the person concerned for exceptions to Articles 13 to 17 of this Convention shall be submitted, whenever possible in advance, to the competent authority or the body designated by the authority of the State, whose legislation the employee or person concerned requests be applied.

ARTICLE 17 Provision of information to persons concerned and employers

• (1) The competent institution of the State whose legislation becomes applicable pursuant to Title II of this Convention shall inform the person concerned and, where appropriate, their employer(s) of the obligations laid down in that legislation. It shall provide them with the necessary assistance to complete the formalities required by that legislation.