The National Insurance and Industrial Injuries (Turkey) Order 1961

Made: 24th March 1961

At the Court at Buckingham Palace, the 24th day of March, 1961

Present,

The Queen's Most Excellent Majesty in Council

Whereas at Ankara on the ninth day of September, nineteen hundred and fifty-nine, a Convention between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Turkey on social insurance (which Convention is set out in the Schedule to this Order and is hereinafter referred to as “the Convention”) was signed on behalf of those Governments:

And Whereas by Article 39 of the Convention it is provided that the Convention shall enter into force on the first day of the third month following the month in which the instruments of ratification are exchanged:

And Whereas the Convention has been ratified by the said Governments and the instruments of ratification were exchanged on the third day of March, 1961, and accordingly the Convention enters into force on the first day of June, 1961:

And Whereas by section 64 of the National Insurance Act, 1946 , and section 85 of the National Insurance (Industrial Injuries) Act, 1946 , it is provided that Her Majesty may, by Order in Council, make provision for modifying or adapting those Acts in their application to cases affected by agreements with other governments providing for reciprocity in matters specified in those sections:

Now, therefore, Her Majesty, in pursuance of the said section 64 of the National Insurance Act, 1946, and the said section 85 of the National Insurance (Industrial Injuries) Act, 1946, and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: —

Citation and interpretation

1

• (1) This Order may be cited as the National Insurance and Industrial Injuries (Turkey) Order, 1961.

• (2) The Interpretation Act, 1889 , applies to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.

Modification of Acts

2

The provisions contained in the Convention shall have full force and effect, so far as the same relate to England, Wales and Scotland and provide by way of agreement with the Government of the Republic of Turkey for reciprocity in any matters specified in either subsection (1) of section 64 of the National Insurance Act, 1946, or subsection (1) of section 85 of the National Insurance (Industrial Injuries) Act, 1946 ; and the National Insurance Acts, 1946 to 1960, and the National Insurance (Industrial Injuries) Acts, 1946 to 1960, shall have effect subject to such modifications as may be required therein for the purpose of giving effect to any such provisions.

SCHEDULE — Convention on Social Insurance between the United Kingdom and the Republic of Turkey

The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Turkey,

Being resolved to co-operate in the social field,

Affirming the principle that the nationals of one Contracting Party should receive under the social insurance legislation of the other equal treatment with the nationals of the latter,

Desirous of giving effect to this principle and of making arrangements enabling their nationals who go from the territory of one Party to the territory of the other either to keep the rights which they have acquired under the legislation of the former Party or to enjoy corresponding rights under the legislation of the latter,

Desirous further of making arrangements for insurance periods completed under the legislation of the two Parties to be added together for the purpose of determining the right to receive benefit.

Have agreed as follows:

PART I — DEFINITIONS AND SCOPE

Article 1

For the purpose of the present Convention, unless the context otherwise requires

• (1) territory means, in relation to the United Kingdom, England, Scotland, Wales, Northern Ireland and the Isle of Man, and, in relation to Turkey, its national territory;

• (2) national means, in relation to the United Kingdom, a citizen of the United Kingdom and Colonies, and, in relation to Turkey, a person having Turkish nationality;

• (3) legislation means, according to the context, the legislation specified in Article 2 in force in any part of the territory of one (or the other) Contracting Party;

• (4) competent authority means, in relation to the United Kingdom, the Minister of Pensions and National Insurance, the Ministry of Labour and National Insurance for Northern Ireland, and the Isle of Man Board of Social Services as the case may require, and, in relation to Turkey, the Ministry of Labour;

• (5) social insurance authority means, in relation to the United Kingdom, the Minister of Pensions and National Insurance, the Ministry of Labour and National Insurance for Northern Ireland, or the Isle of Man Board of Social Services, as the case may require, and, in relation to Turkey, the Workers' Insurance Institution;

• (6) employed person means a person who comes within the definition of an employed person (or a person who is treated as an employed person) in the legislation which is being applied;

• (7) dependant means, in relation to the United Kingdom, a person who would be treated as such for the purpose of any claim to receive an additional allowance, under the legislation of the United Kingdom, and, in relation to Turkey, a person who comes within the definition of a dependant in the legislation of Turkey;

• (8) insurance period means, in relation to one (or the other) Party, a period during which a person is insured under the legislation of that Party;

• (9) contribution period means, in relation to one (or the other) Party, an insurance period in respect of which contributions, appropriate to the benefit in question, have been paid under the legislation of that Party;

• (10) equivalent period means, in relation to the United Kingdom, an insurance period in respect of which contributions, appropriate to the benefit in question, have been credited under the legislation of the United Kingdom, and, in relation to Turkey, an insurance period during which the insured person was incapable of work;

• (11) the words benefit and pension include any increase in the benefit or pension and any additional allowances payable therewith;

• (12) sickness benefit means, in relation to the United Kingdom, sickness benefit as defined in the legislation of the United Kingdom, other than invalidity pension, and, in relation to Turkey, sickness benefit as defined in the legislation of Turkey;

• (13) invalidity pension means, in relation to the United Kingdom, sickness benefit as defined in the legislation of the United Kingdom which becomes payable to a person in respect of a period of interruption of employment as defined in that legislation after the lapse in that period of three hundred and twelve days for each of which he has been entitled to receive either sickness benefit under the legislation of one (or the other) Party or an invalidity pension under the legislation of Turkey, and, in relation to Turkey, an invalidity pension as defined in the legislation of Turkey;

• (14) widow's benefit means, in relation to the United Kingdom, widow's allowance, widowed mother's allowance, widow's pension and widow's basic pension, as defined in the legislation of the United Kingdom, and, in relation to Turkey, any benefit paid under the legislation of Turkey concerning survivors' insurance to a widow or the child of a widow;

• (15) orphan's benefit means, in relation to the United Kingdom, guardian's allowance as defined in the legislation of the United Kingdom, and, in relation to Turkey, any benefit paid under the legislation of Turkey concerning survivors' insurance to a child whose father and mother are dead;

• (16) old age pension means, in relation to the United Kingdom, an old age pension or retirement pension as defined in the legislation of the United Kingdom, and, in relation to Turkey, an old age pension as defined in the legislation of Turkey;

• (17) death benefit means, in relation to the United Kingdom, a death grant as defined in the legislation of the United Kingdom, and, in relation to Turkey, benefit granted under the legislation of Turkey for funeral expenses.

Article 2

PART II — GENERAL PROVISIONS

Article 3

A national of one Contracting Party shall be entitled to receive the benefits of the legislation of the other Party under the same conditions as if he were a national of the latter Party.

Article 4

Article 5

Article 6

Article 7

Where a person is employed in the territory of one Contracting Party and the legislation of the other Party applies to him in accordance with the provisions of paragraph (2) of Article 4 or of paragraph (2) or (3) of Article 6 of the present Convention, he shall, for the purpose of any right to receive cash benefit for sickness, maternity, industrial accident or disease under that legislation, be treated

• (a) in respect of sickness and maternity benefit, as if he were in the territory of the latter Party, and

• (b) in respect of benefit for an industrial accident occurring or an industrial disease contracted during such employment, as if the accident had occurred or the disease had been contracted in the territory of the latter Party.

Article 8

The competent authorities of the two Contracting Parties may agree that the provisions of Articles 4, 5 and 6 of the present Convention shall not apply to particular persons or groups of persons.

Article 9

Where a person, who is ordinarily resident in the territory of one Contracting Party but is not compulsorily insured under its legislation, claims the right to be voluntarily insured under that legislation, any insurance period or contribution period completed under the legislation of the other Party shall be treated for the purpose of such claim as if it had been completed under the legislation of the former Party.

PART III — SPECIAL PROVISIONS

Section 1. Benefit for Sickness, Maternity and Death

A person who has completed a contribution period under the legislation of one Contracting Party shall be entitled to receive the benefit provided under the legislation of the other Party for sickness, maternity and death, provided that

• (a) he has, since his last arrival in the territory of the latter Party, begun a contribution period under the legislation of that Party;

• (b) he satisfies the conditions laid down by the legislation of the latter Party; and for this purpose any contribution period completed under the legislation of the former Party shall be treated, subject to the provisions of Article 25 of the present Convention, as if it had been completed under the legislation of the latter Party;

• (c) in the case of maternity, the benefit shall be provided under the legislation under which the woman or, if it is claimed by virtue of her husband's insurance, her husband is paying contributions at the time when the claim is made or was last paying contributions before that time.

Where a woman is insured under the legislation of one Contracting Party or is the wife of a person so insured and is in, or is confined in, the territory of the other Party, she shall, for the purpose of any claim to receive maternity allowance or maternity grant under the legislation of the former Party, be treated as if she were in, or had been confined in, the territory of the former Party.

Where a person would be entitled to receive sickness benefit under the legislation of one Contracting Party if he were in the territory of that Party, he shall, subject to the approval of the insurance authority of that Party, she entitled to receive that benefit, while he is in the territory of the other Party, for such period as that authority may determine.

Section 2. Old Age Pension

Where a person does not simultaneously satisfy the conditions laid down by the legislation of both Contracting Parties, his right to receive a pension under the legislation of each Party shall be established and extended as and when he satisfies the conditions laid down by the legislation of that Party, account being taken of the provisions of Article 14.

Where, under the legislation of one Contracting Party, a person would be entitled to receive an old age pension if he were in the territory of that Party, he shall be entitled to receive that pension while he is in the territory of the other Party.

Section 3. Invalidity Pensions

The provisions concerning old age pensions contained in paragraphs (2), (3) and (4) of Article 14 of the present Convention shall apply to invalidity pensions, subject to such modifications as the differing nature of the pensions shall require.

Where a person is in the territory of one Contracting Party and, in accordance with the provisions of Article 18 of the present Convention, is entitled to receive an invalidity pension under the legislation of that Party and would be entitled to receive also an invalidity pension under the legislation of the other Party if he were in its territory, he shall be entitled to receive the latter pension as well as the former; and in addition the insurance authority of the former Party shall pay him the amount, if any, by which the total of these two pensions is less than the pension which he would be entitled to receive under the legislation of the former Party if the provisions of Article 18 were not applied in his case.

Section 4. Widow's Benefit and Orphan's Benefit

The provisions concerning old age pensions contained in Articles 14, 15, 16 and 17 of the present Convention, shall apply to widow's benefit, and the provisions concerning invalidity pensions contained in Articles 18 and 19 shall apply to orphan's benefit subject to such modifications in each case as the differing nature of the benefit shall require.

Section 5. Industrial Accidents and Diseases

In assessing, for the purpose of the legislation of one Contracting Party, the degree of disablement due to an industrial accident, any previous industrial accident for which benefit is payable under the legislation of the other Party shall be treated as if it were an industrial accident covered by the legislation of the former Party.

Where a person, who has received benefit for an industrial disease under the legislation of one Contracting Party, afterwards claims benefit for an industrial disease of the same kind under the legislation of the other Party, the social insurance authority of the latter Party shall be responsible for obtaining evidence concerning the benefit granted under the legislation of the former Party, and, for the purpose of determining whether the person is entitled to receive benefit under the legislation of the latter Party, and, if so, for the purpose of determining the amount of that benefit, that authority shall take account of the benefit granted under the legislation of the former Party as if it had been granted under the legislation of the latter Party.

Section 6. General Provisions

Where, under the legislation of either Contracting Party, the amount of any cash benefit is related to the average wage earned during contribution periods, the average wage to be taken into account for the calculation of the benefit due to be paid under that legislation shall be calculated on the basis of the wages earned during the contribution periods actually completed under that legislation.

Subject to the provisions of Articles 16 and 20 of the present Convention, any person claiming benefit under the legislation of either Contracting Party may choose to have his claim settled without regard to the provisions of the present Convention.

PART IV — MISCELLANEOUS PROVISIONS

Article 30

The competent authorities

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

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

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

Article 31

Article 32

Article 33

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

Article 34

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

Article 35

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

Article 36

Article 37

Article 38

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

Article 39

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

Article 40

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

Signed

W. G. Agnew.

Explanatory note

(This note is not part of the Order, but is intended to indicate its general purport.)

Footnotes

[^f00001]: 9 & 10 Geo. 6. c. 67.

[^f00002]: 9 & 10 Geo. 6. c. 62.

[^f00003]: 52 & 53 Vict. c. 63.

Editorial notes

[^c22717621]: 9 & 10 Geo. 6. c. 67.

[^c22717631]: 9 & 10 Geo. 6. c. 62.

[^c22717641]: 52 & 53 Viet. c. 63.