Paragraph Article 34

(1)

Upon the entry into force of this Convention, the Convention signed at Stockholm on 9 June 1956 shall be terminated, and shall be replaced by this Convention.

(2)

Any benefit granted or any right acquired by a person in accordance with the provisions of the Convention signed at Stockholm on 9 June 1956 shall be maintained and any rights in course of acquisition under that Convention at the date of the entry into force of this Convention shall be settled in accordance with the provisions of this Convention.

(3)

Benefits, other than lump sum payments, shall be payable in accordance with the provisions of this Convention in respect of events which happened before the date of its entry into force. However an accident which occurred or a disease which developed before that date, shall not, solely by virtue of this Convention, be treated as an industrial accident or disease if it would not have been so treated under any legislation or Convention in effect at the time of its occurrence or development. For the purpose of determining claims in accordance with the provisions of this Convention, account shall be taken of insurance periods and periods of residence, employment or presence, completed before the date of its entry into force.

(4)

Paragraph (3) of this Article shall not confer any right to receive payment of benefit for any period before the date of the entry into force of this Convention.

(5)

For the purpose of applying the first sentence of paragraph (3) of this Article:

(a)

any right to benefit acquired by a person in accordance with the provisions of this Convention shall, at the request of the person concerned, be granted with effect from the date of its entry into force, provided that the request has been made within two years after that date;

(b)

any right to benefit acquired by a person in accordance with the provisions of the Convention signed at Stockholm on 9 June 1956, may, at the request of the person concerned, be determined afresh in accordance with the provisions of this Convention with effect from the date of its entry into force, provided that the request has been made within two years after that date;

(c)

where the request for the benefit to be determined afresh is made more than two years after the date of entry into force of this Convention, payment shall be made from the date determined under the legislation concerned without the application of the present Convention.

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