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ARTIGO 28.º

Vigente desde: 25/09/1982

O presente Acordo entra em vigor a partir da data da assinatura e vigorará na vigência da Convenção.

Feito em Newcastle-upon-Tyne em 31 de Dezembro de 1981, em quadriplicado, 2 exemplares em português e 2 exemplares em inglês, fazendo ambos os textos igualmente fé.

Mário Roseira, em representação da autoridade portuguesa competente.

Arnald A. Deane, em representação da instituição competente do Reino Unido, Direcção do Departamento de Saúde e Segurança Social para o Estrangeiro.

Administrative Arrangements for the Implementation of the Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Portugal.

For the purposes of applying the Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Portugal, the competent authorities of the Contracting Parties have made the following Administrative Arrangements:

PART I

General provisions

ARTICLE 1

For the purpose of these Arrangements:

  1. 1 -«Convention» means the Convention of Social Security between the United Kingdom of Great Britain and Northern Ireland and Portugal signed at London on 15 November 1978.
  2. 2 -«Arrangements» means the present Administrative Arrangements.
  3. 3 -Other expressions used in these Arrangements shall have the same meaning as in the Convention unless otherwise provided in these Arrangements.

    ARTICLE 2

    The following bodies have been designated the competent institutions for the purpose of the application of article 1 (vi) of the Convention:

  4. 1 -In the United Kingdom:
    1. a)In Great Britain, the Department of Health and Social Security, Overseas Branch, Newcastle-upon-Tyne NE98 1YX;
    2. b)In Northern Ireland, the Department of Health and Social Services, Overseas Branch, Castle Buildings, Stormont, Belfast, Northern Ireland BJ4 3HH;
    3. c)In the Isle of Man, the Isle of Man Board of Social Security, Hill Street, Douglas, Isle of Man;
    4. d)In Jersey, the States of Jersey Social Security Department, Philip le Feuvre House, La Motte Street, St. Helier, Jersey, Channel Islands;
    5. e)In Guernsey, the States Insurance Authority, Bordage House, 7-9 The Bordage, St. Peter Port, Guernsey, Channel Islands.
  5. 2 -In Portugal:
    1. a)With regard to sickness and maternity insurance and family benefits, centro regional de segurança social covering the place of residence;
    2. b)With regard to unemployment insurance, centro regional de segurança social and centro da Direcção-Geral do Emprego, covering the place of residence;
    3. c)With regard to disablement, old age and survivors' insurances, Centro Nacional de Pensões, Campo Grande, 6 - 1771 Lisboa Codex;
    4. d)With regard to work injury and occupational diseases insurance, Caixa Nacional de Seguros de Doenças Profissionais, Avenida da República, 25, 3.º, esquerdo, 1093 Lisboa Codex.

      ARTICLE 3

  6. 1 -The following bodies have been designated liaison offices between the competent institutions of both Contracting Parties:
    1. a)In the United Kingdom:

      The appropriate competent institutions.

    2. b)In Portugal:

      Caixa Central de Segurança Social dos Trabalhadores Migrantes, Rua da Junqueira, 112, 1399 Lisboa Codex.

  7. 2 -The liaison offices will take steps to apply, within their area of jurisdiction, the Convention and the Arrangements, as well as to inform insured persons of their rights and obligations under the Convention.
  8. 3 -Within their areas of jurisdiction the liaison offices of both Contracting Parties will, by mutual agreement, and taking into account where necessary the directions of the competent authorities, take the necessary administrative measures for the application of the Convention and of the Arrangements.
  9. 4 -Where matters arise in connection with the administration of the Convention which affect only certain of the competent institutions involved, then such matters including the passing of liaison forms will be resolved by direct contact between the liaison offices or competent institutions concerned.

    ARTICLE 4

    The liaison offices shall prepare texts for all forms, applications, declarations, certificates or other documents to be used in connection with the implementation of the Convention and with these Arrangements.

    PART II

    Application of the provisions which determine the legislation applicable

    ARTICLE 5

  10. 1 -In cases arising under articles 6 and 7 of the Convention the competent institution in the territory of the Party whose legislation is being applied shall issue, to the insured person or to his employer on application, a certificate (UK/P1) showing that the insured person remains liable under that legislation.
  11. 2 -Where the last sentence of article 6 (1) or of article 7 (2) of the Convention applies, the employer must apply to the competent institution in the territory in which the person is employed for any extension of the certificate (UK/P2) and if that authority agrees to the extension it shall inform the competent institution which issued the certificate.
  12. 3 -Where article 8 (3) of the Convention applies, the choice must be made on a form (UK/P3) which must be sent by the employer to the competent institution of the Party to whose legislation the person chooses to be subject. That institution shall issue a certificate to the employer and notify the competent institution of the other Party.

    PART III

    Section 1

    Application of the special provisions for sickness benefit and maternity benefit

    ARTICLE 6

    In any case to which article 11 (1) of the Convention applies, the insured person or the competent institution of one Party may request the competent institution of the other Party to issue a certificate (UK/P4) showing the insurance periods completed under the legislation of the latter Party.

    ARTICLE 7

  13. 1 -In order to receive benefit under the provisions of article 11 (2) (a) of the Convention, the claimant shall apply to the competent institution under whose legislation he is entitled to receive benefit and attach a certificate of incapacity from the doctor who is attending him. That competent institution may then request on form (UK/P5) the competent institution in the territory of the other Party to keep the patient under medical control with regard to incapacity for work as if he were insured under the legislation of that Party.
  14. 2 -In cases where a person has been authorised to go to the territory of the other Party under the provisions of article 11 (2), (b) or (c), of the Convention, the claimant must send evidence of incapacity to the competent institution of the Party under whose legislation he is entitled to receive benefit as required under the legislation of that institution. The second sentence of paragraph 1 of this article shall also apply.
  15. 3 -When the competent institution of the country of stay or residence is responsible for the medical control of incapacity for work for persons referred to in paragraphs 1 and 2 of the present article, it shall proceed as quickly as possible after the date of receipt of the request from the competent institution of the other Party according at least the same priority as to one of its own insured persons.

    The report of the examining doctor (UK/P6) which shall indicate in particular the probable duration of the incapacity for work, shall be sent to the competent institution of the other Party as soon as possible after the date of the examination.

  16. 4 -The competent institution of the country of stay or residence shall subsequently apply the necessary controls, and when it considers that the person is fit for work, it shall notify the person and the competent institution of the other Party without delay. The latter institution will finally decide whether or not the person is fit for work. This decision (UK/P7) shall be conveyed to the competent institution of the country of stay or residence of the person with a view to ending control of the incapacity.

    ARTICLE 8

    In cases where article 12 (2) of the Convention applies and the confinement did not occur in the territory of the Party to which the claim has been made nor in the territory of the Party where the woman, or her husband, as the case may be, was last insured before the confinement, the competent institution dealing with the claim shall send a form of enquiry (UK/P11) to the competent institution of the other Party before making any payment on the claim.

    Section 2

    Application of the special provisions for unemployment benefit

    ARTICLE 9

    In any case to which article 13 of the Convention applies, the competent institution of one Party may request the competent institution of the other Party to issue a certificate (UK/P4) showing the insurance periods completed under the legislation of the latter Party.

    Section 3

    Application of the special provisions for invalidity benefit

    ARTICLE 10

  17. 1 -Any claim for invalidity benefit received from a person who is residing in the territory of a Party under whose legislation he was not insured when the incapacity for work followed by invalidity occurred, shall be passed immediately to the competent institution as determined under the provisions or article 14 of the Convention.
  18. 2 -The competent institution determining a claim to invalidity benefit may request the competent institution of the other Party to give details on a prescribed form (UK/P4) of any insurance periods completed by the claimant under the legislation which it administers.
  19. 3 -Where a person residing in the territory of Portugal claims invalidity benefit under the legislation of the United Kingdom, the competent authority of the United Kingdom will advise the claimant about evidence of incapacity which he must send to that institution and it may request a detailed medical examination with the report completed on form (UK/P10) and ask the competent institution in Portugal to keep him under medical control, as if he was insured under the legislation of Portugal.
  20. 4 -Where a person residing in the territory of the United Kingdom claims an invalidity benefit under the legislation of Portugal, the competent authority of Portugal may request the United Kingdom competent institution to have the claimant medically examined and a report completed on a form (UK/P10).
  21. 5 -The medical and administrative control of beneficiaries in receipt of invalidity benefit shall be carried out, at the request of the competent institution by the services of the competent institution in the country of residence of the beneficiary.

    Section 4

    Application of the special provisions for old age pensions and survivors' pensions

    ARTICLE 11

    If a claim for benefit is received by a competent institution under whose legislation insurance periods have not been completed that authority shall forward the claim to the competent institution of the other Party, indicating the date on which the claim was submitted.

    ARTICLE 12

  22. 1 -Where a person claims a benefit and the provisions of article 15, 16 or 19 of the Convention apply, the claim shall be submitted to the competent institution in the place of residence (hereinafter referred to as the investigation authority) of the person concerned in accordance with the procedure provided for by the legislation administered by that authority. If the person concerned does not reside in the territory of either Party the claim should be sent to the competent institution of the Party to whose legislation the person on whose insurance the claim is made was last subject.
  23. 2 -The investigation authority receiving a claim shall notify the competent institution of the other Party immediately on a form (UK/P8) which should include, in particular, a statement of the insurance periods completed under the legislation which it administers and also shall verify as far as possible the information given in the claim and in any supporting documents.
  24. 3 -Where the investigation authority had made an advance payment of any benefit pending the establishment of entitlement to benefit under the legislation of both Parties, it shall inform the competent institution of the other Party. That competent institution shall not pay any arrears of benefit on its claim if there has been a request to that effect from the investigation authority in accordance with the provisions of article 27 of the Convention.
  25. 4 -The competent institution which receives the form shall forward a form (UK/P9) to the investigating authority showing the insurance periods completed under the legislation which it administers if so requested and will also state whether or not arrears of benefit are being withheld in accordance with article 27 of the Convention and of these Arrangements.
  26. 5 -The competent institution of either Party shall thereafter notify the other of any other fact relevant to the determination and payment of the claim and also shall submit a revised statement of the insurance periods etc., when article 17 of the Convention necessitates redetermination.

    ARTICLE 13

    Where a person to whom the provisions of the Convention apply has completed periods of insurance under the legislation of another country with which either Party to the Convention has concluded a Convention on Social Security, Section 5 of Part III of the Convention shall be applied in accordance with the following subparagraphs:

    1. a)Periods of insurance completed under the legislation of another country shall not be taken into account;
    2. b)Periods of insurance completed under the legislation of the other Party to the Convention shall not be taken into account under the provisions of a Convention with another country;
    3. c)Where a person would be entitled to benefit under the legislation of the United Kingdom in accordance with the provisions of the Convention and also in accordance with the provisions of a Convention between the United Kingdom and another country, he shall choose which of the benefits he wishes to receive. Where a person would be entitled to a benefit under Portuguese legislation in accordance with the Convention and also in accordance with the provisions of a Convention between Portugal and another country, he shall choose which of the benefits he wishes to receive.

      Section 5

      Application of the special provisions for benefits for industrial injuries and diseases

      ARTICLE 14

      Where an insured person or a dependant of an insured person is ordinarily resident in the territory of one Party and applies for benefit under the legislation of the other Party, the notification of the accident or any claim for benefit may be sent to the competent institution in the territory of residence. That office shall immediately forward the notification or claim, stating the date on which it was received, to the appropriate competent institution of the other Party.

      ARTICLE 15

      Where a competent institution requires evidence of incapacity for the payment of benefits under the provisions of articles 20 and 21 of the Convention, the provisions of article 7 of these Arrangements shall apply.

      ARTICLE 16

      Where a person who is claiming a benefit under the legislation of one Party for disablement arising from an industrial injury or from an industrial disease resides in the territory of the other Party, the competent institution dealing with the claim may request on form (UK/P12) the competent institution of the other Party to have the person medically examined.

      Section 6

      Application of the special provisions for death grant

      ARTICLE 17

      In any case to which article 23 of the Convention applies, the competent institution of one Party may request the competent institution of the other Party to issue a certificate (UK/P4) showing the insurance periods completed under the legislation of the latter Party.

      ARTICLE 18

      In cases where article 24 (2) of the Convention applies and the death did not occur in the territory of the Party to which the claim has been made, nor in the territory of the Party under whose legislation the person on whose insurance the right to benefit is determined was last insured before death, the competent institution dealing with the claim shall send a form of enquiry (UK/P11) to the competent institution of the other Party before making any payment on the claim.

      Section 7

      Application of the special provisions for orphan's benefit

      ARTICLE 19

      In any case to which article 25 (1) of the Convention applies, the competent institution of one Party may request the competent institution of the other Party to issue a statement showing the insurance periods or periods of presence completed under the legislation of the latter Party.

      ARTICLE 20

      In cases where article 25 (3) of the Convention applies the competent institution of one Party shall send an enquiry to the competent institution of the other Party in whose territory the orphan is residing before making any payment on the claim.

      Section 8

      Application of the special provisions for family allowance

      ARTICLE 21

      In any case to which article 26 (2) or (3) of the Convention applies, the competent institution of one Party may request the competent institution of the other Party to issue a statement showing the insurance periods or periods of presence or residence completed under the legislation of the latter Party.

      ARTICLE 22

      When the competent institution of one Party may pay family allowance for child dependants living in the territory of the other Party, the competent institution of the former Party shall, before making the first payment, notify the competent institution of the Party in whose territory the family is residing. Notification shall also be sent when payment under article 26 (1) of the Convention ceases.

      PART IV

      Miscellaneous provisions

      ARTICLE 23

      For the purpose of the control of their respective beneficiaries resident in the territory of the other Party the competent institution may request each other at any time to investigate or check facts or events which may result in the modification, suspension or termination of benefit for which they are responsible under their legislation.

      ARTICLE 24

      In cases where a person residing in the territory of one Party is dissatisfied with the decision taken by the competent institution of the other Party he may send his appeal in duplicate to the investigating authority. This authority will send the appeal in duplicate to the competent institution of the other Party giving the date of receipt of the appeal.

      ARTICLE 25

      Payment of benefit shall be made directly by the competent institution under whose legislation the beneficiary is receiving benefit wherever the beneficiary may be residing.

      ARTICLE 26

      The competent institution of either Party will advise the other of any sickness benefit, invalidity pension, maternity allowance or any benefit other than a pension payable in respect of an industrial injury or disease which it pays to a person who resides in the territory of the other Party.

      ARTICLE 27

      Should one competent institution make an advance payment of benefit pending the establishment of entitlement or incur an overpayment of benefit, it shall inform where appropriate the competent institution of the other Party in order that recovery may be considered in accordance with article 27 of the Convention.

      ARTICLE 28

      These Arrangements will enter into force from the date of signature and shall remain into force for so long as the Convention remains in force.

      Made in Newcastle-upon-Tyne on 31st December 1981, in quadruplicate, two copies in Portuguese and two copies in English, both texts being equally authentic.

      Mário Roseira, on behalf of the Portuguese competent authority.

      Arnold A. Deane, on behalf of the competent institutions of the United Kingdom, Head of Overseas Branch Department of Health and Social Security.

      Anexo ao Acordo Administrativo para Aplicação do Protocolo Relativo a Tratamento Médico da Convenção sobre Segurança Social entre o Reino Unido da Grã-Bretanha e Irlanda do Norte e Portugal.

      Para aplicação do Protocolo Relativo a Tratamento Médico, as autoridades competentes dos 2 países acordaram no seguinte anexo ao Acordo Administrativo:

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