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The Family Allowances, National Insurance and Industrial Injuries (Germany) Order, 1961

S.I. 1961/1202 · Made 26 June 1961 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 6 April 2017.

National Insurance

National Insurance (industrial Injuries)

Made 26th June 1961

At the Court at Buckingham Palace, the 26th day of June 1961

Present,

The Queen's Most Excellent Majesty in Council

Whereas at Bonn on the twentieth day of April, nineteen hundred and sixty, a Convention between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Federal Republic of Germany on social security (which Convention is set out in the First Schedule to this Order and is hereinafter referred to as “the Convention”) and a Protocol supplementing the Convention (which Protocol is set out in the Second Schedule to this Order and is hereinafter referred to as “the Protocol”) were signed on behalf of those Governments:

And Whereas by Article 50 of the Convention it is provided that the Convention shall enter into force on the first day of the second month following the month in which the instruments of ratification are exchanged:

And Whereas by Article 9 of the Protocol in the Second Schedule it is provided that the Protocol shall enter into force on the day when the Convention enters into force:

And Whereas the Convention has been ratified by the said Governments and the Instruments of ratification were exchanged on the 5th day of June, 1961, and accordingly the Convention and the Protocol enter into force on the 1st day of August, 1961:

And Whereas by section 64 of the National Insurance Act, 1946 M1, as extended by subsection (1) of section 4 of the Family Allowances and National Insurance Act, 1956 M2 and section 85 of the National Insurance (Industrial Injuries) Act, 1946 M3, it is provided that Her Majesty may, by Order in Council, make provision for modifying or adapting the Family Allowances Act, 1945 M4, and the said Acts of 1946 in their application to cases affected by agreements with other governments providing for reciprocity in the matters specified in those sections:

Now, therefore, Her Majesty, in pursuance of the said section 64 of the National Insurance Act, 1946, as so extended, and the said section 85 of the National Insurance (Industrial Injuries) Act, 1946, and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—C1C2C3C4C5C6C7C8C9C10

Annotations to the whole text

Marginal citations

M1

9 & 10 Geo. 6. c. 67.

M2

4 & 5 Eliz. 2. c. 50.

M3

9 & 10 Geo. 6. c. 62.

M4

8 & 9 Geo. 6. c, 41.

Modifications

C1

Order modified (1.2.1972) Bilateral and multilateral reciprocal social security agreements between the United Kingdom and other Member States of the European Communities have generally been superseded, for nationals of those States, by the provisions of Council Regulations (EEC) Nos. 1408/71 and 574/72 to the extent provided by Article 6 of Regulation (EEC) No. 1408/71 subject to the exceptions prescribed by that Article and set out in Articles 7, 8 and 46(4) of that Regulation. The following Instrument, while generally superseded for the above reason, may still be of interest in its effect on persons or matters excepted from, or otherwise not covered by, that Regulation.

C2

Order modified (18.2.1976) by The Social Security (Reciprocal Agreements) Order 1976 (S.I. 1976/225), arts. 2, 3, Schs. 1, 2

C3

Order modified (8.8.1976) by The Child Benefit (Residence and Persons Abroad) Regulations 1976 (S.I. 1976/963), reg. 9, Sch.

C4

Order modified (6.4.1979) by The Social Security (Reciprocal Agreements) Order 1979 (S.I. 1979/290), art. 2, Sch.

C5

Order modified (11.4.1988) by The Social Security (Reciprocal Agreements) Order 1988 (S.I. 1988/591), arts. 2, 3, Sch.

C6

Order modified (13.4.1995) by The Social Security (Reciprocal Agreements) Order 1995 (S.I. 1995/767), art. 2, Schs. 1, 2

C7

Order modified (7.10.1996) by The Social Security (Reciprocal Agreements) Order 1996 (S.I. 1996/1928), art. 2, Schs. 1, 2

C8

Order modified (9.4.2001) by The Social Security (Reciprocal Agreements) Order 2001 (S.I. 2001/407), art. 2, Schs. 1, 2

C9

Order modified (6.4.2016) by The Social Security (Reciprocal Agreements) Order 2016 (S.I. 2016/158), Schs. 1, 2

C10

Order modified (6.4.2017) by The Social Security (Reciprocal Agreements) Order 2017 (S.I. 2017/159), art. 1, Schs. 1, 2

Contents

  1. 1Citation and interpretation
  2. 2Modification of Acts
  3. Signature
  4. Schedule FIRST: CONVENTION ON SOCIAL SECURITY BETWEEN THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE FEDERAL REPUBLIC OF GERMANY
  5. Paragraph
  6. Paragraph
  7. Paragraph
  8. Paragraph
  9. Paragraph
  10. Paragraph
  11. Part I: DEFINITIONS AND SCOPE
  12. Paragraph
  13. Paragraph
  14. Paragraph
  15. Part II: GENERAL PROVISIONS
  16. Paragraph
  17. Paragraph
  18. Paragraph
  19. Paragraph
  20. Paragraph
  21. Paragraph
  22. Paragraph
  23. Paragraph
  24. Paragraph
  25. Paragraph
  26. Part III: Special Provisions
  27. Section 1.—Sickness Benefit, Maternity Benefit and Death Grants
  28. Paragraph
  29. Paragraph
  30. Paragraph
  31. Paragraph
  32. Paragraph
  33. Paragraph
  34. Paragraph
  35. General Provisions
  36. Paragraph
  37. Paragraph
  38. Paragraph
  39. Paragraph
  40. Paragraph
  41. Paragraph
  42. Paragraph
  43. Paragraph
  44. Paragraph
  45. Paragraph
  46. Paragraph
  47. Paragraph
  48. Paragraph
  49. Paragraph
  50. Invalidity Pensions
  51. Paragraph
  52. Paragraph
  53. Paragraph
  54. Survivor's Benefit and Orphan's Benefit
  55. Section 3.—Benefit for Industrial Injuries and Diseases
  56. Paragraph
  57. Paragraph
  58. Paragraph
  59. Paragraph
  60. Paragraph
  61. Paragraph
  62. Paragraph
  63. Paragraph
  64. Section 4.—Family Allowances
  65. Paragraph
  66. Section 5.—Other Provisions
  67. Paragraph
  68. Paragraph
  69. Paragraph
  70. Paragraph
  71. Paragraph
  72. Paragraph
  73. Paragraph
  74. Paragraph
  75. Paragraph
  76. Part IV: Transitional, Administrative and Final Provisions
  77. Paragraph
  78. Paragraph
  79. Paragraph
  80. Paragraph
  81. Paragraph
  82. Paragraph
  83. Paragraph
  84. Paragraph
  85. Paragraph
  86. Paragraph
  87. Paragraph
  88. Paragraph
  89. Paragraph
  90. Paragraph
  91. Paragraph
  92. Paragraph
  93. Paragraph
  94. Paragraph
  95. Paragraph
  96. Paragraph
  97. Paragraph
  98. Paragraph
  99. Paragraph
  100. Paragraph
  101. Paragraph
  102. Paragraph
  103. Paragraph
  104. Paragraph
  105. Paragraph
  106. Paragraph
  107. Schedule SECOND: FINAL PROTOCOL TO THE CONVENTION ON SOCIAL SECURITY BETWEEN THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE FEDERAL REPUBLIC OF GERMANY
  108. Paragraph
  109. Part I: APPLICATION OF THE CONVENTION TO LAND BERLIN
  110. Paragraph
  111. Part II: PAYMENT OF ARREARS OF PENSION FOR PERIODS BEFORE THE ENTRY INTO FORCE OF THE CONVENTION
  112. Paragraph
  113. Paragraph
  114. Paragraph
  115. Paragraph
  116. Paragraph
  117. Paragraph
  118. Paragraph
  119. Paragraph
  120. Paragraph
  121. Paragraph
  122. Part III: TRANSITIONAL AND FINAL PROVISIONS
  123. Paragraph
  124. Paragraph
  125. Paragraph
  126. Paragraph
  127. Paragraph
  128. Paragraph
  129. Explanatory note