TN 16 (11-96)
RS 02001.375 Special Exceptions to the Coverage Rules - U.S. United Kingdom Agreement
The coverage rules in RS 02001.360 - RS 02001.371 were intended to cover the great majority of situations where a worker would otherwise be subject to coverage by both the United Kingdom and the United States. However, it was recognized that the rules might not cover all situations, or that they might have unintended results in certain cases. Therefore, a general exception provision was included in the agreement.
Under the general exception provision, an employee, employer or self-employed person may request a special exception to the coverage rules in the agreement. There are no specific criteria for determining when an exception will be granted. However, the agreement stipulates that an exception may be granted only if the worker will remain subject to the laws of one (and only one) country. In addition, both countries must concur in the granting of the exception. If either country does not concur with a proposed exception, the worker will be covered as determined by the coverage rules in the agreement.
If a worker or employer wishes to apply for a special exception, he/she should write a letter to the appropriate agency in the country under whose system he/she wishes to be covered. The letter should give all the information necessary to issue a certificate of coverage as shown in RS 02001.385. In addition, it will be necessary to explain why the exception is desired.
The country that receives the request will evaluate it to determine if it merits approval. If it concurs with the request for a special exception, it will forward the request to the appropriate agency in the other country for consideration. If the other country also concurs, a certificate of coverage may then be issued by the country which will provide the coverage.