SCHEDULEU.K.Convention on Social Insurance between the United Kingdom and the Republic of Turkey

PART I.—DEFINITIONS AND SCOPE U.K.

Article 1

For the purpose of the present Convention, unless the context otherwise requires—

(1) “territory” means, in relation to the United Kingdom, England, Scotland, Wales, Northern Ireland and the Isle of Man, and, in relation to Turkey, its national territory;

(2) “national” means, in relation to the United Kingdom, a citizen of the United Kingdom and Colonies, and, in relation to Turkey, a person having Turkish nationality;

(3) “legislation” means, according to the context, the legislation specified in Article 2 in force in any part of the territory of one (or the other) Contracting Party;

(4) “competent authority” means, in relation to the United Kingdom, the Minister of Pensions and National Insurance, the Ministry of Labour and National Insurance for Northern Ireland, and the Isle of Man Board of Social Services as the case may require, and, in relation to Turkey, the Ministry of Labour;

(5) “social insurance authority “ means, in relation to the United Kingdom, the Minister of Pensions and National Insurance, the Ministry of Labour and National Insurance for Northern Ireland, or the Isle of Man Board of Social Services, as the case may require, and, in relation to Turkey, the Workers' Insurance Institution ;

(6) “employed person “ means a person who comes within the definition of an employed person (or a person who is treated as an employed person) in the legislation which is being applied;

(7) “dependant” means, in relation to the United Kingdom, a person who would be treated as such for the purpose of any claim to receive an additional allowance, under the legislation of the United Kingdom, and, in relation to Turkey, a person who comes within the definition of a dependant in the legislation of Turkey ;

(8) “insurance period” means, in relation to one (or the other) Party, a period during which a person is insured under the legislation of that Party;

(9) “contribution period” means, in relation to one (or the other) Party, an insurance period in respect of which contributions, appropriate to the benefit in question, have been paid under the legislation of that Party;

(10) “equivalent period” means, in relation to the United Kingdom, an insurance period in respect of which contributions, appropriate to the benefit in question, have been credited under the legislation of the United Kingdom, and, in relation to Turkey, an insurance period during which the insured person was incapable of work ;

(11) the words “benefit” and “pension” include any increase in the benefit or pension and any additional allowances payable therewith;

(12) “sickness benefit” means, in relation to the United Kingdom, sickness benefit as defined in the legislation of the United Kingdom, other than invalidity pension, and, in relation to Turkey, sickness benefit as defined in the legislation of Turkey;

(13) “invalidity pension” means, in relation to the United Kingdom, sickness benefit as defined in the legislation of the United Kingdom which becomes payable to a person in respect of a period of interruption of employment as defined in that legislation after the lapse in that period of three hundred and twelve days for each of which he has been entitled to receive either sickness benefit under the legislation of one (or the other) Party or an invalidity pension under the legislation of Turkey, and, in relation to Turkey, an invalidity pension as defined in the legislation of Turkey;

(14) “widow's benefit” means, in relation to the United Kingdom, widow's allowance, widowed mother's allowance, widow's pension and widow's basic pension, as defined in the legislation of the United Kingdom, and, in relation to Turkey, any benefit paid under the legislation of Turkey concerning survivors' insurance to a widow or the child of a widow;

(15) “orphan's benefit” means, in relation to the United Kingdom, guardian's allowance as defined in the legislation of the United Kingdom, and, in relation to Turkey, any benefit paid under the legislation of Turkey concerning survivors' insurance to a child whose father and mother are dead;

(16) “old age pension” means, in relation to the United Kingdom, an old age pension or retirement pension as defined in the legislation of the United Kingdom, and, in relation to Turkey, an old age pension as defined in the legislation of Turkey ;

(17) “death benefit” means, in relation to the United Kingdom, a death grant as defined in the legislation of the United Kingdom, and, in relation to Turkey, benefit granted under the legislation of Turkey for funeral expenses.

Article 2

(18) The provisions of the present Convention shall apply—

(a)in relation to the United Kingdom, to—

(i)the National Insurance Act, 1946, the National Insurance Act (Northern Ireland), 1946, the National Insurance (Isle of Man) Act, 1948, and the legislation in force before the 5th July, 1948, which was replaced by those Acts;

(ii)the National Insurance (Industrial Injuries) Act, 1946, the National Insurance (Industrial Injuries) Act (Northern Ireland), 1946, and the National Insurance (Industrial Injuries) (Isle of Man) Act, 1948;

(b)in relation to Turkey, to—

(i)the Industrial Injuries, Industrial Diseases and Maternity Insurances Act (No. 4772);

(ii)the Sickness and Maternity Insurance Act (No. 5502); and

(iii)the Invalidity, Old Age and Survivors' Insurances Act (No. 6900).

(19) Subject to the provisions of paragraphs (3) and (4) of this Article, the Convention shall apply also to any legislation which amends, supplements or consolidates the legislation specified in paragraph (1) of this Article.

(20) The Convention shall not apply to any legislation which relates to a new branch of social insurance, if either Contracting Party so decides and gives notice to the other to that effect within three months of the official communication of the said legislation in accordance with Article 30 of the Convention.

(21) The Convention shall apply, only if the Parties so decide, to any legislation which amends or supplements the legislation specified in paragraph (1) of this Article for the purpose of giving effect to a reciprocal agreement on social security which one (or the other) Party has made with a third Party.