Paragraph

(1)

Where a person is resident in the territory of one Party and the legislation of the other Party applies to F1him or her in accordance with any of the provisions of Articles 6(1) or 7(2) of this Convention, F2his or her spouse or civil partner residing with F3him or her shall be treated for the purpose of any claim for child benefit under the legislation of the latter Party:

(a)

as if F4he or she were present or resident, as the case may be, in the territory of the latter Party; and

(b)

as if any child of F5his or her family or any child for whom he is responsible were present or resident, as the case may be, in the territory of the latter Party if the child is present or resident, as the case may be, in the territory of the former Party.

(2)

Where, but for the provisions of this paragraph, child benefit would be payable under the legislation of both Parties for the same period in respect of the same child, whether by virtue of this Convention or otherwise, child benefit shall be payable only under the legislation of the Party in whose territory the child is resident.

Annotations

Textual amendments

F1: Words in Sch. art. 27(1) substituted (5.12.2005) by Social Security (Reciprocal Agreements) Order 2005 (S.I. 2005/2765), arts. 1, 2, Schs. 1, 2.
F2: Words in Sch. art. 27(1) substituted (5.12.2005) by Social Security (Reciprocal Agreements) Order 2005 (S.I. 2005/2765), arts. 1, 2, Schs. 1, 2.
F3: Words in Sch. art. 27(1) substituted (5.12.2005) by Social Security (Reciprocal Agreements) Order 2005 (S.I. 2005/2765), arts. 1, 2, Schs. 1, 2.
F4: Words in Sch. art. 27(1)(a) substituted (5.12.2005) by Social Security (Reciprocal Agreements) Order 2005 (S.I. 2005/2765), arts. 1, 2, Schs. 1, 2.
F5: Words in Sch. art. 27(1)(b) substituted (5.12.2005) by Social Security (Reciprocal Agreements) Order 2005 (S.I. 2005/2765), arts. 1, 2, Schs. 1, 2.