S.I. No. 52/1949 - Social Welfare (Great Britain Reciprocal Arrangements) Order, 1949.

S.I. No. 52 of 1949.

SOCIAL WELFARE (GREAT BRITAIN RECIPROCAL ARRANGEMENTS) ORDER, 1949.

WHEREAS by virtue of Section 2 of the Social Welfare (Reciprocal Arrangements) Act, 1948 (No. 10 of 1948), the arrangements in respect of matters relating to National Health Insurance, Unemployment Insurance and compensation or benefit payable in respect of injuries arising out of and in the course of a person's employment and diseases or injuries due to the nature of a person's employment, set out in the Schedule to this Order have, with the consent of the Minister for Finance, been made by the Minister for Social Welfare with the proper authority of Great Britain :

NOW THEREFORE the Minister for Social Welfare in exercise of the powers conferred on him by Section 3 of the said Act, hereby orders as follows :

1. This Order may be cited as the Social Welfare (Great Britain Reciprocal Arrangements) Order, 1949.

2. The provisions contained in the arrangements set out in the said Schedule shall have full force and effect so far as they relate to Ireland—

(a) as respects matters relating to National Health Insurance and Unemployment Insurance as from the 5th day of July, 1948, and

(b) as respects matters relating to Workmen's Compensation as from the 1st day of April, 1949,

and the National Health Insurance Acts, 1911 to 1948, the Unemployment Insurance Acts, 1920 to 1948, and the Workmen's Compensation Acts 1934 and 1948 shall have effect subject to such modifications as may be required for the purpose of giving effect to the provisions contained in the said arrangements.

3. Any contribution payable in respect of any period between the 5th day of July, 1948, and the date of this Order by virtue of the provisions of the arrangements set out in the said Schedule may be paid out of the funds arising from the contributions paid by employers in respect of masters, seamen or apprentices excluded from the provisions of the Unemployment Insurance Acts, 1920 to 1948.

GIVEN under the Official Seal of the Minister for Social Welfare this Ninth day of March, Nineteen Hundred and Forty-nine.

WILLIAM NORTON,

Minister for Social Welfare.

SCHEDULE.

Agreement relating to insurance and workmen's compensation for masters and members of the crews of ships and vessels made this the 28th day of February in the year of Our Lord One Thousand Nine Hundred and Forty-nine between the Minister of National Insurance of the one part and the Minister for Social Welfare of the other part.

1.—(1) In this Agreement, unless the context otherwise requires—

" the Great Britain Acts " means the National Insurance Acts, 1946 ;

1 & 2 Geo. 5. c. 55. 10 & 11 Geo. 5. c. 30. No. 9 of 1934.

" the Irish Acts " means the National Insurance Act, 1911, the Unemployment Insurance Act, 1920, and the Workmen's Compensation Act, 1934 ;

" country " means Great Britain or Ireland, as the case may require ;

" non-domiciled mariner " means, for the purposes of the Great Britain Acts, a person employed on board any ship or vessel who neither is domiciled nor has a place of residence in the United Kingdom, and, for the purposes of the Irish Acts, a person so employed who neither is domiciled nor has a place of residence in Ireland ; and

" radio officer " means a person to whom this Agreement applies who is employed on board any ship or vessel in connection with the radio apparatus thereof.

(2) References in this Agreement to the Acts in force in a particular country shall be construed as references to the Great Britain Acts or the Irish Acts, as the case may require.

(3) References in this Agreement to any enactment shall include a reference to such enactment as amended by any subsequent enactment, regulations or order.

2. The provisions of this Agreement shall apply as respects any person who is employed under a contract of service as master or a member of the crew of any ship or vessel.

3. For the purposes of the Great Britain Acts, a person shall not be treated as a non-domiciled mariner if he is domiciled or has a place of residence in Ireland, and for the purposes of the Irish Acts a person shall not be so treated if he is domiciled or has a place of residence in the United Kingdom.

4. Where any person to whom this Agreement applies is employed on board a ship or vessel whose port of registry is a port in one country and of which the owner (or managing owner if there is more than one owner) resides or has his principal place of business in the other country, then, subject to the provisions of Articles 5 and 6, in respect of that employment the provisions of the Acts in force in the first-mentioned country shall not apply to that person, and he shall be subject (in so far as they are applicable) to the provisions of the Acts in force in the other country.

5. Where, but for this Article, the provisions of the Acts in force in one country would be of application to a radio officer who is paid remuneration in respect of that employment by some person (other than the owner of the ship or vessel) having his principal place of business in the other country, then in respect of that employment the provisions of the Acts in force in the first mentioned country shall not apply to that radio officer, and he shall be subject (in so far as they are applicable) to the provisions of the Acts in force in the other country, so, however, that for the purposes thereof the said person by whom the remuneration is paid shall be treated as his employer.

6. Where a person to whom this Agreement applies (other than a non-domiciled mariner or a radio officer to whom the immediately preceding Article applies) is employed on board a ship or vessel engaged in regular trade between Ireland and the United Kingdom, being a ship or vessel—

(a) whose port of registry is a port in Great Britain, or except where the owner (or managing owner if there is more than one owner) resides or has his principal place of business in Northern Ireland, in Ireland ; or

(b) of which the owner (or managing owner if there is more than one owner) resides or has his principal place of business in either country and whose port of registry is not a port in Northern Ireland ;

then in respect of that employment—

(i) if that person is ordinarily resident in the United Kingdom, the provisions of the Great Britain Acts shall, and those of the Irish Acts shall not, apply, and

(ii) if that person is ordinarily resident in Ireland, the provisions of the Irish Acts shall, and those of the Great Britain Acts shall not, apply.

7.—(1) Where any person to whom this Agreement applied at the relevant time specified in paragraph (2) of this Article—

9 & 10 Geo. 6. c. 67. 9 & 10 Geo. 6. c. 62.

(a) is entitled in Great Britain to unemployment benefit under the National Insurance Act, 1946, or to industrial injury benefit under the National Insurance (Industrial Injuries) Act, 1946, and the wife or husband of that person is in Ireland ; or

(b) is entitled in Ireland to unemployment benefit under the Unemployment Insurance Act, 1920, or to weekly payments by way of compensation under the Workmen's Compensation Act, 1934 , and the wife or husband of that person is in Great Britain ;

such wife or husband shall be treated for the purpose of any right of that person to receive an increase of any such unemployment benefit or industrial injury benefit or an allowance (if any) additional to such weekly payments in respect of a wife or husband as if she or he were in Great Britain or Ireland, as the case may be.

(2) For the purposes of this Article the relevant time means—

(a) in the case of a person entitled to unemployment benefit, immediately before the termination of his last employment before becoming so entitled, and

(b) in the case of a person entitled to industrial injury benefit or weekly payments by way of compensation, immediately before the termination of the employment in respect of which such benefit or compensation is payable.

8.—(1) In determining for the purposes of the Agreement relating to insurance for sickness benefit and maternity benefit made between the said Minister of National Insurance and the said Minister for Social Welfare on the 13th September, 1948, in which country a person is, any period of employment on board a ship or vessel which is employment to which the provisions of the Acts in force in one country apply shall be treated as if it were a period during which that person was in that country.

(2) The limitation imposed by paragraph (3) of Article 2 of the said Agreement on the rate of sickness benefit payable by virtue of that Article shall not apply in the case of any person to whom this Agreement applied immediately before he became entitled to that benefit.

9. The said Minister of National Insurance and the said Minister for Social Welfare shall from time to time determine the procedure appropriate for the purposes of this Agreement, and all matters of an incidental and supplementary nature which in their opinion are relevant for the purpose of giving effect thereto.

10.—(1) This Agreement shall have effect from 5th July, 1948, but shall not apply so as to affect the operation of the Workmen's Compensation Act, 1934 , as respects any accident happening before 1st April, 1949.

(2) The said Minister of National Insurance or the said Minister for Social Welfare may terminate this Agreement on giving not less than six months' previous notice in writing.

GIVEN under the Official Seal of the Minister of National Insurance on the day and year first herein appearing.

JAMES GRIFFITHS,

Minister of National Insurance.

GIVEN under the Official Seal of the Minister for Social Welfare on the day and year first herein appearing.

WILLIAM NORTON,

Minister for Social Welfare.