The Social Security (Jersey and Guernsey) Order 1994

• (2) Where, but for this paragraph, a person would be entitled to receive attendance benefit under the legislation of more than one Party for the same period he shall be entitled to receive payment only under the legislation of the Party in which he is currently ordinarily resident.

• (1) In this Article “Party” means Jersey or Guernsey, as the case may be.

• (2) For the purpose of any claim to death grant under the legislation of either Party any insurance period completed under the legislation of one Party shall be treated in accordance with Article 12 as if it were an insurance period completed under the legislation of the other Party.

• (3) Where a person dies in the territory of either Party his death shall be treated, for the purpose of any claim for a death grant under the legislation of one Party, as if it had occurred in the territory of that Party.

• (4) Where there would be entitlement to death grant under the legislation of both Parties, whether by virtue of this Agreement or otherwise:

• (a) the grant shall be payable only under the legislation of the Party in whose territory the death occurs; or

• (b) if the death does not occur in the territory of either Party, the grant shall be payable only under the legislation of the Party under whose legislation the person on whose insurance the right to the grant is determined was last insured before the death.

Article 31 — Recovery of Advance Payments and Overpayments of Benefit

Where a competent authority of one Party has made a payment of any benefit to a person for any period, or event, in advance of the period, or event, to which it relates or has paid him any benefit for a period, or event, whether by virtue of this Agreement or otherwise, and the competent authority of any other Party afterwards decides that the person is entitled to benefit for that period, or event, under its legislation, the competent authority of that Party, at the request of the competent authority of the former Party, shall deduct from the benefit due for that period, or event, under its legislation any overpayment which, by virtue of this Agreement, results from the advance payment of benefit, or from the benefit paid, by the competent authority of the former Party and shall, where appropriate, transmit this sum to the competent authority of the former Party.

Article 32 — Arrangements for Administration and Co-operation

• (1) The competent authorities of the Parties shall establish the administrative measures necessary for the application of this Agreement.

• (2) The competent authorities of the Parties shall communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Agreement or about changes in their national legislation in so far as these changes affect the application of this Agreement.

• (3) The competent authorities of the Parties shall establish liaison offices for the purpose of facilitating the implementation of this Agreement.

• (4) The competent authorities of the Parties shall assist one another on any matter relating to the application of this Agreement as if the matter were one affecting the application of their own legislation. This assistance shall be free of charge.

• (5) Where any benefit is payable under the legislation of one Party to a person in the territory of any other Party, arrangements for the payment may be made by the competent authority of the latter Party, at the request of the competent authority of the former Party, and the former Party shall reimburse the latter Party.

• (6) Where a person who is in the territory of one Party has claimed, or is receiving, benefit under the legislation of any other Party and a medical examination is necessary, the competent authority of the former Party, at the request of the competent authority of the latter Party, shall arrange for this examination. The cost of such examination shall be met by the competent authority of the former Party.

• (7) A medical board appointed by the competent authority of any other Party, at the request of the competent authority of Guernsey, shall be treated as a medical board for determination of disablement questions under the legislation of Guernsey.

• (8) Where the legislation of one Party provides that any certificate or other document which is submitted under the legislation of that Party shall be exempt, wholly or partly, from any taxes, legal dues or administrative charges, that exemption shall apply to any certificate or other document which is submitted under the legislation of any other Party or in accordance with this Agreement.

• (9) No certificate, document or statement of any kind written in an official language of any Party shall be rejected on the ground that it is written in a foreign language.

• (10) Unless disclosure is required under the legislation of a Party, any information about an individual which is sent in accordance with, and for the purposes of, this Agreement to that Party by any other Party is confidential and shall be used only for the purpose of implementing this Agreement and the legislation to which this Agreement applies.

Article 33 — Submission of Claim or Appeal

• (1) Any claim or appeal which should, for the purposes of the legislation of one Party, have been submitted within a prescribed period to the competent authority of that Party, shall be treated as if it had been submitted to that competent authority if it is submitted within the same period to the competent authority of any other Party.

• (2) Any claim to benefit submitted under the legislation of one Party shall also be deemed to be a claim for the corresponding benefit under the legislation of any other Party in so far as this corresponding benefit is payable in accordance with this Agreement.

Article 34 — Method of Payment

Where a person in the territory of one Party, is receiving benefit under the legislation of any other Party, it shall be payable by whatever method the competent authority of that Party deems appropriate, except that in the case of a person who on 27 July 1992 was residing in Jersey or Guernsey and was being paid a retirement pension or widow’s benefit by serial order under the legislation of the United Kingdom, that person shall be entitled to continue to receive that benefit by serial order.

Article 35 — Resolution of Disputes

• (1) The competent authorities of the Parties to this Agreement shall make all reasonable efforts to resolve through agreement between them any dispute about its interpretation or application.

• (2) If any dispute cannot be resolved as in paragraph (1) it shall be submitted, by the competent authority of any Party, to an arbitration tribunal. Each Party shall appoint an arbitrator within one month from receipt of the demand for arbitration. The three arbitrators shall appoint two more arbitrators within two months from the date on which the Party which was the last to appoint its arbitrator has notified the other Parties of the appointment.

• (3) The decision of the arbitration tribunal, which shall be binding on all Parties, shall be by majority vote. The arbitration tribunal shall determine its own rules of procedure, and its costs shall be borne equally by all Parties.

Article 36 — Prior Acquisition of Rights—Former Agreement Replaced by this Agreement

• (1) Upon the entry into force of this Agreement the former Agreements shall terminate and shall be replaced by this Agreement.

• (2) Any right to benefit acquired by a person in accordance with the former Agreements shall be maintained. For the purposes of this paragraph “any right to benefit acquired” includes any right which a person would have had but for his failure to claim timeously where a late claim is allowed.

• (3) Any rights in course of acquisition under the former Agreements at the date of entry into force of this Agreement shall be settled in accordance with the Agreement in force at the date of entitlement.

• (4) Where, from the date of entry into force of this Agreement, any claim to benefit has not been determined and entitlement arises before that date, the claim shall be determined in accordance with the former Agreements and shall be determined afresh in accordance with this Agreement from its date of entry into force. The rate determined under this Agreement shall be awarded from the date of its entry into force if this is more favourable than the rate determined under the former Agreements.

• (5) Benefit, other than lump sum payments, shall be payable in accordance with this Agreement in respect of events which happened before the date of its entry into force, except that an accident which occurred or a disease which developed before that date shall not, solely by virtue of this Agreement, be treated as an industrial accident or an industrial disease if it would not have been so treated under any legislation or Agreement having effect at the time of its occurrence or development. For the purpose of determining claims in accordance with this Agreement, account shall be taken, where appropriate, of insurance periods and periods of residence, employment or presence, completed before the date of its entry into force.

• (6) Paragraph (5) shall not confer any right to receive payment of benefit for any period before the date of entry into force of this Agreement.

• (7) For the purpose of applying the first sentence of paragraph (5):

• (a) any right to benefit acquired by a person in accordance with the former Agreements may, at the request of the person concerned, be determined afresh in accordance with the provisions of this Agreement with effect from the date of entry into force of this Agreement provided that the request has been made within two years of the date it enters into force and, if applicable, benefit awarded at the higher rate from the latter date;

• (b) where the request for the benefit to be determined afresh is made more than two years after the date of entry into force of this Agreement, payment of benefit, and the payment of any arrears, shall be made in accordance with the legislation concerned.

• (8) No provision of this Agreement shall diminish any rights or benefits which a person has properly acquired under the legislation of any Party before the date of entry into force of this Agreement.

Article 37 — Coming into Force and Life of the Agreement

This Agreement shall come into force on 2 November 1994 and shall remain in force for an indefinite period. Any of the Parties may denounce it by giving six months notice in writing to both of the other Parties.

Article 38 — Rights on Termination of this Agreement not Replaced by Another

In the event of the termination of this Agreement and unless a new Agreement containing provisions regulating the matter is made, any right to benefit acquired by a person in accordance with this Agreement shall be maintained and negotiations shall take place for the settlement of any other rights then in course of acquisition by virtue of its provisions.

Editorial notes