
1 

(1) This Order may be cited as the 
National Insurance and Industrial Injuries (Reciprocal Agreement with Italy)
Order, 1953, and shall come into operation
on the fourth day of June, 1953.
(2) The 
Interpretation Act, 1889, applies to the interpretation
of this Order as it applies to the interpretation of an Act of Parliament.

2 
The provisions contained in the Convention set out in the Schedule
to this Order shall have full force and effect, so far as the same relate
to England, Wales and Scotland, and the National Insurance Acts, 1946 to 1952,
and the National Insurance (Industrial Injuries) Acts, 1946 to 1952, shall
have effect subject to such modifications as may be required therein for the
purpose of giving effect to any such provisions.
W.G. Agnew

SCHEDULE


CONVENTION BETWEEN THE UNITED
KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE ITALIAN REPUBLIC ON
SOCIAL INSURANCE


Rome, 28th November, 1951


The Government of the United Kingdom of Great Britain and Northern
Ireland and the Government of the Italian Republic,


Being resolved to co-operate in the social field,


Affirming the principle that the nationals of one Contracting Party
should receive under the social insurance schemes of the other equal treatment
with the nationals of the latter,


Desirous of giving effect to this principle and further of making
arrangements whereby, in certain cases, the benefits of the social insurance
schemes of each Contracting Party shall be granted to persons in the territory
of the other,


Have agreed as follows:—



PART I
ARTICLE 1 
For the purpose of the present Convention—

(1) “territory”
 means, in relation to the United Kingdom,
England, Scotland, Wales and the Isle of Man, and, in relation to the Italian
Republic, Italy;
(2) “national”
 means , in relation to the United Kingdom,
a citizen of the United Kingdom and Colonies, and, in relation to the Italian
Republic, an Italian citizen;
(3) “legislation”
 means, according to the context, the
legislation of one (or the other) Contracting Party which is specified in 
Article 2;
(4) “competent
authority” and “insurance
authority” mean, in relation to
the Italian Republic, respectively the Minister of Labour and Social Security
and an Insurance Institute entrusted with the management of one or more Italian
insurance schemes, whereas, in relation to the United Kingdom, the above-mentioned
expressions both mean the Ministry of National Insurance (or, in the case
of the Isle of Man, the Isle of Man Board of Social Services);
(5) “employed
person” means a person who comes
within the definition of an employed person (or of a person who is treated
as an employed person) in the legislation of one (or the other) Contracting
Party; “employment”
means employment as an employed person,
and the words “employ”
and “employer” refer to such employment;
(6) “old
age pension” means, in relation
to the United Kingdom, an old age pension or a retirement pension as defined
in the legislation of the United Kingdom.
ARTICLE 2 

(1) The provisions of the present Convention
shall apply—
(a) in relation to the United Kingdom, to—

(i) the National
Insurance Act, 1946, the 
National Insurance (Isle of Man) Act, 1948,
and the legislation in force before 5th July, 1948, which was replaced by
those Acts, establishing insurance schemes in respect of unemployment, sickness,
widowhood, orphanhood, old age and death and of the confinement of women,
and
(ii) the National
Insurance (Industrial Injuries) Act, 1946,
and the National Insurance (Industrial Injuries)
(Isle of Man) Act, 1948, establishing insurance
schemes in respect of personal injury caused by industrial accident and of
prescribed diseases and injuries due to employment;
(b) in relation to the Italian Republic,
to the legislation providing for—
(i) general insurance in respect of invalidity,
old age and survivors,
(ii) insurance against industrial accidents
and occupational diseases,
(iii) insurance against sickness,
(iv) insurance against tuberculosis,
(v) the physical and economic welfare of
women workers in respect of maternity in so far as that legislation concerns
the payment of benefits in cash to such women for pregnancy and child-birth,

(vi) special schemes of insurance for prescribed
classes of employed persons (namely, for the staff of undertakings which have
a concession to operate a public transport or telephone service, for the staff
of agencies which have a contract to collect taxes and for seamen), in so
far as such schemes relate to the risks and the benefits covered by the legislation
set out in items (i) to (v) of this sub-paragraph,
(vii) unemployment insurance.
(2) The present Convention shall also apply
to any legislation which has amended or supplemented, or which may in future
amend or supplement, the legislation referred to in 
paragraph (1) of this Article.
(3) The present Convention shall not apply
to legislation which may be enacted by either Contracting Party, extending
to new classes of persons the insurance schemes mentioned in this Article,
unless the Contracting Parties make an agreement to that effect.
PART II
ARTICLE 3 

(1) A national of one Contracting Party shall
be subject to the obligations and shall enjoy the benefits of the legislation
of the other Party under the same conditions as if he were a national of the
latter.
(2) Subject to the provisions of 
Sections 3 and 4 of Part III,
nothing in the present Convention shall be deemed to confer upon any person
a right to be paid in respect of the same period benefits of the same kind
under the legislation of both Parties.
ARTICLE 4 
The present Convention shall not apply
to established members of the foreign service of either Contracting Party.

ARTICLE 5 

(1) Subject to the provisions of 
paragraph (2) of this Article, where a national
of either Contracting Party is employed in the territory of one Party, the
legislation of that Party shall, notwithstanding any provision thereof to
the contrary, apply to him; and contributions in respect of his employment
shall not be payable under the legislation of the other Party.
(2) 
(a) Where a national of either Party, ordinarily
resident in the territory of one Party and in the service of an employer who
has a place of business there, is sent in the course of his employment to
work in the territory of the other Party, the legislation of the former Party
shall apply to that national, provided that his employment in the latter territory
is not expected to last for a period of more than six months. If, however,
the employment should continue after such period, the legislation of the Party
in whose territory the person concerned is employed shall apply to him.
(b) Where a national of either Party is employed
by a transport undertaking in the operation of, or on, road or rail vehicles
in the territory of one (or the other) Party, the legislation of the Party,
in whose territory the transport undertaking has its head office, shall apply
to him.
(3) The competent authorities may from time
to time agree that the provisions of paragraphs
(1) or (2)
of this Article shall not be applied to particular persons or classes of persons.

(4) Where a national of either Party is employed
in the territory of one Party, and the legislation of the other Party applies
to him in accordance with the provisions of 
paragraph (2) of this Article, he shall, for
the purpose of any title to, or payment of, cash benefit for sickness, maternity,
industrial accident or occupational disease or injury, under such legislation,
be treated—
(a) in respect of sickness and maternity
benefit, as if he were in the territory of the latter Party, and
(b) in respect of benefit for an industrial
accident occurring or an occupational disease or injury contracted or received,
during such employment, as if the accident had occurred, or the disease had
been contracted or the injury had been received, in the territory of the latter
Party.
(5) If a national of either Party and his
wife are in the territory of one Party, and the legislation of the other Party
applies to him in accordance with the provisions of 
paragraph (2) of this Article, his wife shall,
for the purpose of any title to, or payment of, cash benefit to her in respect
of maternity under such legislation, be treated as if she were in the territory
of the latter Party.
ARTICLE 6 
Subject to the provisions of 
Article 4—
(1) Where a national of one Contracting Party,
employed in its Government service and insured under its legislation, is sent
to the territory of the other Party, the legislation of the former Party and
also the provisions of paragraphs (4)
and (5) of Article 5 shall
apply to him;
(2) Where a national of either Contracting
Party, other than a national to whom paragraph
(1) of this Article applies, is employed by
the diplomatic or consular establishments of one Party in the territory of
the other, or is employed there by a diplomatic or consular officer of the
former Party in his personal capacity, the legislation of the Party in whose
territory that national is employed shall apply to him.
ARTICLE 7 

(1) For the purposes of this Article, “ship or aircraft of one (or the other) Party”
means, according to the context— 
(a) A ship or vessel whose port of registry is in United
Kingdom territory as defined in paragraph (1)
of Article 1 (other than a ship or vessel of
which the owner, or managing owner if there is more than one owner, has his
principal place of business in the Irish Republic), or an aircraft registered
in the said territory or in Northern Ireland, of which the owner (or managing
owner if there is more than one owner) has his principal place of business
in that territory.

(b) A ship or vessel flying the Italian
flag, or an aircraft registered in Italy.
(2) Subject to the provisions of 
paragraph (3) of this Article, where a national
of either Contracting Party ordinarily resident in the territory of one Party
is employed on board any ship or aircraft of the other Party, the legislation
of the latter shall apply to him, as if any condition relating to nationality,
residence, or domicile were satisfied in his case.
(3) Where a national of either Party, ordinarily
resident in the territory of one Party and employed temporarily on board any
ship or aircraft of the other Party, is paid remuneration in respect of that
employment by some person who has a place of business in the territory of
the former Party and who is not the owner of the ship or aircraft, the legislation
of the former Party shall, in respect of that employment, apply to that national
as if the ship or aircraft were a ship or aircraft of the former Party, and
the person by whom the said remuneration is paid shall be treated as the employer
for the purposes of such legislation.
(4) A national of either Contracting Party,
who is or has been employed on board any ship or aircraft of one Party and
who, in accordance with the provisions of paragraph
(3) of this Article, remains subject to the
legislation of the other Party, shall for the purpose of any title to, or
payment of, benefit under such legislation be treated as if he were or had
been employed on board a ship or aircraft of the latter Party.
(5) A ship or vessel built in the territory
of one Party for a person having his principal place of business in the territory
of the other Party shall be deemed to be a ship of the latter Party during
the period which elapses between the beginning of the operation of launching
and its registration or the completion of the formalities entitling it to
fly the flag of any country, and the provisions of 
paragraph (3) of this Article shall apply as
if the said person were the owner of the ship.
(6) The competent authorities may from time
to time agree that the provisions of the foregoing paragraphs shall not be
applied to particular persons or classes of persons.
PART III
SECTION 1
ARTICLE 8 

(1) A national of either Contracting Party,
who goes from the territory of one Party to the territory of the other, shall
be entitled, together with his dependants, to receive the benefits provided
for under the legislation of the latter Party in respect of unemployment,
sickness (including tuberculosis) and maternity, provided that—
(a) he has become insured under the legislation
of the latter Party;
(b) the unemployment or the confinement occurs,
or, in the case of sickness benefit, the illness is contracted, after he becomes
insured under the legislation of the latter Party;
(c) he satisfies the conditions laid down
by the legislation of the latter Party entitling persons to receive such benefits,
and for this purpose any period during which he has been insured under the
legislation of the former Party shall be treated as if it were a period during
which he was insured under the legislation of the latter Party, and any contribution
paid (or credited as paid) in respect of him under the legislation of the
former Party shall, subject to the provisions of 
Article 22, be treated as if it had been so
paid or credited under the legislation of the latter Party.
(2) Nothing in 
paragraph (1) of this Article shall in any
case restrict any right which the national concerned, or his dependants, may
have under the legislation of the Party to whose territory he has gone.
(3) A national of either Party, who goes
from the territory of one Party to the territory of the other for the specific
purpose of being treated for a disease which was contracted, or a disablement
which occurred, before he left the former territory, shall, while in the latter
territory, remain entitled to and shall receive cash benefit for sickness
from the insurance authority of the Party whose territory he has left, during
such period as the insurance authority may allow.
(4) Where a woman, who is a national of either
Party or the wife of such a national, is confined in the territory of one
(or the other) Party, cash benefit for maternity shall be paid by the insurance
authority of the Party under whose legislation the woman, or, in the case
of a claim in respect of her husband's insurance, her husband, is paying contributions
at the time of the confinement, or was last paying contributions before that
time.
SECTION 2
ARTICLE 9 

(1) Where a national of either Contracting
Party has been insured in respect of long-term sickness benefit under the
legislation of the United Kingdom, and in respect of cash benefit for invalidity
under the legislation of the Italian Republic, the periods during which he
has been insured and the contributions paid (or credited as paid) under the
legislation of both parties shall, subject to the provisions of 
Article 22, be added together for the purpose
of determining his right to benefit.
(2) Such benefit shall be payable by the
insurance authority of the Party whose legislation applied to the national
concerned at the time when the long-term sickness or invalidity was first
medically certified.
ARTICLE 10 
If, after suspension of discontinuance
of long-term sickness benefit provided for by the legislation of the United
Kingdom or of cash benefit provided for by the legislation of the Italian
Republic, the national concerned again becomes entitled to benefit within
a period of one year, the payment of such benefit shall be resumed by the
insurance authority responsible for the benefit originally granted, provided
that the state of long-term sickness or invalidity is attributable to the
disease or disablement in respect of which such benefit was previously granted.

ARTICLE 11 
A national of either Contracting Party,
who goes from the territory of one Party to the territory of the other, and
who is either in receipt of long-term sickness benefit provided for by the
legislation of the United Kingdom in respect of a disease or disablement which
has been certified to be chronic prior to his departure, or is in receipt
of cash benefit for invalidity provided for by the legislation of the Italian
Republic, shall retain the right to such benefit, while he is in the latter
territory, under the same conditions as would have applied had he remained
in the former territory.
ARTICLE 12 
The competent authorities shall determine
by agreement the methods of medical and administrative supervision of any
national of either Party, who is in receipt of long-term sickness benefit
or cash benefit by virtue of this Section.
ARTICLE 13 
For the purposes of this Part “a long-term sickness benefit provided for by the legislation
of the United Kingdom” means — 
(a) sickness benefit, in respect of a period of
interruption of employment as defined in that legislation, which becomes payable
to a person after he has in that period become entitled to sickness benefit
for three hundred and twelve days;
(b) sickness benefit payment of which
is resumed under the conditions laid down in 
Article 10.
SECTION 3
ARTICLE 14 

(1) Where a national of either ontracting
Party, who has been insured for an old age pension under the legislation of
both Parties, submits a claim for such a pension to the insurance authority
of one Party, that insurance authority shall inform the insurance authority
of the other Party. In these cases the insurance authority of each Party shall—

(a) for the purpose of deciding whether such
national is entitled to a pension under the legislation of that Party, treat
any period during which he was insured under the legislation of the other
Party as a period during which he was insured under its own national legislation,
and, subject to the provisions of Article 22
, treat any contributions which have been paid
(or credited as paid) in respect of him under the legislation of the latter
Party as contributions paid or credited under its own national legislation,
and
(b) if the national is entitled to a pension
under its own national legislation calculate the pension due to him in the
following manner. It shall first calculate the pension that would have been
due to the national concerned under its own national legislation if all the
contributions paid (or credited as paid) in respect of him under the legislation
of the other Party had been paid or credited under its own national legislation.
The pension actually due to the national concerned from the said insurance
authority shall be that part of the pension so calculated which bears the
same relation to the whole of the calculated pension as the total of all the
periods for which contributions have been paid (or credited as paid) in respect
of him under its own national legislation bears to the total of all the periods
for which contributions have been so paid or credited under the legislation
of both Parties.
(2) For the purpose of applying 
paragraph (1) of this Article—
(a) the expression in that paragraph “contributions paid (or credited as paid) in respect of
a national” shall be deemed to mean 
contributions paid (or credited as paid) in respect of the husband of a national
in those cases where the national concerned is a woman claiming an old age
pension by virtue of her husband's insurance;
(b) where contributions have been paid (or
credited as paid) in respect of a national of either Party under the legislation
of the United Kingdom and are treated as having been so paid or credited under
the legislation of the Italian Republic, they shall be deemed to have been
paid at the average rate of the contribution in fact paid (or credited as
paid) in respect of that national under the legislation of the Italian Republic.

(3) Effect shall be given to the provisions
of Articles 31, 
32 and 33
in applying paragraphs (1)
and (2) of this Article.

(4) A national of either Party may be entitled
to receive, by virtue of the preceding paragraph of this Article, either a
pension from the insurance authority of one of the two Parties or pensions
from the insurance authorities of both Parties.
ARTICLE 15 

(1) A national of either Contracting Party
may, at the time when his right to any benefit mentioned in 
Article 14 becomes established, choose not
to take advantage of the provisions of that Article. In that case the benefit
to which he is entitled under the legislation of each Party shall be paid
to him separately by its insurance authority, and for this purpose it shall
take into account only the periods during which he has been insured under
its own legislation and the contributions which have been paid (or credited
as paid) under that legislation.
(2) Such national shall be entitled to make
a fresh choice between taking advantage of the provisions of 
Article 14 and those of this Article when it
is in his interest to do so.
ARTICLE 16 

(1) Where a national of either Contracting
Party is entitled to an old age pension under the legislation of one Party,
he shall be entitled to receive such pension at the appropriate rate, while
he is in the territory of the other Party.
(2) For the application of 
paragraph (1) of this Article, the provisions
of the legislation of the United Kingdom respecting the earnings of the national
concerned and of his wife shall be applied in Italy by the appropriate Italian
insurance authority.
SECTION 4
ARTICLE 17 
The provisions relating to old age insurance
contained in Articles 14
and 16 shall apply (with
such modifications as the differing nature of the benefits shall require)
to the grant of a survivor's pension to the widow of a national of either
Contracting Party or for a child who has lost one or both parents; but they
shall not apply to the grant of a pension under the legislation of the Italian
Republic to a widower or for a child whose father is alive.
SECTION 5
ARTICLE 18 

(1) Where a national of either Contracting
Party would be entitled to any benefit (including any increase thereof or
any additional allowance payable therewith) under the legislation of one Party
in respect of an industrial accident or an occupational disease or injury
but for his absence from the territory of that Party, that national shall
be entitled to and may receive such benefit in respect of any period during
which he is in the territory of the other Party.
(2) The competent authorities shall co-operate
in arranging for the medical examination, and in securing the medical and
administrative supervision, of any person in receipt of benefit in respect
of an industrial accident or an occupational disease or injury.
SECTION 6
ARTICLE 19 

(1) In all cases where under the legislation
of one Contracting Party any benefit, or increase of benefit, would be paid
in respect of a dependant (other than a child to whom 
paragraph (2) of this Article applies), if
the dependant had been in the territory of that Party, such benefit or increase
thereof shall be paid in cases where the dependant is in the territory of
the other Party.
(2) In the case where a benefit, or increase
of benefit, would be paid in respect of a child or in respect of a dependant
having the care of a child, if such child were in one territory, such benefit
or increase thereof shall be paid notwithstanding that the child is in the
other territory.
ARTICLE 20 

(1) Where, under the provisions of 
Sections 2, 3, 
4 and 5
of this Part, benefit is payable by an insurance authority of one Contracting
Party to a person in the territory of the other Party, the payment will be
made by the appropriate insurance authority of the latter Party as agent for
the former authority—
(a) in relation to the United Kingdom, in
the case of—
(i) long-term sickness benefit,
(ii) old age pensions,
(iii) benefit for widowhood or orphanhood,

(iv) pensions (including pensions payable
to survivors) in respect of industrial accidents, or of occupational diseases
or injuries, where such pensions have been finally assessed;
(b) in relation to the Italian Republic,
in the case of—
(i) cash benefit in respect of invalidity,

(ii) old age pensions,
(iii) pensions (including pensions payable
to survivors) in respect of industrial accidents or occupational diseases.

(2) In all other cases the benefit shall
be paid to the person entitled to receive it by the insurance authority from
which it is due.
ARTICLE 21 

(1) Any benefit specified in 
paragraph (1)(a) of Article 20, and payable
in Italy in accordance with the provisions of that Article, may be paid, except
in the case of a lump-sum payment, in arrear at monthly intervals.
(2) Any question as to the right to any benefit
referred to in paragraph (1)(a) of Article 20
 shall be determined by the competent authority
of the United Kingdom after such enquiry and consultation as it may deem necessary.
Its decision, without prejudice to the right to review such decision if new
facts are brought to its notice, shall be final.
ARTICLE 22 
In so far as contributions have been
paid (or credited as paid) under the legislation of both Contracting Parties
in respect of the same period, account shall be taken, for the purpose of 
paragraph (1)(c) of Article 8, of paragraph (1) of Article 9
or of paragraph (1) of Article 14,
of those contributions which were paid (or credited as paid) under the legislation
of the Party in whose territory the person concerned was resident at the time.

PART IV
ARTICLE 23 
The competent authorities—
(1) shall make such administrative arrangements,
as may be required, for the application of the present Convention;
(2) shall communicate to each other information
regarding any measures taken by them for the application of the Convention;
and
(3) shall communicate to each other information
regarding any changes made in their legislation, which affect the application
of the Convention.
ARTICLE 24 
The competent authorities and the insurance
authorities shall furnish one another assistance in the application of the
present Convention as if the matter were one affecting the application of
their own insurance schemes.
ARTICLE 25 

(1) The benefit of any exemption from legal
dues, charges and fees, provided for in the legislation of one Contracting
Party in respect of any certificate or other document, shall be extended in
relation to any certificate or other document required for the purpose of
applying the legislation of the other Party.
(2) Any requirement imposed by the legislation
of either Party relating to the legislation or authentication by its diplomatic
or consular officials of any certificate or other document shall be waived
in connexion with any certificate or other document which has to be produced
for the purpose of applying the present Convention.
ARTICLE 26 
Any claim, notice or appeal which should
have been presented to the insurance authority of one Contracting Party, but
which is in fact presented to the insurance authority of the other Party,
shall be treated as if it had been presented to the insurance authority of
the former Party. In such cases, the insurance authority of the latter Party
shall, as soon as possible, transmit the claim, notice or appeal to the insurance
authority of the former Party.
ARTICLE 27 
The competent authorities and the insurance
authorities may correspond in their own official language directly with one
another or with any person concerned (or his legal representative) in regard
to the application of the present Convention.
ARTICLE 28 
Any claim or document, presented by
a national of either Contracting Party or his dependents to the competent
authorities of one Party or to their insurance authorities pursuant to the
present Convention, may be written in the official language of the other Party.

ARTICLE 29 

(1) Payment of any benefit in accordance
with the provisions of the present Convention may be made in the currency
of the Contracting Party whose insurance authority makes the payment.
(2) Where the insurance authority of one
Contracting Party has, under the present Convention, paid any benefit in the
currency of that Party on behalf of the insurance authority of the other Party,
the latter authority shall discharge its liability to the former authority
by repaying in the currency of the former Party the exact amount of the benefit
so paid.
ARTICLE 30 
The competent authorities or the insurance
authorities may, in the event of a disagreement regarding responsibility for
the payment of any benefit referred to in the present Convention, make provisional
payments to the person concerned pending the settlement of the disagreement.

ARTICLE 31 
The competent authorities shall, subject
to the provisions of Article 32,
determine by agreement in what manner and within what times claims and notices
of retirement may be made or given in relation to any old age pension referred
to in the present Convention and the date from which any such pension shall
be payable.
ARTICLE 32 
A United Kingdom old age pension, which
within a period of six months after the entry into force of the present Convention
becomes payable by virtue of its provisions, shall be paid from the date on
which it becomes so payable, if, within the said period, the claim therefor
is made and any relevant notice of retirement is given. If, within the said
period, the claim is not made or any such notice is not given, the provisions
of Article 31
shall apply.
ARTICLE 33 

(1) In any case where a national of either
Contracting Party left United Kingdom territory, as defined in 
paragraph (1) of Article 1, before 5th July,
1948, and had previously received one or more payments of old age pension
under the legislation of the United Kingdom, he shall be entitled, if he is
in Italy, to draw such a pension at the rate prescribed in 
paragraph (3) of this Article appropriate to
him, and on the same conditions as if he were in the said territory, provided
that he furnishes satisfactory evidence of identification.
(2) In any case where a national of either
Party left the said territory before 5th July, 1948, and would have been able,
but for his absence from that territory, to receive, before that date, payments
of old age pension under the said legislation, he shall be entitled to draw
such a pension on the conditions set out in 
paragraph (1) of this Article, provided that,
before he left the said territory, one or more contributions in respect of
insurance for such a pension had been paid since 1st July, 1940, by or in
respect of him (or, in the case of a pension the right to which is acquired
by a married woman by virtue of her husband's insurance, by or in respect
of her husband).
(3) The rate of pension payable under the
provisions of paragraphs (1)
and (2) of this Article
shall be determined as follows:—
(a) if the pension was paid before the pensioner
left the said territory the rate shall be the rate applicable in the territory
at the time when the pension was last paid;
(b) if the pension was not paid before the
pensioner left the said territory by reason of delay in making, or failure
to make, a claim, the rate shall be the rate of pension to which the pensioner
was entitled immediately before his leaving the said territory;
(c) if the pension was not paid before the
pensioner left the said territory because the pensioner (or her husband, as
the case may be) had not then attained pensionable age, the rate shall be
the rate at which the pension would have been paid had the pensioner remained
in the said territory until the pensioner (or her husband, as the case may
be) attained that age.
(4) Where a national of either Party insured
under the legislation of the United Kingdom left the said territory before
5th July, 1948, and attained pensionable age after that date, he shall be
entitled to have any contribution which was paid (or credited as paid) after
1st July, 1940, in respect of him under that legislation, taken into account
for the purpose of determining his right to a pension under the present Convention,
provided that, within the period during which he was regarded under that legislation
as having continued to be insured, he became insured and continued to be insured,
until 5th July, 1948, under Italian legislation.
ARTICLE 34 
The provisions of 
Articles 31, 32
and 33 shall apply in relation
to benefits in respect of widowhood and orphanhood subject to such modifications
as the differing nature of such benefits shall require.
ARTICLE 35 

(1) No provision of the present Convention
shall confer a right to receive any payment of benefit for a period before
the date of the entry into force of the Convention.
(2) Subject to 
paragraph (1) of this Article, where a benefit
(other than a lump-sum payment) is payable in accordance with the provisions
of the Convention in respect of an event for which benefit is provided for
under the legislation of either Contracting Party, it shall be paid notwithstanding
that the event in respect of which the benefit is claimed occurred before
the date of the entry into force of the Convention, and for this purpose—

(a) Any benefit which has been either suspended
or never awarded because the person concerned has not made a claim or is absent
from the territory of either Party shall, from that date, be paid or determined
and paid, as the case may be, in accordance with the provisions of the Convention;

(b) Any benefit which has been determined
shall, where necessary, be determined afresh from that date, in accordance
with the provisions of the Convention, provided that its capital value has
not been liquidated.
(3) Any period during which a national of
either Party has been insured before the date of the entry into force of the
Convention and also the contributions which have been paid (or credited as
paid) in respect of that national before that date shall, subject to the provisions
of Article 33,
be taken into account for the purpose of determining the right to benefit
in accordance with the provisions of the Convention.
ARTICLE 36 

(1) The Contracting Parties shall endeavour
to resolve by negotiation any disagreement which may arise as to the interpretation
or application of the present Convention.
(2) If any such disagreement cannot be resolved
by negotiation within a period of three months from the commencement of the
negotiation, the disagreement shall be submitted to arbitration by an arbitral
body whose composition and procedure shall be agreed upon by the Contracting
Parties, or, in default of such agreement within a further period of three
months, by an arbitrator chosen at the request of either Party by the President
of the International Court of Justice.
(3) The decision of the arbitral body, or
arbitrator, as the case may be, shall be accepted as final and binding.
ARTICLE 37 
The Contracting Parties shall, where
necessary, conclude one or more agreements based on the principles of the
present Convention for the purpose of supplementing its provisions.
ARTICLE 38 
In the event of the termination of the
present Convention, any right acquired by a person in accordance with its
provisions shall be maintained and negotiations shall take place for the settlement
of any rights then in course of acquisition by virtue of those provisions.

ARTICLE 39 
The present Convention shall be ratified
and the instruments of ratification shall be exchanged in Rome as soon as
possible. The Convention shall enter into force on the first day of the month
following the month in which the instruments of ratification are exchanged.

ARTICLE 40 
The present Convention shall remain
in force for a period of one year from the date of its entry into force. Thereafter
it shall continue in force from year to year unless it is denounced in writing
three months before the expiry of any such yearly period.
In witness whereof the undersigned, duly authorised by their respective
Governments, have signed the present Convention and affixed thereto their
seals.
Done in duplicate at Rome the twenty-eighth day
of November 1951, in the English and Italian languages, both texts being equally
authoritative.
For the United Kingdom of Great Britain and Northern Ireland:

ANTHONY EDEN
For the Italian Republic:
DE GASPERI

