SCHEDULE
CONVENTION
ON SOCIAL SECURITY BETWEEN THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN
IRELAND AND SPAIN
The Government of the United
Kingdom of Great Britain and Northern Ireland and the Government of Spain;
Being resolved to co-operate in
the field of social affairs and, in particular, in the matter of social
security;
Desirous of promoting the welfare
of persons moving between or working in the territories of their two countries;
Desirous of ensuring that persons
from both countries shall enjoy equal rights under their respective social
security legislation;
Desirous of making arrangements
for insurance periods completed under the legislation of the two Contracting
Parties to be added together for the purpose of determining the right to
receive benefit;
Desirous further of making
arrangements enabling persons who go from the territory of one Party to the
territory of the other either to keep the rights which they have acquired under
the legislation of the former Party or to enjoy corresponding rights under the
legislation of the latter;
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 “Spain” means the Spanish State;
(b) “territory”
means, in relation to the United Kingdom, England, Scotland, Wales, Northern
Ireland, the Isle of Man, the Island of Jersey and the Islands of Guernsey,
Alderney, Herm and Jethou and, in relation to Spain, the territory of the
Spanish State;
(c) “legislation”
means the legislation specified in Article 2 of this Convention which is
in force in the territory of one (or the other) Contracting Party or in any part
of that territory;
(d) “competent
authority” means, in relation to the United Kingdom, the Secretary of
State for Social Services, the Department of Health and Social Services for
Northern Ireland, the Isle of Man Board of 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 Spain, the Ministry of
Labour;
(e) “insurance
authority” means, in relation to the United Kingdom, the competent
authority and, in relation to Spain, the Managing Bodies of the General Scheme
and those of the Special Schemes listed in Article 2(1)(b)(ii) of this
Convention;
(f) “competent
insurance authority” means the insurance authority responsible under the
applicable legislation for dealing with the matter in question;
(g) “worker”
means, for the purpose of applying the legislation of the United Kingdom, a person
who comes within the definition of an employed person or a person who is
treated as an employed person and, for the purpose of applying the legislation
of Spain, a gainfully occupied person who is not self-employed;
(h) “employment”
means, for the purpose of applying the legislation of the United Kingdom,
employment as a worker and the word “employ” refers to such
employment;
(i) “insurance
period” means a contribution period or equivalent period;
(j) “contribution
period” means a period in respect of which contributions appropriate to
the benefit in question have been paid or treated as paid under the legislation
of one (or the other) Contracting Party;
(k) “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 and, in relation to Spain, a period which
is treated as equivalent to a contribution period under the legislation of
Spain;
(l) “pension”,
“allowance” or “benefit” means a pension, allowance or
benefit, including any increase thereof and any additional allowance payable
therewith;
(m) “sickness
benefit” means, in relation to the United Kingdom, sickness benefit
payable under the legislation of the United Kingdom and, in relation to Spain,
cash benefits for temporary incapacity for work caused by common illness and
non-industrial accident;
(n) “invalidity
pension” means, in relation to the United Kingdom, invalidity benefit as
defined in the legislation of the United Kingdom and, in relation to Spain, any
cash benefit provided under its legislation for cases of temporary and
permanent invalidity caused by common illness and non-industrial accident;
(o) “old
age pension” means, in relation to the United Kingdom, a contributory old
age pension or retirement pension (including age addition where payable)
payable under the legislation of the United Kingdom and, in relation to Spain,
an old age pension as provided under the legislation of Spain;
(p) “survivors’
benefit” means, in relation to the United Kingdom, widow’s
allowance, widowed mother’s allowance, widow’s pension and
widow’s basic pension payable under the legislation of the United Kingdom
and, in relation to Spain, widows’ pensions and temporary allowances and
pensions for surviving dependants as a result of common illness and
non-industrial accident as defined in the legislation of Spain;
(q) “orphan’s
benefit” means, in relation to the United Kingdom, guardian’s
allowance payable under the legislation of the United Kingdom and, in relation
to Spain, orphans’ pensions arising out of common illness and
non-industrial accident as defined in the legislation of Spain;
(r) “ship
or aircraft” means, in relation to the United Kingdom, a ship, vessel or
hovercraft registered in the territory of the United Kingdom or any other
British ship, vessel or hovercraft of which the owner (or managing owner if
there is more than one owner) or manager has his principal place of business in
that territory and an aircraft registered in that territory of which the owner
(or managing owner if there is more than one owner) has his principal place of
business in that territory and, in relation to Spain, a ship flying the Spanish
flag in accordance with the legislation of Spain and an aircraft registered in
Spain.
(2) Other
words and expressions which are used in the Convention have the meanings
respectively assigned to them in the legislation concerned.
ARTICLE 2
(1) The
provisions of this Convention shall apply:
(a) in
relation to the United Kingdom, to:
(i) the National
Insurance Act 1965, the National Insurance Act (Northern
Ireland) 1966, the National Insurance (Isle of Man) Act 1971 and the
legislation which was consolidated by those Acts or repealed by legislation
consolidated by them;
(ii) the
National Insurance (Industrial Injuries) Act 1965, the National Insurance
(Industrial Injuries) Act (Northern Ireland) 1966 and the National
Insurance (Industrial Injuries) (Isle of Man) Act 1971;
(iii) the Insular
Insurance (Jersey) Law 1950;
(iv) the Social
Insurance (Guernsey) Laws 1964–1973; and
(v) the Family Allowances
Act 1965, the Family Allowances Act (Northern Ireland) 1966, the Family
Allowances (Isle of Man) Act 1971, the Family Allowances (Jersey)
Law 1972 and the Family Allowances (Guernsey) Laws 1950–1965;
(b) in
relation to Spain, to:
(i) the legal
provisions of the General Scheme of Social Security;
(ii) the
legal provisions relating to the following Special Schemes of Social Security:
(aa) agriculture;
(bb) mariners;
(cc) coal
miners;
(dd) railway
workers;
(ee) domestic
service;
(ff) independent
workers;
(gg) commercial
travellers;
(hh) students;
(ii) artists;
(jj) authors;
(kk) bullfighters.
(2) Subject
to the provisions of paragraphs (3) and (4) of this Article, this
Convention shall apply also to any legislation which supersedes, amends,
supplements or consolidates the legislation specified in paragraph (1) of
this Article.
(3) 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 Contracting Parties conclude an agreement to that effect.
(4) This
Convention shall not apply to any agreement on social security which either
Party has concluded with a third party 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 an agreement.
ARTICLE 3
A national of one
Contracting Party or a person subject to the legislation of that Party who
becomes resident in the territory of the other Contracting Party shall,
together with his dependants, be subject to the obligations and shall enjoy the
advantages of the legislation of the other Contracting Party under the same
conditions as a national of that Party, subject to any special provision of
this Convention.
ARTICLE 4
Unless this Convention
otherwise provides, invalidity, old age or survivor’s benefit, pensions
awarded for industrial accident or disease and death benefits acquired by
virtue of the legislation of one Contracting Party shall not be subject to any
reduction, modification, suspension, abolition or confiscation by reason of the
fact that the beneficiary resides in the territory of the other Contracting
Party.
ARTICLE 5
(1) Subject
to the provisions of Articles 12(2), 15(5), 21(2) and 22 of this
Convention, where under the legislation of Spain any benefit or any increase of
benefit would be payable for a dependant if he were in the territory of Spain,
it shall be paid while he is in the territory of the United Kingdom.
(2) Subject
to the provisions of Articles 12(2), 15(5), 21(2) and 22 of this
Convention, where a person claims any benefit under the legislation of the
United Kingdom no provision of that legislation which would affect his claim by
reason of his absence or the absence of a child, adult dependant or other person
from the United Kingdom shall apply to him if he, the child, adult dependant or
other person, as the case may be, is, or was, at the time in question, in
Spain.
PART II
Provisions which determine
the legislation applicable
ARTICLE 6
(1) Subject
to the provisions of Articles 7 to 10 of this Convention, if a person is
gainfully occupied his liability to pay contributions shall be determined under
the legislation of the Contracting Party in whose territory he is so occupied
and a worker employed in the territory of one Party shall be subject to the
legislation of that Party.
(2) Where
the application of paragraph (1) of this Article would involve liability
to pay contributions under the legislation of both Parties, if a person is
employed in the territory of one Party and self-employed in the territory of
the other Party he shall be liable to pay contributions only under the
legislation of the former Party.
(3) Where
a person is self-employed in the territories of both Parties, his insurance
liability shall be determined under the legislation of the Party in whose
territory he is ordinarily resident.
(4) Where,
but for the provisions of this paragraph, a person would be entitled to pay
contributions voluntarily under the legislation of both Parties, he shall be entitled
so to pay contributions only under the legislation of one Party.
ARTICLE 7
Where a worker, who is
insured under the legislation of one Contracting Party and who is employed by
an employer in the territory of that Party, is sent by that employer to work in
the territory of the other Party, that legislation shall continue to apply to him
as if he were employed in the territory of the former Party provided that the
employment in the territory of the latter Party is not expected to last for
more than twelve months and that he is not sent to replace another worker who
has completed his tour of duty; and no contributions shall be payable in
respect of his employment under the legislation of the latter Party. If his
employment in the territory of the latter Party should for unforeseen reasons
continue after such period of twelve months, the legislation of the former
Party shall continue to apply to him for any further period of not more than twelve
months, provided that the competent authority of the latter Party agrees
thereto before the end of the first twelve months.
ARTICLE 8
(1) Subject
to the provisions of paragraphs (2) to (4) of this Article, where a worker
is employed on board any ship or aircraft of one Contracting Party the
legislation of that Party shall apply to him as if any condition relating to
residence were satisfied in his case.
(2) Where
a worker who is insured under the legislation of one Party and employed either
in the territory of that Party or on board any ship or aircraft of that Party
is sent by his employer to work on board a ship or aircraft of the other Party,
the provisions of Article 7 of this Convention shall apply.
(3) Where
a worker, who is not normally employed at sea, is employed, other than as a
member of the crew, on board a ship of one Party in the territorial waters or a
port of the other Party, he shall be subject to the legislation of the latter
Party as if any conditions relating to residence were satisfied in his case.
(4) Where
a worker, who is ordinarily resident in the territory of one Party and employed
on board any ship or aircraft of the other Party, is paid a remuneration in
respect of that employment by a person who is ordinarily resident in, or by an
undertaking having its principal place of business in, the territory of the
former Party and who is subject to its legislation, the legislation of the
former Party shall apply to him as if the ship or aircraft were a ship or
aircraft of the former Party, and the person or undertaking by whom the
remuneration is paid shall be treated as the employer for the purposes of such
legislation.
ARTICLE 9
(1) This
Convention shall not apply to established Members of the Diplomatic Service of
either Contracting Party.
(2) Subject
to the provisions of paragraph (1) of this Article, where a worker who is
in the Government Service of one Contracting Party is sent to the territory of
the other Party the legislation of the former Party shall apply to him as if he
were employed in its territory.
(3) Subject
to the provisions of paragraphs (1) and (2) of this Article, where a person,
other than an established Member of the Diplomatic Service of either
Contracting Party, is employed in a diplomatic mission or consular post of one
Party in the territory of the other Party, or in the private service of an
official of such a mission or post, the legislation of the latter Party shall
apply to him, but within three months of the entry into force of this
Convention, or within three months of the beginning of the employment in the
territory of the latter Party, he may choose to be insured under the
legislation of the former Party, provided that he was so insured immediately
before the commencement of the employment at that mission or post.
(4) For
the purpose of this Article, the expression “Government Service”
includes, in relation to the United Kingdom, the Government Service of any part
of the territory of the United Kingdom.
ARTICLE 10
The competent authorities
of the Contracting Parties may provide, by agreement with one another, exceptions
to the provisions of Articles 6 to 9 of this Convention in relation to
self-employed persons or to particular workers or classes of workers, where
this is in the interest of such self-employed persons or workers.
ARTICLE 11
(1) Where
a worker is employed in the territory of one Contracting Party and the
legislation of the other Party applies to him in accordance with any of the
provisions of Articles 7 to 10 of this Convention he shall be treated
under that legislation:
(a) for the
purpose of any claim to sickness benefit or maternity benefit, as if he were in
the territory of the latter Party; and
(b) for
the purpose of any claim to benefit for an industrial accident occurring or an
industrial disease contracted during that employment, as if the accident had
occurred or the disease had been contracted in the territory of the latter
Party.
(2) If
an accident happens to a worker after he leaves the territory of one Party to
go in the course of his employment to the territory of the other Party, but
before he arrives in the latter territory, then, for the purpose of any claim
to benefit for that accident:
(a) the
accident shall be treated as if it had happened in the territory of the Party
under whose legislation he was last compulsorily insured before the accident;
(b) his
absence from the territory referred to in sub-paragraph (a) of this paragraph
shall be disregarded in determining whether his employment was insurable under
that legislation.
PART III
Special provisions
Section 1
Sickness benefit, maternity benefit and death grant
ARTICLE 12
(1) Where
a person is subject to the legislation of one Contracting Party, then for the
purposes of any claim to sickness benefit or maternity benefit under the
legislation of that Party he shall be treated as if any insurance period
completed under the legislation of the other Party were an insurance period
completed under the legislation of the former Party.
(2) Where
a person would be entitled to receive sickness benefit or maternity allowance
under the legislation of one Party if he were in the territory of that Party he
shall be entitled to receive that benefit while he is in the territory of the
other Party if:
(a) his
condition necessitates immediate treatment during a stay in the territory of
the latter Party and, within three days of commencement of incapacity for work,
he submits to the competent authority of the former Party a certificate of
incapacity for work issued by the doctor treating him; or
(b) having
become entitled to receive sickness benefit or maternity allowance chargeable
to the competent authority of the former Party, he is authorised by that
competent authority to return to the territory of the Party where he resides or
to transfer his residence to the territory of the other Party; or
(c) he is
authorised by the competent authority of the former Party to go to the
territory of the latter Party to receive there the treatment appropriate to his
condition.
The authorisation required
in accordance with sub-paragraph (b) of this paragraph may be refused only
if it is established that movement of the person concerned would be prejudicial
to his state of health or the receipt of medical treatment. The authorisation
required in accordance with sub-paragraph (c) of this paragraph may not be
refused where the treatment in question cannot be provided for the person
concerned within the territory in which he resides.
(3) The
provisions of paragraph (1) of this Article shall apply also to death
grant, subject to such modification as the differing nature of that benefit may
require.
ARTICLE 13
(1) Where
a woman who is insured under the legislation of one Contracting Party, or who
is the wife of a person so insured, is confined in the territory of the other
Party, she shall, for the purpose of any right to receive maternity grant under
the legislation of the former Party, be treated as if she had been confined in
the territory of the former Party.
(2) Where
a woman would be entitled, by virtue of this Convention or otherwise, to
receive a maternity grant under the legislation of the United Kingdom and a
birth grant under the legislation of Spain for the same confinement, she shall
be entitled to receive the grant only under the legislation of the territory
where the confinement occurs, or if the confinement does not occur in the
territory of either Party, under the legislation of the Party with which the woman,
or her husband, as the case may be, was last insured before the confinement.
ARTICLE 14
(1) Where
a person dies in the territory of one Contracting Party, his death shall be
treated, for the purpose of any claim to receive a death grant under the
legislation of the other Party, as if it had occurred in the territory of the
latter Party.
(2) Death
grant shall not be payable under the legislation of both Parties in respect of
the same death, either by virtue of this Convention or otherwise.
(3) The
following provisions shall determine the right to receive a death grant in
cases where paragraph (2) of this Article applies:
(a) if
the death occurs in the territory of one Party, a death grant shall be paid
only under the legislation of that Party;
(b) if
the death does not occur in the territory of either Party, a death grant shall
be paid only under the legislation of the Party under whose legislation the person
on whose insurance the right to benefit is determined was last insured before
the death.
Section 2
Benefits for occupational injuries and diseases
ARTICLE 15
(1) If
a worker has sustained an industrial injury or contracted an industrial disease
to which the legislation of one Contracting Party applies and later sustains an
industrial injury or contracts an industrial disease to which the legislation
of the other Party applies, then for the purpose of determining the degree of his
disablement under the legislation of the latter Party account shall be taken of
the former injury or disease as if the legislation of the latter Party applied
to it.
(2) Where
a worker contracts an industrial disease after having been employed and insured
in the territory of only one Party in occupations which, under the legislation
of that Party, may by their nature give rise to such a disease, the legislation
of that Party shall apply in his case, even if the disease is first diagnosed
in the territory of the other Party. This shall apply also in relation to any
aggravation of the disease, provided that the worker has not in the meantime
been further exposed to the same risk in the territory of the latter Party.
(3) Where
a worker contracts an industrial disease after having been employed and insured
in the territories of both Parties in occupations to which, under the
legislation of both Parties, the disease may be attributed, only the legislation
of that Party in whose territory he was last employed in such an occupation
before the disease was diagnosed shall be applied and, for this purpose,
account shall be taken, if necessary, of any employment in such occupations in
the territory of the other Party.
(4) Where
it is ascertained that a worker has suffered an aggravation of an industrial
disease for which benefit has been paid in accordance with the provisions of paragraph (2)
of this Article, the following provisions shall apply:
(a) if the
worker 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 Party under whose legislation benefit has been paid, that
legislation shall apply also in relation to any increase in the benefit;
(b) if
the worker makes a claim under the legislation of the Party in whose territory he
is employed and insured on the ground that he has suffered an aggravation of
the disease while he was employed in the territory of that Party in occupations
to which, under the legislation of that Party, the aggravation may be
attributed, the competent insurance authority of that Party shall be liable to
pay benefit only in respect of the aggravation as determined under the legislation
of that Party.
(5) The
provisions of paragraph (2) of Article 12 of this Convention shall
apply also to the payment of injury benefit to a worker who has sustained an
industrial injury or contracted an industrial disease.
Section 3
Old age pensions and survivor’s pensions
ARTICLE 16
(1) Where
a person has been insured under the legislation of both Contracting Parties, his
entitlement to an old age pension shall be determined in accordance with the
provisions of paragraphs (2) to (8) of this Article.
(2) For
the purpose of determining whether such a person is entitled to receive an old
age pension under the legislation of one Party, any contribution period or
equivalent period which he has completed under the legislation of the other
Party shall be treated as if it were, respectively, a contribution period or
equivalent period completed under the legislation of the former Party.
(3) The
competent insurance authority of the Party or Parties under whose legislation
such a person satisfies the conditions for an old age pension shall determine:
(a) the
amount of pension to which he would be entitled under its own legislation
without the application of paragraph (2) of this Article; and
(b) the
amount of pension to which he would be entitled under its own legislation with
the application of the provisions of paragraph (4) of this Article.
The higher rate so
determined shall be the rate of benefit to be taken into account in the
application of the provisions of paragraphs (6) and (7) of this Article.
(4) Where
a person claims an old age pension and would satisfy the conditions for such a
pension under the legislation of one Party, or both Parties, only if the
provisions of paragraph (2) of this Article were applied, the competent
insurance authority of that Party or of each Party, as the case may be, shall
determine:
(a) first
the amount of the theoretical pension which would be payable if all the
insurance periods completed under the legislation of both Parties had been
completed under its own legislation; and then
(b) the
amount of that part of such pension which bears the same relation to the whole
as the total of the insurance periods which he has completed under the
legislation of the former Party bears to the total of all the insurance periods
which he has completed under the legislation of both Parties.
For the purpose of United
Kingdom legislation insurance periods completed after pensionable age shall be
disregarded in the calculation of the pension under the provisions of sub-paragraphs (a)
and (b) of this paragraph. For the purpose of calculating any increase in
pension payable by virtue of insurance periods completed after pensionable age,
sub-paragraphs (a) and (b) shall be applied only in respect of such
periods and the amount of increases of pension so determined shall be added to
the amount of pension determined by virtue of insurance periods completed
before pensionable age.
(5) For
the purpose of applying the provisions of paragraphs (3) and (4) of this Article:
(a) no
account shall be taken of any graduated contributions paid under the
legislation of the United Kingdom or of any graduated benefit payable under
that legislation;
(b) where
in accordance with United Kingdom legislation, a woman applies for an old age
pension:
(i) on the basis of her
husband’s insurance; or
(ii) on
the basis of her personal insurance, and where, because the marriage has ended
as the result of the death of the husband, or for other reasons, the
contributions paid by the latter are taken into account for the determination
of pension rights.
any reference to a
period of insurance completed by her shall be considered for the purposes of
establishing the annual average of the contributions paid by her husband or
credited to him, to include reference to a period of insurance completed by her
husband;
(c) where
a period of compulsory insurance completed under the legislation of one Party
coincides with a period of voluntary insurance completed under the legislation
of the other Party, only the period of compulsory insurance shall be taken into
account, provided that the amount of pension payable by the United Kingdom
under paragraphs (3)(b) and (4) of this Article shall be increased by the
amount by which the pension payable under United Kingdom legislation would have
been increased if all voluntary contributions paid under that legislation had
been taken into account;
(d) where
a contribution period completed under the legislation of one Party coincides
with an equivalent period completed under the legislation of the other Party,
only the contribution period shall be taken into account;
(e) where
an equivalent period completed under the legislation of one Party coincides
with an equivalent period completed under the legislation of the other Party,
account shall be taken only of the equivalent period completed under the
legislation under which the insured person was last compulsorily insured before
the day when the period in question began or, if he was never compulsorily
insured before that day, under the legislation under which he was first
compulsorily insured after the day when the periods in question ended;
(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 presumed not to overlap with insurance periods
completed under the legislation of the other Party and shall, where
advantageous, be taken into account;
(g) notwithstanding
the provisions of paragraph (2) of this Article, if the total length of
the periods of insurance or residence completed under the legislation of one
Party does not amount to a year and if, taking into account these periods
alone, no entitlement to benefit is acquired under the provisions of that
legislation, the competent insurance authority of that Party shall not grant
any benefit in respect of those periods, but they shall be taken into account
under the legislation of the other Party for the purpose of any calculation in
accordance with paragraph (4) of this Article, excepting sub-paragraph (b).
(6) The
amount of benefit payable under this Article shall be the total sum of the
benefits determined in accordance with the provisions of paragraphs (3)
and (4) of this Article, except that the total benefit payable shall not exceed
the higher theoretical amount calculated under paragraph (4).
(7) For
the purpose of applying the provisions of paragraph (6) of this Article,
where the total amount of benefit which, except for the provisions of this paragraph,
would otherwise be payable exceeds the higher theoretical amount calculated
under paragraph (4) of this Article, the competent authority of a Party
applying the provisions of paragraph (3) of this Article shall reduce its
share of the benefit which would otherwise be payable by that amount of the
excess proportionate to the amounts of benefit determined in accordance with
the provisions of paragraph (3).
(8) The
amount of pension actually due in accordance with paragraphs (6) and (7) of
this Article shall be increased by the full amount of any graduated benefit
payable under the legislation of the United Kingdom.
ARTICLE 17
Where a person does not
simultaneously satisfy the conditions laid down by the legislation of both
Contracting Parties for receiving an old age pension, his entitlement to
receive an old age pension under the legislation of one Party shall be
established as and when he satisfies the conditions laid down by that
legislation. The provisions of Article 16 of this Convention shall be
applied where there is otherwise no entitlement to receive an old age pension
under the legislation of that Party without the application of paragraph (2)
of that Article and also when the conditions laid down by the legislation of
the other Party are satisfied.
ARTICLE 18
(1) The
provisions of this Article shall apply to any increase of or supplement to an
old age pension under the legislation of either Contracting Party in respect of
a dependent child or dependent children.
(2) Such
increase or supplement shall be payable in accordance with the following provisions:
(a) if a
pensioner draws a pension under the legislation of one Party only, the increase
or supplement shall be paid in accordance with the legislation of the Party
responsible for the pension;
(b) if a
pensioner draws pensions under the legislation of both Parties, the increase or
supplement shall be paid:
(i) in accordance
with the legislation of the Party under which the higher amount of increase or
supplement is payable; or
(ii) where
the amounts are equal, in accordance with the legislation of the Party in whose
territory he resides.
ARTICLE 19
The provisions concerning
old age pensions contained in Articles 16 to 18 of this Convention
shall apply (with such modifications as the differing nature of the benefits
shall require) to survivor’s benefit, other than orphan’s benefit
under the legislation of Spain.
Section 4
Invalidity pension
ARTICLE 20
(1) The
competent insurance authority in the territory of the Party whose legislation
was applicable at the time when incapacity for work followed by invalidity
occurred shall determine, in accordance with that legislation, whether the person
concerned satisfies the conditions for entitlement to invalidity pension taking
account, where appropriate, of any contribution period or equivalent period
which that person has completed under the legislation of the other Party as if
it were, respectively, a contribution period or equivalent period completed
under the legislation of the former Party.
(2) If
the provision of invalidity pension determined under the previous paragraph is
to be resumed following suspension or cessation, the competent insurance
authority responsible for the payment of invalidity pension at the time of
suspension or cessation shall remain responsible for its payment, provided that
the illness is the same as the one which caused the original invalidity and it
occurs within a period of twelve months from the date of the suspension or
cessation of invalidity pension.
Section 5
Orphan’s benefit
ARTICLE 21
(1) The
following provisions shall determine the right to receive orphan’s
benefit:
(a) where
the deceased parent was insured only under the legislation of one Contracting
Party entitlement to benefit shall be determined exclusively under the
legislation of that Party;
(b) where
the deceased parent was insured under the legislation of both Parties,
entitlement to benefit shall be determined under the legislation of the Party
in whose territory the orphan is ordinarily resident, provided that where no
right to benefit exists under the legislation of that Party, entitlement to
benefit shall be determined under the legislation of the other Party.
(2) Where
orphan’s benefit would be payable to any person under the legislation of
one Party if that person or the orphan for whom the benefit is claimed were
ordinarily resident in the territory of that Party, it shall be paid while that
person, or the orphan, is ordinarily resident in the territory of the other
Party.
Section 6
Family allowances
ARTICLE 22
(1) Where
a worker is employed in the territory of one Contracting Party and the
legislation of the other Party applies to him in accordance with any of the
provisions of Articles 7 to 10 of this Convention, he shall be treated,
for the purpose of any claim to receive family allowances under that
legislation:
(a) as if
he were in the territory of the latter Party and employed in that territory;
(b) as if
his children or other dependants were in the territory of the latter Party, if
they are in the territory of the former Party.
(2) Subject
to the provisions of paragraphs (1), (3) and (4) of this Article, a worker
subject to the legislation of one Party in respect of his employment shall be
entitled to the family allowances provided for by the legislation of that Party
for members of his family residing in the territory of the other Party, as
though they were residing in the territory of the former Party.
(3)
(a) Subject
to the provisions of paragraphs (4) and (5) of this Article, a person
resident in the territory of either Party, other than a self-employed person,
who is in receipt of maternity allowance or benefits for unemployment, old age,
temporary total incapacity for work arising from industrial accident or industrial
disease, total incapacity for work whether permanent or otherwise however
caused, or survivor’s benefit whether arising from industrial accident or
industrial disease or otherwise under the legislation of one Party shall be
entitled to the family allowances provided for by the legislation of that Party
for members of his family residing in, or present in, as the case may be, the
territory of the other Party, as though they were residing in, or present in,
the territory of the former Party.
(b) For
the purpose of this paragraph the expression “total incapacity”
shall mean, in relation to the legislation of Spain, both provisional and
permanent invalidity of any kind.
(4) The
provisions of paragraph (3) of this Article shall not apply if there is entitlement
to any of the benefits under the legislation of the Party in whose territory
the family is ordinarily resident.
(5) Where
there is entitlement to family allowances under the legislation of the United
Kingdom otherwise than by virtue of this Convention and at the same time
entitlement to family allowances for the same members of the family under the
legislation of Spain in accordance with paragraphs (1) or (2) of this Article,
entitlement to benefit under the legislation of the United Kingdom shall be
suspended so long as entitlement to benefit under the legislation of Spain
continues. Where, however, a person is subject to the legislation of Spain and his
spouse, having entitlement to family allowances under the legislation of the
United Kingdom is gainfully occupied in the territory of the United Kingdom,
the right to family allowances under the legislation of Spain shall be
suspended and only family allowances under the legislation of the United
Kingdom shall be paid.
(6) If
United Kingdom legislation relating to entitlement to family allowances is
applicable to a person, he shall be treated, for the purpose of entitlement to
family allowance, as if he had been present in the United Kingdom prior to his
application for allowances during any period when he was insured or employed
within the territory or under the legislation of Spain.
(7) Where
a person, his spouse, children or dependants, to whom the provisions of this
Convention apply, were not born in the territory of the United Kingdom, the
word “Spain” shall be substituted for the words “United
Kingdom”, “Isle of Man” or “Guernsey”, as the
case may be, in any provision of the legislation of the United Kingdom relating
to the person’s place of birth, or to the place of birth of his spouse,
children or dependants.
(8) Where,
but for the provisions of this paragraph, family allowance would be payable
under the legislation of both Parties for the same children, family allowances
shall be paid only under the legislation of the Party in whose territory the
children concerned are ordinarily resident.
Section 7
Unemployment benefit
ARTICLE 23
(1) If
a worker has, since his last arrival in the territory of one Contracting Party,
completed a contribution period under the legislation of that Party, he shall
be treated, for the purpose of a claim to unemployment benefit under the
legislation of that Party, as if any insurance period completed under the
legislation of the other Party were an insurance period completed under the
legislation of the former Party.
(2) Where
a worker claims unemployment benefit under the legislation of one Party by
virtue of paragraph (1) of this Article, any period during which he
received such benefit under the legislation of the other Party during the last
12 months before the day on which his claim is made shall be taken into account
as if it were a period during which he had received such benefit under the
legislation of the former Party.
(3) For
the purpose of any claim to receive unemployment benefit under the legislation
of the United Kingdom, a worker shall be treated as if he had been resident in
the territory of the United Kingdom during any period during which he was
resident in the territory of Spain.
Section 8
Earnings related supplement
ARTICLE 24
For the purpose of
calculating reckonable earnings for entitlement to the earnings-related
supplement payable with sickness benefit and unemployment benefit and the
widow’s supplementary allowance payable with widow’s allowance
under the legislation of the United Kingdom, a claimant or, in the case of a
claim to widow’s allowance, a claimant’s late husband, shall be
credited, for each week of employment as a worker under the legislation of
Spain during the relevant or appropriate income tax year, with an amount
equivalent to the average weekly earnings appropriate to the average weekly
rate of earnings-related supplement estimated to be payable to a man or woman,
as the case may be, during the current benefit year.
PART IV
Miscellaneous provisions
ARTICLE 25
(1) The
competent authorities of the two Contracting Parties shall establish
administrative measures necessary for the application of this Convention.
(2) The
competent authorities of the two Parties 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 legislation in so far
as these changes affect the application of the Convention.
(3) The
competent authorities and insurance authorities of the two Parties may, for the
purpose of applying this Convention, correspond directly with one another, or
with any person who has claimed benefit by virtue of the Convention, or with his
legal representative.
(4) A
Joint British-Spanish Social Security Commission, of a technical character,
shall be established for the following purposes:
(a) to
ensure exact fulfilment of the provisions of this Convention and to ensure
maximum efficiency and speed in its application;
(b) to
study those questions of interpretation and application which may arise between
the Insurance Authorities of both Contracting Parties, and to report to the
competent authorities;
(c) to
propose the modification of the provisions of the Convention and of the
administrative measures, when the development in practice of the said provisions
shows such modification to be necessary;
(d) to
revise procedures and liaison forms for the application of the Convention and
its administrative measures;
(e) to
perform any other function relating to studies or decisions which the competent
authorities of each of the Contracting Parties may entrust to the Commission.
(5) The
Commission referred to in the previous paragraph will meet at the request of
the competent authority of either of the Contracting Parties alternately in
Madrid and London.
ARTICLE 26
(1) The
competent insurance authorities shall assist one another on any matter relating
to the application of this Convention 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 Contracting Party to a person
in the territory of the other Party, the payment may be made by the competent
insurance authority of the latter Party at the request of the competent
insurance authority of the former Party.
(3) Where
a person who is in the territory of one Party has claimed benefit under the
legislation of the other Party and a medical examination is necessary, the
competent insurance authority of the former Party, at the request of the
competent insurance authority of the latter Party, shall arrange for this
examination. The costs of such examinations shall be met under arrangements to
be made between the competent authorities under the provisions of Article 25(1)
of this Convention.
ARTICLE 27
(1) Where
the legislation of one Contracting Party provides that any certificate or other
document which is submitted under the legislation of that Party 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 Party or under
this Convention.
(2) Any
certificate, document or written statement of any kind which has to be
submitted for the application of this Convention shall not require to be
legalised or authenticated
ARTICLE 28
Where a claim is
submitted to a competent insurance authority of one Contracting Party, it shall
not be rejected on the ground that it is written in the official language of
the other Party.
ARTICLE 29
(1) Any
claim, notice or appeal which should, for the purposes of the legislation of
one Contracting Party, have been submitted within a prescribed period to the
competent insurance authority of that Party, shall be treated as if it had been
submitted to that authority, if it is submitted within the same period to a
competent insurance authority of the other Party.
(2) Any
claim to benefit submitted under the legislation of one Party shall be deemed
to be a claim to the corresponding benefit under the legislation of the other
Party in so far as the corresponding benefit is payable in accordance with the
provisions of this Convention.
(3) Any
document submitted under the legislation of Spain may, where appropriate, be
treated as a notice of retirement given under the legislation of the United
Kingdom.
(4) In
any case to which the provisions of paragraphs (1), (2) or (3) of this Article
apply, the authority to which the notice, claim, appeal or document has been
submitted shall transmit it without delay to the competent insurance authority
of the other Party.
ARTICLE 30
(1) Payment
of any benefit in accordance with the provisions of this Convention may be made
in the currency of the Contracting Party whose insurance authority makes the
payment and any such payment shall constitute a full discharge of the
obligation.
(2) Where
a competent insurance authority has made a payment of benefit in accordance
with the provisions of paragraph (2) of Article 26 of this
Convention, any reimbursement shall be in the currency of the Party in whose
territory the other competent insurance authority has its principal place of
business.
(3) Any
remittance to be made in accordance with this Convention shall be made in
accordance with any agreement binding the two Parties at the time when such
remittance is made.
ARTICLE 31
(1) Where
an insurance authority of one Contracting Party has made an advance payment for
any period, any arrears of a corresponding benefit which become payable for the
same period under the legislation of the other Party may be withheld. Where an
insurance authority of one Party has overpaid benefit for any period for which
the insurance authority of the other Party afterwards becomes liable to pay a
corresponding benefit, the overpayment shall be regarded, for the purpose of
the first sentence of this paragraph, as an advance payment.
(2) Where
a social assistance authority of one Party has paid assistance to a person for
any period for which he afterwards becomes entitled to benefit under the
legislation of the other Party, the competent insurance authority of the latter
Party or the liaison office of that Party responsible for the payment shall, at
the request of that social assistance authority and on behalf of that
authority, withhold the amount paid by way of assistance from the arrears of
benefit due to be paid for the same period, treating that amount as if it were
an equal amount of assistance paid by a social assistance authority of the latter
Party and shall transfer the amount withheld to the competent authority of the
other Party.
ARTICLE 32
Where, but for the
provisions of this Article, a person would have been entitled to sickness
benefit, maternity allowance or 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 to which the person was last subject.
ARTICLE 33
(1) The
competent authorities shall endeavour to resolve by negotiation any
disagreement which may arise as to the interpretation or application of this
Convention.
(2) If
any such disagreement cannot be resolved by negotiation within a period of three
months from the commencement of the negotiation, the disagreement shall be
submitted to arbitration by an arbitral body whose composition and procedure
shall be agreed upon by the Contracting Parties, or, in default of such
agreement, within a further period of three months by an arbitrator chosen at
the request of either Party by the President of the International Court of
Justice.
(3) The
decision of the arbitral body or arbitrator, as the case may be, shall be
accepted as final and binding.
Health care benefits
ARTICLE 34
Health care for workers
and their dependants resident in the territory of one (or the other)
Contracting Party shall be given in accordance with the legislation of that
Party.
PART V
Transitional and final
provisions
ARTICLE 35
(1) Benefit,
other than lump sum payments, shall be payable in accordance with the
provisions of this Convention in respect of events which happen before the date
of its entry into force. For the purpose of determining claims in accordance
with the provisions of the Convention, account shall be taken of insurance
periods completed before the date of its entry into force.
(2) Paragraph (1)
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.
(3) In
cases covered by the first sentence of paragraph (1) of this Article:
(a) any
benefit which has been determined before the date of the entry into force of
this Convention may, at the request of the person concerned, be determined
afresh in accordance with the provisions of the Convention notwithstanding any
provisions of the legislation concerned which precludes such a revised
determination, and payment shall be made from the date of entry into force of
the Convention;
(b) any
benefit or increase of benefit to which a person becomes entitled solely by
virtue of the Convention shall be determined at his request from the date of
entry into force of the Convention, provided that he makes the request within two
years after that date; otherwise the benefit or increase of benefit shall be
paid from the date determined under the domestic legislation concerned.
ARTICLE 36
This Convention shall be
ratified and the instruments of ratification shall be exchanged at Madrid as
soon as possible. The Convention shall enter into force on the first day of the
second month following the month in which the instruments of ratification are
exchanged.
ARTICLE 37
This Convention shall
remain in force for an indefinite period. Either Party may denounce it by
giving three months’ notice in writing to the other.
ARTICLE 38
In the event of the
termination of this Convention, any right acquired by a person in accordance
with its provisions shall be maintained and negotiations shall take place for
the settlement of any rights then in 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
London this 13th day of September 1974, in the English and Spanish
languages, both texts being equally authoritative.
For the Government of the
United Kingdom of Great Britain and Northern Ireland:
ROY HATTERSLEY.
For the Government of
Spain:
MANUEL FRAGA IRIBARNE.
PROTOCOL ON HEALTH CARE
SUPPLEMENTARY TO THE CONVENTION ON SOCIAL SECURITY BETWEEN THE UNITED KINGDOM
OF GREAT BRITAIN AND NORTHERN IRELAND AND SPAIN
At the time of signing
the Convention on Social Security of this day’s date on behalf of the
Government of the United Kingdom of Great Britain and Northern Ireland and of
the Government of Spain (hereinafter referred to as “the Convention
”), the undersigned have agreed as follows:
ARTICLE I
(a) The
various categories of pensioners under the social security legislation
applicable in the territory of the United Kingdom who are residing in Spain and
their dependants accompanying them shall be entitled on application and through
the payment of the contributions fixed annually by the competent Spanish
authority to health care benefits provided under the legislation of Spain for
the corresponding class of its own pensioners.
(b) For
the purpose of this Protocol the terms “legislation” and
“territory” shall have the meanings assigned to them in the
Convention.
ARTICLE II
This Protocol shall be
ratified and the instruments of ratification shall be exchanged at Madrid as
soon as possible. The Protocol shall enter into force on the first day of the second
month following the month in which the instruments of ratification are
exchanged.
ARTICLE III
This Protocol shall
remain in force for an indefinite period. Either Party may denounce it by
giving three months’ notice in writing to the other.
In witness whereof the
undersigned, duly authorised thereto by their respective Governments, have
signed this Protocol.
Done in duplicate at
London this 13th day of September in the English and Spanish languages, both
texts being equally authoritative.
For the Government of the
United Kingdom of Great Britain and Northern Ireland:
ROY HATTERSLEY.
For the Government of
Spain:
MANUEL
FRAGA IRIBARNE.