The Social Security (Barbados) Order (Northern Ireland) 1992

Made: 16th March 1992

Coming into operation: 1st April 1992

In exercise of the powers conferred on me by section 134 of the Social Security (Northern Ireland) Act 1975[^f00001] and Article 17 of the Child Benefit (Northern Ireland) Order 1975[^f00002] and of all other powers enabling me in that behalf, I hereby make the following order:

Citation and commencement

1

This order may be cited as the Social Security (Barbados) Order (Northern Ireland) 1992 and shall come into operation on 1st April 1992.

Modification of the Social Security (Northern Ireland) Act 1975

2

The Social Security (Northern Ireland) Act 1975 shall be modified to such extent as may be required to give effect to the provisions contained in the Convention on Social Security set out in the Schedule to this order, so far as the same relate to Northern Ireland.

Modification of the Child Benefit (Northern Ireland) Order 1975

3

Part II of the Child Benefit (Northern Ireland) Order 1975 (child benefit) and any regulations made under it shall be modified to such extent as may be required to give effect to the provisions contained in the Convention on Social Security set out in the Schedule to this order, so far as the same relate to Northern Ireland.

SCHEDULE — CONVENTION ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF BARBADOS

The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Barbados;

Being resolved to co-operate in the field of social affairs and, in particular, in the matter of social security;

Wishing to promote the welfare of persons moving between or working in their respective territories;

Wishing to ensure that persons from both countries shall enjoy equal rights in respect of matters covered by this Convention under their respective social security legislation;

Wishing to make arrangements for insurance periods completed under the legislation of the Contracting Parties to be added together for the purpose of determining the right to receive benefit;

Wishing further to make arrangements for enabling persons moving between their respective territories to keep the rights which they have acquired under the legislation of the one Party or to enjoy corresponding rights under the legislation of the other Party;

Have agreed as follows:

Part I — General Provisions

ARTICLE 1 — Definitions

ARTICLE 2 — Scope of Legislation

ARTICLE 3 — Equal Treatment

A person, together with his dependants and survivors, who is, or has been, subject to the legislation of one Party shall, while he is in the territory of the other Party, enjoy the provisions of the legislation of the other Party under the same conditions as a national of that Party, subject to the special provisions of this Convention.

ARTICLE 4 — Refugees and Stateless Persons

This Convention shall apply to refugees, as defined by the Convention signed on 28 July 1951 relating to the Status of Refugees and by the Protocol signed on 31 January 1967 relating to the Status of Refugees, and to stateless persons, as defined by the Convention signed on 28 September 1954 relating to the Status of Stateless Persons, who are residing in the territory of either Party. It shall apply under the same condition to members of their families, and to their survivors, with respect to the rights they derive from those refugees or stateless persons. National provisions which are more favourable shall not be affected.

ARTICLE 5 — Provisions for the Export of Benefit

Part II — Provisions which determine the Legislation applicable concerning Contribution Liability

ARTICLE 6 — General Provisions

ARTICLE 7 — Detached Workers

Subject to the provisions of Article 8, where a person insured under the legislation of one Party and employed by an employer in the territory of that Party is sent by that employer to work in the territory of the other Party, the legislation of the former Party concerning liability for contributions shall continue to apply to him as if he were employed in the territory of that Party, provided that the employment in the territory of the other Party is not expected to last for more than three years.

ARTICLE 8 — Travelling Personnel

The following provisions shall apply to any person employed as a member of the travelling personnel of an undertaking engaged in the transport of passengers or goods whether for another undertaking or on its own account:

• (a) subject to the provisions of sub-paragraphs (b) and (c), where a person is employed by an undertaking which has its principal place of business in the territory of one Party, the legislation of that Party concerning liability for contributions shall apply to him as if he were employed in its territory even if he is employed in the territory of the other Party;

• (b) subject to the provisions of sub-paragraph (c), where the undertaking has a branch or agency in the territory of one Party and a person is employed by that branch or agency, the legislation of that Party concerning liability for contributions shall apply to him;

• (c) where a person is ordinarily resident in the territory of one Party and is employed wholly or mainly in that territory, the legislation of that Party concerning liability for contributions shall apply to him, even if the undertaking which employs him does not have a place of business or branch or any agency in that territory.

ARTICLE 9 — Diplomats, Government Servants and Consular Employees

ARTICLE 10 — Modification Provisions

Exceptionally, the competent authorities of the Parties may agree to modify the provisions of Articles 6 to 9 in respect of particular persons or categories of persons.

Part III — Special Provisions

ARTICLE 11 — Conversion Formulae for Contributions

Part IV — Benefit Provisions

ARTICLE 12 — Sickness Benefit and Maternity Allowance

ARTICLE 13 — Maternity Grant under the Legislation of Jersey, Guernsey or Barbados

ARTICLE 14 — Invalidity Benefit

ARTICLE 15 — Retirement Pension and Widows' Benefit

ARTICLE 16 — Pro-Rata Pensions

ARTICLE 17 — Insurance Periods to be taken into Account

For the purpose of applying the provisions of Article 16 the competent authority of the United Kingdom shall take account only of insurance periods completed under the legislation of either Party which would be taken into account for the determination of pensions under the legislation of the United Kingdom if they were completed under that legislation and shall, where appropriate, take into account in accordance with that legislation, insurance periods completed by a spouse or former spouse as the case may be.

ARTICLE 18 — Overlapping Periods

For the purpose of applying the provisions of Article 16:

• (a) where a compulsory insurance period completed under the legislation of one Party coincides with a voluntary insurance period completed under the legislation of the other Party, only the compulsory insurance period shall be taken into account, provided that the amount of pension payable under the legislation of the latter Party under paragraph (2) of Article 16 shall be increased by the amount by which the pension payable under the legislation of that Party would have been increased if all voluntary contributions paid under that legislation had been taken into account;

• (b) where a contribution period, other than a voluntary contribution period, completed under the legislation of one Party coincides with an equivalent period completed under the legislation of the other Party, only the contribution period shall be taken into account;

• (c) where an equivalent period completed under the legislation of one Party coincides with an equivalent period completed under the legislation of the other Party, account shall be taken only of the equivalent period completed under the legislation under which the insured person was last insured before the day when the periods in question began or, if he was never insured before that day, under the legislation under which he first became insured after the day when the periods in question ended;

• (d) where a compulsory contribution period completed under the legislation of one Party coincides with a compulsory contribution period completed under the legislation of the other Party, each Party shall take into account only the compulsory contribution period completed under its own legislation;

• (e) where a voluntary contribution period completed under the legislation of one Party coincides with a voluntary contribution period completed under the legislation of the other Party, each Party shall take into account only the voluntary contribution period completed under its own legislation;

• (f) where it is not possible to determine accurately the period of time in which certain insurance periods were completed under the legislation of one Party, such insurance periods shall be treated as if they did not overlap with insurance periods completed under the legislation of the other Party and shall be taken into account to the best advantage of the beneficiary.

ARTICLE 19 — Benefits to be Excluded

For the purpose of applying the provisions of Article 16, no account shall be taken of the following benefits payable under the legislation of Great Britain, Northern Ireland or the Isle of Man:

• (a) any additional pension payable;

• (b) any graduated retirement benefit payable by virtue of any graduated contributions paid before 6 April 1975;

• (c) any increase of benefit payable by virtue of deferred retirement or deferred entitlement;

• (d) any invalidity allowance payable;

but any such benefits shall be added to the amount of any benefit payable under that legislation in accordance with paragraph (2) of Article 16.

ARTICLE 20 — Pre-Scheme Contributions

For the purpose of applying the provisions of this Convention, no account shall be taken under the legislation of Barbados of any contribution paid or credited under the legislation of the United Kingdom for any period before 5 June 1967.

ARTICLE 21 — Non-Simultaneous Entitlement

Where a person does not simultaneously satisfy the conditions for entitlement to a retirement pension under the legislation of both Parties, his entitlement from each Party shall be established as and when he satisfies the conditions applicable under the legislation of that Party, taking account, where appropriate, of the provisions of Article 16.

ARTICLE 22 — Widow’s Benefit

ARTICLE 23 — Benefits for Industrial Accidents and Industrial Diseases

ARTICLE 24 — Dual Attribution and Aggravation of an Industrial Disease

ARTICLE 25 — Dual Entitlement

ARTICLE 26 — Orphan’s Benefit

ARTICLE 27 — Child Benefit

ARTICLE 28 — Death Grant under the Legislation of Jersey, Guernsey or Barbados

ARTICLE 29 — Recovery of Advance Payments and Overpayments of Benefit

Part V — Miscellaneous Provisions

ARTICLE 30 — Arrangements for Administration and Co-operation

ARTICLE 31 — Submission of Claim or Appeal

ARTICLE 32 — Currency and Method of Payment

ARTICLE 33 — Resolution of Disputes

Part VI — Transitional and Final Provisions

ARTICLE 34 — Prior Acquisition of Rights

ARTICLE 35 — Ratification

This Convention shall be ratified and the instruments of ratification shall be exchanged as soon as possible. The Convention shall enter into force on the first day of the second month following the month in which the instruments of ratification are exchanged.

ARTICLE 36 — Life of the Convention

This Convention shall remain in force for an indefinite period. Either Party may denounce it at any time by giving six months' notice in writing to the other Party.

ARTICLE 37 — Rights on Termination of this Convention

In the event of the termination of this Convention, when no new Convention has been agreed, any right to benefit acquired by a person in accordance with its provisions shall be maintained and negotiations shall take place for the settlement of any other rights then in course of acquisition by virtue of those provisions.

In witness whereof the undersigned, duly authorised by their respective Governments, have signed this Convention.

Done in duplicate at London this 7th day of January 1992

For the Government of the United Kingdom of Great Britain and Northern Ireland:

Mark Lennox-Boyd

For the Government of Barbados:

Sir William Douglas

PROTOCOL CONCERNING HEALTH CARE

At the time of signing the Convention on Social Security concluded this day between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Barbados, hereinafter referred to as “the Convention”, the undersigned, duly authorised thereto by their respective Governments:

• Desirous of providing residents in the territory of Barbados and the United Kingdom during a temporary stay in the territory of the other Party with immediately necessary medical treatment

• Have agreed as follows:

ARTICLE 1

ARTICLE 2

ARTICLE 3

ARTICLE 4

This Protocol shall enter into force at the same time as the Convention and shall form an integral part of the Convention.

In witness whereof, the undersigned duly authorised thereto by their respective Governments, have signed this Protocol. Done in duplicate at London this 7th day of January 1992

For the Government of the United Kingdom of Great Britain and Northern Ireland:

Mark Lennox-Boyd

For the Government of Barbados:

Sir William Douglas

Signed

P. L. Brooke — One of Her Majesty’s Principal Secretaries of State — Dated this 16th day of March 1992.

Explanatory note

(This note is not part of the Order.)

This order makes provision for the modification of the Social Security (Northern Ireland) Act 1975 and Part II of the Child Benefit (Northern Ireland) Order 1975 to give effect to the Convention on Social Security made between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Barbados on 7th January 1992 and set out in the Schedule. A Protocol concerning health care forms an integral part of the Convention.

The Convention provides for reciprocity in sickness benefit and maternity allowance, maternity grant and death grant (under the legislation of Jersey, Guernsey and Barbados only), invalidity benefit, retirement pension and widow’s benefit, benefits for industrial accidents and industrial diseases, orphan’s benefit and child benefit.

Footnotes

[^f00001]: 1975 c. 15; section 134 was amended by section 20(3) of, and extended by section 20(4) of, the Social Security (Miscellaneous Provisions) Act 1977 (c. 5), and further amended by Article 66(2) of the Social Security (Northern Ireland) Order 1986 (S. I. 1986/1888 (N. I. 18)); subsection (1A) was inserted by Article 7(1) of the Social Security (Northern Ireland) Order 1981 (S. I. 1981/1118 (N. I. 25))

[^f00002]: S. I. 1975/1504 (N. I. 16); Article 17 was amended by Article 16 of the Social Security (Miscellaneous Provisions) (Northern Ireland) Order 1977 (S. I. 1977/610 (N. I. 11)), and Article 66(3) of the Social Security (Northern Ireland) Order 1986; paragraph (1A) was inserted by Article 7(2) of the Social Security (Northern Ireland) Order 1981