The Social Security (Jersey and Guernsey) Order 1994

Made: 2nd November 1994

Coming into force: 2nd November 1994

At the Court at Buckingham Palace, the 2nd day of November 1994

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in pursuance of section 179(1)(a) and (2) 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 (Jersey and Guernsey) Order 1994 and shall come into force on 2nd November 1994.

Modification of the Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992

2

The Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992 and any regulations made or having effect thereunder shall be modified to such an extent as may be required to give effect to the provisions contained in the Agreement on Social Security set out in the Schedule to this Order so far as the same relate to England, Wales and Scotland.

Revocation and Amendment of Orders

3

• (1) The Family Allowances (Jersey) Order 1973 , the Child Benefit (Guernsey) Order 1977 , the Social Security (Jersey and Guernsey) Order 1978 , the Social Security (Jersey and Guernsey) Order 1982 , the Social Security (Jersey and Guernsey) Order 1983 and the Social Security (Jersey and Guernsey) Order 1992 are hereby revoked.

• (2) The reference to the Family Allowances (Jersey) Order 1973 shall be omitted in the Schedule to the Child Benefit (Residence and Persons Abroad) Regulations 1976 and the Social Security (Jersey and Guernsey) Order 1978, and the reference to the Social Security (Jersey and Guernsey) Order 1982 and the Social Security (Jersey and Guernsey) Order 1983 shall be omitted in the Schedule to the Social Security (Reciprocal Agreements) Order 1988 .

SCHEDULE — AGREEMENT ON SOCIAL SECURITY BETWEEN THE SECRETARY OF STATE FOR SOCIAL SECURITY, THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES FOR NORTHERN IRELAND AND THE LIEUTENANT-GOVERNOR OF THE ISLE OF MAN, WITH THE ADVICE AND CONSENT OF THE ISLE OF MAN DEPARTMENT OF HEALTH AND SOCIAL SECURITY, OF THE FIRST PART, THE SOCIAL SECURITY COMMITTEE, WITH THE CONSENT OF THE STATES OF JERSEY, OF THE SECOND PART, AND THE GUERNSEY SOCIAL SECURITY AUTHORITY, WITH THE CONSENT OF THE STATES OF GUERNSEY, OF THE THIRD PART

PART I — GENERAL PROVISIONS

Article 1 — Definitions

Article 2 — Scope of Legislation

Article 3 — Equal Treatment

A person, together with his dependants and survivors, who is, or has been, subject to the legislation of a Party shall, while he is in the territory of any other Party, enjoy the provisions of the legislation of that other Party under the same conditions as a national of that Party, subject to the special provisions of this Agreement.

Article 4 — Refugees and Stateless Persons

This Agreement shall apply to refugees and stateless persons who are residing in the territory of any of the Parties. It shall apply under the same conditions to members of their families, and to their survivors, with respect to the rights they derive from those refugees or stateless persons.

Article 5 — Provisions for the Export of Benefit

PART II — PROVISIONS WHICH DETERMINE THE LEGISLATION APPLICABLE CONCERNING CONTRIBUTION LIABILITY

Article 6 — General Provisions

Article 7 — Detached Workers

Subject to Articles 8 and 9, where a person insured under the legislation of one Party and employed by an employer in the territory of that Party is sent by that employer to work in the territory of any other Party, the legislation of the former Party concerning liability for contributions shall continue to apply to him as if he were employed in the territory of that Party, provided that the employment in the territory of any other Party is not expected to last for more than three years, and the legislation of that other Party shall not apply to him.

Article 8 — Travelling Personnel

Subject to Article 9, the following provisions shall apply to any person employed as a member of the travelling personnel of an undertaking engaged in the transport of passengers or goods whether for another undertaking or on its own account:

• (a) subject to sub-paragraphs (b) and (c), where a person is employed by an undertaking which has its principal place of business in the territory of one Party, the legislation of that Party concerning liability for contributions shall apply to him as if he were employed in its territory even if he is employed in the territory of any other Party;

• (b) subject to sub-paragraph (c), where the undertaking has a branch or agency in the territory of one Party and a person is employed by that branch or agency, the legislation of that Party concerning liability for contributions shall apply to him;

• (c) where a person is ordinarily resident in the territory of one Party and is employed wholly or mainly in that territory, the legislation of that Party concerning liability for contributions shall apply to him, even if the undertaking which employs him does not have a place of business or branch or any agency in that territory.

Article 9 — Mariners and others Employed on Board a Ship or Vessel

Article 10 — Government Servants

Where any person who is in the Government Service of one Party or in the service of any public corporation of that Party is employed in the territory of any other Party, the legislation of the former Party concerning liability for contributions shall apply to him as if he were employed in its territory.

Article 11 — Modification Provisions

Exceptionally, the competent authorities of the Parties may agree to modify the application of Articles 6 to 10 in respect of particular persons or categories of persons.

PART III — SPECIAL PROVISIONS

Article 12 — Conversion Formulae for Contributions

PART IV — BENEFIT PROVISIONS

Section 1 — Provisions for Sickness, Maternity, Invalidity and Unemployment

Article 13 — Sickness Benefit and Maternity Allowance

Article 14 — Maternity Grant Under the Legislation of Jersey and Guernsey

Article 15 — Invalidity Benefit

Where a person has been insured under the legislation of more than one Party, the competent authority in the territory of the Party whose legislation was applicable when incapacity for work followed by invalidity began shall determine, in accordance with its legislation, whether the person concerned satisfies the conditions for entitlement to invalidity benefit taking account, where appropriate, of any insurance period which that person has completed under the legislation of any other Party as if it were an insurance period completed under its legislation.

Article 16 — Unemployment Benefit Under the Legislation of the United Kingdom and Guernsey

Section 2 — Retirement Pension and Widow’s Benefit

Article 17 — General Provisions

Article 18 — Pro-rata Pensions

Article 19 — Insurance Periods to be taken into Account

For the purpose of applying Article 18 the competent authority of any Party shall take account only of insurance periods completed under the legislation of any other Party which would be taken into account for the determination of pensions under the legislation of that Party if they had been completed under its legislation, and shall, where appropriate, take into account, in accordance with its legislation, insurance periods completed by a spouse, or former spouse, as the case may be.

Article 20 — Overlapping Periods

For the purpose of applying Article 18:

• (a) where a compulsory insurance period completed under the legislation of one Party coincides with a voluntary insurance period completed under the legislation of any other Party, only the compulsory insurance period shall be taken into account, provided that the amount of pension payable under the legislation of any other Party under paragraph (2) of Article 18 shall be increased by the amount by which the pension payable under the legislation of that Party would have been increased if all voluntary contributions paid under that legislation had been taken into account;

• (b) where a contribution period completed under the legislation of one Party coincides with an equivalent period completed under the legislation of any other Party, only the contribution period shall be taken into account;

• (c) where an equivalent period completed under the legislation of one Party coincides with an equivalent period completed under the legislation of any other Party, account shall be taken only of the equivalent period completed under the legislation under which the insured person was last insured before the day when the periods in question began or, if he was never insured before that day, under the legislation under which he first became insured after the day when the periods in question ended;

• (d) where a compulsory contribution period completed under the legislation of one Party coincides with a compulsory contribution period completed under the legislation of any other Party, each Party shall take into account only the compulsory contribution period completed under its own legislation;

• (e) where a voluntary contribution period completed under the legislation of one Party coincides with a voluntary contribution period completed under the legislation of any other Party, each Party shall take into account only the voluntary contribution period completed under its own legislation;

• (f) where it is not possible to determine accurately the period of time in which certain insurance periods were completed under the legislation of one Party, such insurance periods shall be treated as if they did not overlap with insurance periods completed under the legislation of any other Party and shall be taken into account to the best advantage of the beneficiary.

Article 21 — Benefits to be Excluded

For the purpose of applying Article 18 no account shall be taken of the following benefits payable under the legislation of the United Kingdom:

• (a) any additional pension payable;

• (b) any graduated retirement benefit payable by virtue of any graduated contributions paid before 6 April 1975;

• (c) any invalidity allowance payable;

but any such benefit shall be added to the amount of any benefit payable under that legislation in accordance with paragraph (2) of Article 18.

Article 22 — Non-simultaneous Entitlement

Where a person does not simultaneously satisfy the conditions for entitlement to a retirement pension under the legislation of two or more Parties, his entitlement from each Party shall be established as and when he satisfies the conditions applicable under the legislation of that Party, taking account, where appropriate, of Article 18.

Article 23 — Widow’s Benefit

Section 3 — Benefits for Industrial Accidents and Industrial Diseases

Article 24 — General Provisions

Article 25 — Dual Attribution and Aggravation of an Industrial Disease

Article 26 — Dual Entitlement

A person shall not be entitled, whether by virtue of this Agreement or otherwise, to receive sickness benefit, including industrial injury benefit under the legislation of Guernsey, invalidity benefit or maternity allowance under the legislation of one Party for any period during which he is entitled to benefit, other than a pension, under the legislation of any other Party in respect of incapacity for work which results from an industrial accident or an industrial disease.

Section 4 — Family Benefits

Article 27 — Orphan’s Benefit under the Legislation of the United Kingdom and Guernsey

Article 28 — Child Benefit

Section 5 — Attendance Benefit and Death Grant

Article 29 — Attendance Benefit

Article 30 — Death Grant Under the Legislation of Jersey or Guernsey

PART V — MISCELLANEOUS PROVISIONS

Article 31 — Recovery of Advance Payments and Overpayments of Benefit

Where a competent authority of one Party has made a payment of any benefit to a person for any period, or event, in advance of the period, or event, to which it relates or has paid him any benefit for a period, or event, whether by virtue of this Agreement or otherwise, and the competent authority of any other Party afterwards decides that the person is entitled to benefit for that period, or event, under its legislation, the competent authority of that Party, at the request of the competent authority of the former Party, shall deduct from the benefit due for that period, or event, under its legislation any overpayment which, by virtue of this Agreement, results from the advance payment of benefit, or from the benefit paid, by the competent authority of the former Party and shall, where appropriate, transmit this sum to the competent authority of the former Party.

Article 32 — Arrangements for Administration and Co-operation

Article 33 — Submission of Claim or Appeal

Article 34 — Method of Payment

Where a person in the territory of one Party, is receiving benefit under the legislation of any other Party, it shall be payable by whatever method the competent authority of that Party deems appropriate, except that in the case of a person who on 27 July 1992 was residing in Jersey or Guernsey and was being paid a retirement pension or widow’s benefit by serial order under the legislation of the United Kingdom, that person shall be entitled to continue to receive that benefit by serial order.

Article 35 — Resolution of Disputes

PART VI — TRANSITIONAL AND FINAL PROVISIONS

Article 36 — Prior Acquisition of Rights—Former Agreement Replaced by this Agreement

Article 37 — Coming into Force and Life of the Agreement

This Agreement shall come into force on 2 November 1994 and shall remain in force for an indefinite period. Any of the Parties may denounce it by giving six months notice in writing to both of the other Parties.

Article 38 — Rights on Termination of this Agreement not Replaced by Another

In the event of the termination of this Agreement and unless a new Agreement containing provisions regulating the matter is made, any right to benefit acquired by a person in accordance with this Agreement 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.

Signed

N. H. Nicholls — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: 1992 c. 5.

[^f00002]: 1992 c. 4.

[^f00003]: See section 179(5) of the Social Security Administration Act 1992.

[^f00004]: S.I. 1973/1085.

[^f00005]: S.I. 1977/592.

[^f00006]: S.I. 1978/1527.

[^f00007]: S.I. 1982/1527.

[^f00008]: S.I. 1983/604.

[^f00009]: S.I. 1992/1735.

[^f00010]: S.I. 1976/963.

[^f00011]: S.I. 1988/591.

Article 1 — Definitions

• (1) For the purpose of this Agreement, except where the context otherwise requires:

“additional pension” payable under the legislation of the United Kingdom means any additional pension based on the payment of insurance contributions above the level required for entitlement to basic pension;

“attendance benefit” means, in relation to the United Kingdom, attendance allowance or disability living allowance payable under the legislation of the United Kingdom, in relation to Jersey, attendance allowance payable under the legislation of Jersey and, in relation to Guernsey, attendance allowance payable under the legislation of Guernsey;

“benefits for industrial accidents and industrial diseases” means—

• (i) a pension or benefit payable to a person for loss of physical or mental faculty as a result of an industrial accident or an industrial disease arising out of, and in the course of, employed earner’s employment under the legislation of the United Kingdom, and accident benefit payable under the legislation of Jersey, or

• (ii) a benefit payable to a person for personal injury or for loss of physical or mental faculty as a result of an accident arising out of, and in the course of, an insured person’s employment or self-employment or an industrial disease under the legislation of Guernsey;

“Category A retirement pension” means either, or both, a basic retirement pension and an additional pension based on a person’s own insurance contributions or, for certain persons whose marriages have ended by divorce or widowhood, a basic retirement pension based on the former spouse’s insurance contributions, payable under the legislation of the United Kingdom, and an old age pension based on a person’s own contributions or, for certain persons whose marriages have ended by divorce or widowhood, based on the former spouse’s contributions, payable under the legislation of Jersey or Guernsey;

“Category B retirement pension” means a basic retirement pension payable to a married woman on her husband’s contributions, or, for a widow or widower, either, or both, a basic retirement pension and an additional pension based on the late spouse’s contributions, payable under the legislation of the United Kingdom, and an old age pension payable under the legislation of Jersey or Guernsey to a married woman by virtue of the contributions of her husband while he is alive;

“child benefit” means child benefit or family allowance payable under the legislation of any of the Parties;

“competent authority” means, in relation to the territory of the United Kingdom, the Department of Social Security for Great Britain, the Department of Health and Social Services for Northern Ireland, the Department of Health and Social Security of the Isle of Man, and, in relation to Jersey, the Social Security Committee of the States of Jersey, and, in relation to Guernsey, the Guernsey Social Security Authority, as the case may require;

“contribution period” means 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 in question;

“death grant” means a death grant payable under the legislation of Jersey or Guernsey;

“dependant” means a person who would be treated as such for the purpose of any claim for an increase of benefit in respect of a dependant under the legislation concerned;