Advanced Search

[...]

• (1) For the purposes of these arrangements, except where the context otherwise requires:

  available for work

  available for work means seeking employment as an employed earner;

  employed person

  employed person means a person who, in the applicable legislation, comes within the definition of an employed earner or of an employed person or is treated as such;

  former exchanges of letters

  former exchanges of letters means the letters which were exchanged between the Governments of the United Kingdom and Canada on 8 and 10 December 1959, as amended by the letters of 7 and 30 November 1961, 9 March 1973 and 10 November 1977;

  gainfully occupied in employment

  gainfully occupied in employment means employed as an employed earner or treated as such, in the applicable legislation;

  incapable of work

  incapable of work means incapable of work as an employed earner due to illness;

  pension age

  pension age means, in relation to any person, the age at which that person is treated as reaching pensionable age under the legislation of the United Kingdom;

[...]

• (3) The provisions of these arrangements shall apply, in relation to the United Kingdom, to:

  • [...]

  • (c) the Social Security Acts 1975 to 1991 (Acts of Parliament)as those Acts apply to the Isle of Man by virtue of Orders made, or having effect as if made, under the Social Security Act 1982 (an Act of Tynwald);

  • (d) the Child Benefit Act 1975 (an Act of Parliament)as that Act applies to the Isle of Man by virtue of Orders made, or having effect as if made, under the Social Security Act 1982 (an Act of Tynwald);

  [...]

[...]

• (7) For the purpose of any claim to receive unemployment benefit under the legislation of the United Kingdom, a person who has at any time before 6 April 1975 paid at least twenty-six weekly contributions as an employed person under the legislation of the United Kingdom, or in any year since 6 April 1975 has paid contributions as an employed earner on earnings of at least twenty-five times that year’s weekly lower earnings limit, shall be treated, for the purpose of any such claim, as if:

  • [...]

  • (b) he had had a contribution credited to him under that legislation as an employed person for any week during which he was resident in Canada and was unemployed and available for work or was incapable of work, if that week was part of a period during which he was ordinarily gainfully occupied in employment in Canada.

[...]

• (9) Subject to the provisions of paragraphs (10) and (12) to (14):

  • (a) for the purpose of any claim to receive a retirement pension under the legislation of the United Kingdom, a person aged sixty-five or over who has been resident in the United Kingdom:

    • [...]

    • (ii) throughout the last year of that ten-year period and throughout earlier periods after attaining the age of eighteen which in the aggregate are at least three times as long as any parts of that ten-year period during which he has not been resident in the United Kingdom;

    shall be treated as if he, or in the case of a claim made by a married woman or widow by virtue of her husband’s insurance, her husband, had paid a contribution under the legislation of the United Kingdom for every week during which he was resident in Canada;

  • (b) where the person claiming a retirement pension under the provisions of this paragraph is a woman:

    [...]

    she shall be treated as if she or her husband had paid a contribution under the legislation of the United Kingdom for every week during which she or her husband, as the case may be, was resident in Canada;

[...]

• (12) For the purposes of calculating entitlement under the legislation of the United Kingdom to retirement pension in accordance with paragraph (9), periods of residence in Canada before 6 April 1975 shall be treated as if a Class 3 contribution had been paid under the legislation of the United Kingdom for each week of such residence.

• (13) For the purpose of calculating an earnings factor for assessing entitlement under the legislation of the United Kingdom to retirement pension in accordance with paragraph (9), a person shall be treated for each week beginning in a relevant tax year commencing after 5 April 1975, as having paid a contribution under the legislation of the United Kingdom as an employed earner, or having earnings on which primary Class 1 contributions have been paid, on earnings equivalent to two-thirds of that year’s upper earnings limit, for any week during which he was gainfully occupied in employment in Canada.

• (14) For the purpose of calculating entitlement under the legislation of the United Kingdom, to retirement pension in accordance with paragraph (9), periods of residence in Canada as a self-employed person or as a non-employed person after 5 April 1975 shall be treated as if a Class 3 contribution had been paid under the legislation of the United Kingdom for each week of such residence.

[...]

• (15) Where a person is ordinarily resident in the United Kingdom he shall, for the purpose of any claim to receive child benefit under the legislation of the United Kingdom, be treated:

  • (a) as if he had been resident or present in the United Kingdom during any period during which he was, respectively, resident or present in Canada; and

  • (b) as if any child of his family, or any child for whom he is claiming child benefit, had been resident or present in the United Kingdom during any period during which that child was, respectively, resident or present in Canada.

[...]

• (16)

  • (a) Where required for the application of these arrangements, the Government of Canada, at the request of the Government of the United Kingdom, shall provide information as to claimants in the United Kingdom in receipt of benefits under the Old Age Security Act of Canada.

[...]

• (17) The two Parties shall assist one another on any matter relating to the application of these arrangements as if the matter were one affecting the application of their own legislation.