OpenLegislation

Paragraph Article 13

(1)

Subject to the provisions of paragraph (2) of this Article, where a person has, since his last arrival in the territory of one State, completed a contribution period under the legislation of that State, then for the purpose of a claim for unemployment benefit under the legislation of that State, any insurance period completed under the legislation of the other State shall, subject to the provisions of Article 10 of this Convention, be treated as if it were an insurance period completed under the legislation of the former State, provided that it would have been considered as an insurance period if it had been completed under the legislation of that State, and provided that:

(a)

periods of insurance or periods of employment completed under the legislation of Jersey shall not be taken into account for the purpose of determining entitlement to unemployment benefit under the legislation of Sweden; and

(b)

periods of insurance or periods of employment completed under the legislation of Sweden shall be taken into account for the purpose of determining entitlement to unemployment benefit only under the legislation specified in Article 2(1)(a)(i), (ii) and (iv) of this Convention.

(2)

The application of paragraph (1) to Swedish legislation presupposes that the person concerned has been employed in Sweden for at least four weeks in total during the last twelve months before submitting his claim. Paragraph (1) applies, however, even when his employment has terminated before the expiration of four weeks, if it was terminated through no fault of the employee and had been intended to last for a longer period.

(3)

Where a person claims unemployment benefit under the legislation of one State by virtue of paragraph (1) of this Article, any period for which he received such benefit under the legislation of the other State shall be taken into account as if it were a period during which he had received such benefit under the legislation of the former State provided that that period fell within the last twelve months before the first day for which unemployment benefit becomes payable under the legislation of the former State.

Notes on Schedule

Modifications

C1

Sch. modified (5.12.2005) by Social Security (Reciprocal Agreements) Order 2005 (S.I. 2005/2765), art. 1, Sch. 1, Sch. 2