The Social Security (Philippines) Order 1989

Made: 1st November 1989

Coming into force: 1st December 1989

At the Court at Buckingham Palace, the 1st day of November 1989

Present,

The Queen's Most Excellent Majesty in Council

Whereas at London on the 27th February 1985 a Convention on social security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of the Philippines (hereinafter referred to as “the Convention”) was signed on behalf of those Governments:

And Whereas by Article 26 of the Convention it is provided that the Convention shall enter into force on the first day of the second 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 6th October 1989 and, accordingly, the Convention enters into force on 1st December 1989:

And Whereas by section 143 of the Social Security Act 1975 it is provided that Her Majesty may by Order in Council make provision for modifying or adapting the said Social Security Act in its application to cases affected by agreements with other Governments providing for reciprocity in matters specified in that section:

Now, therefore, Her Majesty, in pursuance of the said section 143 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 commencement

1

This Order may be cited as the Social Security (Philippines) Order 1989 and shall come into force on 1st December 1989.

Modification of the Social Security Act 1975

2

The Social Security Act 1975 shall be modified to such extent as may be required to give effect to the provisions contained in the Convention set out in the Schedule to this Order so far as the same relate to England, Wales and Scotland.

SCHEDULE — CONVENTION ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES

The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of the Philippines;

Being resolved to co-operate in the field of social affairs and, in particular, in the matter of social security;

Desirous of promoting the welfare of persons moving between or working in their respective territories;

Desirous of ensuring that persons from both countries shall enjoy equal rights under their respective social security legislation;

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

Desirous further of making arrangements enabling persons moving between their respective territories to keep the rights which they have acquired under the legislation of the one Party or to enjoy corresponding rights under the legislation of the other;

Have agreed as follows:

PART I — general provisions

ARTICLE 1

ARTICLE 2

ARTICLE 3

A person subject to the legislation of one Party who becomes resident in the territory of the other Party shall, together with his dependants, be subject to the obligations and shall enjoy the advantages of the legislation of the other Party under the same conditions as a national of that Party, subject to any special provision of this Convention.

ARTICLE 4

PART II — provisions which determine the contribution legislation applicable

ARTICLE 5

ARTICLE 6

ARTICLE 7

ARTICLE 8

The competent authorities of the Parties may agree to modify the provisions of Articles 5 to 7 of this Convention in respect of particular persons or categories of persons.

PART III — SPECIAL PROVISIONS

Section 1 — special provisions relating to the application of the legislation of the philippines and the legislation of the united kingdom.

ARTICLE 9

Section 2 — invalidity pension

ARTICLE 10

For the purpose of a claim for invalidity pension under the legislation of the Philippines by a person ordinarily resident in the territory of that Party who would not otherwise be entitled to receive that pension because of his failure to satisfy the contribution conditions applicable to that pension, contribution periods completed by that person as an employed or as a self-employed person under the legislation of the United Kingdom shall be treated in accordance with Article 9 of this Convention as if they were contribution periods completed under the legislation of the Philippines.

Section 3 — old age pension and survivor's benefit

ARTICLE 11

ARTICLE 12

ARTICLE 13

Where a person does not simultaneously satisfy the conditions for entitlement to an old age pension under the legislation of both Parties, his entitlement under the legislation of one Party shall be established as and when he satisfies the conditions laid down by the legislation of that Party. The provisions of Article 12 of this Convention shall be applied where there is no entitlement under the provisions of Article 11 of this Convention to an old age pension under the legislation of that Party and his entitlement shall be determined afresh under those provisions when the conditions under the legislation of the other Party are satisfied.

ARTICLE 14

ARTICLE 15

Section 4 — benefits for industrial accidents and diseases

ARTICLE 16

Where a person is employed in the territory of one Party and the legislation of the other Party applies to him in accordance with any of the provisions of Articles 5 to 8 of this Convention, he shall be treated under that legislation for the purpose of any claim for benefit in respect of an industrial accident or an industrial disease contracted during that employment, as if the accident had occurred or the disease had been contracted in the territory of the latter Party. Where benefit would be payable in respect of that claim if the person were in the territory of the latter Party, it shall be payable while he is in the territory of the former Party, but while such benefit is so payable, no benefit shall be payable in respect of that accident or disease under the legislation of the Party in whose territory the accident or disease occurred.

Section 5 — recovery of advance payments and overpayments of benefit

ARTICLE 17

PART IV — miscellaneous provisions

ARTICLE 18

ARTICLE 19

ARTICLE 20

ARTICLE 21

No certificate, document or statement of any kind written in an official language of either Party shall be rejected on the ground that it is written in a foreign language.

ARTICLE 22

ARTICLE 23

ARTICLE 24

PART V — transitional and final provisions

ARTICLE 25

ARTICLE 26

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

ARTICLE 27

This Convention shall remain in force for an indefinite period. Either Party may denounce it at any time by giving six months' notice in writing to the other Party.

ARTICLE 28

In the event of the termination of this Convention, any right to benefit acquired by a person in accordance with its provisions shall be maintained and negotiations shall take place for the settlement of any other rights then in course of acquisition by virtue of its provisions.In witness whereof the undersigned, duly authorized by their respective Governments, have signed this Convention.Done in duplicate at London this 27th day of February 1985.

For the Government of the United Kingdom of Great Britain and Northern Ireland:	For the Government of the Republic of the Philippines:
Richard Luce	Gilbert Teodoro

Signed

G. I. de Deney — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order.)

Footnotes

[^f00001]: See Cmnd. 9560.

[^f00002]: 1975 c. 14; subsection (1) of section 143 was amended by section 20(1) of the Social Security (Miscellaneous Provisions) Act 1977 (c. 5) and section 65(2) of and Schedule 11 to the Social Security Act 1986 (c. 50). Subsection (1A) of section 143 was inserted by section 6(1) of the Social Security Act 1981 (c. 33).

The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of the Philippines;

Being resolved to co-operate in the field of social affairs and, in particular, in the matter of social security;

Desirous of promoting the welfare of persons moving between or working in their respective territories;

Desirous of ensuring that persons from both countries shall enjoy equal rights under their respective social security legislation;

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

Desirous further of making arrangements enabling persons moving between their respective territories to keep the rights which they have acquired under the legislation of the one Party or to enjoy corresponding rights under the legislation of the other;

Have agreed as follows:

A person subject to the legislation of one Party who becomes resident in the territory of the other Party shall, together with his dependants, be subject to the obligations and shall enjoy the advantages of the legislation of the other Party under the same conditions as a national of that Party, subject to any special provision of this Convention.

The competent authorities of the Parties may agree to modify the provisions of Articles 5 to 7 of this Convention in respect of particular persons or categories of persons.

For the purpose of a claim for invalidity pension under the legislation of the Philippines by a person ordinarily resident in the territory of that Party who would not otherwise be entitled to receive that pension because of his failure to satisfy the contribution conditions applicable to that pension, contribution periods completed by that person as an employed or as a self-employed person under the legislation of the United Kingdom shall be treated in accordance with Article 9 of this Convention as if they were contribution periods completed under the legislation of the Philippines.

Where a person does not simultaneously satisfy the conditions for entitlement to an old age pension under the legislation of both Parties, his entitlement under the legislation of one Party shall be established as and when he satisfies the conditions laid down by the legislation of that Party. The provisions of Article 12 of this Convention shall be applied where there is no entitlement under the provisions of Article 11 of this Convention to an old age pension under the legislation of that Party and his entitlement shall be determined afresh under those provisions when the conditions under the legislation of the other Party are satisfied.

Where a person is employed in the territory of one Party and the legislation of the other Party applies to him in accordance with any of the provisions of Articles 5 to 8 of this Convention, he shall be treated under that legislation for the purpose of any claim for benefit in respect of an industrial accident or an industrial disease contracted during that employment, as if the accident had occurred or the disease had been contracted in the territory of the latter Party. Where benefit would be payable in respect of that claim if the person were in the territory of the latter Party, it shall be payable while he is in the territory of the former Party, but while such benefit is so payable, no benefit shall be payable in respect of that accident or disease under the legislation of the Party in whose territory the accident or disease occurred.

No certificate, document or statement of any kind written in an official language of either Party shall be rejected on the ground that it is written in a foreign language.

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

This Convention shall remain in force for an indefinite period. Either Party may denounce it at any time by giving six months' notice in writing to the other Party.

In the event of the termination of this Convention, any right to benefit acquired by a person in accordance with its provisions shall be maintained and negotiations shall take place for the settlement of any other rights then in course of acquisition by virtue of its provisions.In witness whereof the undersigned, duly authorized by their respective Governments, have signed this Convention.Done in duplicate at London this 27th day of February 1985.

For the Government of the United Kingdom of Great Britain and Northern Ireland:	For the Government of the Republic of the Philippines:
Richard Luce	Gilbert Teodoro

Editorial notes

[^c2181124]: See Cmnd. 9560.

[^c2181125]: 1975 c. 14; subsection (1) of section 143 was amended by section 20(1) of the Social Security (Miscellaneous Provisions) Act 1977 (c. 5) and section 65(2) of and Schedule 11 to the Social Security Act 1986 (c. 50). Subsection (1A) of section 143 was inserted by section 6(1) of the Social Security Act 1981 (c. 33).

[^key-7b4d6781b8f1fc2cb84e5b44bec457c3]: Order modified (9.4.2001) by Social Security (Reciprocal Agreements) Order 2001 (S.I. 2001/407), arts. 1, 2, Schs. 1, Sch. 2

[^key-eae7afe30164b4fb5ebf7ecb32bd7c9d]: Sch. modified (5.12.2005) by Social Security (Reciprocal Agreements) Order 2005 (S.I. 2005/2765), art. 1, Sch. 1, Sch. 2

[^M_C_68674fc9-a7b7-4b43-a145-1557b4651c81]: Order modified (13.4.1995) by Social Security (Reciprocal Agreements) Order 1995 (S.I. 1995/767), art. 2, Sch. 2, Sch. 3

[^M_F_1684f7a2-57ab-44a1-a4ac-e06f59afdc85]: Words in art. 11(2) substituted (5.12.05) by S.I. 2005/2765, art. 1, 2

[^M_F_3ad2925d-55de-4927-b58e-a6066e6ac793]: Words in art. 11(2) substituted (5.12.05) by S.I. 2005/2765, art. 1, 2

[^M_F_4923bdf2-6807-4c85-f42b-9497acda0da5]: Words in Explanatory note substituted (5.12.05) by S.I. 2005/2765, art. 1, 2

[^M_F_50300b5d-a67f-40be-9734-f044511f27d3]: Words in art. 12(4)(a) substituted (5.12.05) by S.I. 2005/2765, art. 1, 2