The Social Security (Norway) Order 1991

ARTICLE 1E+W+S

(1) For the purpose of this Convention:

(a) “legislation” means, in relation to a Party, such of the legislation specified in Article 2 of this Convention as applies in the territory of that Party or in any part thereof;

(b) “competent authority” means the authority responsible for the social security schemes in all or part of the territory of each Party; that is to say, in relation to the United Kingdom, the Secretary of State for Social Security, the Department of Health and Social Services for Northern Ireland, the Isle of Man Department of Health and Social Security, or the Social Security Committee of the States of Jersey, as the case may require and, in relation to Norway, the Ministry of Health and Social Affairs or the Ministry of Local Government and Labour, as the case may require.

(c) “insurance authority” means, in relation to the United Kingdom, the authority competent to decide entitlement to the benefit in question and, in relation to Norway, the institution or authority competent for the application of the legislation specified in paragraph (1)(b) of Article 2 of this Convention;

(d) “competent institution” means the the institution from which the person concerned is entitled to receive benefit or would be entitled to receive benefit if he were resident in the territory of the Party where the institution is situated;

(e) “insured” means, in relation to the United Kingdom, that contributions have been paid by or are payable by or in respect of, or have been credited in respect of, the person concerned, or for the purpose of Section 7 of Part III of this Convention, that the person concerned is, or is treated as being, an employed person, and, in relation to Norway, a person who is insured in accordance with the legislation specified in paragraph (1)(b) of Article 2 of this Convention;

(f) “insurance period” means, in relation to the United Kingdom, a contribution period or an equivalent period and, in relation to Norway, a period in respect of which a period has been insured as specified in paragraph (1)(e) of this Article for the benefit in question;

(g) “contribution period” means, in relation to the United Kingdom, a period in respect of which contributions appropriate to the benefit in question are payable, have been paid or treated as paid under the legislation of the United Kingdom and, in relation to Norway, an insurance period;

(h) “equivalent period” means, in relation to the United Kingdom, a period for which contributions appropriate to the benefit in question have been credited under the legislation of the United Kingdom;

(i) “pension”, “allowance” or “benefit” includes any increase of, or any additional amount payable with, a pension, allowance or benefit respectively;

(j) “unemployment benefit” means, in relation to Norway, benefit defined as daily cash benefit during unemployment under the legislation of Norway;

(k) “sickness benefit” means, in relation to Norway, sickness benefit including rehabilitation allowance paid after the expiry of the sickness benefit period during continued medical treatment aimed at improving the capacity for work;

(l) “maternity allowance” means, in relation to Norway, daily cash benefit payable in the case of maternity and adoption; the term shall not include special benefits payable to single parents under the legislation of Norway;

(m) “invalidity pension” means, in relation to Norway, a disability pension as defined in the legislation of Norway including rehabilitation allowance paid in all situations other than those referred to in sub-paragraph (k) in relation to sickness benefit;

(n) “old age pension” means, in relation to the United Kingdom, a retirement pension or old age pension payable under the legislation of the United Kingdom;

(o) “survivors’ benefit” means, in relation to the United Kingdom, widow’s allowance, widow’s payment, widowed mother’s allowance and widow’s pension payable under the legislation of the United Kingdom and, in relation to Norway, pension and transitional benefit payable to a surviving [F1spouse or civil partner] under the legislation of Norway;

(p) “orphan’s benefit” means, in relation to the United Kingdom, guardian’s allowance payable under the legislation of the United Kingdom and, in relation to Norway, survivors’ benefit for children payable under the legislation of Norway;

(q) “attendance benefit” means, in relation to the United Kingdom, attendance allowance payable under the legislation of the United Kingdom and, in relation to Norway, assistance benefit and basic benefit in the case of disability and childcare benefit payable for surviving [F2spouses or civil partners] under the legislation of Norway;

(r) “ship or vessel” means, in relation to the United Kingdom, any ship or vessel whose port of registry is a port in the territory of the United Kingdom or, in the case of a hovercraft, which is registered in that territory, provided that the owner (or managing owner if there is more than one owner) has a place of business in that territory and, in relation to Norway, any ship or vessel registered as a ship in the Norwegian ship register;

(s) “gainfully occupied” means being an employed or self-employed person;

(t) “employed person” means a person who comes within the definition of an employed person or of an employed earner or a person who is treated as such in the applicable legislation and the words “person is employed” shall be construed accordingly;

(u) “employment” means employment as an employed person and the words “employ”, “employed” or “employer” shall be construed accordingly;

(v) “self-employed person” means a person who comes within the definition of a self- employed person or a self-employed earner or a person who is treated as such in the applicable legislation and the words “person who is self-employed” shall be construed accordingly;

(w) “social assistance” means, in relation to the United Kingdom, income support under the legislation of Great Britain, Northern Ireland and the Isle of Man and a welfare payment under the legislation of the Island of Jersey;

(x) “Continental Shelf Area” means, in relation to the United Kingdom, any area outside the territorial sea of the United Kingdom which in accordance with international law has been designated, under the laws of the United Kingdom concerning the Continental Shelf, as an area within which the rights of the United Kingdom with respect to the sea bed and subsoil and their natural resources may be exercised; and, in relation to Norway, the Continental Shelf defined as the sea bed and its subsoil in the submarine areas adjacent to the coast of the Kingdom of Norway which, in accordance with international law, are subject to Norwegian sovereign rights in respect of the exploration and exploitation of natural resources;

(y) “family member” means, in relation to persons subject to the legislation of Norway, a [F3spouse or civil partner], or children under the age of 18;

(z) “child benefit” includes, in relation to the United Kingdom, family allowance payable under the legislation of that country.

[F4(aa) “Agreement” means the agreement dated 2 May 1992 and made between the European Community, its Member States and the European Free Trade Association States establishing the European Economic Area;

(bb)  “Regulation EEC 1408/71” means the Regulation ( EEC ) No1408/71 of the Council on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and includes amendments and adaptations from time to time applicable thereto;

(cc)  “Implementing Regulation” means the Regulation ( EEC ) No574/72 of the Council laying down the procedure for implementing Regulation ( EEC ) No1408/71 on the application of social security schemes to employed persons, to self-employed persons and to their families moving within the Community and includes amendments and adaptations from time to time applicable thereto; ]

(2) Other words and expressions which are used in this Convention have the meanings respectively assigned to them in the legislation concerned.

(3) The present Convention applies also to the Isle of Man and to the Island of Jersey and references to “the United Kingdom” or to “territory” in relation to the United Kingdom shall be construed accordingly.