SCHEDULE 1
EXCHANGE OF NOTES BETWEEN
THE FRENCH MINISTER FOR FOREIGN AFFAIRS AND THE BRITISH AMBASSADOR AT
PARIS
Paris, 29 May 1979
The French Minister for
Foreign Affairs to Her Majesty’s Ambassador at Paris (Translation)
Your Excellency,
1. I
have the honour to refer to the Exchange of Notes of 19th May 1959
between the Government of the French Republic and the Government of the United
Kingdom of Great Britain and Northern Ireland on the application to the Island
of Jersey of the Convention on Social Security between France and the United
Kingdom signed on 10th July, 1956.
2. I
also refer to the Exchange of Notes of 25th February, 1965 between the
Government of the French Republic and the Government of the United Kingdom of
Great Britain and Northern Ireland on payment of family allowances to seasonal
agricultural workers going from France to Jersey or from Jersey to France.
3. The
introduction in Jersey of new legislation on health insurance and the wish of
each of the interested parties to improve the social security of their
nationals working in the other country as well as their families remaining in
their country of origin has led the competent authorities of the two parties to
propose the amendment of the Exchange of Notes of 19th May, 1959.
This amendment has also to take into account the changes which have become
necessary as a result of the special arrangements for Jersey on the accession
of the United Kingdom of Great Britain and Northern Ireland to the European
Economic Community.
4. In
addition, the denunciation on 1st March, 1973 (which took effect from 8th
May, 1973) by the Government of the United Kingdom of the Exchange of
Notes of 25th February, 1965 following the amendments to the Jersey
legislation on Family Allowances which came into force on 8th May, 1973
has led the authorities of both parties to consider new provisions on Family
Allowances.
5. Accordingly,
I have the honour to propose that the new provisions regulating social security
arrangements between France and Jersey should be included in a single document
annexed to this Letter. This Agreement would replace both the Exchange of Notes
of 19th May, 1959, which would be terminated, and the Exchange of
Notes of 25th February, 1965, which has already been terminated.
6. If
the foregoing proposals are acceptable to the Government of the United Kingdom
I have the honour to suggest that the present Note together with Your
Excellency’s reply to that effect, shall constitute an Agreement between
the two Governments on this matter. The Government of the French Republic and
the Government of the United Kingdom shall inform each other as soon as the
necessary procedures for the implementation of the present Agreement in their
respective countries have been completed. The Agreement shall enter into force
on the date of the last of these notifications.
7. This
Agreement shall remain in force for a period of one year and thereafter shall
continue in force from year to year unless notice of termination is given in
writing by either party at least three months before the expiry of such yearly
period or until the convention of 1956 is terminated, whichever is the
earlier.
I avail myself of this opportunity to renew to you, Mons.
L’Ambassadeur, the assurance of my highest consideration.
CLAUDE CHAYET
Minister for Foreign Affairs
Her Majesty’s
Ambassador at Paris to the French Minister for Foreign Affairs
British Embassy,
Paris,
29 May 1979.
Your Excellency,
1. I
have the honour to acknowledge receipt of Your Excellency’s Note of 29
May 1979 of which in translation reads as follows: –
“1. I have the honour to
refer to the Exchange of Notes of 19th May 1959 between the
Government of the French Republic and the Government of the United Kingdom of
Great Britain and Northern Ireland on the application to the Island of Jersey
of the Convention on Social Security between France and the United Kingdom
signed on 10th July, 1956.
2. I also refer to the Exchange of
Notes of 25th February, 1965 between the Government of the French Republic
and the Government of the United Kingdom of Great Britain and Northern Ireland
on payment of family allowances to seasonal agricultural workers going from
France to Jersey or from Jersey to France.
3. The introduction in Jersey of
new legislation on health insurance and the wish of each of the interested
parties to improve the social security of their nationals working in the other
country as well as their families remaining in their country of origin has led the
competent authorities of the two parties to propose the amendment of the
Exchange of Notes of 19th May, 1959. This amendment has also to take
into account the changes which have become necessary as a result of the special
arrangements for Jersey on the accession of the United Kingdom of Great Britain
and Northern Ireland to the European Economic Community.
4. In addition, the denunciation on
1st March, 1973 (which took effect from 8th May, 1973) by the
Government of the United Kingdom of the Exchange of Notes of 25th
February, 1965 following the amendments to the Jersey legislation on
Family Allowances which came into force on 8th May, 1973 has led the
authorities of both parties to consider new provisions on Family Allowances.
5. Accordingly, I have the honour
to propose that the new provisions regulating social security arrangements
between France and Jersey should be included in a single document annexed to
this Letter. This Agreement would replace both the Exchange of Notes
of 19th May, 1959, which would be terminated, and the Exchange of
Notes of 25th February, 1965, which has already been terminated.
6. If the foregoing proposals are
acceptable to the Government of the United Kingdom I have the honour to suggest
that the present Note together with Your Excellency’s reply to that
effect, shall constitute an Agreement between the two Governments on this
matter. The Government of the French Republic and the Government of the United
Kingdom shall inform each other as soon as the necessary procedures for the
implementation of the present Agreement in their respective countries have been
completed. The Agreement shall enter into force on the date of the last of
these notifications.
7. This Agreement shall remain in
force for a period of one year and thereafter shall continue in force from year
to year unless notice of termination is given in writing by either party as
least three months before the expiry of such yearly period or until the
convention of 1956 is terminated, whichever is the earlier.”
2. I
have the honour to confirm that the foregoing proposals are acceptable to the
Government of the United Kingdom and that your Note, together with this reply
shall constitute an agreement between the two governments on this matter.
3. The
Government of the French Republic and the Government of the United Kingdom
shall inform each other as soon as the necessary procedures for the
implementation of the present Agreement in their respective countries have been
completed. The Agreement shall enter into force on the date of the last of
these notifications.
4. This
Agreement shall remain in force for a period of one year and thereafter shall
continue in force from year to year unless notice of termination is given in
writing by either party at least three months before the expiry of such yearly
period or until the convention of 1956 is terminated, whichever is the
earlier.
I avail myself of this opportunity to renew to your Excellency the
assurance of my highest consideration.
REGINALD HIBBERT
H.M. Ambassador, Paris.
ANNEX
PART I
GENERAL PROVISIONS
ARTICLE 1
Subject to the provisions of this Annex, the provisions of the
Convention of Social Security between the Government of the United Kingdom of
Great Britain and Northern Ireland and the Government of the French Republic of
10th July, 1956, excluding the Protocols,
(hereinafter referred to as “the Convention”) shall apply to the
Island of Jersey.
ARTICLE 2
(1) For
the purpose of applying the Convention to Jersey:
(a) the Island of Jersey shall be deemed to be
included in the territory specified in relation to the United Kingdom in paragraph (1)
of Article 1 of the Convention;
(b) the States of Jersey Social Security Committee
and the Public Health Committee, as appropriate, shall be deemed to be included
among the authorities specified in relation to the United Kingdom in paragraphs (4)
and (5) of Article 1 of the Convention;
(c) the Social Security (Jersey) Law, 1974,
the Health Insurance (Jersey) Law, 1967, the Family Allowances (Jersey)
Law, 1972, shall be deemed to be included in the United Kingdom
legislation specified in sub-paragraph (a) of paragraph (1) of Article 2
of the Convention;
(d) the French legislation on Family Allowances
shall be deemed to be included in the French legislation specified in sub-paragraph (b)
of paragraph (1) of Article 2 of the Convention, in as much as it
concerns the employed persons referred to in the legislation mentioned in (ii),
(iii), and (vi) of the said sub-paragraph (b).
(2) For
the purpose of applying the present Annex:
(a) the term “country” means France
or the Island of Jersey, as the case may be;
(b) the term “nationals” means, in
the case of France, persons of French nationality, and in the case of Jersey,
persons who, by virtue of a connection with Jersey, are Channel Islanders as
defined in Article 6 of the Protocol No. 3 signed on the accession of the
United Kingdom of Great Britain and Northern Ireland to the European Economic
Community;
(c) the term “seasonal worker” means
a worker who, ordinarily residing in France or Jersey, proceeds to the other
territory, i.e. Jersey or France, in order to carry out for a firm or an
employer of that country a job of a seasonal character, the duration of which
cannot in any case exceed eight months, and who remains in the territory of the
said country for the duration of his employment; “job of a seasonal
character” means an employment which depends on the rhythm of the seasons
and recurs automatically each year.
ARTICLE 3
The nationals of one or the other country normally resident in the
territory of one of them employed in the territory of the other by a firm which
is established in the territory of the first country from which they are paid,
or by an employer who is normally resident in that territory, are subject to
the legislation of that country (referred to in Article 2(1)(c) and (d) of this
Annex), as if they had been employed on their own territory, as long as the
probable duration of their employment in the territory of the second country
does not exceed 12 months. If this employment is to continue for a period
exceeding 12 months, they may continue to remain subject to the legislation of
the first country for a period agreed upon between the competent authorities.
PART II
SICKNESS AND MATERNITY
BENEFITS
ARTICLE 4
(1) Where
a seasonal worker is entitled to cash sickness benefit and maternity allowance
by virtue of the provisions of Article 13 of the Convention at the date of
his departure from the Island of Jersey, he shall be entitled to continue to
receive such benefits in the territory of France for a period of not more than thirteen
weeks from the date of his departure from the Island.
(2) Where
a worker is entitled to Medical Benefits in kind (prestations maladie ou
maternité en nature) at the time of his departure from the Island of
Jersey, he shall continue to be entitled, for a period not exceeding thirteen
weeks from the date of his departure from the Island, to these benefits in kind
in accordance with the provisions of the French Social Security, which will be
chargeable to the competent Jersey authority. The reimbursement of such
benefits shall be determined by administrative arrangement.
ARTICLE 5
(1)
(a) Where a national of one or other of the
countries and the members of his family ordinarily resident in Jersey, who have
been present in France for less than three months and who have not been
affiliated to the French Social Security authorities, fall ill, meet with an
accident, or for any other reason are in urgent need of medical treatment, they
shall receive hospital in-patient treatment under the same conditions as though
they were subject to the Sickness Insurance legislation mentioned in sub-paragraph (b)
(ii) of paragraph (1) of Article 2 of the Convention, subject to
their providing such evidence of eligibility as may be determined by agreement
between the competent authorities of the two countries.
(b) That part of the cost which would be borne
by the person receiving such hospital treatment, if he or she were insured in
France, shall be paid directly by that person to the hospital and that part of
the cost which would be borne by the Social Security authority, in application
of the legislation referred to in sub-paragraph (b) (ii) of paragraph (1)
of Article 2 of the Convention, shall be borne by the institution
designated by the competent authorities.
(2) Where
a national of one or other of the two countries and the members of his family
ordinarily resident in France and insured under French legislation on Social
Security, who have been present in the territory of Jersey for less than three
months, fall ill, meet with an accident, or for any other reason are in urgent
need of medical treatment they shall receive hospital in-patient treatment
under the same conditions as a national of the United Kingdom ordinarily
resident in Jersey, as provided for by Jersey legislation, subject to their
providing such evidence of eligibility as may be determined by agreement
between the competent authorities of the two countries.
(3) The
provisions of the aforementioned paragraphs (1) and (2) shall not apply to
persons who go from one country to the other in order to receive there medical
treatment.
ARTICLE 6
(1) Where
a national of one or other of the two countries takes paid employment in the
territory of one country and the members of his family reside in the territory
of the other country. Medical Benefits in Kind (prestations maladie ou
maternité en nature) or sickness and maternity benefits in kind as the
case may be, of the country of residence of the members of the family shall be
paid in accordance with the legislation of the country of residence and be
chargeable to the country where that person is employed.
(2) The
reimbursement of the benefits provided according to paragraph (1) shall be
to such an extent and by such methods as may be determined by administrative
arrangement between the competent authorities of the two countries.
PART III
FAMILY ALLOWANCES
ARTICLE 7
(1) Where
a national of one or the other of the two countries takes paid employment in
the territory of one country and the members of his family reside in the
territory of the other country, family allowances of the country of residence
of the members of the family shall be paid in accordance with the legislation
of the country of residence and be chargeable to the country where that person
is employed.
(2) The
reimbursement of the benefits provided according to paragraph (1) shall be
to such extent and by such methods as may be determined by administrative
arrangement between the competent authorities of the two countries.
PART IV
COMMON PROVISIONS
ARTICLE 8
The conversion of the
factors applicable to the insurance periods and equivalent periods under French
legislation into insurance periods and equivalent periods under the legislation
mentioned in Article 2(1) (a) of the Convention shall be determined by
administrative arrangement.
SUPPLEMENTARY ADMINISTRATIVE ARRANGEMENT FOR APPLYING THE CONVENTION
ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM AND THE
GOVERNMENT OF THE FRENCH REPUBLIC IN RESPECT OF THE EXCHANGE OF LETTERS AND
ANNEX DATED 29th MAY 1979 EXTENDING THE CONVENTION TO THE ISLAND OF
JERSEY.
|
Application of Article 3.
|
|
Article 1
|
In
the case referred to in Article 3, cash
benefits are paid directly by the affiliated institution.
|
|
|
Benefits
in kind are dispensed by the institution of the host country in conformity
with the applicable legislation and the cost must be borne by the said institution.
|
|
Application of Article 4(1) of the Annex.
|
|
Article 2
|
The
payments of benefits in cash (daily rates) is the sole responsibility of the
Jersey authority.
|
|
Application of Article 4(2) of the Annex.
|
|
Article 3
|
The
provision of the benefits in kind is the sole responsibility of the French
institution in accordance with the provisions of its legislation as far as
the extent of the said benefits and the
methods by which they are provided is concerned. The worker must produce to
the French institution a certificate by which the Jersey authority permits him
to continue to receive benefit for a period not exceeding thirteen weeks.
|
|
|
The
reimbursement of benefits provided by the French institutions on behalf of
the Jersey authority will be calculated each quarter on the production of
individual accounts sent by the French liaison institution to the competent
Jersey authorities. The latter will refund the required amount to the French
liaison institution.
|
|
Application of Article 5(1a) of the Annex.
|
|
Article 4
|
If
a national of one or the other of the countries ordinarily resident in Jersey
has need of hospital in-patient treatment in France, under the terms of this Article the claimant must produce a certificate
which will conform to the specifications laid down by mutual agreement.
|
|
Application of Application 5(2) of the Annex.
|
|
Article 5
|
If
a national of one or other of the countries ordinarily resident in France has
need of hospital in-patient treatment in Jersey, under the terms of this Article evidence of eligibility will be as
follows: -
|
|
|
(a)
|
In
the case of the French national, his passport or his National Identity Card.
|
|
|
(b)
|
In
the case of the national of the United Kingdom, who could otherwise have been
ordinarily resident in Jersey, his Passport.
|
|
Application of Article 6 of the Annex.
|
|
Article 6
|
(i)
|
The
expenses relating to the medical benefits in kind paid to the members of the
family of the worker remaining in the country of origin are calculated on a
lump sum basis for each calendar year.
|
|
|
(ii)
|
The
lump sum is calculated by multiplying the annual average cost of the benefits
per family in the country of residence by the number of families of those
workers employed in the other country, applying to the resulting figure an
abatement of twenty per cent.
|
|
|
(iii)
|
These
two factors are determined by the following methods: -
|
|
|
|
(a)
|
The
average annual cost of the benefits per family in the country of residence is
determined by dividing the cost of the medical and maternity benefits in kind
paid by the institutions of the appropriate country to only those having an
entitlement as insured persons of the said country
by the average number of workers having dependent families during the course
of the year.
|
|
|
|
(b)
|
The
number of families to be taken into consideration is determined by means of a
register kept for this purpose by the liaison authority of their country of
residence based on the supporting documents and the entitlement of the
parties, supplied by the competent institution.
|
|
Article 7
|
The
extent of settlement of the lump sum payments provided by Article 6 are as follows: -
|
|
|
(i)
|
The
amount of the lump sum payments due by the institutions of the affiliated
country to the country of residence is calculated at the end of each year.
|
|
|
(ii)
|
The
settlement of accounts between the institutions of the two countries is
effected as soon as the various factors involved in the determination of the
lump sum for the relevant year are taken into account.
|
|
|
(iii)
|
The
payment of the sums due must be made through the intermediary of the liaison
authorities of the two countries.
|
|
|
(iv)
|
The
competent authorities of each country shall designate the institution or
institutions who will bear the charge of the benefits to be reimbursed on a
lump sum basis.
|
|
Application of Article 7 of the Annex.
|
|
Article 8
|
(a)
|
The
appropriate institution in France shall on request of the French insured
persons gainfully occupied in Jersey, provide a certificate giving details
about his children. The French insured person
shall provide this certificate to the competent Authority in Jersey. Each
year at the beginning of May, the competent authority in Jersey shall
calculate the amount of family allowance that would have been payable in
Jersey had the children been resident in Jersey, based on the following
formula, and pay the resulting sum to the French liaison organisation (the
Social Security Centre for the Migrant Workers).
|
|
|
The
formula for computing the amount of family allowance due is as follows: –
|
|
|
|
It
will result from the calculation of the weekly average per child of the
Jersey Family Allowances, which are payable to all Jersey families who are
eligible for family allowances in the relevant year. For every family, this
average will be multiplied by the number of eligible children remaining with
the family, and by the number of weeks the worker has been resident in Jersey
in the relevant year.
|
|
|
(b)
|
The
competent authority in Jersey shall at the request of a Jersey insured person gainfully occupied in France provide a
certificate showing details of his children. The Jersey insured person shall forward this certificate to the
French liaison authority. Each year at the beginning of May, the competent
authority in Jersey shall calculate the amount of family allowance which
would have been payable in Jersey during the relevant year and submit it to
the liaison authority in France for reimbursement.
|
|
Application of Article 8 of the Annex.
|
|
Article 9
|
(1)
|
For
the purpose of calculating a contribution coefficient to establish
entitlement under the legislation specified in Article 2(a)
of the Convention in relation to Jersey, every person
shall be considered by the relevant Jersey authorities only: –
|
|
|
|
(a)
|
If
they have paid for each week included in a completed contribution period
under French legislation (provided that it relates to a week which begins
during the relevant quarter) contributions which correspond to a quarterly
contribution coefficient of 0.077 for that quarter.
|
|
|
|
(b)
|
If
they have paid for each week included in a completed contribution period
under French legislation (provided that it relates to a week which begins
during the relevant year) contributions which correspond to an annual
contribution coefficient of 0.0192 for that year.
|
|
|
|
(c)
|
If
they can be proved to have been credited with weekly contributions under
Jersey legislation of which the duration is a period similar to that in the
framework of the French legislation, in the same way that a period of
contributions is taken into consideration under the provisions of sub-paragraphs (a) and (b) of this paragraph.
|
|
|
(2)
|
For
the purpose of converting a contribution coefficient into an insurance period
under the legislation of Jersey specified in Article 2(i)(b)
of the Convention the competent authority of Jersey shall –
|
|
|
|
(a)
|
in
the case of a quarterly contribution coefficient multiply the coefficient
achieved by a person in a quarter by thirteen;
and
|
|
|
|
(b)
|
in
the case of an annual contribution coefficient, multiply the factor achieved
by a person in a year by fifty-two.
|
|
|
The
result shall be expressed by 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 year, shall be treated as representing the number of weeks
in the insurance period completed under that legislation.
|
|
|
(3)
|
Where
it is not possible to determine accurately the periods of time in which
certain periods of insurance were completed under the legislation of France
or Jersey such periods shall be presumed not to overlap with insurance
periods completed under the legislation of France or Jersey but they shall be
taken into account to the best advantage of the beneficiary.
|
|
Article 10
|
Payments
shall be effected in the currency of the creditor country.
|
|
Article 11
|
In
relation to the implementation of the present arrangement, the following
liaison bodies are stipulated –
|
|
|
–
With regard to France:
|
“Le Centre de Sécurité Sociale des
Travailleurs Migrants”.
|
|
|
–
With regard to Jersey:
|
The
Social Security Department.
|
|
Article 12
|
The
present agreement will come into force on the same date as the Exchange of
diplomatic letters.
|
|
Signed
in Paris on the 28th September, 1978, with two copies, in English and
French, each one of which having equal authority.
|
|
|
|
|
|
|
STATES OF JERSEY SOCIAL SECURITY
DEPARTMENT
|
MINISTERE DE LA SANTE ET DE LA FAMILLE
|
FORMULAIRE
ST.
|
|
|
ATTESTATION
Droit aux soins de santé sur le territoire
français en application de l’accord franco-jersiais du
(à présenter en cas
d’hospitalisation en urgence)
|
|
atteste que:
L’Assuré ci-après
désigné
Mr.
Mme ou Mille
|
L’assuré et (ou) les membres de famille
peuvent s’ils se trouvent en France depuis moins de 3 mois, et lorsque
leur état requier une hospitalisation d’urgence à la
suite d’un accident ou pour toute autre raison, prétendre au
service des prestations en nature de l’assurance maladie, dans les
mêmes conditions qu’un assuré de régime
général français de sécurité sociale.
|
|
ressortissant: Français – Jersiais1
et les membres de famille énumérés ci-dessous:
|
La demande de prise en charge doit être
adressée par l’établissement hospitalier, à la
Caisse Primaire Centrale de la Région Parisienne.
|
|
demeurant à Jersey:
relèvent de l’accord franco-jersiais
du
sur
la sécurité
sociale
Fait à Saint
Helier. Le
|
L’intéresté acquitte, s’il y
a lieu, la part des frais normalement mise
à la charge des assurés (en principe 20%) et le montant du
supplément pour chambre particulière, le cas
échéant.
La présente attestation est valable pour une
durée d’une année à compter de la date de sa
délivrance ou de sa reconduction dans la limite de 5 années
(voir au verso).
|
Prolongation pour une année à
compter du:
SCHEDULE 2
CONVENTION ON SOCIAL SECURITY BETWEEN THE UNITED KINGDOM AND
FRANCE
Paris, July 10, 1956
The Government of the United Kingdom of Great Britain and Northern
Ireland and the Government of the French Republic,
Being resolved to co-operate in the social field,
Affirming the principle that the nationals of one Contracting
Party should receive under the social security legislation of the other equal
treatment with the nationals of the latter,
Desirous of giving effect to this principle and of making
arrangements enabling their nationals 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,
Desirous further of making arrangements for insurance periods
completed under the legislation of the two Parties to be added together for the
purpose of determining the right to receive benefit,
Have agreed as follows: –
PART I
DEFINITIONS
ARTICLE 1
For the purposes of the present Convention –
(1) “territory”
means, in relation to the United Kingdom, England, Scotland, Wales, Northern
Ireland and the Isle of Man, and, in relation to France, Metropolitan France,
its overseas Departments (Guadaloupe, French Guiana, Martinique and Reunion)
and Algeria;
(2) “national”
means, in relation to the United Kingdom, a citizen of the United Kingdom and
Colonies, and, in relation to France, a person having French nationality and
any French protected person belonging to French Togoland or the French
Cameroons;
(3) “legislation”
means, according to the context, the laws, orders and regulations specified
under Article 2 in force in any part of the territory of one (or the
other) Contracting Party;
(4) “competent
authority” means, in relation to the United Kingdom, the Minister of
Pensions and National Insurance, of the Ministry of Labour and National
Insurance for Northern Ireland or the Isle of Man Board of Social Services, as
the case may require, and, in relation to France, the Ministers responsible for
the legislation specified in Article 2;
(5) “social
security authority” means, in relation to the United Kingdom, the
Ministry of Pensions and National Insurance, the Ministry of Labour and
National Insurance for Northern Ireland or the Isle of Man Board of Social
Services, or the Statutory Authorities appointed to determine questions under
the legislation of the United Kingdom, as the case may require, and, in
relation to France, the appropriate administrative authority specified in the
legislation of France;
(6) “employed
person” means a person who comes within the definition of an employed person
(or a person who is treated as an employed person) in the legislation which is
being applied; “employment” means employment as an employed person,
and the words “employ” and “employer” refer to such
employment;
(7) “dependent”
means, in relation to the United Kingdom, a person who would be treated as such
for the purpose of any claim to receive benefit in respect of a dependent under
the legislation of the United Kingdom, and in relation to France, a person who
comes within the definition of a dependant in the legislation of France;
(8) “insurance
period” means, in relation to the United Kingdom, a period in respect of
which contributions, appropriate to the benefit in question, have been paid
under the legislation of the United Kingdom, and, in relation to France, an
insurance period or contribution period recognised under the legislation of
France;
(9) “equivalent
period” means, in relation to the United Kingdom, a period in respect of
which contributions, appropriate to the benefit in question, have been credited
under the legislation of the United Kingdom, and, in relation to France, a
period recognised under the legislation of France as equivalent to an insurance
period;
(10) the
words “benefit” and “pension” include any increase in
the benefit or pension and any additional allowances payable therewith;
(11) “sickness
benefit” means, in relation to the United Kingdom, sickness benefit as
defined in the legislation of the United Kingdom, other then invalidity
pension, and, in relation to France, sickness benefit as defined in the
legislation of France;
(12) “invalidity
pension” means –
(a) in relation to the United Kingdom, sickness
benefit as defined in the legislation of the United Kingdom –
(i) which becomes
payable to a person in respect of a period of interruption of employment as
defined in that legislation after he has been entitled in that period to
receive such benefit for three hundred and twelve days; or
(ii) which
becomes payable by the social security authority of the United Kingdom in
accordance with the provisions of paragraph (3) or (4) of Article 19;
(b) in relation to France, invalidity pension as
defined in the legislation of France;
(13) “old
age pension” means, in relation to the United Kingdom, a contributory old
age pension or retirement pension as defined in the legislation of the United
Kingdom, and, in relation to France, an old age pension, or annuity or
allowance as defined in the legislation of France which is payable by virtue of
the payment of contributions to a sufficient amount;
(14) “benefit
in respect of death” means a lump sum payment made in respect of death.
PART II
SCOPE
ARTICLE 2
(1) The
provisions of the present Convention shall apply –
(a) in relation to the United Kingdom,
to –
(i) the National
Insurance Act, 1946, the National Insurance Act (Northern
Ireland), 1946, the National Insurance (Isle of Man) Act, 1948, and
the legislation in force before the 5th July, 1948, which was replaced by
those Acts;
(ii) the
National Insurance (Industrial Injuries) Act, 1946, the National Insurance
(Industrial Injuries) Act (Northern Ireland), 1946, and the National
Insurance (Industrial Industries) (Isle of Man) Act, 1948;
(b) in relation to France, to –
(i) the legislation
relating to the organisation of the social security schemes;
(ii) the
social insurance legislation applicable to persons employed in non-agricultural
employment, and concerning insurance against sickness, invalidity, old age and
death, and benefits in respect of maternity expenses;
(iii) the
social insurance legislation applicable to persons employed and persons treated
as employed in agricultural employment, and concerning the same insurance and
benefits;
(iv) the
legislation relating to the contributory scheme for old age allowances for
non-employed persons;
(v) the legislation on the
prevention of, and compensation for, industrial accidents and occupational
diseases;
(vi) special
social security schemes, in so far as they deal with the insurance or benefits
covered by the legislation specified in the foregoing paragraphs, and, in
particular, the scheme of social security in the mining industry.
(2) Subject
to the provisions of paragraphs (3) and (4) of this Article, the
Convention shall also apply to any law, order or regulation which amends,
supplements or consolidates the legislation specified in paragraph (1) of
this Article.
(3) The
Convention shall apply to laws, orders or regulations which extend insurance to
new classes of persons or relate to a new branch of social security, unless
either Contradicting Party decides that it shall not apply and gives notice to
the other to that effect within three months of the official communication of
the said legislation in accordance with Article 37 of the Convention.
(4) The
Convention shall apply to laws, orders and regulations which amend the
legislation specified in paragraph (1) of this Article for the purpose of
giving effect to a reciprocal agreement on social security only if the
Contracting Parties so decide.
PART III
GENERAL PROVISIONS
ARTICLE 3
A national of one Contracting Party shall be entitled to receive
the benefits of the legislation of the other Party under the same conditions as
if he were a national of the latter Party.
ARTICLE 4
(1) Subject
to the provisions of paragraph (2) of this Article and of Articles 5,
9 and 10 where a national of either Contracting Party is employed in the
territory of one Party he shall be insured as an employed person under the
legislation of that Party, and even if he is ordinarily resident in the
territory of the other Party, and even if his employer or the principal place
of business of the undertaking which employs him is in the latter territory.
(2)
(a) Where a national of either Party, who is
ordinarily resident in the territory of one Party and is in the service of an
employer who is ordinarily resident in the territory of that Party or has a
place of business there, is employed in the territory of the other Party, the
legislation of the former Party shall apply to that person as if he were
employed in the territory of the former Party, provided that his employment in
the latter territory is not expected to last for a period of more than six
months. If his employment in the latter territory should for unforeseen reasons
continue after such period of six months, the legislation of the former Party
shall continue to apply to him for any further period of not more than six
months, provided that the competent authority of the latter Party agrees
thereto.
(b) Where a national of either Party, who is
ordinarily resident in the territory of one Party, is employed by a transport
undertaking whose principal place of business is in the territory of that
Party, on road or rail vehicles in the territory of the other Party, the
legislation of the former Party shall apply to him.
ARTICLE 5
(1) For
the purpose of this Article, “vessel or aircraft of one (or the other)
Party” means, according to the context,
(a) a ship or vessel, registered in the
territory of the United Kingdom, or any other ship or vessel defined as British
for the purposes of United Kingdom legislation 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 the territory of the United Kingdom, or an aircraft,
registered in that territory, of which the owner (or managing owner, if there
is more than one owner) resides or has his principal place of business in that
territory, or
(b) a ship or vessel registered in the territory
of France, or an aircraft registered in the territory of France, including
transport, general purposes, prototype test and production test aircraft, as
defined in the French legislation concerning civil aviation.
(2) Subject
to the provisions of paragraph (3) of this Article, where a national of
either Contracting Party, ordinarily resident in the territory of one Party, is
employed on board any vessel or aircraft of the other Party, the legislation of
the latter Party shall apply to him, as if any conditions relating to
nationality, residence or domicile were satisfied in his case.
(3) Where
a national of either Party, ordinarily resident in the territory of one Party
and employed on board any vessel or aircraft of the other Party, is paid
remuneration in respect of that employment by some person or undertaking having
a place of business in the territory of the former Party and not the owner of
the vessel or aircraft, the legislation of the former Party shall, in respect
of that employment, apply to that national as if the vessel or aircraft, were a
vessel or aircraft of the former Party, and the person or undertaking paying
the said remuneration shall be treated as the employer for the purposes of such
legislation.
(4) A
ship or vessel, built in the territory of one Party for a person or undertaking
whose principal place or business is in the territory of the other Party, shall
be deemed to be a vessel of the latter Party during the period which elapses
between the beginning of the operation of launching and the registration of
such a ship or vessel, and the provisions of paragraph (3) of this Article
shall apply as if the said person or undertaking were the owner of the vessel.
ARTICLE 6
(1) Students
and apprentices who, having been insured under the legislation of France, are
temporarily employed in the territory of the United Kingdom shall, subject to
the provisions of paragraph (2) of Article 4 of this Convention, be
insured under the legislation of the United Kingdom in respect of that
employment and, in the case of such students and apprentices, the provisions of
that legislation which except students and apprentices ordinarily resident outside
the territory of the United Kingdom from insurance in respect of employment
shall not apply.
(2) The
provisions of the legislation of France shall apply to students and apprentices
who are nationals of the United Kingdom and who are in the territory of France,
under the same conditions as they apply there to students and apprentices who
are nationals of France.
ARTICLE 7
Where a national of either Contracting Party is ordinarily engaged
on his own account in an occupation in the territory of one Party, the
legislation of that Party shall apply to him even if he is ordinarily resident
in the territory of the other Party.
ARTICLE 8
The Competent authorities of the two Contracting Parties may agree
that the provisions of Article 4, 5, 6 and 7 shall not
apply in particular cases.
ARTICLE 9
(1) The
present Convention shall not apply to established members of the Foreign
Service of either Contracting Party.
(2) Subject
to the provisions of paragraph (1) of this Article.
(a)
(i) French
civil servants (fonctionnaires) employed in the territory of the United Kingdom
shall be insured under the legislation of France;
(ii) where
a national of France, to whom the foregoing provisions of this sub-paragraph do
not apply, is employed in a public service of France in the territory of the
United Kingdom, or is employed there by a diplomatic or consular official of
France in his personal capacity, the legislation of the United Kingdom shall
apply to him.
(b)
(i) Where
an established member of the Government service of the United Kingdom, or an
established civil servant of Northern Ireland, is employed in the territory of
France, the legislation of the United Kingdom shall apply to him as if he were
employed in the territory of the United Kingdom;
(ii) where
a national of the United Kingdom to whom the foregoing provisions of this sub-paragraph
do not apply, is employed in the Government service of the United Kingdom in
the territory of France, or is employed there by a diplomatic or consular
official of the United Kingdom in his personal capacity, the legislation of
France shall apply to him.
(3) The
competent authorities of the two Contracting Parties may agree on the
modification or extension of the provisions of this Article in relation to
particular cases.
ARTICLE 10
(1) Where
a national of either Contracting Party is employed in the territory of one
Party and the legislation of the other applies to him in accordance with the
provisions of paragraph (2) of Article 4, or of paragraph (2) of
Article 9, he shall, for the purpose of any claim to receive cash benefits
for sickness, maternity, industrial accident or disease, under such legislation,
be treated –
(a) in respect of sickness and maternity benefit
as if he were in the territory of the latter Party, and
(b) in respect of benefit for an industrial
accident occurring or an industrial disease contracted during such employment
as if the accident had occurred, or the disease had been contracted in the
territory of the latter Party.
(2) Where
a national of either Party has been employed on board any vessel or aircraft of
one Party and the legislation of that Party applied to him, in accordance with
the provisions of paragraph (2) of Article 5, he shall, while he is
in the territory of the other Party, be treated for the purpose of any claim to
receive cash benefit for sickness for a disease which was contracted, or a
disablement which occurred during such employment, as if he were in the
territory of the former Party.
ARTICLE 11
Where a national of either Contracting Party is ordinarily
resident in the territory of the United Kingdom and is employed in the
territory of France by an employer who is ordinarily resident in the former
territory or has a place of business there, he shall be treated, for the
purpose of any claim to receive unemployment benefit under the legislation of
the United Kingdom, as if a contribution had been credited to him as an
employed person under that legislation for each week during which he was so
employed and for which a contribution has not been paid in accordance with the
provisions of paragraph (2) of Article 4.
ARTICLE 12
Where a national of either Contracting Party, who is ordinarily
resident in the territory of France and has been compulsorily insured under the
legislation of the United Kingdom, claims the right to be voluntarily insured
under the legislation of France, he shall be entitled, subject to conditions
which shall be prescribed in an administrative arrangement made in accordance
with the provisions of Article 37, to become insured if he
had ceased to be subject to compulsory insurance under the legislation of
France, and for this purpose, any period of compulsory insurance completed
under the legislation of the United Kingdom shall be treated as if it had been
a period of compulsory insurance completed under the legislation of France.
PART IV
SPECIAL PROVISIONS
SECTION I – BENEFITS
IN RESPECT OF SICKNESS, MATERNITY AND DEATH
ARTICLE 13
A national of either Contracting Party who has completed an
insurance period under the legislation of one Party shall be entitled, together
with his dependants to receive the benefits provided under the legislation of
the other Party in respect of sickness, maternity and death, provided that –
(1) he
has begun a period of compulsory insurance under the legislation of the latter
Party after the date on which he entered the territory of that Party;
(2) he
satisfies the conditions laid down by the legislation of the latter Party; and
for this purpose, any insurance period or equivalent period completed under the
legislation of the former Party shall be treated, subject to the provisions of Article 30,
as if it had been completed under the legislation of the latter Party, provided
that, where, at the date on which he entered the territory of the latter Party,
he satisfied the conditions relating to insurance, contributions or employment
for benefit under the legislation of the former Party, he may, at the
discretion of the social security authority of the latter Party, be treated
during the six months following that date as if he satisfied the corresponding
conditions for benefit under the legislation of that Party;
(3) in
the case of maternity, where a woman would be entitled to receive benefit under
the legislation of one Party by virtue of her own insurance, and under the
legislation of the other Party by virtue of her husband’s insurance, she
shall be entitled to receive benefit only under the legislation of the Party in
whose territory she is confined, provided that, where maternity benefit has
already been paid before the date of the confinement under the legislation of
the United Kingdom, no further benefit shall be payable under the legislation
of France.
ARTICLE 14
(1) Where
a woman, being a national of either Contracting Party, is insured under the
legislation of one Party, or is the wife of a person so insured, and is in, or
is confined in, the territory of the other Party, she shall, for the purpose of
any claim to receive maternity benefit in cash under the legislation of the
former Party, be treated as if she were in, or had been confined in, the
territory of the former Party.
(2) For
the purpose of applying this Article “maternity benefit” means, in
relation to the United Kingdom, maternity benefit other than home confinement
grant.
ARTICLE 15
(1) A
national of either Contracting Party, who goes from the territory of one Party
to the territory of the other for the specific purpose of being treated for a
disease which was contracted, or a disablement which occurred, before he left
the former territory, shall, while in the latter territory, remain entitled to
receive sickness benefit in cash from the social security authority of the former
Party provided that the said authority has agreed thereto and for such period
as that authority may allow.
(2) This
Article shall not apply to nationals of either Party who would not be qualified
for sickness benefit apart from the provisions of Article 13 of the
present Convention.
ARTICLE 16
(1) Where
a national of either Contracting Party, who is ordinarily resident in the
territory of one Party and has completed an insurance period under the
legislation of that Party, becomes incapable of work by reason of a disease
contracted or a disablement occurring in the territory of the other at a time
when the legislation of the latter Party applies to him, and returns to the
territory of the former Party, he shall receive sickness benefit for that
disease or disablement in accordance with the provisions of the legislation of
the former Party; and, for this purpose, any insurance period or equivalent
period completed by him under the legislation of the latter Party shall be
treated, subject to the provisions of Article 30, as if it had been
completed under the legislation of the former Party.
(2) The
provisions of the present Article shall not apply unless the disease was
contracted or the disablement occurred within six months after the date on
which the said national entered the territory of the latter Party.
ARTICLE 17
(1) Where
a national of either Contracting Party is entitled to receive a pension under
the legislation of both Parties by virtue of the provisions of Article 22
of the present convention, he shall be entitled, while he is resident in the
territory of France, to receive medical benefit in accordance with the
provisions of the legislation of France, relating to sickness and maternity
benefit, and the cost of such benefit shall be borne by the appropriate social
security authority of France.
(2) Where
a national of either Contracting Party is entitled to receive a pension under
the legislation of the United Kingdom relating to old age or industrial
injuries insurance, or is entitled to receive an invalidity pension under the
legislation of the United Kingdom, he shall be entitled, while he is resident
in the territory of France, to receive medical benefit in accordance with the
provisions of the legislation of France provided that the contributions for
that purpose have been paid in accordance with rules made by the appropriate
authorities of France.
ARTICLE 18
(1) If
a national of either Contracting Party dies in the territory of one Party he
shall, for the purpose of any claim to receive benefit in respect of his death
under the legislation of the other Party, be treated as if he had died in the
territory of the latter Party.
(2) Where
a national of either Party, who is in the territory of one Party, claims
benefit under the legislation of the other Party in respect of a death, he
shall be treated as if he were in the territory of the latter party.
(3) Benefit
shall not be payable under the legislation of both Parties in respect of the
same death, unless the right to receive such benefit under the legislation of
both Parties exists independently of the provisions of the present Convention.
(4) In
cases where the preceding paragraph of this Article prevents a double payment,
the following provisions shall apply –
(a) if the death occurs in the territory of one
Party, the right under the legislation of that Party shall be preserved and the
right under the legislation of the other Party shall be extinguished;
(b) if the death does not occur in the territory
of either Party, the right under the legislation under which the deceased last
completed an insurance period before his death shall be preserved and the right
under the other legislation shall be extinguished.
SECTION 2 –
INVALIDITY PENSIONS
ARTICLE 19
(1) Where
a national of either Contracting Party has completed insurance periods or
equivalent periods under the legislation of both Parties, such periods shall be
added together in accordance with the provisions of Article 30 for the
purpose of determining his right to receive an invalidity pension.
(2) Subject
to the provisions of paragraphs (3) and (4) of this Article, any
invalidity pension shall be paid in accordance with the provisions of the
legislation under which the national was last insured in respect of his
employment before he became incapable of work, and the cost of such pension
shall be borne by the social security authority which is responsible under that
legislation.
(3) Where
a national of either Party who has completed a period of insurance under the
legislation of one Party, becomes incapable of work in the territory of the
other Party, having been insured under the legislation of that Party for less
than one year after the date on which he last entered that territory, any
invalidity pension shall be paid in accordance with the provisions of the
legislation of the former Party, and the cost of such pensions shall be borne
by the social security authority which is responsible under that legislation,
provided that this legislation shall not apply if the invalidity is due to an
accident.
(4) If,
after suspension of an invalidity pension granted under the legislation of one
(or the other) Party, the national again becomes an invalid within a period of
one year, the social security authority which originally granted the pension
shall be responsible for resuming the payment of such pension, in accordance
with the provisions of its own national legislation, provided that the national
has not become entitled to receive any cash benefit under the legislation of
the other Party; where, however, the amount of such benefit is less than the
amount of the invalidity pension, the payment of which would otherwise be
resumed by the authority of the former Party, that authority shall pay to the
national concerned the amount by which the invalidity pension exceeds the said benefit.
(5) If,
after payment of an invalidity pension has ceased, the national again becomes
an invalid, his right to an invalidity pension shall be determined in
accordance with the provisions of paragraphs (1), (2) and (3) of this Article.
ARTICLE 20
Where, under the legislation of one Contracting Party, a national
of either Party would be entitled to receive an invalidity pension if he were
in the territory of that Party, he shall be entitled to receive that pension
while he is in the territory of the other Party.
ARTICLE 21
An invalidity pension shall be converted where appropriate into an
old age pension under the conditions of the legislation by virtue of which it
was granted.
SECTION 3 – BENEFITS
IN RESPECT OF OLD AGE AND WIDOWHOOD
ARTICLE 22
(1) Subject
to the provisions of Article 24, where a national of either Contracting
Party submits a claim to receive an old age pension by virtue of insurance
periods and equivalent periods completed under the legislation of both Parties,
his claim shall be determined in accordance with the provisions of this Article.
(2) The
appropriate social security authority of each Party shall determine, in
accordance with its own national legislation, whether the national satisfies
the conditions for receiving a pension under that legislation and for this
purpose shall take into account all the insurance periods and equivalent
periods completed by him under the legislation of the two Parties as if they
had been completed under its own national legislation.
(3) Where
the right to a pension is established in accordance with the provisions of paragraph (2)
of this Article, the social security authority of each Party shall
calculate –
(a) the pension which would have been due to the
national under its own national legislation if all the insurance periods and
equivalent periods completed by him under the legislation of both Parties,
calculated in accordance with the provisions of Article 30, had been
completed under its own national legislation, and
(b) that part of such pension which bears the
same relation to the whole as the total of the insurance periods and equivalent
periods completed by the national under its own legislation bears to the total
of all the insurance periods and equivalent periods completed by him under the
legislation of both Parties.
The part thus calculated
shall be the pension actually due to the national from the social security
authority concerned.
(4) In
calculating the amount of pension payable under the legislation of France by
virtue of the provisions of this Section of the present Convention, insurance
periods and equivalent periods completed under the legislation of the United
Kingdom shall be treated as insurance periods or equivalent periods completed
under the general social security schemes of France.
(5) Where
the total of all insurance periods and equivalent periods completed by a
national under the legislation of one (or the other) Party is less than six
months, no pensions shall be paid under the legislation of that Party.
(6) For
the purpose of applying this Article, an insurance period or equivalent period
completed by a national shall be deemed to mean an insurance period or
equivalent period completed by the husband of a national in those cases where
the national concerned is a woman claiming an old age pension by virtue of her husband’s
insurance.
ARTICLE 23
Where a national of either Contracting Party does not
simultaneously satisfy the conditions laid down by the legislation of both
Parties, his right to receive a pension under the legislation of that Party
shall be established as and when he satisfies the conditions laid down by the
legislation of that Party, account being taken of the provisions of Article 22.
ARTICLE 24
(1) A
national of either Contracting Party may, at the time when his right to receive
a pension is established, choose not to take advantage of the provisions of Article 22
of the present Convention. In that case any old age pension which he is
entitled to receive under the legislation of each Party shall be paid to him
separately by its social security authority without regard to insurance periods
completed by him under the legislation of the other Party.
(2) Such
national shall be entitled to make a fresh choice between taking advantage of
the provisions of Article 22 and those of this Article, if it is in his
interest to do so, either when the legislation of either Party is amended, or
when he goes from the territory of one Party to that of the other, or when, in
accordance with the provisions of Article 23, his right to a pension is
established or extended under the legislation of either Party.
ARTICLE 25
(1) Subject
to the provisions of paragraph (2) of this Article where, under the
legislation of one Contracting Party, a national of either Party would be
entitled to receive an old age pension if he were in the territory of that
Party, he shall be entitled to receive that pension while he is in the
territory of the other Party.
(2) In
any case where a person left the territory of the United Kingdom before the
30th September, 1946, the rate of pension he is entitled to receive under
the legislation of the United Kingdom by virtue of the foregoing provisions of
this Article shall be determined as follows: –
(a) if the pension was paid before the national
left the territory of the United Kingdom, the rate shall be the rate applicable
in that territory at the time when the pension was last paid;
(b) if the pension was not paid before the
national left the said territory by reason of delay in making, or failure to
make, a claim the rate shall be the rate of pension which the national would
have been entitled to receive immediately before leaving the said territory if
a claim had been made at that time;
(c) if the said pension was not paid before the
national left the said territory because the national (or her husband, as the
case may be) had not then attained pensionable age, the rate shall be the rate
at which the pension would have been paid at that age had the national remained
in the said territory until the national (or her husband, as the case may be)
attained that age and made a claim.
(3) If
at any time the rates of the old age pensions awarded under the legislation of
the United Kingdom before 1st October, 1946, and payable to pensioners
resident outside the United Kingdom are generally increased, similar increases
shall be applied from the same date to such pensioners resident in the
territory of France.
ARTICLE 26
Subject to such modifications as the differing nature of the
pensions shall require, the provisions of this Section of the present
Convention shall apply to benefits in respect of widowhood provided under the
legislation of the United Kingdom and to reversionary provisions for widows
under the legislation of France.
SECTION 4 –
INDUSTRIAL ACCIDENTS AND DISEASES
ARTICLE 27
Where, under the legislation of one Contracting Party relating to
industrial accidents and diseases, a national of either Party would be entitled
to receive a benefit 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.
ARTICLE 28
In assessing, for the purposes of the legislation of one
Contracting Party, the degree of disablement due to an industrial accident, any
previous industrial accident for which benefit is payable under the legislation
of the other Party shall be treated as if it were an industrial accident
covered by the legislation of the former Party.
ARTICLE 29
Where a national of either Contracting Party, having received a
benefit for an industrial disease under the legislation of one Party, submits a
claim under the legislation of the other Party to receive a benefit for an
industrial disease of the same kind, the social security authority of the
latter Party shall be responsible for obtaining evidence as to the benefit
previously paid in respect of the same disease, and shall treat that benefit as
if it had been granted under its own legislation.
SECTION 5 – GENERAL
PROVISIONS
ARTICLE 30
(1) In
applying the provisions contained in Articles 13, 19 and 22 relating
to the adding together of insurance periods and equivalent periods for the
purposes of establishing the right to receive benefit, the social security
authority of each Contracting Party, having regard to the relevant provisions
of its own national legislation, shall add to any insurance periods and
equivalent periods completed under that legislation any insurance periods and
equivalent periods completed under the legislation of the other Party, except
to the extent that the latter coincide with the former.
(2) The
provisions of paragraph (1) of this Article shall be applied in accordance
with the following rules: –
(a) 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, only the
period of compulsory insurance shall be taken into account;
(b) where an insurance period, completed under
the legislation of one Party, coincides with an equivalent period completed
under the legislation of the other Party, only the insurance period shall be
taken into account;
(c) where an equivalent period completed under
the legislation of one Party coincides with an equivalent period completed
under the legislation of the other Party, account shall be taken only of the
equivalent period completed under the legislation of the Party in whose
territory the national concerned was last employed before the beginning of such
period or, if he was not so employed, only of the equivalent period completed
under the legislation of the Party in whose territory he is first employed
after the end of such period.
ARTICLE 31
Where under the legislation of either Contracting Party the amount
of any cash benefit is related to the average wage earned during insurance
periods, the average wage to be taken into account for the calculation of the
benefit due to be paid under that legislation shall be calculated on the basis
of the wages earned during the insurance periods actually completed under that
legislation.
ARTICLE 32
Where, under the provisions of this Part of the present
Convention, any cash benefit is payable by the social security authority of one
Contracting Party to a person who is resident in the territory of the other
Party, the payment may at the request of that authority, be made by the social
security authority of the latter Party as agent for the authority of the former
Party.
ARTICLE 33
Where payment of any benefit is made by the social security
authority of France as agent for the social security authority of the United
Kingdom in accordance with the provisions of Article 32,
(1) payment
shall be made, except in the case of a lump sum, in arrear at intervals of three
months;
(2) the
provisions of the legislation of the United Kingdom relating to the reduction
or suspension of benefit on account of earnings shall be applied by the social
security of France;
(3) any
question arising out of a decision given by the social security authority of
France in accordance with the provisions of paragraph (2) of this Article
shall be determined under the procedure for settling disputes laid down by the
legislation of France.
ARTICLE 34
(1) In
all cases where, under the legislation of one Contracting Party, any cash
benefit would be paid in respect of a dependant if the dependant were in the
territory of that Party, such benefit shall be paid if the dependant is in the
territory of the other Party.
(2) The
provisions of paragraph (1) of this Article shall not apply to the
guardian’s allowances or family allowances payable under the legislation
of either Party.
ARTICLE 35
Subject to the provisions of Articles 24 and 36, any person
claiming a benefit under the legislation of either Contracting Party may choose
to have his claim settled without regard to the provisions of the present
Convention.
ARTICLE 36
(1) Where
a national of either Contracting Party who is entitled to receive a cash
benefit under the legislation of one Party, claims a cash benefit under the
legislation of the other Party, any provision of the legislation of the latter
Party which restricts the right to receive one benefit by reason of the receipt
of another benefit or of earnings shall apply to that national as if the
benefit payable under the legislation of the former Party were a corresponding
benefit payable under the legislation of the latter Party.
(2) The
provisions of paragraph (1) of this Article shall not apply to two
benefits of the same kind paid in accordance with the provisions of Article 18
or Section 3 of this Part of the present Convention.
PART V
MISCELLANEOUS PROVISIONS
ARTICLE 37
The competent authorities –
(1) shall
make such administrative arrangements as may be required for the application of
the present Convention;
(2) shall
communicate to each other information regarding any measure taken by them for
the application of the Convention;
(3) shall
communicate to each other, as soon as possible, information regarding any
changes made under their national legislation which affect the application of
the Convention.
ARTICLE 38
(1) The
competent authorities and the social security authorities of the two
Contracting Parties shall furnish assistance to one another with regard to any
matter relating to the application of the present Convention as if the matter
were one affecting the application of their own national legislation.
(2) The
competent authorities shall, in particular, agree upon the measures to be
adopted for the medical and administrative supervision of persons entitled to
benefit by virtue of the present Convention.
ARTICLE 39
(1) Any
exemption from, or reduction of, legal dues, charges and fees, provided for in
the legislation of one Contracting Party in connection with the issue of any
certificate or document required to be produced for the purposes of that
legislation shall be extended to certificates and documents required to be
produced for the purposes of the legislation of the other Party.
(2) Where
any certificate or other document has to be produced to the competent authority
or social security authority of one (or the other) Party for the purpose of
applying the present Convention, that authority shall not require the
certificate or other document to be authenticated by the diplomatic or consular
authorities.
ARTICLE 40
Any claim, notice or appeal which should, for the purposes of the
legislation of one Contracting Party, have been presented within a prescribed
period to a social security authority of that Party, but which is in fact
presented within the same period to a social security authority of the other
Party, shall be treated as if it had been presented to the social security
authority of the former Party.
In such cases, the social security authority of the latter Party
shall, as soon as possible, transmit the claim, notice or appeal to the
appropriate social security authority of the former Party.
ARTICLE 41
The social security authorities of the Contracting Parties may,
for the purpose of applying the present Convention, correspond directly with
one another, or with any person entitled to receive any benefit by virtue of
the present Convention, or with his representative.
ARTICLE 42
The amount of any benefit due in accordance with the provisions of
the present Convention shall be calculated in the currency of the Contracting
Party whose social security authority is responsible for such benefit.
ARTICLE 43
(1) No
provision of the present Convention shall confer any right to receive any
payment of benefit for a period before the date of the entry into force of the
Convention.
(2) Subject
to the provisions of paragraph (1) of this Article, benefit, other than
lump sum payments, shall be payable in accordance with the provisions of the
Convention in respect of events which happened before the date of its entry
into force, and, for this purpose –
(a) any benefit which has not been awarded
because the person concerned has not made a claim or is absent from the
territory of either Party shall be determined and paid;
(b) any benefit which has been suspended because
the person concerned is absent from the territory of either Party shall be
paid;
(c) any benefit which has been determined shall,
where necessary, be determined afresh provided that its capital value has not
been liquidated.
(3) Any
insurance period or equivalent period which a national of either Party has
completed before the date of the entry into force of the Convention shall be
taken into account for the purpose of determining the right to receive benefit
in accordance with the provisions of the Convention.
ARTICLE 44
The provisions of Article 3 shall not be deemed to
modify any restrictions imposed by the legislation of either Contracting Party
which affect the right of aliens to take part in elections held in connection
with the management of any social security authority.
ARTICLE 45
(1) The
competent authorities of the Contracting Parties shall endeavor to resolve by
negotiation any disagreement relating to the interpretation or application of
the present Convention.
(2) If
any such disagreement has not been resolved by negotiation within a period of three
months, 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 made
in accordance with the principles and spirit of the present Convention and
shall be final and binding.
ARTICLE 46
The Two Contracting Parties shall conclude a supplementary
agreement applying the provisions of the present Convention to Algeria.
ARTICLE 47
In the event of the termination of the present 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.
ARTICLE 48
Upon the entry into force of the present Convention the Agreement
and Protocols of the 11th June, 1948, the Agreements
supplementary thereto of the 25th October, 1949, and the 7th
February, 1952, the Agreements and Protocols of
the 28th January, 1950, regarding the Reciprocal
Application of the Social Security schemes of France and Northern Ireland, and
the Agreement of the 9th May, 1952, supplementary
thereto, shall be terminated and shall be replaced by the Convention and the
Protocols thereto.
(2) Any
right acquired by a person in accordance with the provisions of the Agreements
and Protocols specified in paragraph (1) of this Article shall be
maintained, and any rights in the course of acquisition under those agreements
at the date of the entry into force of the present Convention shall be settled
in accordance with the provisions of the Convention and the Protocols thereto.
ARTICLE 49
The present Convention
shall be ratified and the instruments of ratification shall be exchanged in
London 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 50
The present Convention
shall remain in force for a period of one year from the date of its entry into
force. Thereafter it shall continue in force from year to year unless it is
denounced in writing three months before the expiry of any such yearly period.
In witness whereof the
undersigned, duly authorised by their respective Governments, have signed the
present Convention and affixed thereto their seals.
Done in duplicate at
Paris this 10th day of July, 1956, in the English and French languages,
both texts being equally authoritative.
|
(L.S.) GLADWYN JEBB.
|
(L.S.) R. MASSIGLI.
|