S.I. No. 799/2005 - Social Welfare (Revised Agreement with Australia on Social Security) Order, 2005

1. Subject to paragraph 2, 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.

2. In the event that this Agreement is terminated in accordance with paragraph 1 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, or

(c) immediately before the date of termination, are subject only to the legislation of one Party as mentioned in and by virtue of paragraph 1 or 2 of Article 8 or Article 9, but only for so long as the Agreement would have continued to apply to the employee had the Agreement not been terminated.

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

DONE in 2 originals at Dublin this 9

th

day of June two thousand and five.

FOR THE GOVERNMENT OF AUSTRALIA

FOR THE GOVERNMENT OF IRELAND

John Herron

Séamus Brennan

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

This Order gives effect to the revised bilateral Agreement on Social Security made between Ireland and Australia which comes into effect from 1 January 2006. 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 revised Agreement is to modify the terms of the earlier Agreement to take account of legislative changes that have occurred in both States.

The Agreement provides that periods of insurance in Ireland and residence in Australia may be taken into account, where necessary, by either State in order to qualify for certain benefits and pensions.

In the case of Ireland the Agreement covers old age (contributory pension, retirement pension, widow's and widower's (contributory pension, orphan's (contributory) allowance, and bereavement grant.

The Agreement also contains provisions which allow workers in one State who are sent temporarily by an employer to work in the territory of the other State, to remain attached to the social security system of the first State for a period of 4 years.

3. Unless disclosure is required under the laws of a Party, any information about an individual which is transmitted in accordance with this Agreement to a Competent Authority or a Competent Institution of that Party by a Competent Authority or a Competent Institution of the other Party is confidential and shall be used only for purposes of implementing this Agreement and the legislation to which this Agreement applies.

4. In no case shall the provisions of paragraphs 1 and 3 be construed so as to impose on the Competent Authority or Competent Institution of a Party the obligation

(a) to carry out administrative measures at variance with the laws or the administrative practice of that Party or the other Party; or

(b) to supply particulars which are not obtainable under the laws or in the normal course of the administration of that Party or the other Party.

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 19

Administrative Arrangements

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

ARTICLE 20

Resolution of Difficulties

6. The Competent Institution receiving a request under paragraph 5 shall transfer the amount of the debt to the Competent Institution making the request.

7. A reference in paragraphs 4 and 5 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 17

Payment of Benefits

S.I. No. 799 of 2005

SOCIAL WELFARE (REVISED AGREEMENT WITH AUSTRALIA ON SOCIAL SECURITY) ORDER, 2005

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 23 of the Agreement that the Agreement will be subject to ratification;

AND WHEREAS

it is also provided in the said Article 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 Canberra on the 29th day of November, 2005.

NOW THEREFORE

the Minister for Social and Family Affairs, in exercise of the powers conferred on him by Sections 4 and 287 of the

Social Welfare Consolidation Act 2005

(No. 26 of 2005), hereby makes the following Order:-