The Social Security (Austria) Order 1992

Made: 17th December 1992

Coming into force: 31st December 1992

At the Court at Buckingham Palace, the 17th day of December 1992 Present, The Queen’s Most Excellent Majesty in Council

Now, therefore, Her Majesty, in pursuance of section 179 of the Social Security Administration Act 1992 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 (Austria) Order 1992 and shall come into force on 31st December 1992.

Modification of the Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992 and variation of the Principal Order

2

The Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992 shall be modified and the Principal Order shall be varied so as to give effect to the amendments made to the Principal Convention by the Second Supplementary Convention set out in Schedule 1 to this Order, so far as the same relate to England, Wales and Scotland.

SCHEDULE 1 — SECOND SUPPLEMENTARY CONVENTION

HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND OF HER OTHER REALMS AND TERRITORIES, HEAD OF THE COMMONWEALTH (HEREINAFTER REFERRED TO AS “HER BRITANNIC MAJESTY ”) AND THE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIA

Desiring to amend and supplement the Convention of 22 July 1980 on social security as amended by the Supplementary Convention of 9 December 1985,

Have resolved to conclude a Second Supplementary Convention and for that purpose have appointed as their Plenipotentiaries:

• Her Britannic Majesty:

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

• The Rt. Hon. Douglas Hurd, Secretary of State for Foreign and Commonwealth Affairs;

• The Federal President of the Republic of Austria:

• For the Republic of Austria:

• His Excellency Dr. Alois Mock, Federal Minister for Foreign Affairs;

The Plenipotentiaries, having communicated to each other their full powers, found in good and due form, have agreed as follows:

Article I

For the purposes of this Supplementary Convention,

1

“EEA Agreement” means the Agreement on the European Economic Area dated 2 May 1992 and made between the European Community, its Member States and the Member States of the European Free Trade Association;

2

“Convention” means the Convention on Social Security between the United Kingdom of Great Britain and Northern Ireland and the Republic of Austria which was signed at Vienna on 22 July 1980 as amended by the Supplementary Convention on Social Security between the United Kingdom of Great Britain and Northern Ireland and the Republic of Austria which was signed at London on 9 December 1985;

3

“Regulation EEC 1408/71” means the Regulation (EEC) No 1408/71 of the Council on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and includes amendments and adaptations from time to time applicable thereto;

4

“Implementing Regulation” means the Regulation (EEC) No 574/72 of the Council laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and includes amendments and adaptations from time to time applicable thereto.

Article II

Article III

Article IV

SCHEDULE 2

[No. 1]

18 November 1992

Your Excellency

I have the honour to refer to the Second Supplementary Convention to the Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Austria, signed at London on 13 October 1992, and, in accordance with Article IV(1) of that Supplementary Convention, to notify you that the Government of the United Kingdom has completed the procedures required by its law for the bringing into force of this Convention.

I should be grateful to know when the Government of the Republic of Austria has similarly completed the constitutional procedures which will allow the Supplementary Convention to enter into force on 31 December 1992.

I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration.

M. L. H. HOPE

[No.2]

27 November 1992

I have the honour to refer to your Note of 18 November 1992 informing me that the Government of the United Kingdom has completed the procedures required by its law for the bringing into force of the Second Supplementary Convention to the Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Republic of Austria, signed at London on 13 October 1992, and would hereby inform you that the Government of the Republic of Austria has similarly completed its constitutional procedures required to bring the Second Supplementary Convention to the Convention on Social Security between the Republic of Austria and the United Kingdom of Great Britain and Northern Ireland into force on31 December 1992.

I avail myself of this opportunity to renew to you, Sir, the assurances of my high consideration.

WALTER F. MAGRUTSCH

Signed

N. H. Nicholls — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This Order makes provision for the modification of the Social Security Contributions and Benefits Act 1992 and the Social Security Administration Act 1992 so as to give effect to the Supplementary Convention set out in Schedule 1 to the Order.

The Second Supplementary Convention further amends the Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Austria signed on 22nd July 1980, as amended by a Supplementary Convention signed on behalf of those Governments on 9th December 1985.

The Second Supplementary Convention provides that as from the date on which the Treaty establishing the European Economic Area enters into force, the provisions of the Convention and its accompanying Protocol concerning benefits in kind shall cease to apply to persons to whom Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 (“the EEC Regulations”) apply; rights in course of acquisition under the Convention immediately before the Treaty enters into force are to be determined in accordance with the provisions of the EEC Regulations. The Convention continues to apply to other persons who are insured under the social security schemes of Great Britain and Northern Ireland and to persons who are insured under the social security schemes of the Isle of Man, the Island of Jersey and the Islands of Guernsey.

The Second Supplementary Convention provides for benefits already awarded and claims in course of determination to be governed by the Convention.

Footnotes

[^f00001]: Cm 8048.

[^f00002]: S.I. 1981/605 as amended by S.I. 1988/591.

[^f00003]: Cm 9749.

[^f00004]: S.I. 1987/1830.

[^f00005]: Cm 2051.

[^f00006]: 1992 c. 5.

[^f00007]: 1992 c. 4.