
1 

(1) This Order may be cited as the 
Social Security (Spain) Order 1976 and shall
come into operation on 15th November 1976.
(2) Any reference in this Order to any provision
made by, or contained in, any enactment or instrument shall, except insofar
as the context otherwise requires, be construed as a reference to that provision
as amended or extended by any enactment or instrument, and as including a
reference to any provision which it re-enacts or replaces, or which may re-enact
or replace it, with or without modification.
(3) The rules for the construction of Acts
of Parliament contained in the 
Interpretation Act 1889 shall apply for the
purposes of the interpretation of this Order as they apply for the interpretation
of an Act of Parliament.
2 
The Social Security Act 1975
shall be modified and the Family Allowances,
National Insurance and Industrial Injuries (Spain) Order 1975
shall be varied to such extent as may be required to give effect to the provisions
contained in the Notes set out in the Schedule to this Order, so far as the
same relate to England, Wales and Scotland.
N. E. Leigh

SCHEDULE
Article 2


No. 1
4 November 1976


Your Excellency

I have the honour to refer Your 
Excellency to the Convention on Social Security between the Government of
the United Kingdom of Great Britain and Northern Ireland and the Government
of Spain signed on 13 September 1974.

As the Spanish authorities are aware, in consequence
of a recent decision by one of the competent insurance authorities of the
United Kingdom, it has been found that Article
5(2) of the Convention, which is a unilateral
provision, has wider effect than the Government of the United Kingdom intended. 
Article 5(2) of the Convention reads as follows:—
“
(2) Subject to the provision
of Articles 12(2), 
15(5), 21(2) and 
22 of this Convention, where a person claims
any benefit under the legislation of the United Kingdom no provision of that
legislation which would affect his claim by reason of his absence or the absence
of a child, adult dependant or other person from the United Kingdom shall
apply to him if he, the child, adult dependant or other person, as the case
may be, is, or was, at the time in question, in Spain.”

In the same way as Article 5(1)
relates to dependency benefit payable under the legislation of Spain, it was
intended that Article 5(2)
should relate only to dependency benefit payable under the legislation of
the United Kingdom, for the purpose of ensuring that that benefit would be
payable in respect of dependants of a person claiming benefit, notwithstanding
the absence of himself or his dependants in Spain.


In order to make it clear that it was not the intention to allow United Kingdom
unemployment benefit to be drawn in respect of absence from the United Kingdom,
the Government of the United Kingdom now proposes to amend 
Article 5(2) to read as follows:—“
(2) Subject to the provisions
of Articles 12(2), 
15(5), 21(2) and 
22 of this Convention, where a person claims
an increase of any benefit in respect of a dependant, child's special allowance
or guardian's allowance, under the legislation of the United Kingdom no provision
of that legislation which would affect that claim by reason of his absence
or the absence of a child, adult dependant or other person from the United
Kingdom shall apply to him in respect of that claim if he, the child, adult
dependant or other person, as the case may be, is, or was, at the time in
question, in Spain.”

In addition, the Government of the United Kingdom wish to take
this opportunity to make an amendment to Article
23 of the Convention. 
Sub-paragraph (3) of this Article, which is
a further unilateral provision, was included in the Convention for the purpose
of a provision of the legislation of the United Kingdom which has been repealed
with effect from 6 April 1975. The Government of the United Kingdom now proposes
that Article 23(3)
be deleted from the Convention.

If these proposals are
acceptable to the Government of Spain, I have the honour to suggest that this
Note and your reply to that effect shall constitute an agreement between out
two Governments which shall enter into force on 15 November 1976.

I avail myself of this opportunity to renew to Your Excellency
the assurance of my highest consideration.
I. S. Winchester
[For the Secretary of State]

No. 2
[Translation
]

4 November 1976

Sir

I have the honour to acknowledge receipt
of your Note of 4 November 1976 which reads as follows:—

[The Note here sets out
the text of No. 1]

As the Joint Commission
established in accordance with Article 25
of the Convention on Social Security between the United Kingdom and Spain
has approved the note set out above, and as the Spanish delegation consider
that the proposals therein do not substantially modify the terms of that Convention,
I have the honour to state that the Government of Spain accepts the proposals
of the Government of the United Kingdom of Great Britain and Northern Ireland
and agrees that your Note and the present reply shall constitute an agreement
between the two governments.

I avail myself of this opportunity to renew to you, Sir, the
assurance of my highest consideration.
Perinat

