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 SWEDEN
The Government of the United
Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom
of Sweden;
Having established reciprocity in
the field of social security by means of the Convention which was signed on
their behalf at Stockholm on 9th June, 1956;
Desiring to extend and modify the
scope of that reciprocity and to take account of changes in their legislation;
Have agreed as
follows –
PART I
GENERAL PROVISIONS
ARTICLE 1
(1) For
the purpose of this Convention –
(a) “the United Kingdom” means the
United Kingdom of Great Britain and Northern Ireland and “Sweden”
means the Kingdom of Sweden;
(b) “territory” means, in relation
to the United Kingdom, England, Scotland, Wales, Northern Ireland and also the
Isle of Man, the Island of Jersey and the Islands of Guernsey, Alderney, Herm
and Jethou and, in relation to Sweden, the territory of Sweden;
(c) “legislation” means the
legislation specified in Article 2 of this Convention which is in force in
the territory of one (or the other) State or in any part of that territory;
(d) “competent authority” means, in
relation to the territory of the United Kingdom, the Secretary of State for
Social Services, the Department of Health and Social Services for Northern
Ireland, the Isle of Man Department of Health and Social Security, the Social
Security Committee of the States of Jersey or the States of Guernsey Insurance
Authority as the case may require, and, in relation to Sweden, the Government
or the authority nominated by the Government;
(e) “insurance authority” means the
authority or institution competent to decide entitlement to the benefit in question;
(f) “competent institution”
means the authority or 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 State where that authority or institution is situated;
(g) “insured” means, in relation to
the territory of the United Kingdom, that contributions have been paid or are
payable by or in respect of the person concerned, or have been credited to him
or for the purposes of Articles 21 to 23 of this Convention, that the person
is, or is treated as being, an employed person;
(h) “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 of one or
the other State;
(j) “insurance period” means a
contribution period, a period of employment or any other period recognised as a
period of insurance or an equivalent period by the legislation under which it
was completed, including any calendar year for which pension points have been
credited under the Swedish social insurance scheme for the purpose of a
supplementary pension on the basis of income from employment or other economic
activity during the year in question or a portion thereof;
(k) “equivalent period” means in
relation to the territory of the United Kingdom a period for which
contributions appropriate to the benefit in question have been credited under
the legislation of that State;
(l) “pension”, “allowance”
or “benefit” mean a pension, allowance or benefit under the
applicable legislation, including all the constituent parts thereof which are
financed out of public funds as well as all increases and additional payments;
(m) “old age pension” includes, in
relation to the territory of the United Kingdom, a retirement pension under the
legislation of that State and, in relation to Sweden, an old age pension in the
form of a basic pension or a supplementary pension;
(n) “benefit in respect of childbirth”
means, in relation to the territory of the United Kingdom, maternity allowance
under the legislation of that State and, in relation to Sweden, parental
benefit;
(o) “survivor’s benefit” means
in relation to the territory of the United Kingdom, widow’s allowance,
widowed mother’s allowance and widow’s pension under the
legislation of that State;
(p) “orphan’s benefit” means,
in relation to the territory of the United Kingdom, guardian’s allowance
and child’s special allowance under the legislation of that State and, in
relation to Sweden, child’s pension under the legislation of Sweden;
(q) “family allowance” includes, in
relation to the territory of the United Kingdom, child benefit under the
legislation of that State, and in relation to Sweden, general children’s
allowance under the legislation of that State;
(r) “ship or vessel” means, in
relation to the territory of the United Kingdom, any ship or vessel, whose port
of registry is a port in that territory or in the case of a hovercraft, which
is registered in that territory, or any other ship or vessel of which the owner
(or managing owner if there is more than one owner) or manager resides or has his
principal place of business in that territory and, in relation to Sweden, any
ship or vessel flying the Swedish Flag;
(s) “gainfully occupied” means being
an employed or self-employed person;
(t) “employed person” means a person
who comes within the definition of an employed person or an employed earner or
a person who is treated as such in the applicable legislation;
(u) “employment” means employment as
an employed person;
(v) “self-employed
person” means a person who comes within the definition of a self-employed
earner or a person who is treated as such in the applicable legislation;
(w) “social assistance” means, in relation
to the territory of the United Kingdom, supplementary benefit under the
legislation of that State, and, in relation to Sweden, social assistance
provided for in Swedish laws.
(2) Other
words and expressions which are used in the Convention have the meanings respectively
assigned to them in the legislation concerned.
(3) For
the purpose of applying those provisions of this Convention which apply to
nationals of one or the other State “national” means, in relation
to the United Kingdom, any British citizen, British Dependent Territories
citizen, British Overseas citizen or British subject.
ARTICLE 2
(1) The
provisions of this Convention shall apply –
(a) in relation to the territory of the United
Kingdom, to –
(i) the Social
Security Acts 1975 to 1984 and the Social Security (Northern Ireland)
Acts 1975 to 1984;
(ii) the
Social Security Acts 1975 to 1984 (Acts of Parliament) as those Acts
apply to the Isle of Man by virtue of Orders made, or having effect as if made,
under the Social Security Act 1982 (an Act of Tynwald);
(iii) the Social Security (Jersey)
Law 1974;
(iv) the Social
Insurance (Guernsey) Law 1978;
(v) the Child Benefit
Act 1975, the Child Benefit (Northern Ireland) Order 1975 and the Child
Benefit Act 1975 (an Act of Parliament) as that Act applies to the Isle of
Man by virtue of Orders made, or having effect as if made, under the Social
Security Act 1982 (an Act of Tynwald); the Family Allowances (Jersey)
Law 1972 and the Family Allowances (Guernsey) Law 1950;
and the legislation which was consolidated by those Acts, Laws or
Orders or repealed by legislation consolidated by them;
(b) in relation to the territory of Sweden, to
the legislation on –
(i) insurance for
sickness cash benefit and parental insurance;
(ii) basic
pension;
(iii) supplementary
pension insurance;
(iv) general
children’s allowances;
(v) occupational accidents
and diseases insurance;
(vi) unemployment
insurance and labour market cash support.
(2) Subject
to the provisions of paragraphs (3) and (4) of this Article, this
Convention shall apply also to any legislation which supersedes, replaces,
amends, supplements or consolidates the legislation specified in paragraph (1)
of this Article.
(3) This
Convention shall not apply to Regulations on social security of the European
Communities or to any convention on social security which either State has
concluded with a third state or to any laws or regulations which amend the
legislation specified in paragraph (1) of this Article for the purpose of
giving effect to such a convention but shall not prevent either State from
taking into account under its legislation the provisions of any convention
which that State has concluded with a third state.
(4) This
Convention shall apply to any legislation which relates to a branch of social
security not covered by the legislation specified in paragraph (1) of this
Article, only if the two States make an agreement to that effect.
ARTICLE 3
(1) Insofar
as it does not contain provisions to the contrary, this Convention shall apply
to –
(a) nationals of the States and persons deriving
their rights from such nationals;
(b) other persons who are, or have been, covered
by the legislation of either of the States and to persons deriving their rights
from such persons.
(2) Except
where otherwise provided in this Convention, nationals of one State, who are
resident in the territory of the other State, shall be treated as nationals of
the latter State in the implementation of the legislation of that State.
(3) The
provision0073 in paragraph (2) of this Article shall mutatis mutandis also apply to –
(a) refugees and stateless persons, as referred
to in the Convention of 28th July, 1951 relating to the Status of Refugees
and the Protocol of 31 January, 1967 to the said Convention, as well as
the Convention of 28th September, 1954 relating to the Status of Stateless
Persons;
(b) other persons with regard to rights which
they derive from a national of one State or from a refugee or a stateless person
referred to in this Article.
ARTICLE 4
(1) Subject
to the provisions of Articles 14 to 23 of this Convention –
(a) old age pension, survivor’s benefit,
invalidity benefit other than non-contributory invalidity pensions, or any
pension, allowance or gratuity payable in respect of an industrial injury or
industrial disease under the legislation of the United Kingdom shall be payable
to persons in the territory of Sweden, as if they were in the territory of the
United Kingdom;
(b) old age, invalidity and survivor’s
pensions as well as cash benefits for industrial injuries and diseases under
the legislation of Sweden shall be payable to persons residing in the territory
of the United Kingdom, as if they were residing in the territory of Sweden.
(2) Where,
under the legislation of one State, any benefit for which specified provision
is made in this Convention or any increase of such benefit would be payable for
a dependant if he were in the territory of that State, it shall be paid while he
is in the territory of the other State.
(3) Except
where otherwise provided in this Convention, pensions, allowances or benefits
payable by one State shall be paid to nationals of the other State who are
resident in a third state, on the same terms and to the same extent as to
nationals of the first State, resident in that third state.
PART II
PROVISIONS WHICH DETERMINE THE LEGISLATION APPLICABLE
ARTICLE 5
(1) Subject
to the following provisions of this Article and the provisions of Articles 6
to 9 of this Convention, where a person is gainfully occupied, his liability to
be insured shall be determined under the legislation of the State in whose
territory he is so occupied. Where a person is gainfully occupied in the
territories of both States, he shall be liable to be insured in each territory
in respect of his gainful occupation in that territory.
(2) Where
a person is not gainfully occupied, any liability to be insured shall be
determined under the legislation of Sweden if he is resident there or under the
legislation of the territory of the United Kingdom if he is ordinarily resident
in that territory.
ARTICLE 6
(1) Where
a person, who is insured under the legislation of one State and is employed by
an employer in the territory of that State, is sent by that employer to work in
the territory of the other State, the legislation of the former State shall
continue to apply to him as if he were employed in the territory of that State
provided that the employment in the territory of the latter State is not
expected to last for more than twelve months. Where, for unforeseen reasons, his
employment in the territory of the latter State continues after such a period
of twelve months, the legislation of the former State shall continue to apply
to him for a further period of not more than twelve months, provided that the
competent authority of the latter State agrees thereto before the end of the first
period of twelve months.
(2) 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 by road or air, whether for another undertaking or on its own
account –
(a) subject to the provisions of sub-paragraphs (b)
and (c) of this paragraph, where a person is employed by an undertaking which
has its principal place of business in the territory of one State, the
legislation of that State shall apply to him, even if he is resident in the
territory of the other State;
(b) subject to the provisions of sub-paragraph (c)
of this paragraph, where the undertaking has a branch or agency in the
territory of one State and a person is employed by that branch or agency the
legislation of that State shall apply to him;
(c) where a person is resident in the territory
of one State and is employed in that territory, the legislation of that State
shall apply to him, even if the undertaking which employs him does not have its
principal place of business or any branch or agency in that territory.
(3) A
person, who is subject to Swedish legislation under the provisions of this Article,
shall for such purposes be considered to be resident in Sweden.
ARTICLE 7
(1) Subject
to the provisions of paragraphs (2) and (3) of this Article, where a person
is employed on board any ship or vessel of one State, the legislation of that
State shall apply to him as if any conditions relating to residence were satisfied
in his case, provided that he is a national of either State.
(2) Where
a person, who is insured under the legislation of one State and employed in the
territory of that State or on board any ship or vessel of that State, is sent
by an employer in the territory of that State to work on board a ship or vessel
of the other State, the legislation of the former State shall continue to apply
to him provided that his employment on board the ship or vessel of the latter
State is not expected to last for a period of more than twelve months. Where,
for unforeseen reasons, his employment on board the ship or vessel of the
latter State continues after such period of twelve months, the legislation of the
former State shall continue to apply to him for a further period of not more
than twelve months, provided that the competent authority of the latter State
agrees thereto before the end of the first period of twelve months.
(3) Where
a person, who is resident in the territory of one State and employed on board
any ship or vessel of the other State, is paid remuneration in respect of that
employment by a person who is resident in, or by an undertaking which has its
principal place of business in the territory of the former State, the
legislation of the former State shall apply to him as if the ship or vessel
were a ship or vessel of the former State, and the person or undertaking by
whom the remuneration is paid shall be treated as the employer for the purposes
of such legislation.
ARTICLE 8
(1) This
Convention does not affect the provisions of the Vienna Convention on
Diplomatic Relations and the Vienna Convention on Consular Relations as far as
they concern the legislation mentioned in paragraphs (1) and (2) of Article 2.
(2) Subject
to the provisions of Articles 6 and 7 and of paragraph (1) of this Article,
where any person, who is in the Government Service of one State or in the
service of any public corporation of that State, is employed in the territory
of the other State, the legislation of the former State concerning liability to
be insured shall apply to him as if he were employed in its territory, if this
is agreed between the competent authorities in accordance with Article 9.
ARTICLE 9
(1) The
competent authorities of the two States may agree to modify the provisions of Articles 5
to 8 of this Convention in respect of particular persons or categories of
persons.
(2) The
provisions of Article 6 paragraph (3) shall apply, mutatis mutandis, to cases referred to in this Article.
PART III
SPECIAL PROVISIONS
Section 1
SPECIAL PROVISIONS RELATING TO THE APPLICATION OF THE LEGISLATION OF
THE TERRITORY OF THE UNITED KINGDOM
ARTICLE 10
(1) Subject
to the provisions of paragraphs (4) and (5) of this Article, for the
purpose of calculating entitlement to an old age pension under the legislation
of the United Kingdom in accordance with Article 15 of this Convention, or
of calculating entitlement to a United Kingdom widow’s benefit under Article 17,
or of calculating entitlement under the legislation of the United Kingdom to
any benefit specified in Articles 11 to 13 of this convention, insurance
periods completed under the legislation of Sweden before 6th April, 1975
shall be treated as if they had been insurance periods completed under the
legislation of the United Kingdom.
(2) Subject
to the provisions of paragraph (4) of this Article, for the purpose of
calculating entitlement to an old age pension under the legislation of the
United Kingdom in accordance with Article 15 of this Convention, or of
calculating entitlement to a United Kingdom widow’s benefit under Article 17,
or of calculating entitlement under the legislation of the United Kingdom to
any benefit specified in Articles 11 to 13 of this Convention, insurance
periods completed as a self-employed person under the legislation of Sweden
after 5th April, 1975 shall be treated as if they had been insurance
periods completed as a self-employed person under the legislation of the United
Kingdom.
(3) Subject
to the provisions of paragraph (7) of this Article, for the purpose of
calculating an earnings-factor for entitlement to any benefit referred to in Articles 11
to 17 of this convention and provided under the legislation specified in Article 2(1)(a)(i)
and (ii) of this Convention, a person shall be treated for each week beginning
in a relevant tax year commencing on or after 6th April, 1975, the whole
of which week is an insurance period completed as an employed person under the
legislation of Sweden, as having paid a contribution as an employed earner on
earnings equivalent to two-thirds of that year’s weekly upper earnings
limit.
(4) For
the purpose of calculating the appropriate contribution factor to establish
entitlement to any benefit referred to in Articles 11, 12 and 14
to 17 of this convention and provided under the legislation specified in Article 2(1)(a)(iii)
of this convention, a person shall be treated –
(a) for each week in an insurance period
completed under the legislation of Sweden, being a week in the relevant
quarter, as having paid contributions which derive a quarterly contribution
factor of 0.077 for that quarter;
(b) for each week in an insurance period
completed under the legislation of Sweden, being a week in the relevant year,
as having paid contributions which derive an annual contribution factor of
0.0193 for that year.
(5) For
the purpose of calculating entitlement to benefit in accordance with Articles 11
to 17 and Article 24 of this Convention under the legislation
specified in Article 2(1)(a)(iv) of this Convention, insurance periods
completed under the legislation of Sweden shall be treated as if they had been
insurance periods completed under the legislation of Guernsey.
(6) Subject
to the provisions of paragraphs (8) and (9) of this Article, for the
purpose of converting insurance periods completed under the legislation of the
United Kingdom before 6th April, 1975, each contribution period or
equivalent period completed under the legislation of that State shall be
treated as if it had been an insurance period completed under the legislation
of Sweden.
(7) For
the purpose of converting to an insurance period any earnings factor achieved
in any tax year commencing on or after 6th April, 1975 under the
legislation specified in Article 2(1)(a)(i) and (ii) of this Convention,
the competent authority of the territory of the United Kingdom shall divide the
earnings factor by that year’s lower earnings limit. The result shall be
expressed as a whole number, any remaining fraction being ignored. The figure
so calculated, subject to a maximum of the number of weeks during which the person
was subject to that legislation in that year, shall be treated as representing
the number of weeks in the insurance period completed under that legislation.
(8) For
the purpose of converting to an insurance period any contribution factor
achieved under the legislation specified in Article 2(1)(a)(iii) of this
Convention, the competent authority of the territory of the United Kingdom
shall –
(a) in the case of a quarterly contribution
factor, multiply the factor achieved by a person in a quarter by thirteen; and
(b) in a case of an annual contribution factor,
multiply the factor achieved by a person in a year by fifty-two.
The result shall be
expressed as a whole number, any remaining fraction being ignored. The figure
so calculated, subject to a maximum of the number of weeks during which the person
was subject to that legislation in a quarter or in a year, as the case may be,
shall be treated as representing the number of weeks in the insurance period
completed under that legislation.
(9) For
the purpose of converting insurance periods completed after 5th
April, 1975 under the legislation specified in Article 2(1)(a)(iv) of
this Convention, each insurance period completed under that legislation shall
be treated as if it had been an insurance period completed under the
legislation of Sweden.
(10) Where
it is not possible to determine accurately the periods of time in which certain
insurance periods were completed under the legislation of one State, such
periods shall be treated as if they did not overlap with insurance periods
completed under the legislation of the other State, but they shall be taken
into account to the best advantage of the beneficiary.
(11) For
the purposes of determining entitlement to additional component payable under
the legislation of the territory of the United Kingdom, no account shall be
taken of any insurance period completed under the legislation of Sweden.
Section 2
SICKNESS BENEFIT, BENEFIT IN RESPECT OF CHILDBIRTH AND MATERNITY
GRANT
ARTICLE 11
(1) Where
a person has, since his last arrival in the territory of one State, completed a
contribution period under the legislation of that State, then for the purpose
of any claim for sickness benefit made under the legislation of that State, any
insurance period, completed under the legislation of the other State shall,
subject to the provisions of Article 10 of this Convention, be treated as
if it were an insurance period completed under the legislation of the former
State.
(2) Where
a person has, since his last arrival in the territory of one State, completed
an insurance period under the legislation of that State, then for benefit in
respect of childbirth, any insurance period completed under the legislation of
the other State shall, subject to the provisions of Article 10 of this
Convention, be treated as if it were an insurance period completed under the
legislation of the former State.
(3) Where
a person is entitled to sickness benefit under the legislation of one State he
shall be entitled to receive that benefit during a temporary stay in the
territory of the other State. This provision applies mutatis mutandis to maternity allowance under the
legislation of the United Kingdom and parental benefit under the legislation of
Sweden.
(4) Where,
but for the provisions of this paragraph, a person would be entitled to
sickness benefit or benefit in respect of childbirth under the legislation of
both States for the same period by virtue of paragraph (1) or (2)
respectively, of this Article, that benefit shall be granted exclusively under
the legislation of the State in whose territory he is present.
ARTICLE 12
(1) Where
a person has, since his last arrival in the territory of Jersey or Guernsey,
completed a contribution period under the legislation of Jersey or Guernsey, as
the case may be, then for the purpose of any claim for maternity grant made
under the legislation of Jersey or Guernsey, any insurance period completed
under the legislation of Sweden shall, in accordance with the provisions of Article 10
of this Convention, be treated as if it were an insurance period completed
under the legislation under which the claim is made.
(2) Where
a woman is confined in Great Britain, Northern Ireland or the Isle or Man
(other than a woman who is treated as having been confined there by virtue of paragraph (3)
of this Article), periods during which she was present in the territory of
Sweden shall be treated for the purpose of a claim by her for maternity grant
under the legislation of the State in whose territory the confinement occurred
as if they were periods during which she was present in that territory.
(3) For
the purpose of any right to maternity grant under the legislation of the United
Kingdom a confinement in the territory of Sweden shall be treated as if it were
a confinement in the territory of the United Kingdom.
(4) Where,
but for the provisions of this paragraph, a person would be entitled to receive
a maternity grant under the legislation of more than one part of the territory
of the United Kingdom by virtue of the provisions of this Convention, a grant
shall be payable only under the legislation of the part in which the
confinement occurred. If the confinement occurred in Sweden the grant shall be
payable under the legislation of that part of the territory of the United
Kingdom in which she was last resident.
Section 3
UNEMPLOYMENT BENEFIT
ARTICLE 13
(1) Subject
to the provisions of paragraph (2) of this Article, where a person has,
since his last arrival in the territory of one State, completed a contribution
period under the legislation of that State, then for the purpose of a claim for
unemployment benefit under the legislation of that State, any insurance period
completed under the legislation of the other State shall, subject to the
provisions of Article 10 of this Convention, be treated as if it were an
insurance period completed under the legislation of the former State, provided
that it would have been considered as an insurance period if it had been
completed under the legislation of that State, and provided that –
(a) periods of insurance or periods of
employment completed under the legislation of Jersey shall not be taken into
account for the purpose of determining entitlement to unemployment benefit
under the legislation of Sweden; and
(b) periods of insurance or periods of
employment completed under the legislation of Sweden shall be taken into
account for the purpose of determining entitlement to unemployment benefit only
under the legislation specified in Article 2(1)(a)(i), (ii) and (iv) of
this Convention.
(2) The
application of paragraph (1) to Swedish legislation presupposes that the person
concerned has been employed in Sweden for at least four weeks in total during
the last twelve months before submitting his claim. Paragraph (1) applies,
however, even when his employment has terminated before the expiration of four
weeks, if it was terminated through no fault of the employee and had been
intended to last for a longer period.
(3) When
a person claims unemployment benefit under the legislation of one State by
virtue of paragraph (1) of this Article, any period for which he received
such benefit under the legislation of the other State shall be taken into
account as if it were a period during which he had received such benefit under
the legislation of the former State provided that that period fell within the
last twelve months before the first day for which unemployment benefit becomes
payable under the legislation of the former State.
Section 4
OLD AGE PENSION AND SURVIVOR’S BENEFIT UNDER THE LEGISLATION
OF THE TERRITORY OF THE UNITED KINGDOM
ARTICLE 14
(1) Subject
to the provisions of paragraph (2) of this Article, where a person is
entitled to an old age pension under the legislation of the territory of the
United Kingdom otherwise than by virtue of the provisions of this Convention,
that pension shall be payable and the provisions of Article 15 of this
Convention shall not apply.
(2) Notwithstanding
any other provision of this Article or of Article 15 of this Convention, a
married woman who is not entitled to an old age pension under the legislation
of the United Kingdom by virtue of her own insurance periods, but who is
entitled to a Category B retirement pension under that legislation by virtue of
insurance periods completed by her husband, shall be entitled to claim an old
age pension in accordance with the said Article 15. Where by virtue of the
said Article 15 she would have entitlement to an old age pension under the
legislation of the United Kingdom, she shall be entitled to choose to receive
that pension in preference to the Category B retirement pension which could
otherwise be payable under that legislation by virtue of the insurance periods
completed by her husband.
ARTICLE 15
(1) Subject
to the provisions of Article 10 and of paragraph (2) of Article 14
of this Convention, where a person is not entitled to an old age pension under
the legislation of the territory of the United Kingdom other than by virtue of
this Convention any insurance period which he has completed under the
legislation of Sweden shall be treated as if it were an insurance period
completed under the legislation of the territory of the United Kingdom and his
entitlement to old age pension under the legislation of the territory of the
United Kingdom shall be determined in accordance with paragraphs (2) and (3)
of this Article.
(2) The
insurance authority in the territory of the United Kingdom shall determine –
(a) first the amount of the theoretical pension
which would be payable if all the insurance periods completed by the person
under the legislation of both States had been completed under the legislation
of the territory of the United Kingdom; and then
(b) the proportion of such theoretical pension
which bears the same relation to the whole as a total of the insurance periods
completed by the person under the legislation of that State, or of a part of
the territory of that State, bears to the total of all the insurance periods
which he has completed under the legislation of both States.
The proportionate amount
thus calculated shall be the pension actually payable.
(3) For
the purposes of the calculation in paragraph (2) of this Article where all
the insurance periods completed by any person under the legislation
of –
(a) either the United Kingdom or the Isle of Man
amount to less than one reckonable or as the case may be, qualifying year, or
relate only to periods before 6th April, 1975 and in aggregate amount to
less than 50 weeks; or
(b) Jersey amount to less than an annual
contribution factor of 1.00; or
(c) Guernsey
amount to less than 50 weeks,
those periods shall be
treated as if they had been completed under the legislation of any other part
of the territory of the United Kingdom under when a pension is, or if such
periods are taken into account would be, payable. Where no such pension is or
would be payable by any other part of the territory of the United Kingdom, the
periods shall be disregarded.
(4) For
the purpose of applying the provisions of paragraph (2) of this Article –
(a) the insurance authority of the territory of
the United Kingdom shall take account only of insurance periods (completed
under the legislation of either State) which would be taken into account for
the determination of pensions under the legislation of the territory of the
United Kingdom if they were completed under the legislation of that State, and
in relation to a woman shall, where appropriate, take into account in
accordance with that legislation insurance periods completed by her husband;
(b) no account shall be taken of any graduated
contributions paid under the legislation of the United Kingdom or the Isle of Man
before 6th April, 1975 and the amount of any graduated benefit payable by
virtue of such contributions shall be added to the amount of any pensions
payable in accordance with paragraph (2) of this Article under that
legislation;
(c) no account shall be taken under the
legislation of the United Kingdom of any insurance period after the person
attained pensionable age, but any increase of benefit in respect of such a
period under the legislation of the United Kingdom shall be added to any
benefit payable under the legislation of the United Kingdom which has been
calculated under paragraph (2) of this Article;
(d) where a compulsory insurance period
completed under the legislation of Sweden coincides with a voluntary insurance
period completed under the legislation of the United Kingdom, only the
compulsory insurance period shall be taken into account, provided that the
amount of pension payable under the legislation of the United Kingdom under the
provisions of paragraph (2) of this Article shall be increased by the
amount by which the pension payable under the legislation of that State would
have been increased if all voluntary contributions paid under that legislation
had been taken into account;
(e) where a contribution period completed under
the legislation of Sweden coincides with an equivalent period completed under
the legislation of the United Kingdom, the latter period shall not be taken into
account;
(f) where it is not possible to determine
accurately the period of time in which certain insurance periods were
completed, they shall be treated as if they did not overlap with other
insurance periods and shall, where advantageous, be taken into account.
ARTICLE 16
Where a person does not
simultaneously satisfy the conditions for entitlement to an old age pension
under the legislation of both States, his entitlement under the legislation of
the territory of the United Kingdom shall be established as and when he
satisfies the conditions laid down by the legislation of that State. The
provisions of Article 15 of this Convention shall apply and the amount of
the pension shall be recalculated when the conditions for entitlement to an old
age pension under the Swedish legislation are satisfied.
ARTICLE 17
The provisions contained
in Articles 14 to 16 of this Convention shall apply, with such
modifications as the differing nature of the benefits shall require, to
survivor’s benefit.
Section 5
PENSIONS UNDER THE LEGISLATION OF SWEDEN
ARTICLE 18
(1) Nationals
of the United Kingdom as well as persons designated in Article 3 paragraph (3)
of this Convention, whether they reside in Sweden or elsewhere, who do not
fulfill the conditions of the Swedish legislation which apply to them as
regards entitlement to basic pension, shall be entitled to basic pension
according to the rules applying to Swedish nationals residing abroad.
(2) Disability
benefits which are not supplements to a basic pension, care allowances for
handicapped children, pension supplements and income-tested pension benefits
are payable to persons designated in paragraph (1), provided that they are
residing in Sweden, applying mutatis mutandis
the rules contained in that paragraph.
(3) Article 4
of this Convention does not affect the provisions of Swedish legislation
concerning the right of Swedish nationals residing outside Sweden to a basic
pension.
ARTICLE 19
(1) Where
a national of one of the States or a person designated in Article 3 paragraph (3)
of this Convention does not have sufficient Swedish periods of insurance to
satisfy the requirements for entitlement to basic pension in accordance with
the provisions applicable to Swedish nationals residing outside Sweden, periods
of insurance completed under the legislation of the territory of the United
Kingdom shall be taken into account insofar as they do not coincide with
Swedish periods of insurance.
ARTICLE 20
(1) Where
periods of insurance have been completed both under the Swedish supplementary
pension insurance scheme and under the legislation of the territory of the
United Kingdom, these periods shall when necessary be added together for the
acquisition of a right to supplementary pension insofar as they do not
coincide.
(2) When
computing the amount of supplementary pension, only periods of insurance
completed under the Swedish legislation will be taken into account.
(3) This
Convention does not affect the provisions of Swedish legislation concerning the
calculation of supplementary pensions for persons born in 1923 or earlier.
Section 6
BENEFITS FOR INDUSTRIAL INJURIES AND DISEASES
ARTICLE 21
(1) Where
a person is employed in the territory of one State and the legislation of the
other States applies to him in accordance with any of the provisions of Articles 5
to 9 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
State. Where benefit would be payable in respect of that claim if the person
were in the territory of the latter State, it shall be payable while he is in
the territory of the former State.
(2) Where
a person sustains an accident after he leaves the territory of one State to go,
in the course of his employment, to the territory of the other State but before
he arrives in the latter territory, then, for the purpose of any claim for
benefit in respect of that accident –
(a) the accident shall be treated as if it had
occurred in the territory of the State whose legislation applied to him at the
time the accident occurred and;
(b) his absence from the territory of that State
shall be disregarded in determining whether his employment is as an employed person
under that legislation.
ARTICLE 22
(1) Where
a person has sustained an industrial injury or contracted an industrial
disease, in respect of which the legislation of one State applies, and later
sustains an industrial injury or contracts an industrial disease in respect of
which the legislation of the other State applies, then for the purpose of
determining the degree of his disablement under the legislation of the latter
State, account shall be taken of the former injury or disease as if the
legislation of the latter State applied to it.
(2) Where
a person contracts an industrial disease, after having been employed in the
territory of only one State in an occupation to which, under the legislation of
that State, the disease may be attributed, the legislation of that State shall
apply in his case, even if the disease is first diagnosed in the territory of
the other State. This shall apply also in relation to any aggravation of the
disease, provided that the person has not in the meantime been further exposed
to the same risk in the territory of the latter State.
(3) Where
a person contracts an industrial disease, after having been employed in the
territories of both States in an occupation to which, under the legislation of
both States, the disease may be attributed and he would be entitled to receive
benefit in respect of that disease under the legislation of both States,
whether by virtue of this Convention or otherwise, the benefit shall be payable
only under the legislation of the State in whose territory he was last employed
in that occupation before the disease was diagnosed.
(4) Where
a person has suffered an aggravation of an industrial disease for which benefit
has been paid in accordance with the provisions of paragraph (2) or (3) of
this Article, the following provisions shall apply –
(a) if the person has not had further employment
in occupations to which the disease or the aggravation may be attributed, or
has had such employment only in the territory of the State under whose
legislation benefit has been paid, any additional benefit to which he may
become entitled as a result of such aggravation shall be payable only under
that legislation;
(b) if the person makes a claim under the
legislation of the State in whose territory he is employed on the ground that he
has suffered an aggravation of the disease while he was employed in the
territory of that State in occupations to which, under the legislation of that
State the aggravation may be attributed, the competent institution of that
State shall be liable to pay benefit only in respect of the aggravation as
determined under the legislation of that State.
ARTICLE 23
Where, but for the
provisions of this Article and subject to the provisions of Article 22(4)(b)
of this Convention, a person would have been entitled to any benefit payable in
respect of an industrial injury or disease under the legislation of both
States, that benefit shall be granted exclusively under the legislation of the
territory in which the person was last employed.
Section 7
ORPHAN’S BENEFIT PAYABLE UNDER THE LEGISLATION OF THE
TERRITORY OF THE UNITED KINGDOM
ARTICLE 24
(1) For
the purpose of any claim for orphan’s benefit under the legislation of
the territory of the United Kingdom any insurance period or period of presence
completed under the legislation of, or in the territory of, Sweden, as the case
may be, shall be treated as if it were respectively an insurance period or
period of presence completed under the legislation of, or the territory of, the
United Kingdom.
(2) Where
a person would be entitled to receive orphan’s benefit under the
legislation of the territory of the United Kingdom other than by virtue of paragraph (1)
if that person or the orphan for whom the benefit is claimed were resident in
the territory of that State, it shall be paid while that person, or the orphan,
is resident in Sweden.
(3) Where,
but for the provisions of this paragraph, a person would be entitled to receive
orphan’s benefit under the legislation of both States in respect of the
same orphan, whether by virtue of this Convention or otherwise, he shall be
entitled to receive benefit only under the legislation of the State in whose
territory the orphan is resident.
Section 8
FAMILY ALLOWANCE
ARTICLE 25
(1) For
the purpose of a claim for family allowance under the legislation for one State
periods of residence completed under the legislation of the other State shall
be treated as if they were periods of residence completed under the legislation
of the former State.
(2) If
entitlement to family allowance exists under the legislation of both States
with regard to the same child and the same period, family allowance shall be
payable only under the legislation of Sweden if the child is resident there or
under the legislation of the territory of the United Kingdom if he is resident
in that territory.
Section 9
RECOVERY OF ADVANCE PAYMENTS AND OVERPAYMENTS OF BENEFIT
ARTICLE 26
(1) Where
a competent institution of one State has made an advance payment of any benefit
for any period, any arrears of a corresponding benefit which become payable for
the same period under the legislation of the other State may be withheld,
provided that the amount so withheld shall not exceed the amount of the advance
payment. Where a competent institution of one State has overpaid a benefit for
any period for which a competent institution of the other State afterwards
becomes liable to pay a corresponding benefit, the overpayment shall be
regarded, for the purposes of the first sentence of this paragraph, as an
advance payment.
(2) Where
a person has received social assistance under the legislation of one State for
a period for which that person subsequently becomes entitled to any benefit
under the legislation of the other State, the competent institution of the
latter State, at the request of and on behalf of the competent institution of
the former State, shall withhold from the benefit due for that period the
amount by which the social assistance paid exceeded what would have been paid,
had the benefit under the legislation of the latter State been paid before the
amount of social assistance was determined, and shall transfer the amount
withheld to the competent institution of the former State.
PART IV
MISCELLANEOUS PROVISIONS
ARTICLE 27
(1) The
competent authorities of the two States shall establish the administrative
measures necessary for the application of the present Convention.
(2) The
competent authorities of the two States shall communicate to each other, as
soon as possible, all information about the measures taken by them for the
application of this Convention or about changes in their national legislation
insofar as these changes affect the application of the provisions of this
Convention.
(3) The
competent authorities, insurance authorities and competent institutions of the two
States, may, for the purpose of applying the provisions of this Convention,
correspond directly with one another, or with any person affected by this
Convention, or with his legal representative.
(4) For
the purpose of facilitating the implementation of the provisions of this
Convention, liaison bodies shall be established.
ARTICLE 28
(1) The
competent authorities, insurance authorities and competent institutions of the two
States shall assist one another on any matter relating to the application of
this Convention, including medical examinations, as if the matter were one
affecting the application of their own legislation. This assistance shall be
free of charge.
(2) Where
any benefit is payable under the legislation of one State to a person in the
territory of the other State, the payment may be made by a competent
institution of the latter State at the request of a competent institution of
the former State.
ARTICLE 29
(1) Where
the legislation of one State provides that any certificate or other document
which is submitted under the legislation of that State shall be exempt, wholly
or partly, from any taxes, legal dues, consular fees or administrative charges,
this exemption shall apply to any certificate or other document which is
submitted under the legislation of the other State or under the provisions of
this Convention.
(2) All
statements, documents and certificates of any kind required to be produced for
the purposes of this Convention, shall be exempt from authentication by
diplomatic or consular authorities.
ARTICLE 30
No certificate, document
or statement of any kind written in an official language of either State shall
be rejected on the ground that it is written in a foreign language.
ARTICLE 31
(1) Any
claim, notice or appeal which should, for the purposes of the legislation of
one State, have been submitted within a prescribed period of time to the
insurance authority or the competent authority at the proper time of that
State, shall be treated as if it had been submitted to that insurance authority
or competent authority at the proper time if it is submitted within the same
period of time to an insurance authority or competent authority of the other
State.
(2) Except
as provided in paragraph (3) of this Article any claim for benefit submitted
under the legislation of one State shall be deemed to be a claim for the
corresponding benefit under the legislation of the other State insofar as this
corresponding benefit is payable in accordance with the provisions of the
present Convention.
(3) Where
a claim for old age pension is made under the legislation of the territory of
the United Kingdom the provisions of paragraph (2) of this Article shall
not apply in respect of old age pension under the legislation of Sweden, if the
applicant states that the application refers solely to pension benefit under
the legislation of the territory of the United Kingdom.
(4) Any
document submitted for the purposes of the legislation of Sweden may, where
appropriate, be treated as a notice of retirement given under the legislation
of the United Kingdom.
(5) In
a case to which the provisions of paragraph (1), (2) or (4) of this Article
apply the authority to which the claim, notice, appeal or document has been
submitted shall transmit it without delay to the insurance authority of the
other State.
ARTICLE 32
(1) Payment
of any benefit in accordance with the provisions of this Convention may be made
in the currency of the State whose competent institution makes the payment, and
any such payment shall constitute a full discharge of the obligation.
(2) Where
a competent institution of one State has made a payment of benefit on behalf of
the competent institution of the other State, in accordance with the provisions
of paragraph (2) of Article 28 of this Convention, any reimbursement
of the amounts paid by the former competent institution shall be in the
currency of the latter State.
(3) Any
remittance to be made in accordance with the provisions of this Convention
shall be made in accordance with any agreement binding the two States at the
time when such remittance is made.
ARTICLE 33
(1) Any
dispute about the interpretation or application of this Convention shall be
resolved through agreement between the competent authorities of each State.
(2) If
any such dispute cannot be resolved in this manner, it shall be submitted, at
the request of either State, to an arbitration tribunal which shall be composed
in the following manner –
(a) each State shall appoint an arbitrator
within one month from receipt of the demand for arbitration. The two
arbitrators shall appoint, from the nationals of a third country, a third arbitrator
within two months from the date on which the State which was the last to
appoint its arbitrator has notified the other State of the appointment;
(b) if within the prescribed period either State
should fail to appoint an arbitrator, the other State may request the President
of the International Court of Justice or, in the event of his having the same
nationality as one of the States, the Vice-President or next senior judge of
that Court not having the nationality of either State, to make the appointment.
A similar procedure shall be adopted at the request of either State if the two
arbitrators cannot agree on the appointment of the third arbitrator.
(3) The
decision of the arbitration tribunal shall be by majority vote. Its decision
shall be binding on both States. Each State shall bear the expenses of the
arbitrator appointed by it. The remaining costs shall be borne equally by the two
States. The arbitration tribunal shall determine its rules of procedure.
PART V
TRANSITIONAL AND FINAL PROVISIONS
ARTICLE 34
(1) Upon
the entry into force of this Convention, the Convention signed at Stockholm on
9th June 1956 shall be terminated, and shall be replaced by this
Convention.
(2) Any
benefit granted or any right acquired by a person in accordance with the
provisions of the Convention signed at Stockholm on 9th June 1956 shall be
maintained and any rights in course of acquisition under that Convention at the
date of the entry into force of this Convention shall be settled in accordance
with the provisions of this Convention.
(3) Benefits,
other than lump sum payments, shall be payable in accordance with the
provisions of this Convention in respect of events which happened before the date
of its entry into force. However an accident which occurred or a disease which
developed before that date, shall not, solely by virtue of this Convention, be
treated as an industrial accident or disease if it would not have been so
treated under any legislation or Convention in effect at the time of its
occurrence or development. For the purpose of determining claims in accordance
with the provisions of this Convention, account shall be taken of insurance
periods and periods of residence, employment or presence, completed before the
date of its entry into force.
(4) Paragraph (3)
of this Article shall not confer any right to receive payment of benefit for
any period before the date of the entry into force of this Convention.
(5) For
the purpose of applying the first sentence of paragraph (3) of this Article –
(a) any right to benefit acquired by a person in
accordance with the provisions of this Convention shall, at the request of the person
concerned, be granted with effect from the date of its entry into force,
provided that the request has been made within two years after that date;
(b) any right to benefit acquired by a person in
accordance with the provisions of the Convention signed at Stockholm on 9th
June 1956, may, at the request of the person concerned, be determined
afresh in accordance with the provisions of this Convention with effect from
the date of its entry into force, provided that the request has been made
within two years after that date;
(c) where the request for the benefit to be
determined afresh is made more than two years after the date of entry into
force of this Convention, payment shall be made from the date determined under
the legislation concerned without the application of the present Convention.
ARTICLE 35
This Convention shall be
ratified and the instruments of ratification shall be exchanged at London as
soon as possible. This 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 36
This Convention shall
remain in force for an indefinite period. Either State may terminate it by
giving six months’ notice in writing to the other.
ARTICLE 37
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 the course of acquisition by virtue
of those provisions.
IN WITNESS WHEREOF the
undersigned, duly authorised thereto by their respective Governments, have
signed this Convention.
DONE in duplicate at
Stockholm this 29th day of June 1987 in the English and Swedish languages,
both texts being equally authoritative.
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For the Government of the United Kingdom of Great Britain and
Northern Ireland:
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For the Government of the Kingdom of Sweden:
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Richard Parsons
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G. Sigurdsen
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