Title: wetten.nl - Regeling - 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 - BWBV0003213

Source: https://wetten.overheid.nl/BWBV0003213/

Content:
{"title": "wetten.nl - Regeling - Administratief Akkoord voor de uitvoering van het Verdrag inzake sociale zekerheid tussen het Koninkrijk der Nederlanden en het Verenigd Koninkrijk van Groot-Brittanni\u00eb en Noord-Ierland - BWBV0003213", "content": "Administratief Akkoord voor de uitvoering van het Verdrag inzake sociale zekerheid\n                           tussen het Koninkrijk der Nederlanden en het Verenigd Koninkrijk van Groot-Brittanni\u00eb\n                           en Noord-Ierland\n\nFor the purpose of applying the Convention on Social Security between the United Kingdom of Great Britain and Northern\n                                          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.\n\n1 For the purpose of this Administrative Agreement, \u201cConvention\u201d means the Convention on Social Security between the United Kingdom of Great Britain and Northern\n                                                   Ireland and the Kingdom of the Netherlands, signed at The Hague on the 21st of December 2005\n\n2 Other words and expressions used in this Administrative Agreement will have the same\n                                                meaning as in the Convention.\n\n1 In accordance with Article 28(3) of the Convention the following bodies have been designated liaison offices between the competent authorities\n                                                or competent institutions of both Parties for the purpose of applying the provisions\n                                                of the Convention.\n\na) in the United Kingdom:\n\n(i) in Great Britain and Northern Ireland\n\nFor all contingencies including pension claims for Northern Ireland, except Articles 7 to 13 of the Convention and the provision of Great Britain insurance records for Sickness Benefit, Maternity\n                                                            Benefit and Unemployment Benefit,\n\nDepartment for Work and Pensions\n\nThe Pension Service\n\nInternational Pension Centre\n\nTyneview Park\n\nNewcastle upon Tyne\n\nEngland\n\nNE98 1BA;\n\nFor Articles 7 to 13 and to provide Great Britain insurance records for Sickness Benefit, Maternity Benefit\n                                                            and Unemployment Benefit,\n\nHer Majesty\u2019s Revenue and Customs\n\nCharity, Assests, and Residence\n\nBenton Park View\n\nNewcastle upon Tyne\n\nEngland\n\nNE98 1ZZ\n\n(ii) In Northern Ireland:\n\nFor all matter relating to benefits, other than pension claims\n\nNetwork Support Branch\n\nOverseas Benefit Unit\n\nBlock 2, Castle Buildings\n\nStormont, Belfast\n\nNorthern Ireland\n\nBT4 3SP\n\n(iii) in the Isle of Man,\n\nFor all provisions of the Convention.\n\nDepartment of Health and Social Security of the Isle of Man\n\nMarkwell House\n\nMarket Street\n\nDouglas\n\nIsle of Man;\n\nIM1 2RZ\n\n(iv) In Jersey,\n\nFor all provisions of the Convention.\n\nEmployment and Social Security Department\n\nPhilip Le Feuvre House\n\nLa Motte Street\n\nSt Helier\n\nJersey\n\nChannel Islands;\n\nJE4 8PE\n\n(v) in Guernsey,\n\nFor all provisions of the Convention.\n\nSocial Security Department\n\nEdward T Wheadon House\n\nLe Truchot\n\nSt Peter Port\n\nGuernsey\n\nChannel Islands\n\nGY1 3WH\n\nb) in the Netherlands:\n\nAs regards Article 3 b, under (i) legislation concerning sickness insurance providing for benefits in cash, including\n                                                      maternity, (iii) legislation concerning invalidity and (iv) legislation concerning\n                                                      unemployment insurance,\n\nUitvoeringsinstituut werknemersverzekeringen (UWV)\n\nHoofdkantoor- afdeling internationale zaken\n\nLa Guardiaweg 94\n\n1043 DL Amsterdam\n\nNederland\n\nAs regards Article 3 b, under (iii) legislation concerning old age and survivor\u2019s insurance and (v)legislation concerning\n                                                      child benefits and Article 8 Detached Workers,\n\nSociale Verzekeringsbank (SVB)\n\nVan Heuven Goedhartlaan 1\n\nPostbus 1100\n\n1180 BH Amstelveen\n\n2 The competent authorities or competent institutions and the liaison offices may communicate\n                                                directly with one another and with any person affected by the Convention or with his legal representative.\n\n3 The competent authorities, the competent institutions or the liaison offices will\n                                                decide the texts of any certificates, reports and forms to be used for the purpose\n                                                of undertaking the tasks laid down in this Administrative Agreement.\n\nThe liaison offices decide in consultation the procedures concerning claims for benefits.\n\n1 In cases arising under Articles 7 to 11 of the Convention, the competent authority or competent institution of the Party whose legislation\n                                                is being applied will issue to the insured person or to his employer, on application,\n                                                a certificate showing that the insured person remains liable for contributions under\n                                                that legislation.\n\n2 Where the last sentence of Article 10(2) or Article 13 of the Convention applies and the employer has made an application to the competent authority or competent\n                                                institution whose legislation is being applied for an extension of the period of liability,\n                                                the application will be dealt with by correspondence between the competent authorities\n                                                or competent institutions of the two Parties.\n\nFor the implementation of Article 15 of the Convention, the competent authority or competent institution of one Party will send the appropriate\n                                          form for Sickness Benefit or Maternity Allowance to the competent authority or competent\n                                          institution of the other Party which will provide such information as may be required.\n\nFor the implementation of Article 15(5) of the Convention where a person has not paid a contribution of the appropriate class for the benefit\n                                          claimed since last arriving in the territory of a Party, the claim shall be transferred\n                                          to the competent authority or competent institution of the Party by whom he was last\n                                          insured. Confirmation of the date of claim and evidence of incapacity must be included\n                                          when the claim is transferred.\n\nWhere a person who is resident in the territory of one Party claims Sickness Benefit\n                                          or Maternity Allowance under the legislation of the other Party and the provision\n                                          of Article 15(7) of the Convention may apply, the competent authority or competent institution in the latter Party will\n                                          inquire, from the competent authority or competent institution in the former Party,\n                                          whether a claim for Sickness Benefit or Maternity Allowance has been made under the\n                                          legislation of that former Party.\n\nFor the implementation of Article 16 of the Convention, the competent authority or competent institution of one Party will provide the competent\n                                          authority or competent institution of the other Party with such information as may\n                                          be required.\n\nWhen a person claims Invalidity Pension under the legislation of one Party and the\n                                          provisions of Article 16(2) of the Convention may apply, the competent authority or competent institution which receives the claim\n                                          will inquire, from the competent authority or competent institution in the other Party\n                                          whether a claim for Invalidity Pension has been made under the legislation of the\n                                          latter Party.\n\nFor the implementation of Article 17 of the Convention the competent authority or competent institution of one Party will send the appropriate\n                                          form for Unemployment Benefit to the competent authority or competent institution\n                                          of the other Party which will provide such information as may be required.\n\n1 Where a claim to benefit under the provisions of Articles 18, 19 and 24 of the Convention is received by the competent authority, the competent institution or the liaison\n                                                offices of one Party and it appears that there may be entitlement to benefit under\n                                                the legislation of the other Party, details of the claim and all relevant information\n                                                will be passed to other interested competent authorities or competent institutions\n                                                or the liaison offices, as follows:\n\n(i) Where the claim is made to one of the competent authorities in the United Kingdom\n                                                      that competent authority will;\n\na) send two copies of the appropriate liaison form to the competent institution or liaison\n                                                            office in the Netherlands,\n\nor,\n\nb) liaise with any competent authority in the United Kingdom under whose legislation\n                                                            the claimant has been insured.The latter competent authority shall send two copies\n                                                            of the appropriate liaison form to the competent institution or the liaison office\n                                                            in the Netherlands.\n\nThe competent institution or the liaison office in the Netherlands will return one\n                                                            copy of the liaison forms which it receives to the competent authority which issued\n                                                            the form.\n\n(ii) Where the claim is made to the competent institution or the liaison office in the\n                                                      Netherlands that competent institution or liaison office will;\n\na) send two copies of the appropriate liaison form to each of the liaison offices or\n                                                            the competent authorities in the United Kingdom with which the claimant has been insured,\n\nb) where necessary, each of liaison offices or the competent authorities in the United\n                                                            Kingdom shall liaise to exchange insurance records.\n\nEach of the competent authorities in the United Kingdom shall return one copy of the\n                                                liaison forms to the liaison office or the competent institution in the Netherlands\n                                                and provide the information requested.\n\n2 Information on liaison forms about the claimant, the insured person and any dependants\n                                                will, where necessary, be verified by the issuing competent authority or competent\n                                                institution.\n\n3 The competent authorities or competent institutions of each Party will thereafter\n                                                notify each other of any fact relevant to the determination of the claim and to the\n                                                continuation of the right to the benefit.\n\n4 The decision on a pension claim will be sent direct to the claimant by the competent\n                                                authority, or the liaison office or competent institution.\n\nFor the implementation of Article 25 of the Convention, the competent authority or competent institution of one Party will provide the competent\n                                          authority or competent institution of the other Party with such information as may\n                                          be required.\n\nFor the implementation of Article 26 of the Convention, the competent authority or competent institution of one Party will provide the competent\n                                          authority or competent institution of the other Party with such information as may\n                                          be required.\n\n1 For the implementation of Article 27 of the Convention the competent authority or competent institution which has overpaid an amount of\n                                                benefit and wishes to recover that overpayment from the arrears of benefit held by\n                                                the other Party, will notify the latter Party of its request either by the appropriate\n                                                form or by letter.\n\n2 The arrears of benefit available when the request is received or which later become\n                                                available after the request, will be sent to the competent authority or competent\n                                                institution which is to make the recovery. After recovering the appropriate amount\n                                                under Article 27 of the Convention the balance of the arrears, if any, will be paid to the beneficiary. Confirmation\n                                                of the amount received and the amount paid to the beneficiary will be notified to\n                                                the competent authority or competent institution which sent the arrears.\n\nReferring to Article 28(6) of the Convention\n\n1. The competent authority or competent institution of one Party wishing to have a person\n                                                medically examined whilst resident in the territory of the other Party will provide\n                                                the competent authority or competent institution of the latter Party with details\n                                                of the medical examination it requires to be made.\n\n2. The competent authority or competent institution of the latter Party will make the\n                                                necessary arrangements for the medical examination of the person and forward the resulting\n                                                reports to the competent authority or competent institution of the former Party.\n\nAny claim or appeal received by the competent authority or competent institution of\n                                          the territory in which a person resides but proper to the competent authority or competent\n                                          institution of the other Party will be endorsed with the date of its receipt and sent\n                                          to the competent authority or competent institution of the other Party.\n\nThe competent authority or competent institution of one Party will obtain, where necessary,\n                                          from the competent authority or competent institution of the other Party, any declaration\n                                          or other information which may be required concerning any person for the purpose of\n                                          the application of the Convention.\n\nWhere a competent authority or competent institution of one Party is unable to collect\n                                          contributions or a fine from an employer, or person, residing or staying in the territory\n                                          of the other Party, the competent authority or competent institution of the latter\n                                          Party will provide assistance to collect the contributions or the fine.The assistance\n                                          will be limited to passing the demand for contributions or for a fine, with instructions\n                                          on how the contributions or the fine can be paid, to the liable employer or person.\n\nThis Administrative Agreement shall come into operation with retroactive effect as\n                                          of 1 June 2007, shall have the same duration as the Convention and may be modified as required by agreement between the competent authorities.\n\nSIGNED,\n\nOn behalf of:\n\nSecretary of State for Social Affairs and Employment\n\nPIM WALDECK\n\nAmbassador of the Kingdom of the Netherlands to the Court of St. James\n\nDate: 19-08-08\n\nOn behalf of:\n\nThe Secretary of State for Work and Pensions\n\nDepartment of Health and Social Services for Northern Ireland\n\nDepartment of Heath and Social Security of the Isle of Man\n\nThe Employment and Social Security Department of the States of Jersey\n\nThe Social Security Department of the States of Guernsey\n\nGEOFF OGLE\n\nPension Centre Manager\n\nInternational Pension Centre\n\nDate: 21-07-08\n\nSTEVE RESZETNIAK\n\nSenior Policy Advisor\n\nCustoms and International Her Majesty\u2019s Revenue and Customs\n\nDate: 23-07-08"}