S.I. No. 84/1992 - Social Welfare (Agreement With Australia on Social Security) Order, 1992.

1. This Agreement is subject to ratification. The instruments of ratification shall be exchanged at Dublin as soon as possible.

2. Once all constitutional and legislative requirements, including administrative arrangements referred to in Article 16 of this Agreement have been fulfilled this Agreement shall enter into force on the first day of the second month following the month in which the instruments of ratification are exchanged.

3. Subject to paragraph 4, this Agreement shall remain in force until the expiration of 12 months from the date on which either Party receives from the other a note through the diplomatic channel indicating the intention of the other Party to terminate this Agreement.

4. In the event that this Agreement is terminated in accordance with paragraph 3, the Agreement shall continue to have effect in relation to all persons who

(

a

) at the date of termination, are in receipt of benefits; or

(

b

) prior to the expiry of the period referred to in that paragraph, have lodged claims for, and would be entitled to receive, benefits,

by virtue of this Agreement.

IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their Governments, have signed this Agreement.

Done in 2 copies at CANBERRA this 8th day of April, 1991.

For Ireland

MICHAEL WOODS.

For Australia

GRAHAM RICHARDSON.

Note No. 310178

The Department of Foreign Affairs and Trade presents its compliments to the Embassy of Ireland and has the honour to refer to the Agreement between Australia and Ireland on Social Security, done at Canberra on 8 April 1991.

The Department has the honour to point out that there is a typographical error in Article 9 paragraph 6 of the said Agreement. The reference to "5" in line 2 of paragraph 6 of Article 9 is an error and should be deleted and replaced with "4".

The Department accordingly has the honour to propose that the reference to "5" in line 2 of Article 9 paragraph 6 be deleted and replaced with "4".

The Department further has the honour of proposing that the Agreement be considered rectified

ab initio

, as set out above.

The Department would be grateful to the Embassy if it would inform the appropriate authorities of the above proposal and awaits confirmation that what is proposed is acceptable to the Government of Ireland.

The Department of Foreign Affairs and Trade avails itself of this opportunity to renew to the Embassy of Ireland the assurances of its highest consideration.

Canberra

30 September 1991.

Ambasáid na hÉireann,

Embassy of Ireland

20 Arkana Street,

Yarralumla,

Telephone: (06) 273 2623

Facsimile (06) 273 3741

(No. H.1.3.)

The Embassy of Ireland presents its compliments to the Department of Foreign Affairs and Trade and has the honour to advise that the Government of Ireland, with reference to the Agreement between Ireland and Australia on Social Security, done at Canberra, on 8 April 1991, agrees to the correction of a typographical error at Article 9, paragraph 6 of the said Agreement as proposed by the Note Verbal No. 310178, dated 30 September 1991 sent by the Department.

It is also agreed that the correction be considered rectified

ab initio.

The Embassy of Ireland avails itself of this opportunity to renew to the Department of Foreign Affairs and Trade the assurances of its highest consideration.

Canberra

1 October 1991.

EXPLANATORY NOTE.

This Order gives effect to the Bilateral Agreement on Social security made between Ireland and Australia which comes into effect from 1 April 1992. The Order provides that the Social Welfare Acts and relevant regulations will be modified to take account of the provisions of the Agreement.

The primary purpose of the Agreement is to allow social insurance contributions paid in Ireland to assist a claimant to qualify for certain benefits in Australia and to allow periods of residence in Australia to count towards satisfying the contribution conditions for certain Irish benefits. In the case of Ireland the Agreement covers old age (contributory) pensions, retirement pensions, invalidity pensions, widows and orphans (contributory) pensions, and death grant. As the Australian social security system is a residence based and income tested system the Agreement allows periods of residence in Australia to be taken into account, subject to certain conditions, along with Irish social insurance contributions to help a person qualify for these benefits. The Agreement also deals with the liability, for Irish social insurance contributions (PRSI), of "detached" workers who are seconded to work in Australia for a temporary period by an employer who has his business in Ireland. Such workers will continue to remain attached to the Irish PRSI system for periods of absences up to two years.

5. In the application of this Agreement, the Competent Authority and the Competent Institution of a Party may communicate with the other in any official language of that Party.

ARTICLE 16

Administrative Arrangements.

The Competent Authorities of the Parties shall make whatever administrative arrangements are necessary in order to implement this Agreement.

ARTICLE 17

Resolution of Difficulties.

6. Where the first Party has not yet paid the benefit described in subparagraph 5 (

a

) to the person

(

a

) that Party shall, at the request of the other Party, pay the amount of the benefit necessary to meet the debt described in subparagraph 5 (

d

) to the other Party and shall pay any excess to the person; and

(

b

) any shortfall may be recovered by the other Party under paragraph 5 (

e

).

7. The Competent Institution receiving a request under paragraph 6 shall transfer the amount of the debt to the Competent Institution making the request.

8. A reference in paragraphs 4, 5 and 6 to a benefit, means, in relation to Australia, a pension, benefit or allowance that is payable under the social security laws of Australia and, in relation to Ireland, any pension, benefit or allowance payable under the laws of Ireland.

ARTICLE 14

Payment of Benefits.

9. For the purpose of converting periods of residence in Australia into Irish periods of insurance as provided for in paragraph 3 and 7, periods of residence in Australia which occur either before a person attains the age of 16 years or after a person attains pensionable age in Australia shall not be taken into account.

ARTICLE 11

Calculation of Irish Benefits.

S.I. No. 84 of 1992.

SOCIAL WELFARE (AGREEMENT WITH AUSTRALIA ON SOCIAL SECURITY) ORDER, 1992.

WHEREAS the arrangements in respect of matters relating to social security set out in the Agreement in the Schedule to this Order (hereinafter called "the Agreement") were made by the Government of Ireland with the Government of Australia;

AND WHEREAS it is provided in Article 19.1. of the Agreement that the Agreement will be subject to ratification;

AND WHEREAS it is provided in Article 19.2. of the Agreement that the Agreement will come into force on the first day of the second month following the month in which the instruments of ratification are exchanged;

AND WHEREAS the aforesaid instruments of ratification were exchanged in Dublin on the 27th day of February, 1992.

NOW THEREFORE the Minister for Social Welfare, in exercise of the powers conferred on him by

Sections 3

and

307

of the

Social Welfare (Consolidation) Act, 1981

(No. 1 of 1981 ), hereby makes the following Order:—