Office of Public Sector Information
Statutory Instruments
SOCIAL SECURITY
Made
25th July 2007
Coming into force
1st October 2007
At the Court at Buckingham Palace, the 25th day of July 2007
Present,
The Queen’s Most Excellent Majesty in Council
This Order is made under the powers in section 179(1)(a) and (2) of the Social Security Administration Act 1992(1), which provide that, for the purpose of giving effect to agreements made with the governments of countries outside the United Kingdom providing for reciprocity in specified matters, Her Majesty may by Order in Council make provision for modifying and adapting specified legislation in its application to cases affected by such agreements.
At Dublin, on 14th December 2004, a Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland(2) was signed on behalf of those Governments. This Convention, which is referred to in this Order as “the Convention”, provides for earlier Agreements between the Parties concerning reciprocity in the field of social security and their extension and modification to be consolidated into a new convention, with further extensions and modifications and taking account of changes in legislation.
The provisions of the Convention were modified by an Exchange of Notes between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland on 3rd July 2007 which specify that the amendments to the Convention shall enter into force at the same time as the Convention.
Article 37 of the Convention provides that the Convention shall enter into force on the first day of the third month following the month in which the instruments of ratification are exchanged.
Instruments of ratification were exchanged on behalf of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland on 3rd July 2007. The Convention and the amendments to the Convention therefore enter into force on 1st October 2007.
In order to give effect to the Convention and the amendments to the Convention, therefore, Her Majesty, in exercise of the powers conferred on Her by section 179(1)(a) and (2) of the Social Security Administration Act 1992 and of all other powers enabling Her to do so, is pleased, by and with the advice of Her Privy Council, to order as follows:
1. This Order may be cited as the Social Security (Ireland) Order 2007 and comes into force on 1st October 2007.
2. The Social Security Administration Act 1992, the Social Security Contributions and Benefits Act 1992(3) and the Jobseekers Act 1995(4) are modified to such extent as may be required to give effect to the provisions contained in the Convention set out in Schedule 1, as amended by the Exchange of Notes set out in Schedule 2, so far as those provisions relate to England, Wales and Scotland.
3.—(1) The National Insurance and Industrial Injuries (Republic of Ireland) Order 1960(5), the National Insurance (Republic of Ireland) Order 1966(6), the National Insurance and Industrial Injuries (Republic of Ireland) Order 1968(7) and the National Insurance (Republic of Ireland) Order 1971(8) are revoked.
(2) The references to any of these Orders shall be omitted in—
(a) Schedule 1 to the Social Security (Reciprocal Agreements) Order 1976(9);
(b) the Schedule to the Social Security (Reciprocal Agreements) Order 1979(10);
(c) the Schedule to the Social Security (Reciprocal Agreements) Order 1988(11);
(d) Schedule 2 to the Social Security (Reciprocal Agreements) Order 1995(12);
(e) Schedule 2 to the Social Security (Reciprocal Agreements) Order 1996(13);
(f) Schedule 2 to the Social Security (Reciprocal Agreements) Order 2001(14); and
(g) Schedule 2 to the Social Security (Reciprocal Agreements) Order 2005(15).
Judith Simpson
Clerk of the Privy Council
Article 2
The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland;
Having established reciprocity in the field of social security by means of the Agreements which were signed on their behalf at London on 29 March 1960 (which Agreement did not include Northern Ireland), at Dublin on 28 February 1966, at Dublin on 3 October 1968 and at London on 14 September 1971 and also including the arrangements made on 22 July 1964 between the Ministry of Labour and National Insurance in relation to Northern Ireland and the Minister for Social Welfare in relation to Ireland;
Wishing to consolidate the earlier Agreements and their extension and modification into a new convention;
Wishing to extend and modify the scope of that reciprocity and to take account of changes in their legislation;
Have agreed as follows:
(1) For the purpose of this Convention the following definitions apply, except where the context otherwise requires:
“additional pension” payable under the legislation of Great Britain, Northern Ireland or the Isle of Man means any additional pension based on the payment of insurance contributions above the level required for entitlement to basic pension;
“benefit” means, as appropriate, any benefit, pension, allowance or grant to which this Convention applies and includes any increases of, or any additional amount payable with, such benefit, pension, allowance or grant respectively;
“benefits for industrial accidents and industrial diseases” means—
a pension or benefit payable to a person for loss of physical or mental faculty as a result of an industrial accident or an industrial disease arising out of, and in the course of, employed earner’s employment under the legislation of Great Britain, Northern Ireland or the Isle of Man, and accident benefit payable under the legislation of Jersey, or
a benefit payable to a person for personal injury or for loss of physical or mental faculty as a result of an accident arising out of, and in the course of, an insured person’s employment or self-employment, or an industrial disease under the legislation of Guernsey, or
occupational injuries benefit payable under the legislation of Ireland;
“Category A retirement pension” means either, or both, a basic retirement pension and an additional pension based on a person’s own insurance contributions or, for certain persons whose marriages have ended by divorce or widowhood, a basic retirement pension based on the former spouse’s insurance contributions, payable under the legislation of Great Britain, Northern Ireland or the Isle of Man, and an old age pension based on a person’s own contributions or, for certain persons whose marriages have ended by divorce or widowhood, based on the former spouse’s contributions, payable under the legislation of Jersey or Guernsey;
“Category B retirement pension” means a basic retirement pension payable to a married woman on her husband’s contributions or, for a widow or widower, either, or both, a basic retirement pension and an additional pension based on the late spouse’s contributions, payable under the legislation of Great Britain, Northern Ireland or the Isle of Man, and an old age pension payable under the legislation of Jersey or Guernsey to a married woman by virtue of the contributions of her husband while he is alive;
“competent authority” means, in relation to the territory of the United Kingdom, the Department for Work and Pensions for Great Britain, the Commissioners of Inland Revenue or their authorized representative, the Department for Social Development for Northern Ireland, the Department of Health and Social Security of the Isle of Man, the Employment and Social Security Committee of the States of Jersey or the Guernsey Social Security Authority as the case may require, and, in relation to Ireland, the Department of Social and Family Affairs;
“contribution period” means a period in respect of which contributions appropriate to the benefit in question are payable, have been paid or treated as paid under the legislation concerned or, in the case of Ireland, a period in respect of which a person has qualifying contributions appropriate to the benefit in question;
“death grant” means a death grant payable under the legislation of Jersey, Guernsey and bereavement grant under the legislation of Ireland;
“dependant” means a person who would be treated as such for the purpose of any claim for an increase of benefit in respect of a dependant under the legislation concerned;
“earlier agreements” means the Agreements on Social Security signed on behalf of the Governments of the two Parties at London on 29 March 1960 (which Agreement did not include Northern Ireland), at Dublin on 28 February 1966, at Dublin on 3 October 1968 and at London on 14 September 1971 and also includes the arrangements made on 22 July 1964 between the Ministry of Labour and National Insurance in relation to Northern Ireland and the Minister for Social Welfare in relation to Ireland;
“EEA Agreement” means the Agreement establishing the European Economic Area dated 2 May 1992 made between the European Community its Member States and the Member States of the European Free Trade Association and any amendments or modifications thereto;
“EC Treaty” means the Treaty establishing the European Community, signed at Rome on 25 March 1957;
“employed person” means—
except for the purposes of Articles 25 to 27, a person who, in the applicable legislation, comes within the definition of an employed earner or of an employed person or is treated as such, and
for the purposes of Articles 25 to 27, a person who, under the legislation of Great Britain, Northern Ireland or the Isle of Man comes within the definition of an employed earner or an employed person, or is treated as such, or an employed or self-employed person under the legislation of Jersey or Guernsey, and
in relation to Ireland, an employed contributor within the meaning given by Section 9 of the Social Welfare (Consolidation) Act 1993, and the words “person is employed” shall be construed accordingly;
“employment” means employment as an employed person and the words “employ”, “employed” or “employer” shall be construed accordingly;
“equivalent period” means a period for which contributions appropriate to the benefit in question have been credited under the legislation in question;
“gainfully employed” means employed or self-employed and, in relation to Ireland, insurably employed or insurably self-employed;
“Guernsey” means the Islands of Guernsey, Alderney, Herm and Jethou;
“Implementing Regulation” means the Regulation (EEC) No 574/72 of the Council laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, including its application to the European Economic Area, and includes amendments and adaptations from time to time applicable thereto;
“income tax year” means—
in relation to the United Kingdom, the Isle of Man, Jersey and Guernsey the twelve months beginning with 6 April in any year; and
in relation to Ireland:
in respect of a period prior to 6 April 2001, the twelve months beginning with 6 April in one year and ending on 5 April in the following year, and
the period beginning on 6 April 2001 and ending on 31 December 2001, and
thereafter, a calendar year;
“insurance authority” means the authority competent to decide entitlement to the benefit in question;
“insurance period” means a contribution period or an equivalent period;
“insured” means that contributions have been paid by, or are payable by, or in respect of, or have been credited in respect of, the person concerned under the legislation of the United Kingdom, or that a person has qualifying or credited contributions under the legislation of Ireland;
“invalidity benefit” means—
long-term incapacity benefit, additional pension, invalidity allowance and incapacity age addition payable under the legislation of Great Britain, Northern Ireland or the Isle of Man, or
invalidity benefit payable under the legislation of Jersey or Guernsey, or
invalidity pension payable under the legislation of Ireland;
“Jersey” means the Island of Jersey;
“legislation” means, in relation to a Party, such of the legislation specified in Article 3 as applies in the territory of a Party, or in any part of the territory of that Party;
“maternity allowance” means maternity allowance payable under the legislation of the United Kingdom and maternity benefit payable under the legislation of Ireland;
“Party” means, unless otherwise defined—
the United Kingdom and
Ireland;
“qualifying year” means—
in relation to Great Britain, Northern Ireland or the Isle of Man, at least fifty weeks of insurance for periods before 6 April 1975, or that the person has received, or been treated as having received, earnings of at least fifty-two times the lower earnings limit in an income tax year after 5 April 1978 under the legislation of Great Britain, Northern Ireland and the Isle of Man, or
in relation to Jersey, an annual contribution factor of 1.00 under the legislation of Jersey, or
in relation to Guernsey, an insurance period of not less than fifty weeks under the legislation of Guernsey;
“reckonable year” means, in relation to Great Britain, Northern Ireland or the Isle of Man, an income tax year between 6 April 1975 and 5 April 1978 during which contributions have been paid on earnings received, or treated as received, of at least fifty times the lower earnings limit for that year;
“refugee” means a person so defined in Article 1 of the Convention on the Status of Refugees done at Geneva on 28 July 1951, as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31 January 1967;
“Regulation (EEC) 1408/71” means the Regulation (EEC) No 1408/71 of the Council on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, including its application to the European Economic Area, and includes amendments and adaptations from time to time applicable thereto;
“retirement pension” means retirement pension or old age pension payable under the legislation of the United Kingdom, and retirement pension or old age (contributory) pension payable under the legislation of Ireland;
“seasonal worker” means a person subject to the legislation of Jersey or Guernsey or Ireland who goes to the territory of Jersey or Guernsey or Ireland (not being the one in which he is ordinarily resident) in order to carry out in that territory for an employer or undertaking with a place of business there, employment of a seasonal character which depends on the cycle of the seasons and which recurs automatically each year, and the duration of which cannot in any case exceed eight months, and who remains in that territory for the duration of that employment;
“self-employed person” means—
in relation to the United Kingdom, a person who, in the applicable legislation, comes within the definition of a self-employed earner or of a self-employed person or is treated as such, and
in relation to Ireland, a self-employed contributor within the meaning given by Section 9 of the Social Welfare (Consolidation) Act 1993, and the words “person is self-employed” shall be construed accordingly;
“ship or vessel” means any ship or vessel whose port of registry is a port in either territory, or a hovercraft which is registered in either territory, and whose owner (or managing owner if there is more than one owner) resides in, or has a place of business in, either territory;
“sickness benefit” means—
short-term incapacity benefit at the lower, higher or long-term rate payable under the legislation of Great Britain, Northern Ireland or the Isle of Man, and
sickness benefit payable under the legislation of Jersey or Guernsey, or industrial injury benefit payable under the legislation of Guernsey, and
disability benefit payable under the legislation of Ireland;
“social assistance” means income support and income-based jobseeker’s allowance payable under the legislation of Great Britain, Northern Ireland or the Isle of Man, and, in relation to Ireland, any payment made under any assistance scheme described in Section 118 of the Social Welfare (Consolidation) Act 1993;
“stateless person” means a person so defined in Article 1 of the Convention on the Status of Stateless Persons done at New York on 28 September 1954;
“statutory maternity pay” means a payment which an employer must make under the legislation of Great Britain or Northern Ireland in connection with pregnancy and for a period before and after confinement;
“statutory sick pay” means a payment which an employer must make under the legislation of Great Britain or Northern Ireland in respect of sickness;
“survivor’s benefit” means—
bereavement payment, bereavement allowance, and widowed parent’s allowance payable under the legislation of Great Britain or Northern Ireland, and
widow’s payment, widowed mother’s allowance and widow’s pension payable under the legislation of Great Britain, Northern Ireland or the Isle of Man, or
widow’s allowance, widowed mother’s allowance, widow’s pension and widowed father’s allowance payable under the legislation of Jersey, or
survivor’s grant, widowed parent’s allowance and widow’s pension payable under the legislation of Guernsey, or
Widow’s and Widower’s (Contributory) Pension, and bereavement grant under the legislation of Ireland.
“territory” means, in relation to the United Kingdom, Great Britain, Northern Ireland and also the Isle of Man, Jersey and Guernsey; and references to the “United Kingdom” or to “territory” in relation to the United Kingdom shall include the Isle of Man, Jersey and Guernsey where appropriate;
“unemployment benefit” means unemployment benefit or contribution-based jobseeker’s allowance payable under the legislation of Great Britain or Northern Ireland, or unemployment benefit payable under the legislation of Guernsey or Ireland.
(2) Other words and expressions which are used in this Convention have the meanings respectively assigned to them in the legislation concerned.
(3) Any reference in this Convention to an “Article” means an Article of this Convention, and any reference to a “paragraph” is a reference to a paragraph of the Article in which the reference is made, unless it is stated to the contrary.
Subject to Article 36, this Convention shall apply:
(a) as regards relations between Great Britain, Northern Ireland and Ireland, only to persons to whom, in relation to a specific event or circumstance, Regulation (EEC) 1408/71 and the Implementing Regulation do not apply, or do not become applicable; and
(b) as regards relations between Jersey, Guernsey, the Isle of Man and Ireland, to persons who are, or have been, subject to their legislation, to members of their families and to their survivors.
(1) This Convention shall apply,
(a) in relation to the territory of the United Kingdom, to:
(i) the Social Security Administration Act 1992, the Social Security Contributions and Benefits Act 1992, the Social Security (Consequential Provisions) Act 1992, the Social Security (Incapacity for Work) Act 1994, the Jobseekers Act 1995, the Social Security Act 1998, the Social Security Contributions (Transfer of Functions etc.) Act1999 and the Welfare Reform and Pensions Act 1999,
(ii) the Social Security Administration (Northern Ireland) Act 1992, the Social Security Contributions and Benefits (Northern Ireland) Act 1992, the Social Security (Consequential Provisions) (Northern Ireland) Act 1992, the Social Security (Incapacity for Work) (Northern Ireland) Order 1994, the Jobseekers (Northern Ireland) Order 1995, the Social Security (Northern Ireland) Order 1998, the Social Security Contributions (Transfer of Functions etc.)(Northern Ireland) Order 1999 and the Welfare Reform and Pensions (Northern Ireland) Order 1999,
(iii) the Social Security Administration Act 1992, the Social Security Contributions and Benefits Act 1992, the Social Security(Consequential Provisions) Act 1992 and the Social Security (Incapacity for Work) Act 1994, the Jobseekers Act 1995, the Social Security Act 1998 and the Welfare Reform and Pensions Act 1999 (Acts of Parliament) as those Acts apply to the Isle of Man by virtue of Orders made, or having effect as if made, under the Social Security Act 2000 (an Act of Tynwald),
(iv) the Social Security (Jersey) Law, 1974,
(v) the Social Insurance (Guernsey) Law, 1978 and the Family Allowances (Guernsey) Law, 1950, and the legislation which was repealed or consolidated by those Acts, Laws or Orders or repealed by legislation consolidated by them;
(b) in relation to Ireland to the Social Welfare Acts 1981 to 2004 and the Regulations made under those Acts as they relate to:
(i) disability benefit,
(ii) maternity benefit,
(iii) unemployment benefit (including any additional amount payable by way of pay-related benefit),
(iv) invalidity pension,
(v) old age (contributory) pension,
(vi) retirement pension,
(vii) widow’s or widower’s (contributory) pension,
(viii) orphans (contributory) allowance,
(ix) bereavement grant,
(x) occupational injuries benefits, and
(xi) the liability of a person gainfully employed outside of Ireland to the payment of employment or self-employment contributions.
(2) Subject to paragraphs (3) and (4), this Convention shall apply also to any legislation which supersedes, replaces, amends, supplements or consolidates the legislation specified in paragraph (1).
(3) This Convention shall apply, unless the Parties agree otherwise, only to benefits under the legislation specified in paragraph (1) at the date of entry into force of this Convention and for which specific provision is made in this Convention.
(4) This Convention shall not affect rights and obligations arising under legislation on social security enacted in accordance with the EC Treaty or the EEA Agreement or apply to any convention on social security which either Party has concluded with a third party or to any laws or regulations which amend the legislation specified in paragraph (1) for the purpose of giving effect to such a convention, but shall not prevent either Party taking into account under its legislation the provisions of any other convention which that Party has concluded with a third party.
A person, together with his dependants and survivors, who is, or has been, subject to the legislation of one Party shall, while he is in the territory of the other Party, have the same rights and obligations under the legislation of the other Party as a national of that Party, subject to the special provisions of this Convention.
This Convention shall apply to refugees or stateless persons who are residing in the territory of either Party. It shall apply under the same conditions to members of their families, and to their survivors, with respect to the rights they derive from those refugees or stateless persons.
(1) Subject to paragraph (2) and Articles 15, 17 to 27 and 33, a person who would be entitled to receive a retirement pension, survivor’s benefit, invalidity benefit or any pension or benefit payable in respect of an industrial accident or industrial disease under the legislation of one Party if he were in the territory of that Party shall be entitled to receive that pension or benefit while he is in the territory of the other Party, as if he were in the territory of the former Party.
(2) Subject to Article 14(3) and (5), a person who continues to be entitled to receive sickness benefit under the legislation of Great Britain, Northern Ireland or the Isle of Man while he is in Ireland may, after having received, or been deemed to have received, 364 days sickness benefit, become entitled to receive invalidity benefit under the legislation of Great Britain, Northern Ireland or the Isle of Man while he is in Ireland, provided that he continues to satisfy the insurance authority of the former Party that he remains incapable of work.
(3) Subject to Article 14(3) to (5), a person who continues to be entitled to receive sickness benefit under the legislation of Jersey while he is in Ireland may, after having received, or been deemed to have received, 364 days sickness benefit, become entitled to receive invalidity benefit under the legislation of Jersey while he is in Ireland, provided that he continues to satisfy the insurance authority of Jersey that he remains incapable of work.
(4) Subject to Article 14(3) to (5), a person who continues to be entitled to receive sickness benefit or industrial injury benefit under the legislation of Guernsey while he is in Ireland may, after having received, or been deemed to have received, 156 days sickness benefit or industrial injury benefit, become entitled to receive invalidity benefit under the legislation of Guernsey while he is in Ireland, provided that he continues to satisfy the insurance authority of Guernsey that he remains incapable of work.
(5) Subject to Article 22, where, under the legislation of one Party, an increase of any of the benefits for which specific provision is made in this Convention would be payable for a dependant if he were in the territory of that Party, it shall be payable while he is in the territory of the other Party.
PROVISIONS WHICH DETERMINE THE LEGISLATION APPLICABLE CONCERNING CONTRIBUTION LIABILITY
(1) Subject to paragraphs (2) to (9) and Articles 8 to 12, where a person is employed, liability for contributions for him shall be determined under the legislation of the Party in whose territory he is so employed. Where a person is subject only to the legislation of the United Kingdom in accordance with this paragraph, that legislation shall apply to him as if he were ordinarily resident in the United Kingdom.
(2) Where a person is employed in the territory of both Parties for the same period, liability for contributions for him shall be determined only under the legislation of the Party in whose territory he is ordinarily resident.
(3) Where a person is ordinarily resident in the territory of one Party and is self-employed in the territory of the other Party, or in the territory of both Parties, liability for contributions for him shall be determined only under the legislation of the Party in whose territory he ordinarily resides and that legislation shall apply to him as if he were self-employed in the territory of that Party.
(4) Where a person is employed in the territory of one Party and self-employed in the territory of the other Party for the same period, liability for contributions for him shall be determined only under the legislation of the former Party.
(5) No provision of this Article shall affect a person’s liability to pay a Class 4 contribution under the legislation of Great Britain, Northern Ireland or the Isle of Man, or to pay contributions arising from employment which is insurable (occupational injuries) employment only, under the legislation of Ireland.
(6) Where a person is not gainfully employed, any liability for contributions shall be determined under the legislation of Guernsey if he is ordinarily resident in Guernsey, or under the legislation of Jersey if he is ordinarily resident in Jersey.
(7) Where, but for this paragraph, a person would be entitled to pay contributions voluntarily under the legislation of both Parties for the same period, he shall be entitled to pay contributions only under the legislation of one Party according to his choice.
(8) Where under Articles 8, 9(a) or (b), or 10(2), a person is employed in the territory of one Party while remaining liable for contributions under the legislation of the other Party, the legislation of the former Party shall not apply to him and he shall not be liable, nor entitled, to pay contributions under the legislation of the former Party.
(9) A person who is entitled to receive sickness benefit, maternity allowance, invalidity benefit or injury benefit for any period under the legislation of Ireland while he is in Jersey or Guernsey, shall be excepted from liability to pay a contribution in respect of that period, other than as an employed or self-employed person, under the legislation of Jersey or Guernsey.
Subject to Articles 9 and 10, where a person insured under the legislation of one Party, and employed by an employer with a place of business in the territory of that Party, is sent by that employer, either from the territory of that Party, or from a third country not party to this Convention, to work in the territory of the other Party, the legislation of the former Party concerning liability for contributions shall continue to apply to him as if he were employed in the territory of that Party, provided that the employment in the territory of the other Party is not expected to last for more than three years, and the legislation of the latter Party shall not apply to him.
Subject to Article 10, the following provisions shall apply to any person employed as a member of the travelling personnel of an undertaking engaged in the transport of passengers or goods whether for another undertaking or on its own account:
(a) subject to sub-paragraphs (b) and (c), where a person is employed by an undertaking which has its principal place of business in the territory of one Party, the legislation of that Party concerning liability for contributions shall apply to him as if he were employed in its territory, even if he is employed in the territory of the other Party;
(b) subject to sub-paragraph (c), where the undertaking has a branch or agency in the territory of one Party and a person is employed by that branch or agency, the legislation of that Party concerning liability for contributions shall apply to him;
(c) where a person is ordinarily resident in the territory of one Party and is employed wholly or mainly in that territory, the legislation of that Party concerning liability for contributions shall apply to him, even if the undertaking which employs him does not have a place of business or branch or any agency in that territory.
(1) Subject to paragraphs (2) to (4), where a person is employed on board any ship or vessel of one Party, the legislation of that Party concerning liability for contributions shall apply to him as if any conditions relating to residence were satisfied in his case, provided that he is ordinarily resident in the territory of either Party.
(2) Where a person who is insured under the legislation of one Party and employed either in the territory of that Party or on board any ship or vessel of that Party, is sent by his employer in the territory of that Party to work on board a ship or vessel of the other Party, the legislation of the former Party concerning liability for contributions shall continue to apply to him provided that his employment on board the ship or vessel of the latter Party is not expected to last for a period of more than one year. Where his employment on board the ship or vessel of the latter Party continues after such period of one year, the legislation of the former Party shall continue to apply to him for any further period of not more than one year, provided that the competent authority of the latter Party agrees thereto before the end of the first period of one year.
(3) Where a person who is not normally employed at sea is employed other than as a member of the crew, on board a ship or vessel of one Party, in the territorial waters of, or at a port of, the other Party, the legislation concerning liability for contributions of the Party in whose territory he is ordinarily resident shall apply to him.
(4) Where a person who is ordinarily resident in the territory of one Party and employed on board any ship or vessel of the other Party is paid remuneration in respect of that employment by a person who is ordinarily resident in, or by an undertaking having a place of business in, the territory of the former Party, the legislation of the former Party concerning liability for contributions shall apply to him as if the ship or vessel were a ship or vessel of the former Party, and the person or undertaking by whom the remuneration is paid shall be treated as the employer for the purpose of such legislation.
(1) This Convention shall not apply to persons who are exempted from the social security law of the Party in whose territory they are present or resident by virtue of the Vienna Conventions on Diplomatic or Consular Relations.
(2) Subject to paragraph (1), where any person who is in the Government Service of one Party or in the service of any public corporation of that Party is employed in the territory of the other Party, the legislation of the former Party concerning liability for contributions shall apply to him as if he were employed in its territory.
(3) Subject to paragraphs (1) and (2), where a person is employed in a diplomatic mission or consular post of one Party in the territory of the other Party, or in the private service of an official of such a mission or post, the legislation of the latter Party concerning liability for contributions shall apply to him as if he were employed in its territory, unless within three months of the entry into force of this Convention, or within three months of the beginning of the employment in the territory of the latter Party, whichever is later, he chooses to be insured under the legislation of the former Party, provided that he was so insured within the period of one month immediately before the commencement of the employment at that mission or post. Where, under this paragraph, a person has the right to choose to be insured under the legislation of the former Party but does not choose to do so, he shall not be liable, nor entitled, to pay contributions under the legislation of the former Party.
Exceptionally, the competent authorities of the Parties may agree to modify the application of Articles 7 to 11 in respect of particular persons or categories of persons.
The Social Security (Ireland) Order 2007