Paragraph Article 21
Where a person is employed in the territory of one State and the legislation of the other State applies to him in accordance with any of the provisions of Articles 5 to 9 of this Convention, he shall be treated under that legislation for the purpose of any claim for benefit in respect of an industrial accident or an industrial disease contracted during that employment, as if the accident had occurred or the disease had been contracted in the territory of the latter State. Where benefit would be payable in respect of that claim if the person were in the territory of the latter State, it shall be payable while he is in the territory of the former State.
Where a person sustains an accident after he leaves the territory of one State to go, in the course of his employment, to the territory of the other State but before he arrives in the latter territory, then, for the purpose of any claim for benefit in respect of that accident:
the accident shall be treated as if it had occurred in the territory of the State whose legislation applied to him at the time the accident occurred; and
his absence from the territory of that State shall be disregarded in determining whether his employment was as an employed person under that legislation.
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