The Social Security (Ireland) Order (Northern Ireland) 2007

ARTICLE 14N.I.Sickness benefit and Maternity allowance

(1) Where a person has, since his last arrival in the territory of one Party, completed a contribution period under the legislation of that Party, then for the purpose of any claim to sickness benefit or maternity allowance made under the legislation of that Party, any insurance period completed under the legislation of the other Party shall be treated in accordance with Article 13 as if it were an insurance period completed under the legislation of the former Party.

(2) Where a person is employed in the territory of one Party and the legislation of the other Party applies to him in accordance with any of the provisions of Articles 7 to 12, he shall be treated under that legislation for the purpose of any claim to sickness benefit or maternity allowance as if he were in the territory of the latter Party.

(3) Subject to paragraphs (4) and (5) and Article 33, where a person would be entitled to receive sickness benefit or maternity allowance under the legislation of one Party if he were in the territory of that Party, he shall be entitled to receive that sickness benefit or maternity allowance while he is in the territory of the other Party if:

(a)his condition necessitates immediate treatment during a stay in the territory of the latter Party and, within 6 days of commencement of incapacity for work or such longer period as the competent authority may allow, he submits to the competent authority of the former Party a claim to benefit and documentary evidence of incapacity for work issued by the doctor treating him; or

(b)having claimed and become entitled to sickness benefit or maternity allowance under the legislation of the former Party he is authorised by the competent authority of that Party to return to the territory of the latter Party where he resides, or to transfer his residence to the territory of the latter Party; or

(c)having claimed and become entitled to sickness benefit or maternity allowance under the legislation of the former Party, he is authorised by the competent authority of that Party to go to the territory of the latter Party to receive there treatment for his condition.

• The authorisation required in accordance with sub-paragraph (b) may be refused only if it is established that movement of the person concerned would be prejudicial to his state of health, or to the receipt of medical treatment.

(4) Where a seasonal worker, who is entitled to sickness benefit under the legislation of Jersey or Guernsey, or Ireland, returns to the territory in which he is ordinarily resident, he shall be entitled to continue to receive such benefit for a period of not more than thirteen weeks from the date of his departure from Jersey or Guernsey or Ireland, as the case may be.

(5) Where a person who is resident in the territory of one Party claims but is not entitled to receive sickness benefit or maternity allowance under the legislation of that Party but would be entitled to receive sickness benefit or maternity allowance under the legislation of the other Party if he were in the territory of that Party, he shall be entitled to receive that sickness benefit or maternity allowance while he is in the territory of the former Party provided that, since his last arrival in the territory of that Party, he has not completed a contribution period under its legislation.

(6) Where a person would be entitled to receive sickness benefit or maternity allowance under the legislation of Ireland if he were in the territory of that Party, he shall be entitled to receive that sickness benefit or maternity allowance while he is in the territory of the United Kingdom.

(7) Where, but for this paragraph, a person would be entitled to receive, for the same period, whether by virtue of this Convention, or otherwise:

(a)sickness benefit, including industrial injury benefit under the legislation of Guernsey, or maternity allowance under the legislation of both Parties; or

(b)statutory sick pay or statutory maternity pay under the legislation of Great Britain or Northern Ireland, and sickness benefit or maternity allowance under the legislation of Ireland;

that benefit, allowance or payment shall be granted only under the legislation under which the person was last insured before entitlement arose.

(8) For the purpose of calculating the weekly rate of maternity allowance under the legislation of Ireland, where the provisions of Section 39(1)(a) of the Social Welfare (Consolidation) Act, 1993, are being applied, an amount equal to the average weekly wage of female employed persons in the income tax year prescribed for the purpose of the aforesaid Section 39, shall be credited to the employed person in respect of each week completed as an employed person under the legislation of the United Kingdom in respect of that income tax year.