NIM33260 - Special Cases: India - Aircraft Crew
Social security agreement between the UK and India: Aircraft Crew
Article 7(3) of the India Agreement
Article 10 of the India Agreement
When a person is employed as a member of the flight or cabin crew transporting freight or passengers, the legislation applicable to them is determined by the location of their home base.
Article 1 defines home base as:
“the place from where the crew member normally starts and ends a duty period or a series of duty periods, and where, under normal conditions, the operator/airline is not responsible for the accommodation of the crew member concerned.”
The person will be treated as carrying out their employment in the country where their home base is located. The person will be subject to that country’s social security legislation under Article 7(2).
Article 7(3) provides that the person will be treated as resident and ordinarily resident in the UK or India for the purpose of applying the relevant legislation.
This means that a person within scope of Article 10 of the agreement who has a home base in the UK will for the purpose of that employment be treated as working in the UK. The person will be subject to UK legislation under Article 7(2), and when applying that legislation, will be treated as resident and ordinarily resident in the UK in accordance with Article 7(3).
Example
Edward is a pilot. He lives in the UK with his family. He works for a UK airline engaged in the transportation of freight. He regularly flies between the UK and India. Edward’s home base is Heathrow Airport as this is where Edward normally starts and ends a duty period. Edward is treated as carrying out his employment in the UK under Article 10 and is therefore subject to UK social security legislation under Article 7(2). When applying UK legislation, Edward is treated as if he is resident and ordinarily resident in the UK.
Example
Ali is employed as cabin crew for an Indian airline engaged in the transportation of passengers. Ali regularly flies between India and the UK. Ali’s home base is Delhi Airport as this is where Ali normally starts and ends a duty period. Ali is treated as carrying out his employment in India under Article 10 and is therefore subject to Indian social security legislation under Article 7(2).