Family Allowances, National Insurance and Industrial Injuries (Yugoslavia) Order, 1958

JurisdictionUK Non-devolved

1958 No. 1263

NATIONAL INSURANCE

The Family Allowances, National Insurance and Industrial Injuries (Yugoslavia) Order 1958

Made 30th July 1958

At the Court at Buckingham Palace, the 30th day of July, 1958

Present,

The Queen's Most Excellent Majesty in Council

Whereas at London on the twenty-fourth day of May, nineteen hundred and fifty-eight, a Convention between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Federal People's Republic of Yugoslavia on social security (which Convention is set out in the Schedule hereto) was signed on behalf of those Governments:

And Whereas by Article 40 of the said Convention it was provided that the Convention should enter into force on the first day of the second month following the month in which the instruments of ratification had been exchanged:

And Whereas the said Convention has been ratified by the Governments of the United Kingdom of Great Britain and Northern Ireland and of the Federal People's Republic of Yugoslavia and the instruments of ratification were exchanged on the 28th day of July, 1958, and accordingly the said Convention enters into force on the 1st day of September, 1958:

And Whereas by section 64 of the National Insurance Act, 1946, as extended by subsection (1) of section 4 of the Family Allowances and National Insurance Act, 1956, and section 85 of the National Insurance (Industrial Injuries) Act, 1946, it is provided that Her Majesty may, by Order in Council, make provision for modifying or adapting the Family Allowances Act, 1945, and the said Acts of 1946 in their application to cases affected by agreements with other governments providing for reciprocity in matters specified in those sections:

Now, therefore, Her Majesty, in pursuance of the said section 64 of the National Insurance Act, 1946, extended as aforesaid by subsection (1) of section 4 of the Family Allowances and National Insurance Act, 1956, and the said section 85 of the National Insurance (Industrial Injuries) Act, 1946, and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Family Allowances, National Insurance and Industrial Injuries (Yugoslavia) Order, 1958.

(2) The Interpretation Act, 1889, applies to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.

S-2 Modification of Acts

Modification of Acts

2. The provisions contained in the Convention set out in the Schedule to this Order shall have full force and effect, so far as the same relate to England, Wales and Scotland and provide by way of agreement with the Government of the Federal People's Republic of Yugoslavia for reciprocity in any matters specified in either subsection (1) of section 64 of the National Insurance Act, 1946, as extended by subsection (1) of section 4 of the Family Allowances and National Insurance Act, 1956, or subsection (1) of section 85 of the National Insurance (Industrial Injuries) Act, 1946 (which subsections relate to reciprocal agreements with other governments), and the Family Allowances Acts, 1945 to 1956, the National Insurance Acts, 1946 to 1957, and the National Insurance (Industrial Injuries) Acts, 1946 to 1957, shall have effect subject to such modifications as may be required therein for the purpose of giving effect to any such provisions.

W.G. Agnew

SCHEDULE

SCHEDULE

CONVENTION ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE FEDERAL PEOPLES REPUBLIC OF YUGOSLAVIA

London, May 24, 1958

The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Federal People's Republic of Yugoslavia.

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 order, 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 any rights which they have acquired under the legislation of the former Party or to enjoy corresponding rights under the legislation of the latter.

Have agreed as follows:

PART I

DEFINITIONS AND SCOPE

For the purpose of the present Convention, unless the context otherwise requires—

“territory” means

“national” means

“legislation” means

“competent authority” means

“social security authority” means

“child” means

“parent”

“dependant” means

“employed person” means “employment” means

“benefit” means

“medical benefit” means

“sickness benefit” means

“invalidity pension” means , in relation to the United Kingdom, sickness benefit as defined in the legislation of the United Kingdom which becomes payable to an insured person—

for a period of interruption of employment as defined in that legislation after the lapse in that period of three hundred and twelve days for each of which he has been entitled to receive such benefit;

for a period immediately after he has ceased to be entitled to receive sickness benefit under the legislation of Yugoslavia; or

in accordance with the provisions of paragraph (3) or (4) of Article 14;

“old age pension” means

“insurance period” means

“equivalent period” means

“children's allowance” means

The provisions of the present Convention shall apply—

In relation to the United Kingdom, to—

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;

the National Insurance (Industrial Injuries) Act, 1946, the National Insurance (Industrial Injuries) Act (Northern Ireland), 1946, and the National Insurance (Industrial Injuries) (Isle of Man) Act, 1948;

the National Health Service Act, 1946, the National Health Service (Scotland) Act, 1947, the Health Services Act (Northern Ireland), 1948, and the National Health Service (Isle of Man) Act, 1948;

the Family Allowances Act, 1945, the Family Allowances Act (Northern Ireland), 1945, and the Family Allowances (Isle of Man) Act, 1946;

in relation to Yugoslavia, to the legislation of Yugoslavia concerning

the social insurance of employed persons and their families;

children's allowances;

allowances for employed persons who are temporarily unemployed.

Subject to the provisions of paragraphs (3) and (4) of this Article, the Convention shall apply also to any law or regulation which amends, supplements or consolidates the legislation specified in paragraph (1) of this Article.

The Convention shall apply, only if the Contracting Parties so agree, to any law or regulation which amends or supplements the legislation specified in paragraphs (1) and (2) of this Article for the purpose of giving effect to any reciprocal agreement on social security which one (or the other) Party has made with a third party.

The Convention shall apply to any law or regulation of one (or the other) Party which extends insurance to a new class of persons or relates to a new branch of social security, unless either Party objects and gives notice to the other to that effect within three months of the official communication of the said law or regulation in accordance with paragraph (3) of Article 31 of the Convention.

PART II

GENERAL PROVISIONS

Subject to the provisions of the present Convention, a national of one Contracting Party shall be entitled to enjoy the advantages of the legislation of the other Party under the same conditions as if he were a national of the latter Party.

Subject to the provisions of paragraph (2) of this Article and Article 6, where a national of either Contracting Party is employed in the territory of one Party, the legislation of that Party shall, and the legislation of the other Party shall not, apply to his employment.

If a person, not ordinarily resident in the territory of one Party, is employed in that territory by an employer who is resident in the territory of the other Party or has his principal place of business there, then, during the first twelve months of his employment in the former territory—

the legislation of the latter Party shall apply to his employment, as if he were employed in the territory of that Party;

the legislation of the former Party shall not apply to his employment.

When the employment specified in paragraph (2) of this Article lasts longer than twelve months, the provisions of that paragraph shall continue to apply to that employment, if the social security authority of the Party in whose territory he is employed agrees thereto before the end of the period of twelve months specified in that paragraph.

For the purpose of this Article, “vessel or aircraft” means —

in relation to the United Kingdom—

any ship or vessel, registered in the United Kingdom;

any other ship or vessel, defined as British for the purpose of the legislation of the United Kingdom, of which the owner (or managing owner, if there is more than one owner) or manager is resident in, or has his principal place of business in, the territory of the United Kingdom; or

any aircraft, registered in the United Kingdom, of which the owner (or managing owner, if there is more than one owner) is resident in, or has his principal place of business in, the territory of the United Kingdom;

in relation to Yugoslavia, any ship or aircraft registered in Yugoslavia.

Subject to the...

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