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

PART III.—SPECIAL PROVISIONS U.K.Section 1.—Benefit for Sickness, Maternity and Death

Section 6.—General Provisions U.K.

Article 25

(45) In applying the provisions of Articles 10 and 14 of the present Convention concerning the adding together of insurance periods, contribution periods and equivalent periods for the purpose of establishing the right to receive benefit, the social insurance authority of each Contracting Party, having regard to the relevant provisions of the legislation of that Party, shall add to any insurance periods, contribution periods and equivalent periods completed under that legislation any insurance periods, contribution periods and equivalent periods completed under the legislation of the other Party, except to the extent that the latter coincide with the former.

(46) The provisions of paragraph (1) of this Article shall be applied in accordance with the following rules—

(a)where a contribution period completed compulsorily under the legislation of one Party coincides with a contribution period completed voluntarily under the legislation of the other, only the former period shall be taken into account;

(b)where a contribution period completed under the legislation of one Party coincides with an equivalent period completed under the legislation of the other, only the former period shall be taken into account.

Article 26

Where, under the legislation of either Contracting Party, the amount of any cash benefit is related to the average wage earned during contribution periods, the average wage to be taken into account for the calculation of the benefit due to be paid under that legislation shall be calculated on the basis of the wages earned during the contribution periods actually completed under that legislation.

Article 27

(47) Where, under the provisions of this Part of the present Convention, any cash benefit is payable by the social insurance authority of one Contracting Party to a person who is resident in the territory of the other Party, the payment may, at the request of that authority, be made by the social insurance authority of the latter Party as agent for the authority of the former Party.

(48) Where, during any period fixed by agreement between the insurance authorities of the two Parties, the total amount of all the payments made in accordance with the provisions of paragraph (1) of this Article by the authorities of one Party is greater than the total amount so paid by the authorities of the other Party, the authorities of the former Party shall not make any payment by way of reimbursement to the authorities of the latter Party but shall be entitled to receive the difference between the two total amounts, calculated by reference to the rate of exchange current at the end of that period.

Article 28

(49) Where a person is entitled to receive benefit under the legislation of one Contracting Party, and would be entitled to receive an increase of that benefit for a dependant if the dependant were in the territory of that Party, he shall be entitled to receive that increase while the dependant is in the territory of the other Party.

(50) Where a person would be entitled, under the legislation of the United Kingdom, to receive widow's benefit or benefit in respect of a death due to an industrial injury or disease if a child were in the territory of the United Kingdom or had been in that territory at the time when one of his parents died or at any other specified time, he shall be entitled to receive that benefit if the child, as the case may be, is in the territory of Turkey or was in that territory at that time.

Article 29

Subject to the provisions of Articles 16 and 20 of the present Convention, any person claiming benefit under the legislation of either Contracting Party may choose to have his claim settled without regard to the provisions of the present Convention.