OpenLegislation

Part Article III

Original text. Later amendments are not shown.

(1)

Subject to paragraphs (2) to (4), as from the date of entry into force of this Article and as regards relations between England, Scotland, Wales, Northern Ireland and Austria, the Convention and its accompanying Protocol concerning benefits in kind, as amended by Article II of this Supplementary Convention, shall cease to apply to all persons to whom the provisions of Regulation EEC 1408/71 and the Implementing Regulation are, at that date, or subsequently become, applicable. Any rights in course of acquisition under the Convention immediately before the date of entry into force of the EEA Agreement shall as regards persons to whom the Convention is disapplied by the provisions of this paragraph be determined in accordance with the provisions of those Regulations.

(2)

Article 3 of the Convention shall continue to apply as regards persons residing in a third state.

(3)

The Protocol referred to in paragraph (1) as amended by Article II of this Supplementary Convention shall, with the exception of Article 2(3) thereof, continue to apply as regards persons who cannot claim treatment under Chapter 1 of Title III of Regulation EEC 1408/71.

(4)

In relation to the United Kingdom, the provisions of the Convention and, where appropriate, this Supplementary Convention shall continue to apply to:

(a)

any award of a benefit, pension or allowance made prior to the date upon which the EEA Agreement comes into force;

(b)

any claim to a benefit, pension or allowance made but not determined at the date upon which the EEA Agreement comes into force;

(c)

any claim to a benefit, pension or allowance made after the date upon which the EEA Agreement comes into force but only where that claim relates to entitlement to such benefit, pension or allowance for a period prior to the date upon which the EEA Agreement comes into force.