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Agreement and administrative agreement both signed
at London February 13, 1984; entered into force January 1, 1985, except
Part III of the agreement entered into force January 1, 1988.
Amended by supplementary agreement and supplementary administrative agreement
signed at London June 6, 1996, entered into force September 1, 1997.
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Contents |
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AGREEMENT ON SOCIAL
SECURITY
BETWEEN
THE UNITED STATES OF AMERICA
AND
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
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The Government of the United States of America
and
The Government of the United Kingdom of Great Britain and Northern Ireland,
Being desirous of regulating the relationship between their two countries
in the field of Social Security, have agreed as follows:
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GENERAL PROVISIONS
ARTICLE 1
For the purpose of this Agreement:
- "Territory" means,
as regards the United States, the States, the District of Columbia,
the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam,
American Samoa and the Commonwealth of the Northern Mariana Islands,
and
as regards the United Kingdom, England, Scotland, Wales, Northern Ireland,
and also the Isle of Man, the Island of Jersey, and the Islands of Guernsey,
Alderney, Herm and Jethou; and references to the "United Kingdom"
or to "territory" in relation to the United Kingdom shall
include the Isle of Man, the Island of Jersey, and the Islands of Guernsey,
Alderney, Herm and Jethou where appropriate;
- "Laws" means,
the laws specified in Article 2 of this Agreement, or regulations or
Orders emanating from those laws, which are applicable in the territory
of a Party or in any part thereof;
- "Competent Authority" means,
as regards the United States, the Commissioner of Social Security,
and
as regards the United Kingdom, the Department of Social Security for
Great Britain, the Department of Health and Social Services for Northern
Ireland, the Department of Health and Social Security of the Isle of
Man, the Employment and Social Security Committee of the States of the
Island of Jersey or the Guernsey Social Security Authority as the case
may require;
- "Agency" means,
as regards the United States, the Social Security Administration, and
as regards the United Kingdom, the Departmental and independent authorities
duly appointed to decide the matter in question;
- "Period of coverage" means,
as regards the United States, a period of payment of contributions
or a period of earnings from employment or self- employment, as defined
or recognized as a period of coverage under the laws of the United States,
or any similar period insofar as it is recognized by such laws as equivalent
to a period of coverage, and
as regards the United Kingdom, it means an insurance period;
- "Benefit" means,
any benefit, pension or allowance provided for in the laws of either
Party, including any increase of, or any additional amount payable with
a benefit, pension or allowance;
- As regards the United Kingdom:
- "insurance period" means,
a contribution period or an
equivalent period;
- "contribution period" means,
a period in respect of which contributions appropriate to the benefit
in question are payable, have been paid or treated as paid;
- "equivalent period" means,
a period for which contributions appropriate to the benefit in question
have been credited;
- "survivor's benefit" means,
widow's allowance, widow's payment, widowed mother's allowance and
widow's pension;
- "child's survivor benefit" means,
guardian's allowance and child's special allowance;
- "laws on coverage" means,
the laws and regulations relating
to the imposition of liability for the payment of social security
contributions;
- "qualifying period" for invalidity benefit means,
- a period of incapacity of 364 days under the laws of Great Britain,
Northern Ireland or the Isle of Man, or
- a period of incapacity
of 364 days under the laws of Jersey, or
- a period of incapacity
of 156 days, excluding Sundays, under the laws of Guernsey;
- "first contribution condition" means,
- under the laws of Great Britain, Northern Ireland or the Isle
of Man, that a person has paid at least 52 Class I or Class II contributions
at any time before 6 April 1975, or has paid, in one contribution
year, Class I or Class II contributions producing an earnings factor
of at least 50 times that year's lower earnings limit in a tax year
beginning on or after 6 April 1975, or
- under the laws of Jersey,
that a person has paid contributions prior to the end of the relevant
quarter and the annual contribution factor derived from these contributions
is not less than 0.25, or
- under the laws of Guernsey, that
a person has paid at least 26 reckonable contributions since 4 January
1965 or the date of his entry into the Guernsey scheme;
- "second contribution condition" means,
- under the laws of Great Britain, Northern Ireland or the Isle
of Man, that a person has either paid or been credited with Class
I or Class II contributions producing an earnings factor of at least
50 times the lower earnings limit in each of the last 2 complete
contribution years before the relevant benefit year, or
- under the laws of Jersey, that a person has paid or been credited
with contributions in respect of the relevant quarter and the quarterly
contribution factor derived from those contributions is 1.00, or
- under the laws of Guernsey, that a person has paid
or been credited with at least 26 reckonable contributions in the
relevant contribution year;
- a "qualifying year" means,
- at least 50 weeks of insurance for periods before 6 April 1975,
or that the person has received, or been treated as having received,
earnings of at least 52 times the lower earnings limit in a tax
year after 5 April 1978 under the laws of Great Britain, Northern
Ireland and the Isle of Man, or
- an annual contribution factor of 1.00 under the laws of Jersey, or
- 50 weeks under the laws of Guernsey;
- a "reckonable year" means a tax year between 6 April 1975
and 5 April 1978 during which contributions have been paid on earnings
received (or treated as received) of at least 50 times the lower earnings
limit for that year;
- "prescribed period" means, in relation to Jersey and Guernsey,
the period commencing on the same date under the laws of Jersey or
Guernsey, as the case may be, as the relevant period for the purposes
of old age pension and ending on 31 December next preceding the date
on which entitlement to invalidity benefit first arose;
- "sickness benefit" means,
- short-term incapacity benefit at the lower, higher or long-term
rate payable under the legislation of Great Britain, Northern Ireland
or the Isle of Man, or
- sickness benefit payable under the legislation
of Jersey or Guernsey;
- "invalidity benefit" means,
- long-term incapacity benefit, additional pension, invalidity allowance
and incapacity age addition payable under the legislation of Great
Britain, Northern Ireland or the Isle of Man, or
- invalidity benefit payable under the legislation of Jersey or
Guernsey.
ARTICLE 2
- For the purpose of this Agreement, the applicable laws are:
- As regards the United States, the laws governing the Federal Old-Age,
Survivors and Disability Insurance Program:
- Title II of the Social Security Act and regulations pertaining
thereto, except sections 226, 226A and 228 of that title and
regulations pertaining to those sections, and
- Chapter 2 and Chapter 21 of the Internal Revenue Code
of 1986 and regulations pertaining to those chapters;
- As regards the United Kingdom,
- the Social Security Administration Act 1992, the Social Security
Contributions and Benefits Act 1992, the Social Security (Consequential
Provisions) Act 1992 and the Social Security (Incapacity for Work)
Act 1994;
- the Social Security Administration (Northern Ireland)
Act 1992, the Social Security Contributions and Benefits (Northern
Ireland) Act 1992, the Social Security (Consequential Provisions)
(Northern Ireland) Act 1992 and the Social Security (Incapacity
for Work) (Northern Ireland) Order 1994;
- the Social Security Administration Act 1992, the Social Security
Contributions and Benefits Act 1992, the Social Security (Consequential
Provisions) Act 1992 and the Social Security (Incapacity for Work)
Act 1994 (Acts of Parliament) as those Acts apply to the Isle
of Man by virtue of Orders made, or having effect as if made,
under the Social Security Act 1982 (an Act of Tynwald);
- the Social Security (Jersey) Law, 1974;
- the Social Insurance (Guernsey) Law, 1978;
and the laws which
were repealed or consolidated by those Acts, Laws or Orders or
repealed by legislation consolidated by them.
- The Agreement shall apply also to any law which supersedes,
replaces, amends, supplements or consolidates the laws specified in
paragraph 1 of this Article.
- Unless the Parties agree otherwise, as regards the United Kingdom,
this Agreement:
- shall apply only to benefits described in the laws specified in
paragraph 1(b) of this Article at the date of entry into force of
this Agreement and for which specific provision is made in this Agreement;
and
- shall not apply to any laws which relate to a branch of Social Security
not covered by the laws specified in paragraph 1(b) of this Article
unless the two Parties make an agreement to that effect.
- This Agreement shall not apply to Regulations on Social Security
of the institutions of the European Communities or to any convention
or other international agreement on social security which either Party
has concluded with a third party or to any laws or regulations which
amend the laws specified in paragraph 1 of this Article for the purpose
of giving effect to such a convention or agreement but shall not prevent
either Party from taking into account under its laws the provisions
of any other convention or agreement which that Party has concluded
with a Third Party.
ARTICLE 3
A person who is or has been subject to the laws of one Party and who
resides within the territory of the other Party shall, together with his
dependants, receive equal treatment with nationals of the other Party
in the application of the laws of the other Party regarding the payment
of benefits.
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PROVISIONS ON COVERAGE
ARTICLE 4
- Except as otherwise provided in this Part, a person employed within
the territory of one of the Parties shall, with respect to that employment,
be subject to the laws on coverage of only that Party. Where a person
is subject only to the laws on coverage of the United Kingdom in accordance
with this paragraph, those laws shall apply to him as if he were ordinarily
resident in the territory of the United Kingdom.
- Where a person who is covered under the laws on coverage of one Party
and is normally employed by an employer in the territory of that Party
is sent by that employer to work in the territory of the other Party,
the person shall be subject only to the laws on coverage of the former
Party, as if he were employed in the territory of the former Party,
provided that the period of work in the territory of the latter Party
is not expected to exceed 5 years, or such longer period as may be agreed
upon by the Competent Authorities in a particular case. This paragraph
does not apply to employment as an officer or member of a crew on a
ship or aircraft.
- A person who is covered under the laws on coverage of either Party
with respect to self-employment shall be subject only to the laws on
coverage of the Party in whose territory he ordinarily resides.
- Where a person is employed under the laws on coverage of one Party
and self-employed under the laws on coverage of the other party for
the same activity, he shall be subject only to the laws on coverage
of the Party in whose territory he ordinarily resides.
- A person who
would otherwise be covered under the laws on coverage of both Parties
with respect to employment as an officer or member of a crew on a ship
or aircraft shall, in respect of that employment, be subject only to
the laws on coverage of the United Kingdom if he ordinarily resides
in the territory of the United Kingdom, and only to United States laws
on coverage if he ordinarily resides in the territory of the United
States.
- A person who ordinarily resides in the territory of the United
Kingdom and who is not employed or self-employed shall be subject to
the laws on coverage of only the United Kingdom with respect to Social
Security contributions.
ARTICLE 5
- This Agreement shall not affect the provisions of the Vienna Convention
on Diplomatic Relations of April 18, 1961, or of the Vienna Convention
on Consular Relations of April 24, 1963.
- Notwithstanding Article 4, nationals of one of the Parties who are
employed by the National Government of that Party in the territory of
the other Party and to whom the provisions mentioned in paragraph 1
of this Article do not apply, shall be subject to the laws on coverage
of only the first Party, as if they were employed in the territory of
that Party. For the purposes of the United States, employment by the
National Government shall include employment by an instrumentality of
the United States Government.
ARTICLE 6
The Competent Authorities of the two Parties may grant an exception to
the provisions in this Part, in respect of particular persons or categories
of persons, provided that the affected persons will be subject to the
laws on coverage of one of the Parties.
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BENEFIT PROVISIONS
ARTICLE 7
- Except as otherwise provided in this Agreement, any provision of
United States laws which restricts entitlement to or payment of cash
benefits for persons who are not nationals of the United States solely
because such persons reside outside or are absent from the territory
of the United States shall not be applicable to persons who reside in
the territory of the United Kingdom.
- Subject to the provisions of paragraph 3 of this Article and the
provisions of Article 14, a person who would be entitled to receive
an old age pension, a retirement pension, a survivor's benefit or an
invalidity benefit under the laws of the United Kingdom if he were in
the United Kingdom shall be entitled to receive that pension or benefit
while he ordinarily resides in the territory of the United States, as
if he were in the United Kingdom.
- A person who is entitled to receive an old age pension, a retirement
pension or a survivor's benefit under the laws of the United Kingdom
and who would be entitled to receive an increase in the rate of that
pension or benefit if he were in the United Kingdom shall, after the
date of entry into force of Part III of this Agreement, be entitled
to receive any such increase prescribed after that date by those laws
if he ordinarily resides in the territory of the United States; but
nothing in this paragraph shall confer entitlement to receive any such
increases prescribed before that date by those laws.
- Where under the laws of the United Kingdom, an increase of any of
the benefits for which provision is made in this Agreement would be
payable for a dependant if the dependant were in the United Kingdom,
it shall be payable while the dependant is in the territory of the United
States.
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Chapter A
PROVISIONS APPLICABLE TO THE UNITED STATES
ARTICLE 8
- Where a person has completed at least six quarters
of coverage under United States laws, but does not have sufficient periods
of coverage to satisfy the requirements for entitlement to benefits under
United States laws, the Agency of the United States shall take into account
periods of coverage which are creditable under the laws of the United
Kingdom and which do not coincide with periods of coverage already credited
under United States laws for the purpose of establishing entitlement to
benefits under this Article.
- In determining eligibility for benefits under paragraph 1,
the Agency of the United States shall credit:
- one quarter of coverage for every thirteen contributions or
fraction thereof paid or credited in any contribution year before
April 6, 1975 under the laws specified in Article 2.1(b)(i) and
(ii); and
- one quarter of coverage for every thirteen contributions
calculated in accordance with Article 9.5, or fraction thereof,
paid or credited in any United Kingdom tax year beginning after
April 5, 1975 under the laws specified in Article 2.1(b)(i) and
(ii); and
- one quarter of coverage for each annual contribution factor
of 0.25 or any part thereof which has been derived under
the laws specified in Article 2.1(b)(iii); and
- one quarter of coverage for every thirteen contributions or
fraction thereof paid or credited in any contribution year under
the laws specified in Article 2.1(b)(iv);
provided, however, that periods of coverage credited under
United States laws shall not exceed four quarters of coverage
in any calendar year.
- Where entitlement to a benefit under United States laws is
established according to the provisions of paragraph 1, the
Agency of the United States shall compute a pro rata Primary
Insurance Amount in accordance with United States laws based on
the duration of a worker's periods of coverage completed under
United States laws. Benefits payable under United States laws
shall be based on the pro rata Primary Insurance Amount.
- Entitlement to a benefit from the United States which
results from paragraph 1 shall terminate with the acquisition of
sufficient periods of coverage under United States laws to
establish entitlement to an equal or higher benefit without the
need to invoke the provisions of paragraph 1.
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Chapter B
PROVISIONS APPLICABLE TO THE UNITED KINGDOM
ARTICLE 9
- For the purpose of calculating entitlement to a retirement pension
or a survivor's benefit under the laws specified in Article 2.1(b)(i)
and (ii) of this Agreement, for each quarter of coverage credited to
a person under the laws of the United States before 6 April 1975
the person shall be treated as having paid thirteen contributions under
the laws specified in Article 2.1(b)(i) and (ii).
- For the purpose of calculating entitlement to a basic retirement pension
or a basic survivor's benefit provided under the laws specified in Article
2.1(b)(i) and (ii) of this Agreement, for each quarter of coverage credited
under the laws of the United States after 5 April 1975 a person shall
be treated as having paid thirteen contributions on earnings equivalent
to the lower earnings level under the laws specified in Article 2.1(b)(i)
and (ii).
- For the purpose of calculating the appropriate contribution factor
to establish entitlement to old age pension or survivor's benefit under
the laws specified in Article 2.1(b)(iii) of this Agreement, a person
shall be treated for each quarter of coverage credited under the laws
of the United States as having paid contributions which derive an annual
contribution factor of 0.25.
- For the purpose of calculating entitlement to old age pension or
survivor's benefit under the laws specified in Article 2.1(b)(iv) of
this Agreement, each quarter of coverage credited under the laws of
the United States shall be treated as if it had been a contribution
period of thirteen weeks completed as an employed or self-employed person
under the laws specified in Article 2.1(b)(iv).
- For the purpose of converting into periods of coverage any earnings-factor
achieved in any tax year commencing on or after 6 April 1975 under the
laws specified in Article 2.1(b)(i) and (ii) of this Agreement, the
Competent Authority of the United Kingdom shall divide the earnings-factor
by that tax year's lower earnings limit. The result shall be expressed
as a whole number, any remaining fraction being ignored. The figure
so calculated shall be treated as representing the number of weeks in
the insurance period completed in that tax year under those laws.
ARTICLE 10
- Subject to the provisions of paragraph 2 of this Article, where a
person is entitled to an old age pension or a basic retirement pension,
as the case may be, under the laws of the United Kingdom, otherwise
than by virtue of the provisions of this Agreement, that pension shall
be payable and the provisions of Article 11, except for Article 11.3,
of this Agreement shall not apply under these laws.
- For the purpose of paragraph 1 of this Article, a lower-rate Category
B retirement pension payable to a married woman by virtue of the contributions
of her husband shall be treated as if it were not a retirement pension
and the words "old age pension or a retirement pension" should
be construed as referring only to a contributory pension.
ARTICLE 11
- The provisions of this Article shall apply for the purpose of determining
entitlement to old age pension, or basic retirement pension, as the
case may be, under the laws of the United Kingdom or under the laws
of any one part of the territory of the United Kingdom, under which
there is no entitlement in respect of a person in accordance with the
provisions of Article 10 of this Agreement.
- In accordance with Article 9 of this Agreement, the relevant Agency
of the United Kingdom shall determine:
- the amount of the theoretical pension which would be payable if
all the periods of coverage completed by that person under the laws
of both Parties had been completed under its own laws;
- the proportion of that theoretical pension which bears the same
relation to the whole as the total of the periods of coverage completed
by him under its laws bears to the total of all the periods of coverage
which he has completed under the laws of both Parties.
The proportionate amount thus calculated shall be the pension actually
payable to the person by the Agency of the United Kingdom.
- Where the periods of coverage completed by a person under the laws
of
- either Great Britain, Northern Ireland or the Isle of Man amount
to less than one reckonable year, or, as the case may be, qualifying
year, or relate only to periods before 6 April 1975 and in aggregate
amount to less than 50 weeks, or
- Jersey amount to less than an annual contribution factor of 1.00,
or
- Guernsey amount to less than 50 weeks,
those periods shall be aggregated as if they had all been completed under
the laws of any part of the territory of the United Kingdom under which
a pension is payable or would be payable if the periods were aggregated,
or, where two such pensions are or would be payable, under the laws of
that part which, at the date on which entitlement first arose or arises,
is paying or would pay the greater amount. Where the aggregate of the
periods of coverage is less than one qualifying year or reckonable year,
this Article and Article 9 shall not apply.
- For the purpose of applying the provisions of paragraph 2 of this
Article, the Agency of the United Kingdom shall take account only of
periods of coverage, completed under the laws of either Party, which
would be taken into account for the determination of pensions under
its laws if they were completed under its laws and, in relation to a
woman, shall, where appropriate, take into account in accordance with
those laws periods of coverage completed by her husband.
- Where a period of coverage credited to a person under the laws of
the United States after 5 April 1975 falls within a relevant United
Kingdom tax year which is not a qualifying year, those periods of coverage
may be reallocated to any other tax year commencing on or after 6 April
1975 if this would be to the advantage of that person.
- The provisions of paragraph 2 of this article shall not apply to
any graduated pension payable under the laws of the United Kingdom,
or to any increase of pension payable in respect of deferred retirement,
or to any increase of benefit payable in respect of a dependent child,
but any such pension or increase, or increases, shall be added to the
amount of pension which has been calculated and has become payable in
accordance with paragraph 2.
- Where a period of coverage completed under the laws of the United
Kingdom overlaps with a period of coverage credited under the laws of
the United States, the United Kingdom shall take into account only of
the period of coverage completed under its laws.
ARTICLE 12
The provisions of Articles 10 and 11 of this Agreement shall apply also
in a claim for basic survivor's benefit under the laws of the United Kingdom,
with such modifications as the differing nature of the benefits may require.
ARTICLE 13 Where a person in the
United Kingdom is entitled to a child's survivor benefit in respect of
a child in the United Kingdom, that benefit shall not cease to be payable
solely because that person and, or, the child is in the territory of the
United States.
ARTICLE 14
- The provisions of paragraphs 2 to 5 of this Article shall apply to
claims for invalidity benefit under the laws of Great Britain, Northern
Ireland or the Isle of Man.
- A person who has satisfied the first contribution condition for sickness
benefit as defined in Article 1 using contributions under the laws of
Great Britain, Northern Ireland or the Isle of Man only, who is in the
territory of the United States and is not subject to the laws on coverage
of Great Britain, Northern Ireland or the Isle of Man under Articles
4, 5 or 6 of this Agreement, shall be entitled to receive invalidity
benefit under the laws of Great Britain, Northern Ireland or the Isle
of Man provided that:
- the second contribution condition for sickness benefit under the
laws of the United Kingdom is satisfied using relevant periods of
coverage under the laws of the United Kingdom and, if necessary, the
United States, and
- the person is incapacitated for work and has been so incapacitated
throughout the qualifying period for invalidity benefit, in which
case the person shall be treated as if sickness benefit followed by
invalidity benefit, under the laws of Great Britain, Northern Ireland
or the Isle of Man, had been paid throughout that period of incapacity.
For the purposes of sub-paragraph (a), a person will be considered
to meet the second contribution condition if he is credited with at
least 2 quarters of coverage under the laws of the United States
in each of the last 2 complete contribution years before the relevant
benefit year. The relevant Competent Authority of Great Britain, Northern
Ireland or the Isle of Man will reallocate any quarter of coverage credited
to a person under the laws of the United States within a calendar year
to any other calendar quarter within that year if it is needed to satisfy
the second contribution condition in a relevant contribution year, as
long as it has not been used to satisfy the second contribution condition
in any other relevant contribution year.
The rate of the invalidity benefit payable shall be that which would
be paid under the laws of Great Britain, Northern Ireland or the Isle
of Man without the application of this Agreement unless a disability
benefit under the laws of the United States is in payment, whether or
not under the provisions of this Agreement, in which case the rate of
invalidity benefit payable shall be determined in accordance with the
provisions of paragraph 3 of this Article.
- Taking account of sub-paragraphs (a) and (b) of this paragraph, the
relevant Agency of Great Britain, Northern Ireland or the Isle of Man
shall ascertain the proportion of invalidity benefit provided under
its laws in the same ratio as the total of the periods of coverage completed
under its laws bears to the total periods of coverage completed under
the laws of both Parties.
- The provisions of paragraphs 1, 2 and 5
of Article 9 and the provisions of paragraphs 4, 6 and 7 of Article
11 of this Agreement shall apply to periods of coverage credited under
the laws of the United States as if the references in those Articles
to an old age pension, a retirement pension or a pension were references
to invalidity benefit.
- For the purposes of calculating the proportion
of benefit referred to above, no account shall be taken of any period
of coverage completed after the day on which a person's incapacity commenced.
The amount of benefit calculated in accordance with the above provisions
of this paragraph shall be the amount of invalidity benefit actually
payable to that person.
- Where a person in the territory of Great Britain, Northern Ireland
or the Isle of Man, or a person outside the territory of Great Britain,
Northern Ireland or the Isle of Man who is entitled to an invalidity
benefit under the relevant legislation other than under paragraph 2
of this Article, is in receipt of invalidity benefit under the laws
of Great Britain, Northern Ireland or the Isle of Man and also is in
receipt of a disability benefit under the laws of the United States,
whether or not under the provisions of this Agreement, the rate of invalidity
benefit under the laws of Great Britain, Northern Ireland or the Isle
of Man shall be determined in accordance with the provisions of paragraphs
3 and 5 of this Article.
- Where a person to whom the provisions of paragraph 4 apply:
- would have been entitled to receive invalidity benefit under the
laws of Great Britain, Northern Ireland or the Isle of Man, without
recourse to this Agreement; and
- is entitled to receive both invalidity benefit under paragraph 3
and a disability benefit under the laws of the United States, whether
or not under the provisions of this Agreement, and the sum of these
two benefits is less than the amount of invalidity benefit to which
the person would otherwise have been entitled under (a);
the competent authority of Great Britain, Northern Ireland or the Isle
of Man shall calculate the difference between the amounts of benefit
calculated in accordance with sub- paragraphs (a) and (b), on the date
that entitlement to invalidity benefit payable under paragraph 3 first
arose, and shall pay that amount in addition to the invalidity benefit
payable. The additional sum will remain in payment under the same conditions
as the invalidity benefit and subject to the equivalent increases in
amount, as appropriate.
- Notwithstanding any other provision of this Agreement, invalidity
benefit shall be payable under the laws of Jersey only in accordance
with the provisions of paragraphs 7 to 9 of this Article.
- For the purpose of qualifying for invalidity benefit, a person who
is in the territory of the United States and
- has satisfied the first
contribution condition for invalidity benefit using contributions under
the laws of Jersey only; and
- has satisfied the second contribution
condition for invalidity benefit using relevant periods of coverage
under the laws of either Party; and
- is incapable of work, and has
been so incapable throughout the qualifying period for invalidity benefit;
shall be treated as if he had been entitled to sickness benefit throughout
that period. For the purposes of sub-paragraph (b), a person will be
considered to meet the second contribution condition if he is credited
with at least 2 quarters of coverage under the laws of the United States
in each of the last 2 complete calendar years before the calendar year
in which the claim for benefit was made.
- Where a person has satisfied the conditions set out in paragraph 7,
the Competent Authority of Jersey shall determine the actual rate of
invalidity benefit payable as the amount that bears the same relation
to the standard rate of benefit as the life average contribution factor
during the prescribed period bears to 1.00, except that no benefit shall
be payable where the factor is less than 0.1.
- Where a person who is in Jersey is entitled to invalidity benefit
under the laws of Jersey, that benefit shall be payable.
- Notwithstanding any other provision of this Agreement, invalidity
benefit shall be payable under the laws of Guernsey only in accordance
with the provisions of paragraphs 11 to 13 of this Article.
- For the purpose of qualifying for invalidity benefit, a person who
is in the territory of the United States or Guernsey and
- has satisfied the first contribution condition for
sickness benefit using contributions under the laws of
Guernsey only; and
- has satisfied the second contribution condition for
sickness benefit using relevant periods of coverage under
the laws of either Party; and
- is incapable of work, and has been so incapable
throughout the qualifying period for invalidity benefit;
shall be treated as if he had been entitled to sickness benefit
throughout that period.
For the purpose of sub-paragraph (b), each quarter of coverage
credited under the laws of the United States in the relevant
contribution year shall be treated as if it had been a
contribution period of thirteen weeks completed as an employed
or self-employed person in the relevant contribution year.
- Where a person has satisfied the conditions set out in paragraph 11,
the Competent Authority of Guernsey shall:
- deem the contribution
conditions for the payment of invalidity benefit satisfied provided
that the periods of coverage under the laws of Guernsey total one qualifying
year; and
- calculate the amount of invalidity benefit to be paid,
subject to paragraph 13, as being the proportion, not exceeding 100%,
of the standard rate which the total number of contributions paid or
credited in Guernsey during the prescribed period bears to the product
of the number of years in that period and fifty: save that if the amount
so calculated is less than one-twentieth of the standard rate, no benefit
shall be payable.
- Where a person is in Guernsey and
- is entitled to invalidity benefit
under the laws of Guernsey solely through the application of paragraphs
11 and 12, or has been entitled to such a benefit in relation to the
claim in question solely through the application of those paragraphs;
and
- is in receipt of a disability benefit under the laws of the
United States, whether or not by virtue of this Agreement;
the amount
of the invalidity benefit payable under the laws of Guernsey shall be
reduced by the amount by which the aggregate of both benefits exceeds
the standard rate of invalidity benefit under the laws of Guernsey.
- No person in relation to whom invalidity benefit is payable under
the provisions of this Agreement shall receive a contribution credit
from Jersey or Guernsey unless present in Jersey or Guernsey, as the
case may be.
- Where a person's periods of coverage under the laws of a part of the
United Kingdom total less than one qualifying year, or one reckonable
year, these periods shall be aggregated as if they had all been completed
under the laws of any part of the territory of the United Kingdom under
which a sickness benefit or an invalidity benefit is payable or would
be payable if the periods were aggregated, or, where two such benefits
are or would be payable, under the laws of that part which, at the date
on which entitlement first arose or arises, is paying or would pay the
greater amount. Where the aggregate of the periods of coverage is less
than one qualifying year, or one reckonable year, this Article shall
not apply.
- Notwithstanding any other provision of this Article, a person in the
territory of the United States who is subject to the laws on coverage
of the United Kingdom by virtue of any of the Articles 4 to 6 of this
Agreement and who satisfies the contribution conditions applicable to
sickness benefit under those laws shall, for the purpose of determining
his entitlement to invalidity benefit under those laws:
- be treated as if he were in the territory of the United Kingdom;
and
- each day of incapacity for work while in the territory of the United
States may, where appropriate, be treated as if it were a day for
which he had received sickness benefit under the laws of the United
Kingdom.
- Any restriction which would otherwise be applicable under the laws
of the United Kingdom in the rate of benefit payable to persons who
are not ordinarily resident in the territory of the United Kingdom shall
not apply to persons in the territory of the United States who are in
receipt of invalidity benefit under the laws of the United Kingdom by
virtue of the provisions of this Agreement.
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MISCELLANEOUS PROVISIONS
ARTICLE 15
The Competent Authorities of the two Parties shall:
- Make such administrative arrangements as may be necessary for the
application of this Agreement;
- Designate liaison agencies for the implementation of this Agreement;
- Communicate to each other information concerning the measures taken
by them for the application of this Agreement; and
- Communicate to each other, as soon as possible, all information
concerning changes in their respective laws insofar as these changes
affect the application of this Agreement.
ARTICLE 16
The Competent Authorities and Agencies of the Parties, within the scope
of their respective authorities, shall assist each other in implementing
this Agreement. This assistance shall be free of charge subject to any
exceptions to be agreed upon in an administrative agreement.
ARTICLE 17
- Where the laws of one Party provide that any certificate or other
document which is submitted under the laws of that Party shall be exempt,
wholly or partly, from taxes, fees or charges, including consular and
administrative fees, the exemption shall also apply to any certificate
or document which is submitted under the laws of the other Party or
under the provisions of this Agreement.
- Copies of documents which are certified as true and exact copies
by the Agency of one Party shall be accepted as true and exact copies
by the Agency of the other Party, without further certification. The
Agency of each Party shall be the final judge of the probative value
of the evidence submitted to it from whatever source.
ARTICLE 18
- A written application for benefits filed with an Agency of one Party
shall protect the rights of the claimants under the laws of the other
Party if the applicant (a) requests that it be considered an application
under the laws of the other Party, or (b) in the absence of a request
that it not be so considered, provides information at the time of application
indicating that the person on whose record benefits are claimed has
completed periods of coverage under the laws of the other Party.
- An applicant may request that an application filed with an Agency
of one Party be effective on a different date under the laws of the
other Party within the limitations of and in conformity with the laws
of the other Party.
- For the purposes of United States laws, the provisions of Part III
of this Agreement shall apply only to an application for benefits which
is filed on or after the date on which Part III enters into force.
ARTICLE 19
- A written appeal to, or against, a determination made by the Agency
of one Party may be validly filed with an Agency of the other Party.
The appeal shall be dealt with according to the appeal procedure of
the laws of the Party which has jurisdiction.
- Any claim, notice or written appeal which, under the laws of one Party,
must have been filed within a prescribed period with the Agency of that
Party, but which is instead filed within the same period with the Agency
of the other Party, shall be considered to have been filed on time.
ARTICLE 20
In any case to which the provisions of Article 18 or Article
19 apply, the Agency to which the claim, notice or written appeal
has been submitted shall transmit it without delay to the Agency
of the other Party.
ARTICLE 21
- Disagreements between the two Parties regarding the
interpretation or application of this Agreement shall, as far as
possible, be resolved through agreement of the Competent
Authorities.
- If a disagreement cannot be resolved through negotiation,
the Competent Authorities will endeavour to settle the issue
through arbitration, mediation, or other mutually agreed procedure.
ARTICLE 22
This Agreement may be amended in the future by supplementary
agreements which, from their entry into force, shall be
considered an integral part of this Agreement.
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TRANSITIONAL AND FINAL PROVISIONS
ARTICLE 23
Upon the entry into force of Part III of this Agreement, the
Notes exchanged between the Secretary of State for Foreign and
Commonwealth Affairs of the United Kingdom and the Ambassador of
the United States of America on 23 and 25 September 1969 shall
cease to have effect and shall be replaced by this Agreement;
provided, however, that any right to benefit outside the
territory of the United Kingdom acquired by a person in
accordance with the provisions of the Notes exchanged shall be
maintained; and provided that no person shall suffer any loss of
rights outside the territory of the United Kingdom which he had
under the Notes exchanged or any such rights he would have had if
those Notes exchanged had not been replaced by this Agreement.
ARTICLE 24
- In the application of Part III of this Agreement, consideration shall
be given to periods of coverage and other events which occurred prior
to the entry into force of Part III, insofar as they are relevant to rights
under the laws specified in Article 2.1. However, neither Party shall
take into account periods of coverage occurring prior to the earliest
date for which periods of coverage may be taken into account under its
laws.
- No provision of this Agreement shall confer any right:
- to receive a benefit for any period before the date of entry
into force of Part III of the Agreement, or
- to receive a lump-sum death benefit under the laws of the
United States if the person died before the date of entry into
force of Part III of the Agreement.
- Determinations made before the entry into force of Part III of this Agreement
concerning entitlement to benefits shall not affect rights arising under
Part III.
- The period of work referred to in Article 4.2 shall be measured beginning
on the date on which Part II of this Agreement enters into force.
- Notwithstanding the provisions of Article 27 concerning the effective
date of Part III of this Agreement, Article 7.1 shall enter into force
on the date on which Parts I, II, IV and V of this Agreement enter into
force.
ARTICLE 25
The application of this Agreement shall not result in any
reduction in the amount of a benefit to which entitlement was
established prior to its entry into force.
ARTICLE 26
- This Agreement shall remain in force and effect until the expiration
of one calendar year following the year in which written notice of its
denunciation is given by one Party to the other Party.
- If this Agreement
is terminated by denunciation, rights regarding entitlement to or payment
of benefits acquired under it shall be retained; the Parties shall make
arrangements dealing with rights in the process of being acquired.
ARTICLE 27
- This Agreement, except for Part III, shall enter into force
on the first day of the second month following the month in which
each Government has received from the other Government written
notification that all statutory and constitutional requirements
have been complied with for the entry into force of this
Agreement.
- Part III of this Agreement shall enter into force on the
first day of the thirty-sixth month following the month in which
Parts I, II, IV and V of this Agreement enter into force.
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IN WITNESS WHEREOF, the undersigned, duly authorized
thereto by their respective Governments, have signed this Agreement.
Done in duplicate at London this 13th day of February 1984.
For the Government of the
United States of America
Charles H. Price, II
For the Government of the United Kingdom of Great Britain and Northern
Ireland:
[Baroness] Young
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ADMINISTRATIVE
AGREEMENT
FOR THE IMPLEMENTATION OF
THE AGREEMENT ON SOCIAL SECURITY
BETWEEN
THE UNITED STATES OF AMERICA
AND
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
OF 13 FEBRUARY 1984
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The Government of the United States of America and the Government
of the United Kingdom of Great Britain and Northern Ireland,
In accordance with the provision of Article 15 of the Agreement on Social
Security between the Government of the United States of America and the
Government of the United Kingdom of Great Britain and Northern Ireland
of 13 February 1984, hereinafter referred to as the "Agreement",
have agreed as follows:
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Chapter A
General Provisions
Article 1
Terms used in this Administrative Agreement shall have the same meaning
as in the Agreement.
Article 2
- The liaison agencies referred to in Article 15 of the Agreement shall
be:
- for the United States,
the Social Security Administration,
- for the United Kingdom,
- in Great Britain,
For all contingencies except Articles 4 to 6 of the Agreement
and the provision of United Kingdom insurance records for Disability
Benefit,
Department of Social Security Pensions and Overseas Benefits
Directorate Tyneview Park Whitley Road, Benton Newcastle upon
Tyne England NE98 1BA For Articles 4 to 6 of the Agreement and
to provide United Kingdom insurance records for Disability Benefit,
Contributions Agency
International Services
Longbenton
Newcastle upon Tyne
England
NE98 1YX
- in Northern Ireland,
Social Security Agency
Overseas Branch
Commonwealth House
Castle Street
Belfast
Northern Ireland
BT1 1DX
- in the Isle of Man,
Department of Health and Social Security
Markwell House Market Street
Douglas Isle of Man IM1 2RZ
- in Jersey,
Employment and Social Security Department
Philip Le Feuvre House
La
Motte Street St Helier
Jersey Channel Islands JE4 8PE
- in Guernsey,
Guernsey Social Security Authority Edward T Wheadon House
Le Truchot St
Peter Port Guernsey Channel Islands GY1 3WH.
- The liaison agencies designated in paragraph 1 shall agree upon joint
procedures and forms necessary for the implementation of the Agreement
and this Administrative Agreement.
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Chapter B
Provisions on Coverage
Article 3
- Where the laws of a Party are applicable in accordance with Articles
4, 5 or 6 of the Agreement, the Agency of that Party, upon request of
the employer, employee or self-employed person, shall issue a certificate
stating that the concerned employee or self-employed person is covered
by those laws. The certificate shall be proof that the employee or self-employed
person is exempt from the laws on compulsory coverage of the other Party.
The liaison agencies of the Parties shall co-operate and assist one
another as appropriate in ensuring that persons are covered under the
laws of one or the other Party.
- The certificate referred to in paragraph 1 shall be issued by the
appropriate liaison agency of either Party.
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Chapter C
Provisions on Benefits
Article 4
- The liaison agency of the Party with which an application for benefits
is first filed in accordance with Article 18 of the Agreement shall
inform the liaison agency of the other Party of this fact without delay,
using forms established for this purpose. It shall also transmit documents
and such other available information as may be necessary for the Agency
of the other Party to establish the right of the applicant to benefits
according to the provisions of Part III of the Agreement. In the case
of an application for disability benefits it shall, in particular, transmit
all relevant medical evidence in its possession concerning the disability
of the applicant.
- The liaison agency of a Party which receives an application filed
with an Agency of the other Party shall without delay provide the liaison
agency of the other Party with such evidence and other available information
as may be required to complete action on the claim.
- The Agency of the Party with which an application for benefits has
been filed shall verify the accuracy of the information pertaining to
the applicant and his family members. The types of information to be
verified shall be agreed upon by the liaison agencies.
Article 5
In the application of Article 8 of the Agreement, the liaison agency
of the United Kingdom shall notify the United States liaison agency of
the weeks or years in which a person is credited with periods of coverage
under the laws of the United Kingdom, along with such other information
as may be necessary to determine the amount of the person's benefit.
Article 6
In the application of Article 9 of the Agreement, the United States liaison
agency shall notify the appropriate liaison agency of the United Kingdom
of the periods of coverage completed under United States laws, along with
such other information as may be necessary to determine the amount of
the person's benefit.
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Chapter D
Miscellaneous Provisions
Article 7
In accordance with the measures to be agreed upon pursuant to Article
2 of this Administrative Agreement, the Agency of one Party shall, upon
request of the Agency of the other Party, furnish available information
relating to the claim of any specified individual for the purpose of administering
the Agreement.
Article 8
The liaison agencies of the two Parties shall assist each other as far
as possible in the compilation and exchange of statistics on the administration
of the Agreement.
Article 9
- Where the Agency of a Party requires that a claimant or beneficiary
submit to a medical examination, such examination, if requested by that
Agency, shall be arranged by the Agency of the other Party in whose
territory the claimant or beneficiary is present, in accordance with
the rules of the Agency making the arrangements and at the expense of
the Agency which requests the examination. However, the Agencies of
the two Parties may agree on a different allocation of expenses for
medical examinations arranged under this paragraph.
- Upon request, the agency of either Party shall furnish without expense
to the Agency of the other Party any medical information and documentation
in its possession relevant to the disability of the claimant or beneficiary.
- Amounts owed under Article 16 of the Agreement and paragraph 1 of
this Article shall be reimbursed upon presentation of a statement of
expenses.
Article 10
Unless authorized by the national statutes of the United States or the
national legislation of the United Kingdom, as the case may be, information
about an individual which is transmitted in accordance with the Agreement
to one Party by the other Party shall be used exclusively for purposes
of implementing the Agreement. Such information received by a Party shall
be governed, as the case may be, by the national statutes of the United
States, or the national legislation of the United Kingdom, for the protection
of privacy and confidentiality of personal data.
Article 11
This Administrative Agreement shall enter into force on the date of entry
into force of the Agreement and shall have the same period of validity.
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Done in duplicate at London this 13th day of
February 1984.
For the Government of the United States of America:
CHARLES H. PRICE, II
For the Government of the United Kingdom of Great Britain and Northern
Ireland:
[BARONESS] YOUNG |
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