The Social Security (Contributions) (Republic of Korea) Order (Northern Ireland) 2000

Made: 27th July 2000

Coming into operation: 1st August 2000

In exercise of the powers conferred on me by section 155(1)(a) and (2) of the Social Security Administration (Northern Ireland) Act 1992[^f00001] and of all other powers enabling me in that behalf, I hereby make the following Order:

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Social Security (Contributions) (Republic of Korea) Order (Northern Ireland) 2000 and shall come into operation on 1st August 2000.

• (2) In this Order “the Convention” means the Convention on Social Security[^f00002], between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Korea, which was signed on behalf of those Governments at Seoul on 20th April 1999.

Modification of the Social Security Contributions and Benefits (Northern Ireland) Act and the Social Security Administration (Northern Ireland) Act

2

The Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00003] and the Social Security Administration (Northern Ireland) Act 1992 shall be modified to such an extent as may be required to give effect to the provisions contained in the Convention (set out in the Schedule to this Order), so far as the same relate to Northern Ireland.

SCHEDULE — CONVENTION ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE REPUBLIC OF KOREA

The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Korea;

Being resolved to co-operate in the field of social affairs and, in particular, as regards liability for social security contributions;

Wishing to promote the welfare of persons moving between, or working in, their respective territories;

Wishing to ensure that persons from both countries shall enjoy equal rights in respect of matters covered by this Convention under their respective social security legislation;

Have agreed as follows:

Part I — GENERAL PROVISIONS

Article 1 — Definitions

Article 2 — Scope of Legislation

Article 3 — Equal Treatment

Part II — PROVISIONS WHICH DETERMINE THE LEGISLATION APPLICABLE CONCERNING CONTRIBUTION LIABILITY

Article 4 — General Provisions

Article 5 — Detached Workers

Article 6 — Mariners and Aircraft Crew

A person who, but for the provisions of this Convention, would be subject to the legislation of both Parties in respect of 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 legislation of the Party in whose territory he ordinarily resides.

Article 7 — Diplomats, Government Servants and Consular Employees

Article 8 — Modification Provisions

Exceptionally, the competent authorities of the Parties may agree to modify the application of Articles 4 to 7 in respect of particular persons or categories of persons, provided that the persons shall be subject to the legislation of one Party.

Part III — MISCELLANEOUS PROVISIONS

Article 9 — Arrangements for Administration and Co-operation

Article 10 — Resolution of Disputes

Any disagreement regarding the interpretation, or application, of this Convention shall be resolved by consultation between the competent authorities.

Part IV — TRANSITIONAL AND FINAL PROVISIONS

Article 11 — Transitional Provisions

In applying Article 5 in the case of persons who were sent to the territory of a Party prior to the date of entry into force of this Convention, the period of employment referred to in that Article shall be considered to begin on that date.

Article 12 — Entry into Force

This Convention shall enter into force on the first day of the third month following the month in which each Government shall have received from the other Government written notification that it has complied with all statutory and constitutional requirements for the entry into force of this Convention.

Article 13 — Life of the Convention

This Convention shall remain in force and effect until the expiration of one calendar year following the year in which written notice of its termination is given by one of the Parties to the other Party.

IN WITNESS WHEREOF, the undersigned, duly authorised by their respective Governments, have signed this Convention.

Done in duplicate at Seoul this 20th day of April 1999, in the English and Korean languages, both texts being equally authentic.

Signed

Peter Mandelson — One of Her Majesty’s Principal Secretaries of State — Dated this 27th day of July 2000.

Explanatory note

(This note is not part of the Order)

This Order makes provision for the modification of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and the Social Security Administration (Northern Ireland) Act 1992 so as to give effect in Northern Ireland to the Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Korea. The provisions relate to liability for social security insurance contributions arising in respect of employment.

A compliance cost assessment of the effect that this instrument would have on the cost of business is available from the Inland Revenue, International Division, External Relations Group (DCC), 2nd Floor, Victory House, 30-34 Kingsway, London WC2B 6ES.

Footnotes

[^f00001]: 1992 c. 8

[^f00002]: See Cm 4390

[^f00003]: 1992 c. 7

[^f00004]: Treaty Series No. 19 (1965) Cmnd. 2565

[^f00005]: Treaty Series No. 14 (1973) Cmnd. 5219