Administratief Akkoord voor de uitvoering van het Verdrag inzake sociale zekerheid tussen het Koninkrijk der Nederlanden en het Verenigd Koninkrijk van Groot-Brittannië en Noord-Ierland

Administrative Agreement for the implementation of the Convention on Social Security between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Northern Ireland

For the purpose of applying the Convention on Social Security between the United Kingdom of Great Britain and Northern Ireland and the Kingdom of the Netherlands in accordance with the provisions of Article 28(1) of the Convention, the competent authorities of the Parties have agreed the following.

PART

I

GENERAL PROVISIONS

Section

2

PART

II

APPLICATION OF THE PROVISIONS WHICH DETERMINE THE LEGISLATION APPLICABLE CONCERNING CONTRIBUTION LIABILITY

Section

3

PART

III

APPLICATION OF THE SPECIAL PROVISIONS FOR SICKNESS BENEFIT AND MATERNITY ALLOWANCE

Section

4

For the implementation of Article 15 of the Convention, the competent authority or competent institution of one Party will send the appropriate form for Sickness Benefit or Maternity Allowance to the competent authority or competent institution of the other Party which will provide such information as may be required.

Section

5

For the implementation of Article 15(5) of the Convention where a person has not paid a contribution of the appropriate class for the benefit claimed since last arriving in the territory of a Party, the claim shall be transferred to the competent authority or competent institution of the Party by whom he was last insured. Confirmation of the date of claim and evidence of incapacity must be included when the claim is transferred.

Section

6

Where a person who is resident in the territory of one Party claims Sickness Benefit or Maternity Allowance under the legislation of the other Party and the provision of Article 15(7) of the Convention may apply, the competent authority or competent institution in the latter Party will inquire, from the competent authority or competent institution in the former Party, whether a claim for Sickness Benefit or Maternity Allowance has been made under the legislation of that former Party.

PART

IV

APPLICATION OF THE SPECIAL PROVISIONS FOR INVALIDITY BENEFIT

Section

7

For the implementation of Article 16 of the Convention, the competent authority or competent institution of one Party will provide the competent authority or competent institution of the other Party with such information as may be required.

Section

8

When a person claims Invalidity Pension under the legislation of one Party and the provisions of Article 16(2) of the Convention may apply, the competent authority or competent institution which receives the claim will inquire, from the competent authority or competent institution in the other Party whether a claim for Invalidity Pension has been made under the legislation of the latter Party.

PART

V

APPLICATION OF THE SPECIAL PROVISIONS FOR UNEMPLOYMENT BENEFIT

Section

9

For the implementation of Article 17 of the Convention the competent authority or competent institution of one Party will send the appropriate form for Unemployment Benefit to the competent authority or competent institution of the other Party which will provide such information as may be required.

PART

VI

APPLICATION OF THE SPECIAL PROVISIONS FOR RETIREMENT PENSIONS AND SURVIVOR’S BENEFIT

Section

10

PART

VII

APPLICATION OF THE SPECIAL PROVISIONS FOR INDUSTRIAL ACCIDENTS AND INDUSTRIAL DISEASES

Section

11

For the implementation of Article 25 of the Convention, the competent authority or competent institution of one Party will provide the competent authority or competent institution of the other Party with such information as may be required.

PART

VIII

APPLICATION OF THE SPECIAL PROVISIONS FOR CHILD BENEFIT

Section

12

For the implementation of Article 26 of the Convention, the competent authority or competent institution of one Party will provide the competent authority or competent institution of the other Party with such information as may be required.

PART

IX

MISCELLANEOUS PROVISIONS

Section

13

Section

14

Referring to Article 28(6) of the Convention

  • 1.

    The competent authority or competent institution of one Party wishing to have a person medically examined whilst resident in the territory of the other Party will provide the competent authority or competent institution of the latter Party with details of the medical examination it requires to be made.

  • 2.

    The competent authority or competent institution of the latter Party will make the necessary arrangements for the medical examination of the person and forward the resulting reports to the competent authority or competent institution of the former Party.

Section

15

Any claim or appeal received by the competent authority or competent institution of the territory in which a person resides but proper to the competent authority or competent institution of the other Party will be endorsed with the date of its receipt and sent to the competent authority or competent institution of the other Party.

Section

16

The competent authority or competent institution of one Party will obtain, where necessary, from the competent authority or competent institution of the other Party, any declaration or other information which may be required concerning any person for the purpose of the application of the Convention.

Section

17

Where a competent authority or competent institution of one Party is unable to collect contributions or a fine from an employer, or person, residing or staying in the territory of the other Party, the competent authority or competent institution of the latter Party will provide assistance to collect the contributions or the fine.The assistance will be limited to passing the demand for contributions or for a fine, with instructions on how the contributions or the fine can be paid, to the liable employer or person.

PART

X

FINAL PROVISIONS

Section

18

This Administrative Agreement shall come into operation with retroactive effect as of 1 June 2007, shall have the same duration as the Convention and may be modified as required by agreement between the competent authorities.

SIGNED,

On behalf of:

Secretary of State for Social Affairs and Employment

PIM WALDECK

Ambassador of the Kingdom of the Netherlands to the Court of St. James

Date: 19-08-08

On behalf of:

The Secretary of State for Work and Pensions

Department of Health and Social Services for Northern Ireland

Department of Heath and Social Security of the Isle of Man

The Employment and Social Security Department of the States of Jersey

The Social Security Department of the States of Guernsey

GEOFF OGLE

Pension Centre Manager

International Pension Centre

Date: 21-07-08

STEVE RESZETNIAK

Senior Policy Advisor

Customs and International Her Majesty’s Revenue and Customs

Date: 23-07-08