S.I. No. 84/1992 - Social Welfare (Agreement With Australia on Social Security) Order, 1992.

S.I. No. 84 of 1992.

SOCIAL WELFARE (AGREEMENT WITH AUSTRALIA ON SOCIAL SECURITY) ORDER, 1992.

WHEREAS the arrangements in respect of matters relating to social security set out in the Agreement in the Schedule to this Order (hereinafter called "the Agreement") were made by the Government of Ireland with the Government of Australia;

AND WHEREAS it is provided in Article 19.1. of the Agreement that the Agreement will be subject to ratification;

AND WHEREAS it is provided in Article 19.2. of the Agreement that the Agreement will come into force on the first day of the second month following the month in which the instruments of ratification are exchanged;

AND WHEREAS the aforesaid instruments of ratification were exchanged in Dublin on the 27th day of February, 1992.

NOW THEREFORE the Minister for Social Welfare, in exercise of the powers conferred on him by Sections 3 and 307 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981 ), hereby makes the following Order:—

1. This Order may be cited as the Social Welfare (Agreement with Australia on Social Security) Order, 1992.

2. The Agreement shall come into force on the 1st day of April, 1992.

3. On and from the 1st day of April, 1992 the Social Welfare Acts 1981 to 1991 and the regulations made under those Acts insofar as they relate to old age (contributory) pension, retirement pension, invalidity pension, widows (contributory) pension, orphans (contributory) allowance, death grant and the liability of a person employed outside the State to the payment of employment and self-employment contributions shall be modified to the extent necessary to take account of and give effect to the provisions of the Agreement.

GIVEN under the Official Seal of the Minister for Social Welfare this 16th

day of March, 1992.

CHARLIE McCREEVY,

Minister for Social Welfare.

SCHEDULE

AGREEMENT BETWEEN IRELAND AND AUSTRALIA ON SOCIAL SECURITY.

Ireland and Australia, wishing to strengthen the existing friendly relations between the two countries, and resolved to co-ordinate their social security systems,

Have agreed as follows:

PART I

GENERAL PROVISIONS

ARTICLE 1

Definitions.

1. In this Agreement, unless the context otherwise requires:

( a ) "benefit" means, in relation to a Party, a benefit, pension or allowance for which provision is made in the legislation of that Party, and includes any additional amount, increase or supplement that is payable in addition to that benefit, pension or allowance to or in respect of a person who qualifies for that additional amount, increase or supplement under the legislation of that Party;

( b ) "Competent Authority" means, in relation to Australia:

the Secretary to the Department of Social Security;

and in relation to Ireland:

the Minister for Social Welfare;

( c ) "Competent Institution" means, in relation to Australia:

the Department of Social Security;

and in relation to Ireland:

the Department of Social Welfare;

( d ) "legislation" means, in relation to Australia:

the laws specified in subparagraph 1 (a) of Article 2;

and, in relation to Ireland:

the laws specified in subparagraph 1 (b) of Article 2;

( e ) "period of residence in Australia", in relation to a person, means a period defined as such in the legislation of Australia, but does not include any period deemed pursuant to Article 8 to be a period in which that person was an Australian resident;

( f ) "Irish period of insurance" means, a period in respect of which qualifying contributions have been paid or a period in respect of which contributions have been treated as paid or credited and which has been or can be used to acquire the right to benefit under the legislation of Ireland, but does not include any period deemed pursuant to Article 10 to be an Irish period of insurance;

( g ) "territory" means, in relation to Australia:

Australia as defined in the legislation of Australia;

and in relation to Ireland:

that part of the island of Ireland which is at present under the jurisdiction of the Government of Ireland;

( h ) "widow" means, in relation to Australia, a de jure widow but does not include a woman who is the de facto spouse of a man.

2. In the application by a Party of this Agreement in relation to a person, any term not defined in this Article shall, unless the context otherwise requires, have the meaning assigned to it in the legislation of either Party or, in the event of a conflict of meaning, by whichever of those laws is the more applicable to the circumstances of that person.

ARTICLE 2

Legislative Scope.

1. Subject to paragraph 2, this Agreement shall apply to the following laws, as amended at the date of signature of this Agreement, and to any laws that subsequently amend, supplement, consolidate or replace them:

( a ) in relation to Australia: the Social Security Act 1947 in so far as the Act provides for, applies to or affects the following benefits:

(i) age pensions;

(ii) invalid pensions;

(iii) pensions payable to widows;

(iv) wives' pensions; and

(v) widowed person's allowances;

( b ) In relation to Ireland: the Social Welfare Acts 1981 to 1991 and the regulations made thereunder to the extent that they provide for and apply to:

(i) old age (contributory) pensions;

(ii) retirement pensions;

(iii) widow's (contributory) pensions;

(iv) invalidity pensions;

(v) orphan's (contributory) allowances;

(vi) death grants; and

(vii) the liability for the payment of employment and self-employment contributions.

2. Notwithstanding the provisions of paragraph 1, the legislation of Australia shall not include any laws made at any time for the purpose of giving effect to any agreement on social security.

3. This Agreement shall apply to laws which extend the legislation of either Party to new categories of beneficiaries only if the two Parties so agree in a formal amendment to this Agreement.

ARTICLE 3

Personal Scope.

This Agreement shall apply to any person who:

( a ) is or has been an Australian resident; or

( b ) is or has been subject to the legislation of Ireland,

and, where applicable, to other persons in regard to the rights they derive from the person described above.

ARTICLE 4

Equality of Treatment.

Subject to this Agreement, all persons to whom this Agreement applies shall be treated equally by a Party in regard to rights and obligations which arise whether directly under the legislation of that Party or by virtue of this Agreement.

ARTICLE 5

Detached Workers.

1. ( a ) Where a person, who is insurable employed under the legislation of Ireland, is sent by his or her employer, whose principal place of business is in the territory of Ireland, to the territory of Australia to perform work there on the employer's behalf which is of a temporary nature, the legislation of Ireland concerning liability for the payment of employment contributions shall apply during the first 24 months of the employment in the territory of Australia.

( b ) However, if the time taken to complete the work in the territory of Australia exceeds 24 months the Competent Authority of Ireland may, at the request of the employer of the person concerned, extend the period in respect of which the legislation of Ireland shall apply.

2. ( a ) The Competent Authority of Ireland may grant exemption from liability to pay employment contributions which would otherwise be payable under the legislation of Ireland, for a period not exceeding 24 months, in respect of employment in the territory of Ireland of an Australian resident, where the Competent Authority of Ireland is satisfied that the employment is of a temporary nature.

( b ) If, however, the time taken to complete the work in the territory of Ireland exceeds 24 months, the Competent Authority of Ireland may extend the period in respect of which the said exemption shall apply.

PART II

PROVISIONS RELATING TO BENEFITS

Australian Benefits

ARTICLE 6

Residence or Presence in the Territory of Ireland or a Third State.

1. Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for a benefit except that he or she is not an Australian resident and in Australia on the date on which he or she lodges a claim for that benefit but he or she:

( a ) is an Australian resident or residing in the territory of Ireland or a third State with which Australia has concluded an agreement on social security that includes a provision for co-operation in the assessment and determination of claims for benefits; and

( b ) is in Australia, or the territory of Ireland or that third State,

that person shall be deemed, for the purposes of lodging that claim, to be an Australian resident and in Australia on that date.

2. Paragraph 1 shall not apply to a claimant for a wife's pension who has never been an Australian resident.

ARTICLE 7

Spouse Related Australian Benefits.

For the purposes of Article 9 only, a person who receives from Australia an Australian benefit, pension or allowance under the social security laws of Australia due to the fact that the spouse of that person receives, by virtue of this Agreement, an Australian benefit shall be deemed to be receiving that benefit, pension or allowance as if it were an Australian benefit received by virtue of this Agreement.

ARTICLE 8

Totalisation for Australia.

1. Where a person to whom this Agreement applies has claimed an Australian benefit under this Agreement and has accumulated:

( a ) a period as an Australian resident that is less than the period required to qualify him or her, on that ground, under the legislation of Australia for a benefit; and

( b ) a period of residence in Australia equal to or greater than the period identified in paragraph 4 for that person

and has accumulated an Irish period of insurance, then for the purposes of a claim for that Australian benefit, that Irish period of insurance shall be deemed, only for the purposes of meeting any minimum qualifying periods for that benefit set out in the legislation of Australia, to be a period in which that person was an Australian resident.

2. For the purposes of paragraph 1, where a person:

( a ) has been an Australian resident for a continuous period which is less than the minimum continuous period required by the legislation of Australia for entitlement of that person to a benefit; and

( b ) has accumulated an Irish period of insurance in two or more separate periods that equals or exceeds in total the minimum period referred to in subparagraph (a),

the total of the Irish periods of insurance shall be deemed to be one continuous period.

3. For all the purposes of this Article, where a period by a person as an Australian resident and an Irish period of insurance coincide, the period of coincidence shall be taken into account once only by Australia as a period as an Australian resident.

4. The period of residence in Australia to be taken into account for the purposes of subparagraph 1 (b) shall be as follows:

( a ) for the purposes of an Australian benefit that is payable to a person residing outside Australia, the minimum period required shall be 12 months, of which at least 6 months must be continuous; and

( b ) for the purposes of an Australian benefit that is payable to an Australian resident, no minimum period shall be required.

5. For the purpose of a claim by a person for a pension payable to a widow, that person shall be deemed to have accumulated an Irish period of insurance for any period for which her spouse accumulated an Irish period of insurance but any period during which the person and her spouse both accumulated those periods of insurance shall be taken into account once only.

6. For the purpose of converting Irish periods of insurance into periods as an Australian resident in accordance with this Article, one week of an Irish period of insurance shall be deemed to be a period of a week as an Australian resident.

ARTICLE 9

Calculation of Australian Benefits.

1. Subject to paragraph 2, where an Australian benefit is payable whether by virtue of this Agreement or otherwise to a person who is outside the territory of Australia, the rate of that benefit shall be determined according to the legislation of Australia but when assessing the income of that person for the purposes of calculating the rate of the Australian benefit only a proportion of any Irish benefit which is received by that person shall be regarded as income. That proportion shall be calculated by multiplying the number of whole months accumulated by that person in a period of residence in Australia (not exceeding 300) by the amount of the Irish benefit and dividing that product by 300.

2. A person referred to in paragraph 1 shall only be entitled to receive the concessional assessment of income described in that paragraph for any period during which the rate of that person's Australian benefit is proportionalised under the legislation of Australia.

3. Where an Australian benefit is payable, whether by virtue of this Agreement or otherwise to a person who is resident in the territory of Ireland, Australia shall disregard, when assessing the income of that person, any of the Irish payments listed hereunder:

(i) unemployment assistance;

(ii) old age pension;

(iii) blind pension;

(iv) widow's (non-contributory) pension;

(v) orphan's (non-contributory) pension;

(vi) deserted wife's allowance;

(vii) prisoners' wife's allowance;

(viii) lone parent's allowance;

(ix) single woman's allowance;

(x) supplementary welfare allowance;

(xi) child benefit;

(xii) rent allowance;

(xiii) a maintenance allowance under Section 69 of the Health Act 1979;

(xiv) any allowance, dependent's allowance, disability pension or wound pension under the Army Pensions Act 1923 to 1980;

and any other payments of a similar nature, as mutually determined from time to time in letters exchanged between the Ministers respectively administering the legislation of Australia and Ireland, paid to that person by Ireland.

4. Subject to the provisions of paragraph 5, where an Australian benefit is payable only by virtue of this Agreement to a person who is in Australia, the rate of that benefit shall be determined by:

( a ) calculating that person's income according to the legislation of Australia but disregarding in that calculation any Irish benefits received by that person;

( b ) deducting the amount of any Irish benefits received by that person from the maximum rate of that Australian benefit; and

( c ) applying to the remaining benefit obtained under subparagraph (b) the relevant rate calculation set out in the legislation of Australia, using as the person's income the amount calculated under subparagraph (a).

5. Where a married person is, or both that person and his or her spouse are, in receipt of an Irish benefit or benefits, each of them shall be deemed, for the purpose of paragraph 4 and for the legislation of Australia, to be in receipt of one half of either the amount of that benefit or total of both of those benefits, as the case may be.

6. If a person would receive an Australian benefit except for the operation of paragraph 5 or except for that person's failure to claim the benefit, then for the purposes of a claim by that person's spouse for a payment under the legislation of Australia that person shall be deemed to receive that benefit.

7. The reference in paragraph 6 to a payment under the legislation of Australia to the spouse of a person is a reference to a payment of any benefit, pension or allowance payable under the social security laws of Australia and whether payable by virtue of this Agreement or otherwise.

8. As soon as is practicable after the exchange of letters in which Irish payments are mutually determined for the purposes of paragraph 3, the Minister administering the legislation of Australia shall cause to be published in the Commonwealth of Australia Gazette a notice specifying such Irish payments.

PART III

PROVISIONS RELATING TO IRISH BENEFITS

ARTICLE 10

Totalisation for Ireland.

1. Notwithstanding the provisions of paragraphs 2 and 3 of this Article where a person is entitled to an Irish benefit by virtue of his or her Irish periods of insurance alone, that benefit shall be payable and the provisions of paragraph 2 of this Article shall not apply.

2. Subject to paragraph 4, if a person is not entitled to an Irish benefit on the basis of his or her Irish periods of insurance alone, then such periods shall be totalised with periods of residence in Australia, in accordance with the provisions of paragraph 3. The person's entitlement to benefit shall be determined on the basis of the totalised periods in accordance with the statutory contribution conditions provided for under the legislation of Ireland and the amount of Irish benefit payable shall be calculated in accordance with the provisions of Article 11.

3. For the purposes of determining entitlement to an Irish benefit in accordance with the provisions of paragraph 2, a period of residence in Australia by a person shall be considered to be a period in respect of which the person has qualifying contributions under the legislation of Ireland.

4. For the purposes of paragraph 3, each calendar week or part thereof in which a person has a period of residence in Australia shall be deemed to be a contribution week in respect of which the person has a qualifying contribution under the legislation of Ireland.

5. Where a period of residence in Australia and an Irish period of insurance coincide, the period of coincidence shall be taken into account once only by Ireland as an Irish period of insurance.

6. Subject to paragraph 7, if the total duration of the Irish periods of insurance completed under the legislation of Ireland is less than one year and if, taking into account only those periods, no right to benefit exists under that legislation, the Competent Authority of Ireland will not be required to award benefits in respect of those periods by virtue of this Agreement.

7. For the purpose of determining entitlement to a death grant or orphan's (contributory) allowance:

( a ) periods of residence in Australia shall be taken into account as if they were Irish periods of insurance completed under the legislation of Ireland;

( b ) periods of residence in Australia shall be converted into Irish periods of insurance in accordance with the provisions of paragraph 3, with the exception that no period of residence in Australia prior to 1 October 1970 shall be taken into account for the purposes of determining entitlement to a death grant.

8. For the purposes of determining entitlement of a person to an invalidity pension, any period of continuous incapacity for work which occurs during a period of residence in Australia by that person shall be deemed to be a period of continuous incapacity in the territory of Ireland.

9. For the purpose of converting periods of residence in Australia into Irish periods of insurance as provided for in paragraph 3 and 7, periods of residence in Australia which occur either before a person attains the age of 16 years or after a person attains pensionable age in Australia shall not be taken into account.

ARTICLE 11

Calculation of Irish Benefits.

1. Where a person is entitled to an Irish benefit by virtue of the totalisation arrangements prescribed in Article 10, the Competent Institution of Ireland shall calculate the amount of benefit, other than death grant and orphan's (contributory) allowance, as follows:

( a ) the amount of the theoretical benefit exclusive of any additional amount, or supplement or any increase other than an increase for an adult dependant which would be payable if all the periods of residence in Australia and all the Irish periods of insurance had been completed under Irish legislation;

( b ) the proportion of such theoretical benefit which bears the same relation to the whole as the total of Irish periods of insurance completed under the legislation of Ireland bears to the total of all periods of residence in Australia and Irish periods of insurance.

The proportionate amount thus calculated plus any additional amount, supplement or increase other than an increase for an adult dependant shall be the rate of benefit actually payable by the Competent Institution of Ireland.

2. In the case of death grant and orphan's (contributory) allowance the amount of benefit payable shall be calculated in accordance with the relevant contribution conditions under legislation of Ireland taking account of the provisions of Article 10 (7).

PART IV

MISCELLANEOUS AND ADMINISTRATIVE PROVISIONS

ARTICLE 12

Lodgement of Documents.

1. A claim, notice or appeal concerning a benefit, whether payable by a Party by virtue of this Agreement or otherwise, may be lodged in the territory of either of the Parties in accordance with administrative arrangements made pursuant to Article 16 at any time after the Agreement enters into force.

2. The date on which a claim, notice or appeal referred to in paragraph 1 is lodged with the Competent Institution of the other Party shall be treated, for the purposes of assessing entitlement to benefit, as the date of lodgement of that document with the Competent Institution of the first Party.

3. In relation to Australia, the reference in this Article to an appeal document is a reference to a document concerning an appeal that may be made to an administrative body established by the social security laws of Australia.

ARTICLE 13

Determination of Claims.

1. In determining the eligibility or entitlement of a person to a benefit by virtue of this Agreement:

( a ) a period as an Australian resident and an Irish period of insurance; and

( b ) any event or fact which is relevant to that eligibility or entitlement,

shall, subject to this Agreement, and to the relevant provisions of the social security laws of each Party, be taken into account in so far as those periods or those events or facts are applicable in regard to that person and whether they were accumulated or occurred before or after the date on which this Agreement enters into force.

2. The commencement date for payment of a benefit payable by virtue of this Agreement shall be determined in accordance with the legislation of the Party concerned but shall never be earlier than the date on which this Agreement enters into force.

3. ( a ) In the case of contingencies which occurred before the commencement of this Agreement the amount of a benefit under the legislation of Ireland due only by virtue of this Agreement shall be determined from the date of entry into force of the Agreement at the request of the beneficiary.

( b ) Where a claim for a determination in accordance with subparagraph (a) is submitted within two years from the date of entry into force of the Agreement, the benefit shall be paid from that date; otherwise the benefit shall be paid from the date determined under the legislation of Ireland.

4. Where:

( a ) an Australian benefit payable by virtue of this Agreement is claimed or is being paid; and

( b ) there are reasonable grounds for believing that the claimant may also be entitled, whether by virtue of this Agreement or otherwise, to an Irish benefit and, if paid, would affect the amount of the Australian benefit,

that Australian benefit shall not be paid or continue to be paid until a claim is duly lodged for payment of the Irish benefit or if the claim for the Irish benefit is not actively pursued.

5. Where:

( a ) a benefit is paid or payable by a Party to a person in respect of a past period;

( b ) for all or part of that period, the other Party has paid to that person a benefit under its legislation; and

( c ) the amount of the benefit paid by that other Party would have been reduced had the benfit paid or payable by the first Party been paid during that period;

then

( d ) the amount that would not have been paid by the other Party had the benefit described in subparagraph (a) been paid on a periodical basis throughout that past period, shall be a debt due by that person to the other Party; and

( e ) the other Party may determine that the amount, or any part, of that debt may be deducted from future payments of a benefit payable by that Party to that person.

6. Where the first Party has not yet paid the benefit described in subparagraph 5 (a) to the person:

( a ) that Party shall, at the request of the other Party, pay the amount of the benefit necessary to meet the debt described in subparagraph 5 (d) to the other Party and shall pay any excess to the person; and

( b ) any shortfall may be recovered by the other Party under paragraph 5 (e).

7. The Competent Institution receiving a request under paragraph 6 shall transfer the amount of the debt to the Competent Institution making the request.

8. A reference in paragraphs 4, 5 and 6 to a benefit, means, in relation to Australia, a pension, benefit or allowance that is payable under the social security laws of Australia and, in relation to Ireland, any pension, benefit or allowance payable under the laws of Ireland.

ARTICLE 14

Payment of Benefits.

1. Benefits of one Party are also payable in the territory of the other Party.

2. Where the legislation of a Party provides that a benefit is payable outside the territory of that Party, then that benefit, when payable by virtue of this Agreement, is also payable outside the territories of both Parties.

3. Where qualification for an Australian benefit is subject to limitations as to time, then references to Australia in those limitations shall be read also as references to the territory of Ireland.

4. The payment outside Australia of an Australian benefit that is payable by virtue of this Agreement shall not be restricted by those provisions of the legislation of Australia which prohibit the payment of a benefit to a former Australian resident who returns to Australia, becoming again an Australian resident, and lodges a claim for an Australian benefit and leaves Australia within 12 months of the date of that return.

ARTICLE 15

Exchange of Information and Mutual Assistance.

1. The Competent Authorities and Competent Institutions responsible for the application of this Agreement:

( a ) shall communicate to each other any information necessary for the application of this Agreement;

( b ) shall lend their good offices and furnish assistance to one another with regard to the determination or payment of any benefit under this Agreement or the legislation to which this Agreement applies as if the matter involved the application of their own legislation;

( c ) shall communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Agreement or about changes in their respective legislation insofar as these changes affect the application of this Agreement; and

( d ) at the request of one to the other, assist each other in relation to the implementation of agreements on social security entered into by either of the Parties with third States, to the extent and in the circumstances specified in administrative arrangements made in accordance with Article 16.

2. The assistance referred to in paragraph 1 shall be provided free of charge, subject to any administrative arrangements made pursuant to Article 16.

3. Unless disclosure is required under the laws of a Party, any information about an individual which is transmitted in accordance with this Agreement to a Competent Authority or a Competent Institution of that Party by a Competent Authority or a Competent Institution of the other Party is confidential and shall be used only for purposes of implementing this Agreement and the legislation to which this Agreement applies.

4. In no case shall the provisions of paragraphs 1 and 3 be construed so as to impose on the Competent Authority or Competent Institution of a Party the obligation:

( a ) to carry out administrative measures at variance with the laws or the administrative practice of that Party or the other Party; or

( b ) to supply particulars which are not obtainable under the laws or in the normal course of the administration of that Party or the other Party.

5. In the application of this Agreement, the Competent Authority and the Competent Institution of a Party may communicate with the other in any official language of that Party.

ARTICLE 16

Administrative Arrangements.

The Competent Authorities of the Parties shall make whatever administrative arrangements are necessary in order to implement this Agreement.

ARTICLE 17

Resolution of Difficulties.

1. The Competent Authorities of the Parties shall resolve, to the extent possible, any difficulties which arise in interpreting or applying this Agreement according to its spirit and fundamental principles.

2. The Parties shall consult promptly at the request of either concerning matters which have not been resolved by the Competent Authorities in accordance with paragraph 1.

ARTICLE 18

Review of Agreement.

Where a Party requests the other to meet to review this Agreement, the Parties shall meet for that purpose as soon as possible after that request was made and, unless the Parties otherwise agree, their meeting shall be held in the territory of the Party to which the request was made.

PART V

TRANSITIONAL AND FINAL POVISIONS

ARTICLE 19

Entry Into Force and Termination.

1. This Agreement is subject to ratification. The instruments of ratification shall be exchanged at Dublin as soon as possible.

2. Once all constitutional and legislative requirements, including administrative arrangements referred to in Article 16 of this Agreement have been fulfilled this Agreement shall enter into force on the first day of the second month following the month in which the instruments of ratification are exchanged.

3. Subject to paragraph 4, this Agreement shall remain in force until the expiration of 12 months from the date on which either Party receives from the other a note through the diplomatic channel indicating the intention of the other Party to terminate this Agreement.

4. In the event that this Agreement is terminated in accordance with paragraph 3, the Agreement shall continue to have effect in relation to all persons who:

( a ) at the date of termination, are in receipt of benefits; or

( b ) prior to the expiry of the period referred to in that paragraph, have lodged claims for, and would be entitled to receive, benefits,

by virtue of this Agreement.

IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their Governments, have signed this Agreement.

Done in 2 copies at CANBERRA this 8th day of April, 1991.

For Ireland:

MICHAEL WOODS.

For Australia:

GRAHAM RICHARDSON.

Note No. 310178

The Department of Foreign Affairs and Trade presents its compliments to the Embassy of Ireland and has the honour to refer to the Agreement between Australia and Ireland on Social Security, done at Canberra on 8 April 1991.

The Department has the honour to point out that there is a typographical error in Article 9 paragraph 6 of the said Agreement. The reference to "5" in line 2 of paragraph 6 of Article 9 is an error and should be deleted and replaced with "4".

The Department accordingly has the honour to propose that the reference to "5" in line 2 of Article 9 paragraph 6 be deleted and replaced with "4".

The Department further has the honour of proposing that the Agreement be considered rectified ab initio, as set out above.

The Department would be grateful to the Embassy if it would inform the appropriate authorities of the above proposal and awaits confirmation that what is proposed is acceptable to the Government of Ireland.

The Department of Foreign Affairs and Trade avails itself of this opportunity to renew to the Embassy of Ireland the assurances of its highest consideration.

Canberra

30 September 1991.

(No. H.1.3.)

The Embassy of Ireland presents its compliments to the Department of Foreign Affairs and Trade and has the honour to advise that the Government of Ireland, with reference to the Agreement between Ireland and Australia on Social Security, done at Canberra, on 8 April 1991, agrees to the correction of a typographical error at Article 9, paragraph 6 of the said Agreement as proposed by the Note Verbal No. 310178, dated 30 September 1991 sent by the Department.

It is also agreed that the correction be considered rectified ab initio.

The Embassy of Ireland avails itself of this opportunity to renew to the Department of Foreign Affairs and Trade the assurances of its highest consideration.

Canberra

1 October 1991.

EXPLANATORY NOTE.

This Order gives effect to the Bilateral Agreement on Social security made between Ireland and Australia which comes into effect from 1 April 1992. The Order provides that the Social Welfare Acts and relevant regulations will be modified to take account of the provisions of the Agreement.

The primary purpose of the Agreement is to allow social insurance contributions paid in Ireland to assist a claimant to qualify for certain benefits in Australia and to allow periods of residence in Australia to count towards satisfying the contribution conditions for certain Irish benefits. In the case of Ireland the Agreement covers old age (contributory) pensions, retirement pensions, invalidity pensions, widows and orphans (contributory) pensions, and death grant. As the Australian social security system is a residence based and income tested system the Agreement allows periods of residence in Australia to be taken into account, subject to certain conditions, along with Irish social insurance contributions to help a person qualify for these benefits. The Agreement also deals with the liability, for Irish social insurance contributions (PRSI), of "detached" workers who are seconded to work in Australia for a temporary period by an employer who has his business in Ireland. Such workers will continue to remain attached to the Irish PRSI system for periods of absences up to two years.