The Social Security (Norway) Order 1991

Made: 20th March 1991

Coming into force: 1st April 1991

At the Court at Buckingham Palace, the 20th day of March 1991

Present,

The Queen’s Most Excellent Majesty in Council

Whereas at Oslo on the 19th June 1990 a Convention on social security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of Norway (hereinafter referred to as “the Convention”) and a Protocol supplementary to the Convention (hereinafter referred to as “the Protocol”) were signed on behalf of those Governments:

And Whereas by Article 38 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 by Article II of the Protocol it is provided that the Protocol shall form an integral part of the Convention:

And Whereas the Convention and the Protocol have been ratified by the said Governments and the instruments of ratification were exchanged on 31st January 1991 and, accordingly, the Convention and the Protocol enter into force on 1st April 1991:

And Whereas by section 143 of the Social Security Act 1975 and section 15 of the Child Benefit Act 1975 it is provided that Her Majesty may by Order in Council make provision for modifying or adapting the said Social Security Act and for modifying the provisions of Part I of the said Child Benefit Act and regulations made under it in their application to cases affected by agreements with other Governments providing for reciprocity in matters specified in those sections:

And Whereas by virtue of section 166(4) of the Social Security Act 1975 any Order in Council made under the said section 143 may be varied by a subsequent Order in Council made under that section:

Now, therefore, Her Majesty, in pursuance of the said section 143, and the said section 15, 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 (Norway) Order 1991 and shall come into force on 1st April 1991.

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 and the Protocol set out in the Schedule to this Order so far as the same relate to England, Wales and Scotland.

Modification of the Child Benefit Act 1975

3

Part I of the Child Benefit Act 1975 and any regulations made under it shall be modified to such extent as may be required to give effect to the provisions contained in the Convention and the Protocol set out in the Schedule to this Order so far as the same relate to England, Wales and Scotland.

Revocation and variation of Orders

4

• (1) The Family Allowances, National Insurance and Industrial Injuries (Norway) Order 1958 is hereby revoked.

• (2) The reference to the said Order of 1958 shall be omitted in Schedule 1 to the Social Security (Reciprocal Agreements) Order 1976 , in the Schedule to the Social Security (Reciprocal Agreements) Order 1979 and in the Schedule to the Social Security (Reciprocal Agreements) Order 1988 .

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

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

Having established reciprocity in the field of social security by means of the Convention which was signed on their behalf at London on 25th July 1957;

Desiring to extend and modify the scope of that reciprocity and to take account of changes in their legislation;

Having included reciprocal provisions in relation to medical treatment in the Protocol concerning Medical Treatment which forms an integral part of this Convention;

Have agreed as follows:

PART I — General Provisions

A person subject to the legislation of one Party who becomes resident or present in the territory of the other Party shall 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 provisions of this Convention.

PART II — PROVISIONS WHICH DETERMINE THE LEGISLATION Applicable

The competent authorities of the two Parties may agree to modify the provisions of Articles 5 to 8 of this Convention.

PART III — SPECIAL PROVISIONS

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

Section 2 — special provisions relating to persons on the continental shelf

For the purpose of applying the provisions of Articles 24 to 28 of this Convention to persons to whom the provisions of paragraphs (4) to (8) of Article 6 of this Convention are applicable, any period of presence completed under the legislation of Norway in the Continental Shelf Area of either Party shall be treated as if it were a period of presence in the territory of the United Kingdom.

Section 3 — sickness and maternity benefits

Where, but for the provisions of this Article, a person would be entitled to receive sickness benefit or maternity allowance (including United Kingdom statutory sick pay or statutory maternity pay) under the legislation of both Parties for the same period whether by virtue of this Convention or otherwise that benefit or allowance shall be granted only under the legislation under which the person was last insured before entitlement arose. Nothing in this Article shall allow for the payment of United Kingdom statutory sick pay or statutory maternity pay outside the territory of the United Kingdom.

Section 4 — unemployment benefit

Section 5 — invalidity pension

Section 6 — old age pension and survivors' benefit

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 18 of this Convention shall be applied where there is otherwise no entitlement under the provisions of Article 17 of this Convention to an old age pension under the legislation of that Party and his entitlement shall be determined afresh when the conditions under the legislation of the other Party are satisfied.

Section 7 — benefits for industrial injuries and diseases

Where a person would otherwise have been entitled to any benefit payable in respect of an industrial injury or disease under the legislation of both Parties, that benefit shall be granted exclusively under the legislation of the territory in which the person was last employed.

Section 8 — death grant under the legislation of jersey and norway

For the purpose of any claim for death grant under the legislation in Article 2(1)(a)(iii) any insurance period completed under the legislation of the other Party shall be treated as if it were an insurance period completed under the legislation in Article 2(1)(a)(iii).

Section 9 — orphan’s benefit

Section 10 — child benefit

Section 11 — attendance benefit

For the purpose of any claim for attendance benefit under the legislation of one Party, any period of insurance, residence or presence, as the case may be, completed in the territory of the other Party shall be treated as if it were a period of insurance, residence or presence completed in the territory of the former Party, provided that the person concerned is ordinarily resident in the territory of the former Party.

Section 12 — recovery of advance payments and overpayments of benefit

PART IV — MISCELLANEOUS PROVISIONS

Where any certificate, document or written statement of any kind is submitted to a competent authority of one Party, it shall not be rejected on the ground that it is written in the official language of the other Party.

PART V — TRANSITIONAL AND FINAL PROVISIONS

This Convention shall be ratified and the instruments of ratification shall be exchanged at 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.

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 those provisions.

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

Done in duplicate at Oslo this 19th day of June 1990 in the English and Norwegian languages, both texts being equally authoritative.

For the Government of the United Kingdom of Great Britain and Northern Ireland:

D. J. E. Ratford

For the Government of the Kingdom of Norway:

Wenche Frogn Sellaeg

PROTOCOL CONCERNING MEDICAL TREATMENT

Supplementary to the Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of Norway signed this day.

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

Desiring to provide a national of either of the two Parties during a temporary stay in the territory of the other Party with immediate medical treatment;

Have agreed as follows:

The provisions of Article 2 shall not apply in cases where nationals of one Party go to the territory of the other Party for the purpose of obtaining medical treatment under this Protocol unless the person seeking treatment:

• (1) is employed on a ship or vessel registered in the United Kingdom or in the Isle of Man or in the Island of Jersey or in Norway; or

• (2) is a passenger on a ship or vessel; and

• (3) is employed on the United Kingdom or the Norwegian Continental Shelf Area, and is taken to the territory of the other Party for the purpose of obtaining necessary medical treatment.

Persons covered by Article 3 of the Convention who move from the territory of one Party to become resident in the territory of the other Party shall be entitled to medical treatment under the legislation of the Party in whose territory they have become resident, even in respect of an illness which had occurred during periods when they were subject to the legislation of the other Party. This provision shall not apply in cases where a person moves to the territory of either Party for the purpose of obtaining medical treatment.

Detached workers covered by Article 6 of the Convention, including accompanying family members, shall be provided with medical treatment during the period of detachment by the Party in whose territory they have been sent to work. Such persons shall produce documentation as required under that Article.

Medical treatment provided under this Protocol shall be available on terms no less favourable, including payment of appropriate charges, than those which apply:

• (1) in the case of the United Kingdom, to a person resident in the territory of the United Kingdom; or

• (2) in the case of Norway, to a person insured for medical treatment under the National Insurance Act.

Apart from charges normally met by nationals of either Party, the costs of medical treatment under this Protocol shall be borne by the competent authorities of each Party, except for those costs which are the responsibility of employers in accordance with the relevant legislation of the Parties.

The costs of the transport of persons from the Continental Shelf Areas, ships or vessels to the territory of either Party shall not be borne by the competent authorities of either Party.

The competent authorities shall send to each other as soon as possible details of any changes in laws or regulations operating in their respective territories which may significantly affect the nature and scope of services provided under this Protocol.

Any disagreement relating to this Protocol shall be resolved by consultation between the competent authorities.

This Protocol, which shall enter into force at the same time as the Convention shall form an integral part of the Convention.

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

Done in duplicate at Oslo this 19th day of June 1990 in the English and Norwegian languages, both texts being equally authoritative.

For the Government of the United Kingdom of Great Britain and Northern Ireland:

D. J. E. Ratford

For the Government of the Kingdom of Norway:

Wenche Frogn Sellaeg

Signed

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

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: See Cmnd. 1331.

[^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 Act1986 (c. 50). Subsection (1A) of section 143 was inserted by section 6(1) of the Social Security Act 1981 (c. 33).

[^f00003]: 1975 c. 61; subsection (1A) of section 15 was inserted by section 6(2) of the Social Security Act 1981.

[^f00004]: S.I. 1958/423.

[^f00005]: S.I. 1976/225.

[^f00006]: S.I. 1979/290.

[^f00007]: S.I. 1988/591.

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

Having established reciprocity in the field of social security by means of the Convention which was signed on their behalf at London on 25th July 1957;

Desiring to extend and modify the scope of that reciprocity and to take account of changes in their legislation;

Having included reciprocal provisions in relation to medical treatment in the Protocol concerning Medical Treatment which forms an integral part of this Convention;

Have agreed as follows:

ARTICLE 1

• (1) For the purpose of this Convention:

• (a) “legislation” means, in relation to a Party, such of the legislation specified in Article 2 of this Convention as applies in the territory of that Party or in any part thereof;

• (b) “competent authority” means the authority responsible for the social security schemes in all or part of the territory of each Party; that is to say, in relation to the United Kingdom, the Secretary of State for Social Security, the Department of Health and Social Services for Northern Ireland, the Isle of Man Department of Health and Social Security, or the Social Security Committee of the States of Jersey, as the case may require and, in relation to Norway, the Ministry of Health and Social Affairs or the Ministry of Local Government and Labour, as the case may require.

• (c) “insurance authority” means, in relation to the United Kingdom, the authority competent to decide entitlement to the benefit in question and, in relation to Norway, the institution or authority competent for the application of the legislation specified in paragraph (1)(b) of Article 2 of this Convention;

• (d) “competent institution” means the the institution from which the person concerned is entitled to receive benefit or would be entitled to receive benefit if he were resident in the territory of the Party where the institution is situated;

• (e) “insured” means, in relation to the United Kingdom, that contributions have been paid by or are payable by or in respect of, or have been credited in respect of, the person concerned, or for the purpose of Section 7 of Part III of this Convention, that the person concerned is, or is treated as being, an employed person, and, in relation to Norway, a person who is insured in accordance with the legislation specified in paragraph (1)(b) of Article 2 of this Convention;

• (f) “insurance period” means, in relation to the United Kingdom, a contribution period or an equivalent period and, in relation to Norway, a period in respect of which a period has been insured as specified in paragraph (1)(e) of this Article for the benefit in question;

• (g) “contribution period” means, in relation to the United Kingdom, a period in respect of which contributions appropriate to the benefit in question are payable, have been paid or treated as paid under the legislation of the United Kingdom and, in relation to Norway, an insurance period;

• (h) “equivalent period” means, in relation to the United Kingdom, a period for which contributions appropriate to the benefit in question have been credited under the legislation of the United Kingdom;

• (i) “pension”, “allowance” or “benefit” includes any increase of, or any additional amount payable with, a pension, allowance or benefit respectively;

• (j) “unemployment benefit” means, in relation to Norway, benefit defined as daily cash benefit during unemployment under the legislation of Norway;

• (k) “sickness benefit” means, in relation to Norway, sickness benefit including rehabilitation allowance paid after the expiry of the sickness benefit period during continued medical treatment aimed at improving the capacity for work;

• (l) “maternity allowance” means, in relation to Norway, daily cash benefit payable in the case of maternity and adoption; the term shall not include special benefits payable to single parents under the legislation of Norway;

• (m) “invalidity pension” means, in relation to Norway, a disability pension as defined in the legislation of Norway including rehabilitation allowance paid in all situations other than those referred to in sub-paragraph (k) in relation to sickness benefit;

• (n) “old age pension” means, in relation to the United Kingdom, a retirement pension or old age pension payable under the legislation of the United Kingdom;