The National Insurance (Germany) Order 1961

Type Statutory-Instrument
Publication 1961-08-02
Last updated 1996-10-07
State In force
Department Statute Law Database
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Made: 2nd August 1961

At the Court at Buckingham Palace, the 2nd day of August 1961

Present,

The Queen's Most Excellent Majesty in Council

Whereas at Bonn on the twentieth day of April, nineteen hundred and sixty, a Convention between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Federal Republic of Germany on unemployment insurance (which Convention is set out in the First Schedule to this Order and is hereinafter referred to as “the Convention”) and a Protocol supplementing the Convention (which Protocol is set out in the Second Schedule to this Order and is hereinafter referred to as “the Protocol”) were signed on behalf of those Governments:

And Whereas by Article 24 of the Convention it is provided that 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:

And Whereas by Article 7 of the Protocol it is provided that the Protocol shall enter into force on the day when the Convention enters into force:

And Whereas the Convention has been ratified by the said Governments and the instruments of ratification were exchanged on the 31st day of July, 1961, and accordingly the Convention and the Protocol enter into force on the 1st day of September, 1961;

And Whereas by section 64 of the National Insurance Act, 1946 , it is provided that Her Majesty may, by Order in Council, make provision for modifying or adapting that Act in its application to cases affected by agreements with other governments providing for reciprocity in the matters specified in that section:

Now, therefore, Her Majesty, in pursuance of the said section 64 of the National Insurance 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:—

Citation and interpretation

1

Modification of Acts

2

The provisions contained in the Convention and in the Protocol 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 Republic of Germany for reciprocity in any matters specified in subsection (1) of section 64 of the National Insurance Act, 1946; and the National Insurance Acts, 1946 to 1960, shall have effect subject to such modifications as may be required therein for the purpose of giving effect to any such provisions.

FIRST SCHEDULE — Convention on Unemployment Insurance between the United Kingdom of Great Britain and Northern Ireland and the Federal Republic of Germany

The United Kingdom of Great Britain and Northern Ireland and the Federal Republic of Germany

Being resolved to cooperate in the social field,

Affirming the principle that the nationals of one Contracting Party should receive under the legislation of the other concerning unemployment insurance equal treatment with the nationals of the latter,

Desirous of giving effect to this principle and of making arrangements enabling persons who go from the territory of the one Party to the territory of the other to keep the rights which they have acquired under the legislation of the former Party or to acquire corresponding rights under the legislation of he 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 and Scope

Article 1

For the purpose of the present Convention—

Article 2

PART II. — GENERAL PROVISIONS

Article 3

Subject to the provisions of Article 22 of the present Convention, a national of one Contracting Party shall be entitled to receive the benefits, and shall be subject to the obligations, of the legislation of the other Party under the same conditions as a national of the latter Party.

Article 4

Article 5

Article 6

Article 7

The competent authorities of the two Contracting Parties may agree that Articles 4, 5 and 6 of the present Convention shall not apply in whole or in part to particular employed persons, or to groups of such persons, if this is in the interest of those persons.

PART III — Provisions Concerning Benefit

Article 8

Article 9

Article 10

Where a person claims unemployment benefit under the legislation of one Contracting Party by virtue of any of the provisions of Articles 8 and 9 of the present Convention—

Article 11

If a person claims unemployment benefit under German legislation by virtue of employment in the United Kingdom in accordance with any of the provisions of Articles 8 and 9 of the present Convention, the benefit due to him in relation to the period of that employment shall be determined by reference to the average earnings, calculated in accordance with agreed wage rates, or, if there are no agreed wage rates, the usual local earnings, for the usual average hours of work in similar employment at the place in the territory of the Federal Republic where he is resident.

Article 12.

Where, under the legislation of one Contracting Party, any increase of benefit would be payable for a dependant if he were in the territory of that Party, it shall be paid while he is in the territory of the other Party.

Part IV — Transitional, Administrative and Final Provisions

Article 13

The competent authorities shall inform each other as soon as possible of—

Article 14

Article 15

Where a beneficiary has received assistance from an assistance authority of one Contracting Party for a period for which be has qualified for unemployment benefit under the legislation of the other Party, the insurance authority of the latter Party, shall, under its own national legislation, withhold the amount paid in the form of assistance at the request of the assistance authority concerned. This provision, subject to such modifications as may be appropriate, shall apply also to any of the beneficiary's dependants who have received assistance.

Article 16

Article 17

Article 18

For the purpose of applying the present Convention to particular cases, the insurance authorities may communicate directly with one another or with the person concerned, or with any representative of his, and, for this purpose, any letter may be written in the English or German language.

Article 19

Any document, presented for the purpose of the present Convention to the insurance authority of one Contracting Party or to any other authority of that Party concerned with social security, may be written in the official language of the other Party.

Article 20

Article 21

Article 22

The provisions of the present Convention shall not be deemed to modify those provisions of German legislation which restrict the right to be appointed to offices of the Federal Institute for Laibour Placing and Unemployment Insurance to persons who are entitled to be elected to the German Federal Parliament.

Article 23

In the event of the termination of the present Convention, a person who is receiving unemployment benefit by virtue of its provisions at the date of termination may continue to receive that benefit in accordance with those provisions.

Article 24

Article 25

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 Plenipotentiaries have signed the present Convention.

Done in duplicate at Bonn this twentieth day of April, 1960, in the English and German languages, both texts being equally authoritative.

SECOND SCHEDULE — Final Protocol to the Convention on Unemployment Insurance between the United Kingdom of Great Britain and Northern Ireland and the Federal Republic of Germany

At the time of signing the Convention on Unemployment Insurance concluded this day between the United Kingdom of Great Britain and Northern Ireland and the Federal Republic of Germany, the undersigned have agreed as follows: —

Article 1

Article 2

The provisions of the said Convention shall apply also, in relation to the United Kingdom, to the National Assistance Act, 1948, and the National Assistance Act (Northern Ireland), 1948, and, in relation to the Federal Republic, to German legislation concerning unemployment assistance, subject to such modifications as the different nature of the benefits provided under the said legislation may require.

Article 3

Where a national of one Contracting Party, who has been employed in the territory of the other Party with the permission of the relevant authorities, claims benefit under the legislation of the latter Party in accordance with Article 2 of the said Convention and Article 2 of this Protocol, payment of such benefit shall not be refused on the sole ground that his freedom to re-enter employment in that territory is conditional on his being granted permission by the said authorities.

Article 4

Any period during which a person has received assistance in accordance with the provisions of Article 2 of this Protocol shall not be regarded as a period during which he has been in receipt of assistance from public monies for the purpose of the application of Article 14 of the European Convention on Social and Medical Assistance signed in Paris on the 11th December, 1953 .

Article 5

The two Contracting Parties undertake to apply their regulations concerning the employment of aliens in accordance with the spirit of the said Convention on Unemployment Insurance.

Article 6

For the purpose of applying the said Convention, refugees within the meaning of Article 1 of the Convention relating to the Status of Refugees of the 28th July, 1951 who are lawfully resident in the territory of one (or the other) Contracting Party, shall be treated as if they were nationals of that Party.

Article 7

The present Protocol shall enter into force on the day on which the said Convention enters into force and shall remain in force for the same period as the Convention, of which it shall form an integral part,

In witness whereof the undersigned Plenipotentiaries have signed the present Protocol.

Done in duplicate at Bonn this twentieth day of April, 1960, in the English and German languages, both texts being equally authoritative.

For the United Kingdom of Great Britain and Northern Ireland:

Christopher Steel

John Boyd-Carpenter

For the Federal Republic of Germany:

V. Brentano

Blank

Signed

W. G. Agnew.

Editorial notes

[^c22717021]: 9 & 10 Geo. 6. c. 67.

[^c22717031]: 52 & 53 Viet. c. 63.

[^c22717041]: 1946, c. 23 (N.I.).

[^c22717051]: Revised Statutes of I. of Man, Vol. XVII, p. 197.

[^c22717061]: “Miscellaneous No. 12 (1959)”, Cmnd. 852.

[^c22717071]: “Treaty Series No. 42 (1955)” Cmd. 9512.

[^c22717081]: “Treaty Series No. 39 (1954)”, Cmd. 9171.

[^key-c6b14fc12f15706083f0c5934ad5861f]: Instrument modified (18.2.1976) by The Social Security (Reciprocal Agreements) Order 1976 (S.I. 1976/225), arts. 2, 3, Sch. 1, Sch. 2

[^M_M_5904360e-831c-4ac9-fad7-1aea6036989d]: Bilateral and multilateral reciprocal social security agreements between the United Kingdom and other Member States of the European Communities have generally been superseded, for nationals of those States, by the provisions of Council Regulations (EEC) Nos. 1408/71 and 574/72 to the extent provided by Article 6 of Regulation (EEC) No. 1408/71 subject to the exceptions prescribed by that Article and set out in Articles 7, 8 and 46(4) of that Regulation. The following Instrument, while generally superseded for the above reason, may still be of interest in its effect on persons or matters excepted from, or otherwise not covered by, that Regulation.

Explanatory note

(This note is not part of the Order, but is intended to indicate its general purport.)

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