
1984 No. 125
SOCIAL SECURITY
The Social Security (Finland) Order 1984
Made 8th February 1984
At the Court at Buckingham Palace, the 8th day of February 1984Present,The Queen's Most Excellent Majesty in CouncilWhereas at London on the 12th December 1978 a Convention on social security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Finland (hereinafter referred to as “the Convention”) and a Protocol supplementing the Convention (hereinafter referred to as “the 1978 Protocol”) were signed on behalf of those Governments:And Whereas at London on the 21st March 1980 and on the 24th January 1983 further protocols (hereinafter referred to as “the amending protocols”) were signed on behalf of those Governments amending the Convention with effect from the date of entry into force of the Convention (the Convention as so amended being set out in Schedule 1 to this Order):And Whereas by Article 33 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 5 of the 1978 Protocol (which is set out in Schedule 2 to this Order) it is provided that the 1978 Protocol shall form an integral part of the Convention:And Whereas the Convention has been ratified by the said Governments and the instruments of ratification were exchanged on the 30th December 1983 and accordingly the Convention and the amending protocols entered into force on the 1st February 1984:And Whereas by section 143 of the Social Security Act 1975 and section 15(1) of the Child Benefit Act 1975 it is provided that Her Majesty may by Order in Council make provision for modifying or adapting the said Social Security Act and for modifying the provisions of Part I of the said Child Benefit Act and regulations made under it in their application to cases affected by agreements with other governments providing for reciprocity in matters specified in those sections:Now, therefore, Her Majesty, in pursuance of the said section 143, and the said section 15(1), 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:—
Citation
1 
This Order may be cited as the Social Security (Finland) Order 1984.
Modification of the Social Security Act 1975
2 
The Social Security Act 1975 shall be modified to such extent as may be required to give effect to the provisions contained in the Convention, as amended by the amending protocols, so far as the same relate to England, Wales and Scotland.
Modification of the Child Benefit Act 1975
3 
Part I of the Child Benefit Act 1975 and any regulations made under it shall be modified to such extent as may be required to give effect to the provisions contained in the Convention, as amended by the amending
protocols, so far as the same relate to England, Wales and Scotland.
Revocation and variation of Orders
4 

(1) The Family Allowances, National Insurance and Industrial Injuries (Finland) Order 1960 is hereby revoked.
(2) The reference to the said Order of 1960 shall be omitted in Schedule 1 to the Social Security (Reciprocal Agreements) Order 1976, the Schedule to the Social Security (Reciprocal Agreements) Order 1979 and in Schedules 1 and 2 to the Social Security (Reciprocal Agreements) Order 1982.
N.E. Leigh
Clerk of the Privy Council

SCHEDULE 1

(The provisions inserted or substituted by the amending protocols are shown in italics.)
CONVENTION ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE REPUBLIC OF FINLAND 
The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Finland; 
Having established reciprocity in the field of social security by means of the Convention which was signed on their behalf at Helsinki on 28 July 1959; 
Desiring to extend and modify the scope of that reciprocity and to take account of changes in their legislation; 
Have agreed as follows; 

PART I General Provisions
ARTICLE 1 

(1) For the purpose of this Convention:
(a) “the United Kingdom” means the United Kingdom of Great Britain and Northern Ireland;
(b) “territory” means , in relation to the United Kingdom, England, Scotland, Wales, Northern Ireland and also the Isle of Man, and,
in relation to Finland, the territory of the Republic of Finland;
(c) “legislation” means the legislation specified in Article 2 of this Convention which is in force
in the territory of one (or the other) Party or in any part of that territory;
(d) “competent
authority” means the authority
responsible for the social security schemes in all or part of the territory
of each Party; in relation to the territory of the United Kingdom, the Secretary
of State for Social Services, the Department of Health and Social Services
for Northern Ireland or the Isle of Man Board of Social Security, as the case
may require, and, in relation to Finland the Ministry of Social Affairs and
Health;
(e) “insurance
authority” means , in relation
to the territory of the United Kingdom, the authority competent to decide
entitlement to the benefit in question, and, in relation to Finland, the competent
institution;
(f) “competent
institution” means the authority
from which the person concerned is entitled to receive benefit or would be
entitled to receive benefit if he were resident in the territory of the Party
where that authority is situated;
(g) “insured” means , in relation to the territory
of the United Kingdom, that contributions have been paid or are payable by
or have been credited in respect of the person concerned and, for the purpose
of Section 5 of Part III
of this Convention, that the person is, or is treated as being, an employed
person, and in relation to Finland, a person who belongs to a social insurance
scheme according to the Finnish legislation;
(h) “insurance
period” means , in relation to
the territory of the United Kingdom, a contribution period or an equivalent
period; and, in relation to Finland, a period during which a person has belonged
to a social insurance scheme according to the Finnish legislation;
(i) “contribution
period” means a period in respect
of which contributions appropriate to the benefit in question are payable,
have been paid or treated as paid under the legislation of one (or the other)
Party;
(j) “equivalent
period” means , in relation to
the territory of the United Kingdom, a period for which contributions appropriate
to the benefit in question have been credited under the legislation of that
Party;
(k) “dependant” means a person who would be treated
as such for the purpose of any claim to receive benefit in respect of a dependant
under the legislation of the territory of the United Kingdom or Finland;
(l) “pension”, “allowance”
or “benefit” include any increase of, or any additional amount payable with a
pension, allowance or benefit respectively;
(m) “sickness
benefit” means , in relation to
the territory of the United Kingdom, sickness benefit payable under the legislation
of that Party and, in relation to Finland, the daily allowance payable during
a period of disability as a result of sickness;
(n) “unemployment
benefit” means , in relation to
the territory of the United Kingdom, unemployment benefit payable under the
legislation of that Party and, in relation to Finland, the benefits payable
under the National Unemployment Funds Act and the Employment Act;
(o) “maternity
benefit” means , in relation to
the territory of the United Kingdom, maternity grant and maternity allowance
payable under the legislation of that Party, and in relation to Finland, the
daily allowance payable during the confinement or maternity under the Sickness
Insurance Act and the cash benefit payable under the Maternity Grant Act;
(p) “invalidity
pension” means , in relation to
the territory of the United Kingdom, invalidity benefit, other than non-contributory
invalidity pension, payable under the legislation of that Party, and in relation
to Finland, pensions payable during invalidity under the Employment Pension
legislation;
(q) “old
age pension” means , in relation
to the territory of the United Kingdom, a retirement pension payable under
the legislation of that Party and, in relation to Finland, pensions payable
after reaching a certain pensionable age according to the National Pension
legislation and the Employment Pension legislation;
(r) “widow's
benefit” means , in relation to
the territory of the United Kingdom, widow's allowance, widowed mother's allowance
and widow's pension payable under the legislation of that Party, and in relation
to Finland, survivor's pension to widows and to children in her care according
to the Survivors' Pensions Act and the Employment Pension legislation;
(s) “ship
or vessel” means , in relation
to the territory of the United Kingdom, any ship or vessel whose port of registry
is a port in the territory of the United Kingdom or, in the case of a hovercraft,
which is registered in and whose owner has a place of business in the territory
of the United Kingdom or any other ship or vessel of which the owner (or managing
owner if there is more than one owner) or manager resides or has his principal
place of business in that territory and, in relation to Finland, any ship
or vessel which sails under the Finnish flag;
(t) “gainfully
occupied” means being an employed
or self-employed person;
(u) “employed
person” means a person who comes
within the definition of an employed person or an employed earner or a person
who is treated as such in the applicable legislation and the
words “person is employed” shall be construed accordingly;
(v) “employment” means employment as an employed person and the words “employ”, “employed”
or “employer” shall be construed accordingly;
(w) “self-employed
person” means a person who comes
within the definition of a self-employed person or a self-employed earner
or a person who is treated as such in the applicable legislation
and the words “person is self-employed” shall be construed accordingly.
(x) “Agreement” means the agreement dated 2 May 1992 and made between the European Community, its Member States and the European Free Trade Association States establishing the European Economic Area;
(y) “Regulation EEC 1408/71” means the Regulation (EEC) No1408/71 of the Council on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and includes amendments and adaptations from time to time applicable thereto;
(z) “Implementing Regulation” means the Regulation (EEC) No574/72 of the Council laying down the procedure for implementing Regulation (EEC) No1408/71 on the application of social security schemes to employed persons, to self-employed persons and to their families moving within the Community and includes amendments and adaptations from time to time applicable thereto;
(2) Other words and expressions which are
used in the Convention have the meanings respectively assigned to them in
the legislation concerned.
ARTICLE 2 

(1) The provisions of this Convention shall
apply:
(a) in relation to the territory of the United
Kingdom, to:
(i) the Social
Security Act 1975 and the Social Security (Northern Ireland) Act 1975;
(ii) the Social
Security Act 1975 (an Act of Parliament) as
applied to the Isle of Man by orders made under the provisions of the Social Security Legislation (Application) Act 1974
(an Act of Tynwald);
(iii) The Child
Benefit Act 1975, the Child Benefit (Northern Ireland) Order 1975
and the Child Benefit Act 1975
(an Act of Parliament) as applied to the Isle of Man by the Social Security Legislation (Application) (Child Benefit) Order 1976,
an order made by virtue of Section 1
of the Social Security Legislation (Application) Act 1974 (an Act of Tynwald);and the legislation which was consolidated by those Acts or Orders
or by legislation consolidated by them;
(b) in relation to Finland to:
(i) the Sickness
Insurance Act of 4 July 1963 and the Maternity Grant Act of 13 June 1941;
(ii) the Accident
Insurance Act of 20 August 1948 and the Occupational Diseases Act of 29 December 1967,
and the laws connected with them;
(iii) the National
Pensions Act of 8 June 1956, the Survivors' Pensions Act of 17 January 1969,
the Assistance Supplements and Housing Allowances
Act of 4 July 1969 and the Child Care Allowances Act of 4 July 1969, and
the laws connected with them;
(iv) the Employees'
Pensions Act of 8 July 1961, the Temporary Employees' Pensions Act of 9 February 1962,
the Farmers' Pensions Act of 14 July 1969,
the Self-Employed Pensions Act of 14 July 1969, the Seamen's
Pension Act of 26 January 1956, the Pensions Act for the Employees of the Local Government of 30 April 1964,
the Pensions Act for the Trusted Persons of the
Local Government of 21 July 1977, the Evangelical-Lutheran Church Pensions Act of 20 May 1966,
the Evangelical-Lutheran Church Survivors' Pensions
Act of 10 April 1970, the Government Employees' Pensions Act of 20 May 1966,
and the Government Employees' Survivors' Pensions
Act of 31 December 1968, and the laws connected
with them;
(v) the Child
Allowance Act of 22 July 1948;
(vi) the National
Unemployment Funds Act of 23 March 1934 and
the Employment Act of 23 December 1971.
(2) Subject to the
provisions of paragraph (4) of this Article, this Convention shall also apply to any legislation
which supersedes, replaces, amends, supplements or consolidates the legislation
specified in paragraph (1) of this Article and to any legislation which is not specified
in paragraph (1)(b) of this Article but which relates to contributions appropriate
to the benefits under the legislation there specified.
(3) This Convention shall apply to any legislation
which relates to a branch of social security not covered by the legislation
specified in paragraph (1)
of this Article, only if the two Parties make an arrangement to that effect.
(4) This Convention shall not apply to any
agreement on social security which either Party has concluded with a third
party or to any laws or regulations which amend the legislation specified
in paragraph (1)
of this Article for the purpose of giving effect to such an agreement.
(5) Reciprocity in the field of medicine
and public health, including the provision of immediate treatment of nationals
of one Party while they are temporarily in the territory of the other Party,
is provided for in a protocol signed simultaneously with this Convention.
Article 2A 

(1) Subject to paragraph (2), this Convention and the Protocol thereto concerning Health Care and Co-operation in the field of medicine and public health shall as from the date of entry into force of the Agreement and as regards relations between England, Scotland, Wales, Northern Ireland and Finland cease to apply to all persons to whom the provisions of Regulation EEC 1408/71 and the Implementing Regulation are at that date or subsequently become applicable. Any rights in course of acquisition under this Convention immediately before the date of entry into force of the Agreement shall as regards persons to whom the Convention is disapplied by the provisions of this paragraph be determined in accordance with the provisions of those Regulations.
(2) The provisions of this Convention shall continue to apply to:
(a) any award of a benefit, pension or allowance made prior to the date upon which the Agreement comes into force;
(b) any claim to a benefit, pension or allowance made but not determined at the date upon which the Agreement comes into force;
(c) any claim to a benefit, pension or allowance made after the date the Agreement comes into force but only where that claim relates to entitlement to such benefit, pension or allowance for a period prior to the date upon which the Agreement comes into force.
ARTICLE 3 

(1) A person subject to the legislation of
one Party who becomes resident in the territory of the other Party shall,
together with his dependants, be subject to the obligations and shall enjoy
the advantages of the legislation of the other Party under the same conditions
as a national of that Party, subject to any special provision of this Convention.
(2) For the purpose of Article 8 of the Supplementary Benefits
(Northern Ireland) Order 1977, a national of
either Party shall be treated as if he had been resident in the United Kingdom
during any period during which he was resident in Finland.
ARTICLE 4 

(1) Subject to the provisions of Articles 11 to 22 of this Convention,
where a person would be entitled to old age pension or widow's benefit or
any pension, allowance or gratuity payable in respect of an industrial injury
or industrial disease under the legislation of one Party if he were in the
territory of that Party, he shall be entitled to that benefit while he is
in the territory of the other Party as if he were in the territory of the
former Party.
(2) Subject to the provisions in Part III of this Convention, where a person
claims any benefit, or an increase of any benefit, in respect of a dependant,
under the legislation of either Party, no provision of the Party's legislation
which is applicable to the case and which would affect that claim by reason
of his absence or the absence of a child, adult dependant or other person
from the territory of that Party, 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 the territory of the other Party.
PART II Provisions which Determine the Legislation Applicable
ARTICLE 5 
Subject to the provisions of Articles 6 to 9 of this Convention,
a person's liability to be insured under the legislation of the United Kingdom,
whilst gainfully occupied, shall depend on his being so occupied in the territory
of the United Kingdom and, under the legislation of Finland, as concerns employment
pension, benefits for industrial injuries and diseases and benefit from an
unemployment fund, on his being gainfully occupied in that country and, in
other cases, on his being ordinarily resident there.
ARTICLE 6 

(1) Where a person, who is insured under
the legislation of one Party and is employed by an employer in the territory
of that Party, is sent by that employer to work in the territory of the other
Party, the legislation of the former Party shall continue to apply to him
as if he were employed in the territory of that Party provided that the employment
in the territory of the latter Party is not expected to last for more than
twelve months and that he is not sent to replace another employee who has
completed his period of posting. No contributions shall be payable in respect
of his employment under the legislation of the latter Party. Where, for unforeseen
reasons his employment in the territory of the latter Party continues after
such a period of twelve months, the legislation of the former Party shall
continue to apply to him for any further period of not more than twelve months,
provided that the competent authority of the latter Party agrees thereto before
the end of the first period of twelve months.
(2) The following provisions shall apply
to any person employed as a member of the travelling personnel of an undertaking
engaged in the transport of passengers or goods by railway, road, inland waterway
or air, whether for another undertaking or on its own account:
(a) subject to the provisions of sub-paragraphs (b) and (c)
of this paragraph, where a person is employed by an undertaking which has
its principal place of business in the territory of one Party, the legislation
of that Party shall apply to him, even if he is employed in the territory
of the other Party;
(b) subject to the provisions of sub-paragraph (c) of this paragraph, where
the undertaking has a branch or agency in the territory of one Party and a
person is employed by that branch or agency, the legislation of that Party
shall apply to him;
(c) where a person is ordinarily resident
in the territory of one Party and is employed wholly or mainly in that territory,
the legislation of that Party shall apply to him, even if the undertaking
which employs him does not have its principal place of business or branch
or any agency in that territory.
ARTICLE 7 

(1) Subject to the provisions of paragraphs (2), (3)
and (4) of this Article,
where a person who is ordinarily resident in the territory of either Party
is employed on board any ship or vessel of one Party, the legislation of that
Party shall apply to him as if any conditions relating to residence were satisfied
in his case.
(2) Where a person who is insured under the
legislation of one Party and employed in the territory of that Party or on
board any ship or vessel of that Party, is sent by an employer in the territory
of that Party to work on board a ship or vessel of the other Party, the legislation
of the former Party shall continue to apply to him provided that his employment
on board the ship or vessel of the latter Party is not expected to last for
a period of more than twelve months and that he is not sent to replace another
employeee who has completed his period of posting. Where for unforeseen reasons
his employment on board the ship or vessel of the latter Party continues after
such period of twelve months, the legislation of the former Party shall continue
to apply to him for any further period of not more than twelve months, provided
that the competent authority of the latter Party agrees thereto before the
end of the first twelve months.
(3) Where a person, who is not normally employed
at sea, is employed other than as a member of the crew, on board a ship or
vessel of one Party, in the territorial waters of, or at a port of, the other
Party, the legislation of the latter Party shall apply to him as if any conditions
relating to residence were satisfied in his case, provided that he is ordinarily
resident in the territory of one of the Parties.
(4) Where a person, who is ordinarily resident
in the territory of one Party and employed on board any ship or vessel of
the other Party, is paid remuneration in respect of that employment by a person
who is ordinarily resident in, or by an undertaking having its principal place
of business in, the territory of the former Party, the legislation of the
former Party shall apply to him as if the ship or vessel were a ship or vessel
of the former Party, and the person or undertaking by whom the remuneration
is paid shall be treated as the employer for the purposes of such legislation.
ARTICLE 8 

(1) This Convention shall not apply to established
members of the Diplomatic Service of either Party.
(2) Subject to the provision of paragraph (1) of this Article, where any person,
who is in the Government Service of one Party or in the service of any public
corporation of that Party, is employed in the territory of the other Party,
the legislation of the former Party shall apply to him as if he was employed
in its territory.
(3) Where a person, other than a person to
whom paragraphs (1) and (2) apply, is employed in a diplomatic mission
or consular post of one Party in the territory of the other Party, or in the
private service of an official of such a mission or post, the legislation
of the former Party shall apply to him as if he were employed in its territory,
but within three months of the entry into force of the present Convention,
or within three months of the beginning of the employment in the territory
of the latter Party, whichever is later, he may choose to be insured under
the legislation of the latter Party, provided that he was so insured in the
territory of the latter Party immediately before the commencement of the employment
at that mission or post.
ARTICLE 8A 
Where an employed
person, while insured under the legislation of the United Kingdom, is ordinarily
resident in Finland, the Government of Finland shall levy no contribution
payable under the legislation specified in Article 2 of the Convention
nor under the Employers Social Security
Contributions Act of 4 July 1963 in respect of the employment in question.
ARTICLE 9 
The competent authorities of the two
Parties may agree to modify the provisions of Articles 5 to 8 of this Convention
in respect of particular persons or categories of persons.
PART III Special Provisions
Section 1
Special Provisions Relating
to the Application of the Legislation of the Territory of the United Kingdom
ARTICLE 10 

(1) For the purpose of calculating an earnings
factor for entitlement to any benefit referred to in Articles 11 to 21 of this Part
of this Convention which is provided under the legislation of the territory
of the United Kingdom a person shall be treated for each week beginning in
a relevant tax year under the legislation of that Party the whole of which
week is a contribution period completed as an insured person under the legislation
of Finland, as having paid a contribution as an employed earner on earnings
equivalent to two-thirds of that year's upper earnings limit.
(2) For the purpose of converting to an insurance
period any earnings factor achieved in any tax year under the legislation
of the territory of the United Kingdom the competent authority of that Party
shall divide the earnings factor by that year's lower earnings limit. The
result shall be expressed as a whole number, any remaining fraction being
ignored. The figure so calculated, subject to a maximum of the number of weeks
during which the person was subject to that legislation in that year, shall
be treated as representing the number of weeks in the insurance period completed
under that legislation.
Section 2
Sickness and Maternity Benefit
and Invalidity Pension
ARTICLE 11 

(1) Where a person
has, since his last arrival in the territory of one Party, completed a contribution
period under the legislation of that Party or become resident there, as the
case may be, any insurance period completed under the legislation of the other
Party shall, subject to the provisions of Article 10 of this
Convention, be treated for the purpose of any claim for sickness benefit or
maternity allowance made under the legislation of the former Party, as if
it were an insurance period completed under the legislation of the former
Party.
(2) Where a person
would be entitled to sickness benefit or maternity allowance under the legislation
of one Party if he were in the territory of that Party he shall be entitled
to that benefit while he is in the territory of the other Party if:
(a) his condition necessitates immediate
treatment during a stay in the territory of the latter Party and, within three
days of commencement of incapacity for work or such longer period as the insurance
authority of the former Party may allow, he submits to the competent authority
of the former Party a certificate of incapacity for work issued by the doctor
treating him; or
(b) having become entitled to sickness benefit
or maternity allowance under the legislation of the former Party, he is authorised
by the competent institution to return to the territory of the Party where
he resides or to transfer his residence to the territory of the other Party;
or
(c) he is authorised by the competent institution
of the former Party to go to the territory of the latter Party to receive
there the treatment appropriate to his condition.The authorisation required in accordance with sub-paragraph (b) of this paragraph may be
refused only if it is established that movement of the person concerned would
be prejudicial to his state of health or the receipt of medical treatment.
(3) Where, but for the provisions of this
paragraph, a person would be entitled to sickness benefit or maternity allowance
under the legislation of both Parties for the same period whether by virtue
of the present Convention or otherwise, that benefit shall be granted exclusively
under the legislation under which the person was last insured.
ARTICLE 12 

(1) Where a woman
is confined in the territory of one Party, for the purpose of a claim for
maternity grant under the legislation of that Party periods of presence or
residence completed in the territory of the other Party shall, where necessary,
be treated as if they were periods of presence or residence completed in the
territory of the former Party.
(2) Where a woman
would be entitled to a maternity grant under the legislation of both Parties
in respect of the same confinement, whether by virtue of this Convention or
otherwise:
(a) the grant shall
be payable only under the legislation of the Party in whose territory the
confinement occurs; or
(b) if the confinement
does not occur in the territory of either Party, the grant shall be payable
only under the legislation of the Party under whose legislation the woman
was last insured before the confinement or, if she was never insured, under
the legislation of the Party under whose legislation her husband was last
insured before her confinement.
ARTICLE 13 

(1) Where under the legislation of the United
Kingdom a person is entitled to sickness benefit by virtue of the provisions
of paragraph (2) of Article 11
of this Convention, or would be entitled to invalidity pension if he were
in the territory of the United Kingdom, but he is not entitled to a pension
under the Finnish national pensions legislation, he shall be entitled while
he is in the territory of Finland to receive that benefit or pension under
the legislation of the United Kingdom as if he were in the territory of the
United Kingdom for a period of not exceeding five years except that the rate
of any benefit or pension payable shall be reduced by the amount of any benefit
payable for the same period in respect of incapacity for work under the legislation
of Finland, other than sickness benefit.
(2) Where under the legislation of Finland
a person is entitled to sickness benefit by virtue of the provisions of paragraph (2) of Article 11 of this Convention
he shall be entitled while he is in the territory of the United Kingdom to
receive that benefit for the maximum period it would have been payable if
he had been in the territory of Finland and thereafter his entitlement to
invalidity pension shall be determined under the legislation of the United
Kingdom as if he had received sickness benefit under that legislation for
168 days.
(3) The provisions
of paragraph (2) of Article 15 of this Convention shall apply mutatis mutandis for the purposes
of determining entitlement to additional component payable under the legislation
of the United Kingdom.
Section 3
Unemployment Benefit
ARTICLE 14 

(1) Where a person has, since his last arrival
in the territory of one Party, completed a contribution period under the legislation
of that Party, he shall be treated, for the purpose of a claim for unemployment
benefit under the legislation of that Party, as if any insurance period completed
under the legislation of the other Party were an insurance period completed
under the legislation of the former Party.
(2) The application of paragraph (1) under Finnish legislation presupposes
that the person concerned has been employed in Finland for at least four weeks
in total during the last twelve months before submitting his claim. Paragraph (1) shall apply, however, even when
his employment has terminated before the expiration of four weeks, if it was
terminated through no fault of the employed person and had been intended to
last for a longer period.
(3) Where a person claims unemployment benefit
under the legislation of one Party by virtue of paragraph (1) of this Article, any period for
which he received such benefit under the legislation of the other Party during
the last 12 months before the day for which his claim is made shall be taken
into account as if it were a period for which he had received such benefit
under the legislation of the former Party.
Section 4
Old Age Pension and Widow's
Benefit
ARTICLE 15 

(1) Where a person
is entitled to an old age pension (other than the basic component of a Category
B retirement pension payable to a married woman under the legislation of the
United Kingdom by virtue of the contributions of her husband) under the legislation
of one Party otherwise than by virtue of the provisions of this Convention,
that pension shall be payable and the provisions of Article 16 shall not
apply under that legislation.
(2) For the purposes of determining entitlement
to additional component payable under the legislation of the United Kingdom,
no account shall be taken of any insurance period completed under the legislation
of Finland; and for the purposes of this Article and Article 16 of this Convention additional component
shall be treated as a separate benefit to which the provisions of that Article 16 do not apply.
ARTICLE 16 

(1) Where a person is not entitled to an
old age pension under the legislation of the United Kingdom in accordance
with the provisions of Article 15
of this Convention, any insurance period which he has completed under the
legislation of Finland shall, subject to the provisions of Article 10 of this Convention, be treated as
if it were an insurance period completed under the legislation of the United
Kingdom, and his entitlement to an old age pension under the legislation of
the United Kingdom shall be determined in accordance with paragraphs (2) and (3)
of this Article.
(2) The insurance authority of the United
Kingdom shall determine:
(a) first the amount of the theoretical pension
which would be payable if all the insurance periods completed by him under
the legislation of both Parties had been completed under the legislation of
the United Kingdom; and then
(b) the amount of that part of such theoretical
pension, which bears the same relation to the whole as the total of the insurance
periods completed by him under the legislation of the United Kingdom bears
to the total of all the insurance periods which he has completed under the
legislation of both Parties.The amount thus calculated shall be the pension actually payable
to the person by the competent institution.
(3) For the purposes of the calculation in paragraph (2) of this Article, where all the
insurance periods completed by any person under the legislation of:
(a) either the United Kingdom or the Isle
of Man amount to less than one reckonable or, as the case may be, qualifying
year, or relate only to periods before 6 April 1975 and in aggregate amount
to less than 50 weeks;
(b) Finland in aggregate amount to less than
12 months;those periods shall be treated as if they had been completed under
the legislation of another part of the territory of that Party under which
a pension is, or if such periods are taken into account would be, payable,
or under the legislation of that part which would be most beneficial to that
person, or where no pension is or would be payable under the legislation of
any other part of that territory, under the legislation of the other Party.
(4) For the purpose of applying the provisions
of paragraph (2)
of this Article:
(a) the insurance
authority of the United Kingdom shall take account only of insurance periods
which are taken into account for the determination of pensions under the legislation
of that Party, and in relation to a woman, shall, where appropriate, take
into account in accordance with that legislation insurance periods completed
by her husband;
(b) no account shall be taken of any graduated
contributions paid under the legislation of the territory of the United Kingdom
and the amount of any graduated benefit payable by virtue of such contributions
shall be added to the amount of any pension payable in accordance with paragraph (2) of this Article under that legislation;
(c) any increase of pension in respect of
a child or children shall be excluded from the amount of pension calculated
in accordance with the provisions of paragraph
(2) of this Article.
(5) If an old age or invalidity pension according
to the Finnish National Pensions Act or a widow's benefit according to the
Finnish Survivors' Pensions Act is granted to a national of the United Kingdom
while living in Finland, he shall be entitled to receive this pension or benefit
while staying in the United Kingdom on the same conditions as a national of
Finland.
(6) Where a national of the United Kingdom
while living in the territory of the United Kingdom or in the territory of
Finland in other respects fulfils the qualifications for entitlement to the
old age pension according to the Finnish Pensions Act, he shall be granted
the basic amount of this pension on application, if he has been resident in
Finland for an unbroken period of at least five years after having reached
the age of 16 years.
(7) Where a national of the United Kingdom
while living in the territory of the United Kingdom or in the territory of
Finland in other respects fulfils the qualifications for entitlement to the
widow's benefit according to the Finnish Survivors' Pensions Act, the widow
shall be granted the basic amount of this benefit on application, if the deceased
and the widow had been resident in Finland for an unbroken period of at least
five years after having reached the age of 16 years. Survivor's pension to
children in the care of the widow shall be paid in full on the same conditions.
ARTICLE 17 
Where a person does not simultaneously
satisfy the conditions for entitlement of an old age pension under the legislation
of both Parties, his entitlement under the legislation of one Party shall
be established as and when he satisfies the conditions laid down by the legislation
of that Party.
ARTICLE 18 
The provisions contained in Articles 15 to 17 of this Convention
shall apply, with such modifications as the differing nature of the benefits
shall require, to widow's benefit.
Section 5
Benefits for Industrial Injuries
and Diseases
ARTICLE 19 

(1) Where a person is employed in the territory
of one Party and the legislation of the other Party 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 Party.
(2) Where a person sustains an industrial
accident after he leaves the territory of one Party to go in the course of
his employment to the territory of the other Party but before he arrives in
the latter territory, then, for the purpose of any claim for benefit in respect
of that accident:
(a) the accident shall be treated as if it
had occurred in the territory of the Party whose legislation applies to him
at the time the accident occurred; and
(b) his absence from the territory of that
Party shall be disregarded in determining whether his employment was as an
employed person under that legislation.
(3) Where a person would be entitled to benefit
in respect of incapacity for work as the result of an industrial accident
or disease under the legislation of one Party if he were in the territory
of that Party he shall be entitled to that benefit while he is in the territory
of the other Party if:
(a) he is temporarily resident in the territory
of the latter Party; or
(b) having become entitled to such benefit,
he is authorised by the competent institution to return to the territory of
the Party where he resides or to transfer his residence to the territory of
the other Party; or
(c) he is authorised by the competent institution
of the former Party to go to the territory of the latter Party to receive
there the treatment appropriate to his condition.The authorisation required in accordance with sub-paragraph (b) of this paragraph may be
refused only if it is established that movement of the person concerned would
be prejudicial to his state of health or the receipt of medical treatment.
ARTICLE 20 

(1) Where a person has sustained an industrial
injury or contracted an industrial disease, in respect of which the legislation
of one Party applies, and later sustains an industrial injury or contracts
an industrial disease in respect of which the legislation of the other Party
applies, then for the purpose of determining the degree of his disablement
under the legislation of the latter Party, account shall be taken of the former
injury or disease as if the legislation of the latter Party applied to it.
(2) Where a person contracts an industrial
disease, after having been employed in the territory of only one Party in
occupations to which, under the legislation of that Party, the disease may
be attributed, the legislation of that Party shall apply in his case, even
if the disease is first diagnosed in the territory of the other Party. This
shall apply also in relation to any aggravation of the disease, provided that
the person has not in the meantime been further exposed to the same risk in
the territory of the latter Party.
(3) Where a person contracts an industrial
disease, after having been employed in the territories of both Parties in
an occupation to which the disease may be attributed under the legislation
of both Parties, and he would be entitled to receive benefit in respect of
that disease under the legislation of both Parties, whether by virtue of this
Convention or otherwise, the benefit shall be payable only under the legislation
of the Party in whose territory he was last employed in that occupation before
the disease was diagnosed.
(4) Where a person has suffered an aggravation
of an industrial disease for which benefit has been paid in accordance with
the provisions of paragraphs (2)
and (3) of this Article,
the following provisions shall apply:
(a) if the person has not had further employment
in occupations to which the disease or the aggravation may be attributed,
or has had such employment only in the territory of the Party under whose
legislation benefit has been paid, any additional benefit to which he may
become entitled as a result of such aggravation shall be payable only under
that legislation;
(b) if the person makes a claim under the
legislation of the Party in whose territory he is employed on the grounds
that he has suffered an aggravation of the disease while he was employed in
the territory of that Party in occupations to which, under the legislation
of that Party, the aggravation may be attributed, the competent institution
of that Party shall be liable to pay benefit only in respect of the aggravation
as determined under the legislation of that Party.
ARTICLE 21 
Where, but for the provisions of this
Article and subject to the provisions of paragraph
(4)(b) of Article 20 of this Convention, a
person would have been entitled to any benefit payable in respect of an industrial
injury or disease under the legislation of both Parties, that benefit shall
be granted exclusively under the legislation of the territory in which the
person was last employed.
Section 6
Child Benefit
ARTICLE 22 

(1) Where a person is resident in the territory
of one Party and the legislation of the other Party applies to him in accordance
with any of the provisions of Articles
5 to 9 of this Convention he or a spouse residing
with him, shall be treated, for the purpose of any claim for child benefit
under the latter Party's legislation:
(a) as if he were present or resident, as
the case may be, in the territory of the latter Party; and
(b) as if any child of his family or any
child for whom he is responsible were present or resident, as the case may
be, in the territory of the latter Party, if he is present or resident, as
the case may be, in the territory of the former Party.
(2) For the purpose of determining entitlement
to child benefit under the legislation of the United Kingdom and subject to
the provisions of paragraph (1)
of this Article any period of presence completed by a person in the territory
of Finland, shall be treated as if it were a period of presence completed
by that person in the territory of the United Kingdom.
(3) Where, but for the provisions of this
paragraph child benefit would be payable under the legislation of both Parties
for the same period in respect of the same child, whether by virtue of this
Convention or otherwise, child benefit shall be paid only under the legislation
of the Party in whose territory the child concerned is ordinarily resident.
Section 7
Recovery of Advance Payments
and Overpayments of Benefit
ARTICLE 23 
Where a competent institution of one
Party has made a payment of any benefit for any period, any arrears of a corresponding
benefit which becomes payable for the same period under the legislation of
the other Party may be withheld, provided that the amount so withheld shall
not exceed the amount of the payment made by the former Party. Where a competent
institution of one Party has overpaid benefit for any period for which the
competent institution of the other Party afterwards becomes liable to pay
a corresponding benefit, the overpayment shall be regarded, for the purposes
of the first sentence of this paragraph, as an advance payment.
PART IV Miscellaneous Provisions
ARTICLE 24 

(1) The competent authorities of the two
Parties shall establish the administrative measures necessary for the application
of this Convention.
(2) The competent authorities of the two
Parties shall communicate to each other, as soon as possible, all information
about the measures taken by them for the application of this Convention or
about changes in their national legislation in so far as these changes affect
the application of the provisions of this Convention.
(3) The competent authorities, insurance
authorities, or competent institutions of the two Parties may, for the purpose
of applying the provisions of this Convention, correspond directly with one
another, or with any person affected by this Convention, or with his legal
representative.
ARTICLE 25 

(1) The competent authorities of the two
Parties shall assist one another on any matter relating to the application
of this Convention as if the matter were one affecting the application of
their own legislation. This assistance shall be free of charge.
(2) Where any benefit is payable under the
legislation of one Party to a person in the territory of the other Party,
the payment may be made by the competent institution of the latter Party,
at the request of the competent institution of the former Party.
(3) Where a person who is in the territory
of one Party has claimed benefit under the legislation of the other Party
and a medical examination is necessary, the competent institution of the former
Party, at the request of the competent institution of the latter Party, shall
arrange for and meet the cost of this examination.
ARTICLE 26 

(1) Where the legislation of one Party provides
that any certificate or other document which is submitted under the legislation
of that Party shall be exempt, wholly or partly, from any taxes, legal dues,
consular fees or administrative charges, this exemption shall apply to any
certificate or other document which is submitted under the legislation of
the other Party or under the provisions of this Convention.
(2) All statements, documents and certificates
of any kind required to be produced for the purposes of this Convention shall
be exempt from authentication by diplomatic or consular authorities.
ARTICLE 27 
Where any certificate, document or written
statement of any kind is submitted to a competent authority of one Party,
it shall not be rejected on the ground that it is written in the official
language of the other Party.
ARTICLE 28 

(1) Any claim, notice or appeal which should,
for the purposes of the legislation of one Party, have been submitted within
a prescribed period to the competent authority of that Party, shall be treated
as if it has been submitted to that authority, if it is submitted within the
same period to the competent authority of the other Party.
(2) Any claim for benefit submitted under
the legislation of one Party shall be deemed to be a claim for the corresponding
benefit under the legislation of the other Party in so far as this corresponding
benefit is payable in accordance with the provisions of this Convention.
(3) Any document submitted under the legislation
of Finland may, where appropriate, be treated as a notice of retirement given
under the legislation of the territory of the United Kingdom.
(4) In any case to which the provisions of paragraph (1), (2)
or (3) of this Article apply,
the authority to which the claim, notice, appeal or document has been submitted
shall transmit it without delay to the insurance authority of the other Party.
ARTICLE 29 

(1) Payment of any benefit in accordance
with the provisions of this Convention may be made in the currency of the
Party whose competent institution makes the payment and any such payment shall
constitute a full discharge of the obligation.
(2) Where the competent institution of one
Party has made a payment of benefit on behalf of the competent institution
of the other Party in accordance with the provisions of paragraph (2) of Article 25 of this Convention
any reimbursement of the amounts paid by the former competent institution
shall be in the currency of the latter Party.
(3) Any remittance to be made in accordance
with the provisions of this Convention shall be made in accordance with any
agreement binding the two Parties at the time when such remittance is made.
ARTICLE 30 
A person shall not be entitled, whether
by virtue of this Convention or otherwise, to sickness benefit, invalidity
pension or maternity allowance under the legislation of the territory of the
United Kingdom for any period during which he is entitled to a full daily
allowance in respect of an industrial accident or disease under the legislation
of Finland.
ARTICLE 31 

(1) Any dispute about the interpretation
or application of this Convention shall be resolved through agreement between
the competent authorities of each Party.
(2) If any such dispute cannot be resolved
in this manner, it shall be submitted, at the request of either Party, to
an arbitration tribunal which shall be composed in the following manner:
(a) each Party shall appoint a referee within
one month from receipt of the demand for arbitration. The two referees shall
appoint, from the nationals of a third country, a third referee within two
months from the date on which the Party which was the last to appoint its
referee has notified the other Party of the appointment;
(b) if within the prescribed period either
Party should fail to appoint a referee, the other Party may request the President
of the International Court of Justice to make the appointment. A similar procedure
shall be adopted at the request of either Party if the two referees cannot
agree on the appointment of the third referee.
(3) The decision of the arbitration tribunal
shall be by majority vote. Its decision shall be binding on both Parties.
Each Party shall bear the expenses of the referee appointed by it. The remaining
costs shall be borne equally by the two Parties. The arbitration tribunal
shall determine its rules of procedure.
PART V Transitional and Final Provisions
ARTICLE 32 

(1) Upon the entry into force of this Convention
the Convention signed at Helsinki on 28 July 1959 shall be terminated, and
shall be replaced by this Convention.
(2) Any right to benefit acquired by a person
in accordance with the provisions of the Convention signed at Helsinki on
28 July 1959 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) Benefit, 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 except that
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
having 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 the Convention signed at Helsinki on
28 July 1959 may, at the request of the person concerned, be determined afresh
in accordance with the provisions of this Convention from the date of entry
into force of this Convention, provided that the request has been made within
two years after that date;
(b) 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.
ARTICLE 33 
This Convention shall be ratified and
the instruments of ratification shall be exchanged in Helsinki as soon as
possible. This Convention shall enter into force on the first day of the second
month following the month in which the instruments of ratification are exchanged.
ARTICLE 34 
This Convention shall remain in force for an indefinite period. Either Party may denounce it by giving six months' notice in writing to the other.
ARTICLE 35 
In the event of the termination of this Convention, any right to benefit acquired by a person in accordance with its provisions shall be maintained, and negotiations shall take place for the settlement of any other rights then in course of acquisition by virtue of those provisions.
In witness whereof the undersigned, duly authorised by their respective Governments, have signed the Convention.
Done in duplicate at London this 12th day of December 1978, in the English and Finnish languages, both texts being equally authoritative.
For the Government of the United Kingdom of Great Britain and Northern Ireland:
FRANK JUDD
For the Government of the Republic of Finland:
PIRKKO TYÖLÄJÄRVI


SCHEDULE 2


PROTOCOL CONCERNING HEALTH CARE AND CO-OPERATION IN THE FIELD OF MEDICINE AND PUBLIC HEALTH 
At the time of signing the Convention on Social Security concluded this day between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Finland, hereinafter referred to as “the Convention”, the undersigned, duly authorised thereto by their respective Governments, have agreed as follows: 

ARTICLE 1For the purpose of the present Protocol:

1 
“medical treatment” means , in relation to the United Kingdom services provided in accordance with the National Health Service legislation in force in the United Kingdom (and the Isle of Man) during the period of validity of this Protocol, and, in relation to Finland, medical services provided either under the legislation concerning general sickness insurance or in accordance with the general hospital and public health legislation;
2 
“nationals” means : 
(a) in relation to the United Kingdom, all British subjects and British protected persons who are recognised by Her Britannic Majesty's Government in the United Kingdom as their nationals, provided in each case they are ordinarily resident in the territory of the United Kingdom to which the Convention applies;
(b) in relation to the Republic of Finland, all persons who in accordance with the laws of the Republic of Finland are citizens of the Republic of Finland, and who are ordinarily resident there.
3 
All other terms and expressions have the meaning
assigned to them in the Convention.
ARTICLE 2
1 
When a national of either Contracting Party
needs immediate medical treatment during his temporary stay in the territory
of the other Party, he shall be entitled, on production of a valid passport,
to receive the necessary medical treatment in the territory of that Party
under the same conditions, including payment of charges normally met by nationals,
as a person ordinarily resident in the territory of that Party.
2 
The provisions of paragraph 1 shall not apply to nationals of
the one country who go to the other country for the specific purpose of obtaining
medical treatment.
ARTICLE 3The Contracting Parties agree to have a separate
memorandum between the Scottish Home and Health Department of the United Kingdom
and the Ministry of Social Affairs and Health of Finland, concerning co-operation
in the field of medicine and public health.

ARTICLE 4
1 
The Department of Health and Social Security
and the Scottish Home and Health Department of the United Kingdom and the
Ministry of Social Affairs and Health of Finland shall be responsible for
the proper execution of this Protocol.
2 
The Contracting Parties shall send to each other
as soon as possible details of any changes in laws or regulations operating
in their respective territories which may significantly affect the nature
and scope of services provided under Article
2.
ARTICLE 5This Protocol shall form an integral part of the Convention.
In witness whereof, the undersigned duly authorised thereto by their respective Governments, have signed this Protocol.
Done in duplicate at London this 12th day of December 1978, in the English and Finnish languages, both texts being equally authoritative.

For the Government of the United Kingdom of Great Britain and Northern Ireland:
FRANK JUDD
For the Government of the Republic of Finland:
PIRKKO TYÖLÄJÄRVI

