Social Services (Reciprocity With United Kingdom) Regulations (Amendment) (Cth)
I, THE
GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of
the Federal Executive Council, hereby make the following Regulations under the
Dated 5 February 1987.
N. M. STEPHEN
Governor-General
By His Excellency’s Command,
B. HOWE
Minister of State for Social Security
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“2. In these Regulations, unless the contrary intention appears—
‘the Act’ means the
Social Security Act 1947; ‘the Agreement’ means the agreement on social security between the Government of the United Kingdom and the Government of Australia done at Canberra on 29 January 1958, being the agreement a copy of which is set out in Schedule 1, as amended by—
(a) the agreement on social security between the Government of the United Kingdom and the Government of Australia done
at Canberra on 16 August 1962, being the agreement a copy of which is set out in Schedule 2;
(b) the agreement between the Government of the United Kingdom and the Government of Australia constituted by the Notes each dated 6 March 1975 and a copy of each of which is set out in Schedule 3; and
(c) the agreement between the Government of the United Kingdom and the Government of Australia constituted by the Notes dated 29 December 1986 and 31 December 1986 respectively and a copy of each of which is set out in Schedule 4.
“3. The Act, in its application to cases affected by the Agreement, has effect subject to such modifications and adaptations as are necessary for the purpose of giving effect to the Agreement.”.
SCHEDULE 3 Regulation 2
BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM AND THE GOVERNMENT OF AUSTRALIA FURTHER AMENDING THE AGREEMENT ON SOCIAL SECURITY SIGNED AT CANBERRA ON 29 JANUARY 1958
British High Commission,
Canberra
6 March 1975
Sir.
I have the honour to refer to the Agreement on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Australia which was signed at Canberra on 29 January 1958, as
amended by the Agreement signed at Canberra on 16 August 1962, (which for the purposes of this Note are together referred to as “the Agreement”), and to recent discussions between the Department of Health and Social Security of the United Kingdom and the Department of Social Security of Australia concerning the need further to amend the Agreement in the light of the Australian Social Services Act (No. 2) 1973 and the Australian Social Services Act 1974, which allow Australian pensions to be paid abroad, the National Insurance Act 1971, which introduced invalidity benefit into the United Kingdom, the Social Services (Parity) Order (Northern Ireland) 1971, which made similar provision for invalidity benefit in Northern Ireland and the National Insurance (Isle of Man) Order 1972, which made similar provision for invalidity benefit in the Isle of Man.
Pending the outcome of these discussions the Government of the United Kingdom takes the view that some immediate steps are necessary to prevent the possibility of duplicate payments of United Kingdom and Australian pensions by virtue of the Agreement. Accordingly, they propose that the following amendments to the Agreement should be made forthwith as an interim measure and without prejudice to any other amendments which may be agreed subsequently between the United Kingdom and Australian Governments:
(a) Article 17 of the Agreement shall be amended in the heading and in paragraphs (1) and (2) by inserting the words “or invalidity” after the word “sickness”, and in paragraph (3) by substituting the words “sickness or invalidity benefit is payable” for the words “sickness benefit is payable for an indefinite period”.
(b) Where a person is entitled to receive a benefit by virtue of the provisions of Articled or 9, or of paragraphs (1) and (3) or Article 17 of the Agreement as amended by sub-paragraph (a) of this paragraph:
(i) the rate of benefit which he would otherwise be entitled to receive, but for this sub-paragraph, by virtue of the provisions of Article 3 or 9 shall be reduced by the amount of benefit which is payable by virtue of the Australian Social Services Act (No. 2) 1973 and the Australian Social Services Act 1974;
and
(ii) the rate of benefit which he would be entitled to receive, but for this sub-paragraph, by virtue of the provisions of paragraphs (1) and (3) of Article 17 of the Agreement as amended by sub-paragraph (a) of this paragraph shall be reduced by the total amount of invalid pension and wife’s pension which may be payable by virtue of the Australian Social Services Act (No. 2) 1973 and the Australian Social Services Act 1974.
(c) Article 1, paragraph (a) of the Agreement shall be amended as follows:
(i) omit the words “, “wife’s allowance” “ and substitute the words “and “wife’s pension” “;
(ii) omit the words “and “child’s allowance” “.
(d) Article 1 of the Agreement shall be amended as follows:
(i) omit the full-stop after paragraph (q) and substitute a semi-colon;
(ii) after paragraph (q) insert the following paragraph:
“(r) “invalidity benefit” means, in relation to the United Kingdom, invalidity benefit as defined under the legislation of the United Kingdom.”.
(e) Article 16, paragraph (2) of the Agreement shall be amended by omitting the words from “wife’s allowance” to the end of the paragraph and substituting the words “wife’s pension.”.
(f) Article 16, paragraph (3) of the Agreement shall be amended as follows:
(i) omit the words “, wife’s allowance and child’s allowance” and substitute the words “and wife’s pension”;
(ii) omit the word “sickness” and substitute the word “invalidity”.
(g) Article 16, paragraph (4) of the Agreement shall be amended by omitting the words “or more”.
(h) Article 19, sub-paragraph (b) of the Agreement shall be amended by omitting the words “allowance, a child’s allowance” and substituting the word “pension”.
(i) Article 20, paragraph (1) of the Agreement shall be amended by omitting the words “and children’s allowances” and substituting the word “pensions”.
(j) Article 25, paragraph (1) of the Agreement shall be amended by omitting the word “allowances” and substituting the word “pensions”,
(k) Article 26 of the Agreement shall be amended by inserting the words “or invalidity” after the the word “sickness”.
I have the honour to suggest that, if these proposals are acceptable to the Government of Australia, this Note and your reply to that effect shall constitute an Agreement between our two Governments to enter into force on the date of your reply.
Either Government may terminate this Agreement within six months of the date of entry into force by giving written notice to the other of its intention to do so, in which case termination shall take effect immediately upon receipt of such notice.
I avail myself of this opportunity, Sir, to renew to you the assurance of my highest consideration.
MORRICE JAMES
The Honourable W. G. Hayden MP
Minister for Social Security
Department of Social Security
CANBERRA
————
Minister for Social Security
6 March 1975
Sir,
I have the honour to acknowledge the receipt of your Note of today’s date which reads as follows:
“I have the honour to refer to the Agreement on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Australia, which was signed at Canberra on 29 January 1958, as amended by the Agreement signed at Canberra on 16 August 1962, (which for the purposes of this Note are together referred to as “the Agreement”), and to recent discussions between the Department of Health and Social Security of the United Kingdom and the Department of Social Security of Australia concerning the need further to amend the Agreement in the light of the Australian Social Services Act (No. 2) 1973 and the Australian Social Services Act 1974, which allow Australian pensions to be paid abroad, the National Insurance Act 1971, which introduced invalidity benefit into the United Kingdom, the Social Services (Parity) Order (Northern Ireland) 1971, which made similar provision for invalidity benefit in Northern Ireland and the National Insurance (Isle of Man) Order 1972, which made similar provision for invalidity benefit in the Isle of Man.
Pending the outcome of these discussions the Government of the United Kingdom takes the view that some immediate steps are necessary to prevent the possibility of duplicate payments of United Kingdom and Australian pensions by virtue of the Agreement. Accordingly, they propose that the following amendments to the Agreement should be made forthwith as an interim measure and without prejudice to any other
amendments which may be agreed subsequently between the United Kingdom and Australian Governments:
(a) Article 17 of the Agreement shall be amended in the heading and the paragraphs (1) and (2) by inserting the words “or invalidity” after the word “sickness”, and in paragraph (3) by substituting the words “sickness or invalidity benefit is payable” for the words “sickness benefit is payable for an indefinite period”.
(b) Where a person is entitled to receive a benefit by virtue of the provisions of Article 3 or 9, or of paragraphs (1) and (3) of Article 17 of the Agreement as amended by sub-paragraph (a) of this paragraph:
(i) the rate of benefit which he would otherwise be entitled to receive, but for this sub-paragraph, by virtue of the provisions of Article 3 or 9 shall be reduced by the amount of benefit which is payable by virtue of the Australian Social Services Act (No. 2) 1973 and the Australian Social Services Act 1974; and
(ii) the rate of benefit which he would be entitled to receive, but for this sub-paragraph, by virtue of the provisions of paragraphs (1) and (3) of Article 17 of the Agreement as amended by sub-paragraph (a) of this paragraph shall be reduced by the total amount of invalid pension and wife’s pension which may be payable by virtue of the Australian Social Services Act (No. 2) 1973 and the Australian Social Services Act 1974.
(c) Article 1, paragraph (a) of the Agreement shall be amended as follows:
(i) omit the words “, “wife’s allowance”“ and substitute the words “and “wife’s pension” “;
(ii) omit the words “and “child’s allowance” “.
(d) Article 1 of the Agreement shall be amended as follows:
(i) omit the full-stop after paragraph (q) and substitute a semi-colon;
(ii) after paragraph (q) insert the following paragraph:
“(r) “Invalidity benefit” means, in relation to the United Kingdom, invalidity benefit as defined under the legislation of the United Kingdom.”.
(e) Article 16, paragraph (2) of the Agreement shall be amended by omitting the words from “wife’s allowance” to the end of the paragraph and substituting the words “wife’s pension.”.
(f) Article 16, paragraph (3) of the Agreement shall be amended as follows:
(i) omit the words “, wife’s allowance and child’s allowance” and substitute the words “and wife’s pension”;
(ii) omit the word “sickness” and substitute the word “invalidity”.
(g) Article 16, paragraph (4) of the Agreement shall be amended by omitting the words “or more”.
(h) Article 19, sub-paragraph (b) of the Agreement shall be amended by omitting the words “allowance, a child’s allowance” and substituting the word “pension”.
(i) Article 20, paragraph (1) of the Agreement shall be amended by omitting the words “and children’s allowances” and substituting the word “pensions”.
(j) Article 25, paragraph (1) of the Agreement shall be amended by omitting the word “allowances” and substituting the word “pensions”.
(k) Article 26 of the Agreement shall be amended by inserting the words “or invalidity” after the word “sickness”.
I have the honour to suggest that, if these proposals are acceptable to the Government of Australia, this Note and your reply to that effect shall constitute an Agreement between our two Governments to enter into force on the date of your reply.
Either Government may terminate this Agreement within six months of the date of entry into force by giving written notice to the other of its intention to do so, in which case termination shall take effect immediately upon receipt of such notice.”
I have the honour to inform you that these proposals are acceptable to the Government of Australia, and that they agree that your Note and this reply shall constitute an Agreement between our two Governments which shall enter into force on the date of this reply.
Please accept, Sir, the assurance of my highest consideration.
W. G HAYDEN
His Excellency the Right Hon. Sir Morrice James, G.C.M.G., C.V.O., M.B E.,
High Commissioner,
British High Commission,
Canberra, A.C.T.
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SCHEDULE 4 Regulation 2
NOTES DATED 29 DECEMBER 1986 AND 31 DECEMBER 1986 BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM AND THE GOVERNMENT OF AUSTRALIA FURTHER AMENDING THE AGREEMENT ON SOCIAL SECURITY SIGNED AT CANBERRA ON 29 JANUARY 1958
Foreign and Commonwealth Office
London SW1A 2AH
29 December 1986
His Excellency
Mr A. R. Parsons
Australian High Commission
Strand
London
Your Excellency
I haved the honour to refer to the Agreement on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Australia, which was signed at Canberra on 29 January 1958, as amended by the Agreement signed at Canberra on 16 August 1962, and by an Exchange of Notes at Canberra on 6 March 1975 (which, for the purposes of this Note, are together referred to as “the Agreement”), and to recent discussions between the Department of Health and Social Security of the United Kingdom and the Department of Social Security of Australia, concerning the need further to amend the Agreement so as to preclude working holidaymakers from receiving unemployment benefit under the Agreement and to make other minor modifications.
I now have the honour to propose the following amendments to the Agreement:
(a) Article 3 shall be amended by deleting paragraph (2) and the proviso to paragraph (4).
(b) Article 17 shall be amended by inserting after paragraph (3) the following new paragraph:
“(4) For the purposes of any claim to invalidity pension under the legislation of the United Kingdom, any period in respect of which a person was qualified to receive a sickness benefit or an invalid pension under the legislation of Australia shall be treated as if it were a period of entitlement to sickness benefit or invalidity pension completed under the legislation of the United Kingdom.”.
(c) Article 18 shall be amended—
(i) by inserting after paragraph (2) the following new paragraph:
“(3) The provisions of this Article shall not apply to a person
(a) who is in Australia having been granted an entry permit pursuant to a visa issued on an application for a visa to enter that country for a working holiday; or
(b) who is in the United Kingdom by virtue only of his having obtained leave to enter that country given in accordance with any provision of the immigration rules (as defined in section 33 (1) of the Immigration Act 1971 of the United Kingdom) which required him to satisfy an immigration officer at the date upon which that obligation last arose that—
(i) he was seeking permission to enter the United Kingdom for an extended holiday, and
(ii) he intended to take only employment within the United Kingdom which was incidental to that holiday.”;
(ii) by renumbering the existing paragraph (3) as paragraph (4), deleting the word and figure “paragraph (2)” and substituting the words and figures “paragraphs (2) and (3)”.
(d) Article 22 shall be amended by deleting from paragraph (1) the words:
“unless the dependent is a child for whom child endowment is payable under the legislation of Australia”.
If the foregoing proposals are acceptable to the Government of Australia I have the honour to propose that this Note and Your Excellency’s reply to that effect shall institute an Agreement between our two Governments which shall enter into force on 9 February 1987.
I avail myself of this opportunity to renew to Your Excellency the assurance of my highest consideration.
A. E. FURNESS
(for the Secretary of State for Foreign and Commonwealth Affairs)
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AUSTRALIAN HIGH COMMISSION
AUSTRALIA HOUSE
STRAND
LONDON WC2B 4LA
01-438 8000
31 December 1986
Dear Sir Geoffrey,
I have the honour to acknowledge receipt of your note of 29 December 1986 which reads as follows:
‘I have the honour to refer to the Agreement on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Australia, which was signed at Canberra on 29 January 1958, as amended by the Agreement signed at Canberra on 16 August 1962, and by an Exchange of Notes at Canberra on 6 March 1975 (which, for the purposes of this Note, are together referred to as “the Agreement”), and to recent discussions between the Department of Health and Social Security of the United Kingdom and
the Department of Social Security of Australia, concerning the need further to amend the Agreement so as to preclude working holidaymakers from receiving unemployment benefit under the Agreement and to make other minor modifications. ‘I now have the honour to propose the following amendments to the Agreement:
(a) Article 3 shall be amended by deleting paragraph (2) and the proviso to paragraph (4)
(b) Article 17 shall be amended by inserting after paragraph (3) the following new paragraph:
“(4) For the purposes of any claim to invalidity pension under the legislation of the United Kingdom, any period in respect of which a person was qualified to receive a sickness benefit or an invalid pension under the legislation of Australia shall be treated as if it were a period of entitlement to sickness benefit or invalidity pension completed under the legislation of the United Kingdom”.
(c) Article 18 shall be amended—
(i) by inserting after paragraph (2) the following new paragraph:
“(3) The provisions of this Article shall not apply to a person—
(a) who is in Australia having been granted an entry permit pursuant to a visa issued on an application for a visa to enter that country for a working holiday; or
(b) who is in the United Kingdom by virtue only of his having obtained leave to enter that country given in accordance with any provision of the immigration rules (as defined in section 33 (1) of the Immigration Act 1971 of the United Kingdom) which required him to satisfy an immigration officer at the date upon which that obligation last arose that—
(i) he was seeking permission to enter the United Kingdom for an extended holiday, and
(ii) he intended to take only employment within the United Kingdom which was incidental to that holiday.”;
(ii) by renumbering the existing paragraph (3) as paragraph (4), deleting the word and figure “paragraph (2)” and substituting the words and figures “paragraphs (2) and (3)”.
(d) Article 22 shall be amended by deleting from paragraph (1) the words:
“unless the dependant is a child for whom child endowment is payable under the legislation of Australia”.
‘If the foregoing proposals are acceptable to the Government of Australia I have the honour to propose that this Note and Your Excellency’s reply to that effect shall constitute an Agreement between our two Governments which shall enter into force on 9 February 1987.
‘I avail myself of this opportunity to renew to your Excellency the assurance of my highest consideration.’
I have the honour to confirm that the foregoing proposals are acceptable to the Government of Australia, who therefore agree that your Note together with this reply, shall constitute an Agreement between our two Governments which shall enter into force on 9 February 1987.
Yours sincerely
A. R. PARSONS
The Rt Hon. Sir Geoffrey Howe, Q.C., M.P.,
Secretary of State for Foreign and Commonwealth Affairs,
Foreign and Commonwealth Office,
Downing Street,
LONDON, SW1A 2AL
1.
Notified in the
2. Statutory Rules 1958 No. 30 as amended by 1962 No. 85; 1975 No. 176.
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