Administratief Akkoord voor de uitvoering van het Verdrag inzake sociale zekerheid [...] Verenigd Koninkrijk van Groot-Brittannië en Noord-Ierland, Londen, 19-08-2008

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Geldend van 19-08-2008 t/m heden

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

Authentiek : EN

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 1

• 1 For the purpose of this Administrative Agreement, “Convention” means the Convention on Social Security between the United Kingdom of Great Britain and Northern Ireland and the Kingdom of the Netherlands, signed at The Hague on the 21^st of December 2005

• 2 Other words and expressions used in this Administrative Agreement will have the same meaning as in the Convention.

Section 2

• 1 In accordance with Article 28(3) of the Convention the following bodies have been designated liaison offices between the competent authorities or competent institutions of both Parties for the purpose of applying the provisions of the Convention.

  • a) in the United Kingdom:

    • (i) in Great Britain and Northern Ireland

      For 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 Benefit and Unemployment Benefit,

      Department for Work and Pensions

      The Pension Service

      International Pension Centre

      Tyneview Park

      Newcastle upon Tyne

      England

      NE98 1BA;

      For Articles 7 to 13 and to provide Great Britain insurance records for Sickness Benefit, Maternity Benefit and Unemployment Benefit,

      Her Majesty’s Revenue and Customs

      Charity, Assests, and Residence

      Benton Park View

      Newcastle upon Tyne

      England

      NE98 1ZZ

    • (ii) In Northern Ireland:

      For all matter relating to benefits, other than pension claims

      Network Support Branch

      Overseas Benefit Unit

      Block 2, Castle Buildings

      Stormont, Belfast

      Northern Ireland

      BT4 3SP

    • (iii) in the Isle of Man,

      For all provisions of the Convention.

      Department of Health and Social Security of the Isle of Man

      Markwell House

      Market Street

      Douglas

      Isle of Man;

      IM1 2RZ

    • (iv) In Jersey,

      For all provisions of the Convention.

      Employment and Social Security Department

      Philip Le Feuvre House

      La Motte Street

      St Helier

      Jersey

      Channel Islands;

      JE4 8PE

    • (v) in Guernsey,

      For all provisions of the Convention.

      Social Security Department

      Edward T Wheadon House

      Le Truchot

      St Peter Port

      Guernsey

      Channel Islands

      GY1 3WH

  • b) in the Netherlands:

    As regards Article 3 b, under (i) legislation concerning sickness insurance providing for benefits in cash, including maternity, (iii) legislation concerning invalidity and (iv) legislation concerning unemployment insurance,

    Uitvoeringsinstituut werknemersverzekeringen (UWV)

    Hoofdkantoor- afdeling internationale zaken

    La Guardiaweg 94

    1043 DL Amsterdam

    Nederland

    As regards Article 3 b, under (iii) legislation concerning old age and survivor’s insurance and (v)legislation concerning child benefits and Article 8 Detached Workers,

    Sociale Verzekeringsbank (SVB)

    Van Heuven Goedhartlaan 1

    Postbus 1100

    1180 BH Amstelveen

• 2 The competent authorities or competent institutions and the liaison offices may communicate directly with one another and with any person affected by the Convention or with his legal representative.

• 3 The competent authorities, the competent institutions or the liaison offices will decide the texts of any certificates, reports and forms to be used for the purpose of undertaking the tasks laid down in this Administrative Agreement.

  The liaison offices decide in consultation the procedures concerning claims for benefits.

PART II. APPLICATION OF THE PROVISIONS WHICH DETERMINE THE LEGISLATION APPLICABLE CONCERNING CONTRIBUTION LIABILITY

Section 3

• 1 In cases arising under Articles 7 to 11 of the Convention, the competent authority or competent institution of the Party whose legislation is being applied will issue to the insured person or to his employer, on application, a certificate showing that the insured person remains liable for contributions under that legislation.

• 2 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 institution whose legislation is being applied for an extension of the period of liability, the application will be dealt with by correspondence between the competent authorities or competent institutions of the two Parties.

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

• 1 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 offices of one Party and it appears that there may be entitlement to benefit under the legislation of the other Party, details of the claim and all relevant information will be passed to other interested competent authorities or competent institutions or the liaison offices, as follows:

  • (i) Where the claim is made to one of the competent authorities in the United Kingdom that competent authority will;

    • a) send two copies of the appropriate liaison form to the competent institution or liaison office in the Netherlands,

      or,

    • b) liaise with any competent authority in the United Kingdom under whose legislation the claimant has been insured.The latter competent authority shall send two copies of the appropriate liaison form to the competent institution or the liaison office in the Netherlands.

      The competent institution or the liaison office in the Netherlands will return one copy of the liaison forms which it receives to the competent authority which issued the form.

  • (ii) Where the claim is made to the competent institution or the liaison office in the Netherlands that competent institution or liaison office will;

    • a) send two copies of the appropriate liaison form to each of the liaison offices or the competent authorities in the United Kingdom with which the claimant has been insured,

    • b) where necessary, each of liaison offices or the competent authorities in the United Kingdom shall liaise to exchange insurance records.

  Each of the competent authorities in the United Kingdom shall return one copy of the liaison forms to the liaison office or the competent institution in the Netherlands and provide the information requested.

• 2 Information on liaison forms about the claimant, the insured person and any dependants will, where necessary, be verified by the issuing competent authority or competent institution.

• 3 The competent authorities or competent institutions of each Party will thereafter notify each other of any fact relevant to the determination of the claim and to the continuation of the right to the benefit.

• 4 The decision on a pension claim will be sent direct to the claimant by the competent authority, or the liaison office or competent institution.

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

• 1 For the implementation of Article 27 of the Convention the competent authority or competent institution which has overpaid an amount of benefit and wishes to recover that overpayment from the arrears of benefit held by the other Party, will notify the latter Party of its request either by the appropriate form or by letter.

• 2 The arrears of benefit available when the request is received or which later become available after the request, will be sent to the competent authority or competent institution which is to make the recovery. After recovering the appropriate amount under Article 27 of the Convention the balance of the arrears, if any, will be paid to the beneficiary. Confirmation of the amount received and the amount paid to the beneficiary will be notified to the competent authority or competent institution which sent the arrears.

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