The Social Security (Jamaica) Order (Northern Ireland) 1997

• (2) Where a person resident in the territory of one Party claims benefit in respect of an industrial accident or industrial disease under the legislation of the other Party, and Article 23 of the Convention may apply, the competent authority of the latter Party shall enquire, from the competent authority of the former Party, whether a claim to benefit in respect of an industrial accident or industrial disease has been made to that Party.

Application of the Special Provisions for Orphan’s Benefit

For the implementation of Article 25 of the Convention, the competent authority of one Party shall provide the competent authority of the other Party with such information as may be required.

Application of the Special Provisions for Death Grant under the Legislation of (i) Jersey and Guernsey, and (ii) Jamaica

• (1) For the implementation of Article 26(2) of the Convention, the competent authority of one Party shall, on request, provide the competent authority of the other Party with such information regarding periods of insurance as may be required.

• (2) Where a person resident in the territory of one Party claims Death Grant under the legislation of the other Party, and Article 26(4) of the Convention may apply, the competent authority of the latter Party shall enquire, from the competent authority of the former Party, whether a claim to Death Grant has been made to that Party.

Recovery of Overpaid Benefit

• (1) For the implementation of Article 27 of the Convention the competent authority which has overpaid an amount of benefit and wishes to recover that overpayment from the arrears of benefit held by the other Party, shall notify the latter Party of its request either by the appropriate form or by letter.

• (2) The arrears of benefit available when the request is received, or which later become available after the request, shall be sent to the competent authority which is to make the recovery. After recovering the appropriate amount under Article 27 the balance of the arrears shall be paid to the beneficiary. Confirmation of the amount received and the amount paid to the beneficiary shall be notified to the competent authority which sent the arrears.

Medical Examination

• (1) The competent authority of one Party wishing to have a person medically examined whilst resident in the territory of the other Party shall provide the competent authority of the latter Party with details of the medical examination it requires to be made.

• (2) The competent authority of the latter Party shall make the necessary arrangements for the medical examination of the person and forward the resulting reports to the competent authority of the former Party.

Miscellaneous Provisions

• (1) Any claim or appeal to the competent authorities of the territory in which a person resides but proper to the competent authorities of the other Party shall be endorsed with the date of its receipt and sent to the competent authorities of the other Party.

• (2) The competent authority of one Party shall obtain, where necessary, from the competent authority of the other Party, any declaration or other information which may be required concerning any person for the purpose of the application of the Convention.

• (3) Where a competent authority of one Party is unable to collect contributions from an employer (or person) in the territory of the other Party, the competent authority of the latter Party shall provide assistance to collect the contributions. The assistance shall be limited to passing the demand for contributions, with instructions on how the contributions can be paid, to the liable employer (or person).

Part 3 — Programmes of Mutual Assistance

Functions of the Committee

• (1) The Committee, established under Part 1, Article 3(2), shall be responsible for the co-ordination and any modification of the Programmes of Mutual Assistance to be set out in Instruments in accordance with this Protocol. The Committee shall review the various periods stipulated for performance of the functions to be set out in additional instruments in order to ensure that required standards are met to the extent possible or to modify the stipulated periods, where appropriate.

• (2) Any modification to the programme of Mutual Assistance shall be set out in writing. Additional instruments to the Protocol shall be signed by the members of the Committee, or their designees.

• (3) The Committee shall be responsible, inter alia, for exchanging information and statistics related to the workloads and other administrative matters associated with the programme of assistance. The form and content of the information and statistics to be exchanged shall be settled by the Committee at its first meeting. The Committee may modify such form and content as may be appropriate in given circumstances.

• (4) The Committee shall meet, as required, to review progress and establish programme guidance and priorities, provided however that such meetings shall not normally be held more than once every two years. Meetings of the Committee shall normally be held alternatively in Jamaica and the United Kingdom.

Expenses

• (1) Subject to paragraph (3) below, in applying Article 2 of the Convention the assistance rendered under this Protocol shall be without charge to either Party. The foregoing notwithstanding, the Committee shall periodically review the expenses involved in providing such assistance with a view towards balancing the costs incurred by each side.

• (2) The United Kingdom undertakes to assist the competent authorities of Jamaica in the areas of technical assistance to enhance the capabilities of the latter Party to carry out fully its obligations pursuant to this Protocol.

• (3) The Committee may decide, on a case by case basis, that items of assistance which fall to be implemented in the context of the programme are susceptible to attracting a User Fee, to be negotiated on the basis of cost to the Party executing a particular request.

Confidentiality of Information

• (1) Pursuant to Article 28(10) of the Convention, information conveyed by either Party about an individual and required solely for the purposes of implementing this Protocol shall be used exclusively for the purpose of administering the Convention. Such information shall be governed by the laws applicable in either Party for the protection of privacy and confidentiality of personal data.

• (2) In no case shall a competent authority of either Party be expected to furnish information which is not obtainable under the laws of that, or the other Party.

Interpretation or Application

Any disagreement regarding the interpretation or application of this Protocol or its Instruments shall be resolved by the Committee, or failing that, by such other methods as may be resorted to, pursuant to Article 31(1) of the Convention. This Article is without prejudice to the rights and obligations of either Party under Article 31(2) and (3) of the Convention.

Entry into Force and Period of Operation

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

• (2) This Protocol shall remain in force for an indefinite period. The competent authorities of the United Kingdom and Jamaica undertake to initiate the programme of assistance specified in this Protocol and to be set out in future instruments as soon as is practicable.

• (3) The competent authorities of either Party may terminate programmes of assistance by providing written notification to the competent authorities of the other Party. Such notice of termination shall not affect either Party’s rights or obligations under the Convention, or those arising under this Protocol.

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

Done in duplicate at London this 12th day of November 1996.

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

Nic Bonsor

For the Government of Jamaica:

Portia Simpson

SCHEDULE 3 — Exchange of Notes between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Jamaica

[No. 1]

No. 20/97

The British High Commission present their compliments to the Ministry of Foreign Affairs and Foreign Trade and have the honour to refer to the Convention on Social Security and the Protocol thereto between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Jamaica signed at London on 12 November 1996 and, in accordance with Article 33 of that Convention, to notify the Ministry of Foreign Affairs and Foreign Trade that the Government of the United Kingdom has completed the constitutional and administrative requirements necessary for the implementation thereof.

The British High Commission have the honour to propose that, if the Government of Jamaica has similarly completed its constitutional and administrative requirements, the Convention and Protocol shall enter into force on 1 April 1997.

The High Commission avail themselves of this opportunity to renew to the Ministry of Foreign Affairs and Foreign Trade the assurance of their highest consideration.

British High Commission

KINGSTON

25 February 1997.

[No. 2]

The Ministry of Foreign Affairs and Foreign Trade presents its compliments to the British High Commission and has the honour to acknowledge receipt of the High Commission’s Note No. 20/97 of 1997 February 25, notifying completion by the Government of the United Kingdom of Great Britain and Northern Ireland of its constitutional and administrative requirements necessary for the implementation of the Convention on Social Security and the Protocol thereto between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Jamaica signed at London on 1996 November 12.

The Ministry of Foreign Affairs and Foreign Trade has the honour to advise that the constitutional and administrative arrangements necessary for the implementation of the said Convention and Protocol by the Government of Jamaica have also been completed. In accordance with Article 33 of that Convention therefore, the Convention and Protocol shall enter into force on 1997 April 1.

The Ministry of Foreign Affairs and Foreign Trade avails itself of this opportunity to renew to the British High Commission, the assurances of its highest consideration.

KINGSTON, 1997 MARCH 5

Signed

P. B. B. Mayhew — One of Her Majesty’s Principal Secretaries of State — Dated this 24th day of March 1997.

Editorial notes

Explanatory note

(This note is not part of the Order.)

This Order makes provision for the modification of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and the Social Security Administration (Northern Ireland) Act 1992 so as to give effect in Northern Ireland to the Convention on Social Security and Protocol signed on behalf of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Jamaica.

The Convention and Protocol (set out in Schedules 1 and 2 respectively to this Order) relate to reciprocity in invalidity benefit, retirement pension and widow’s benefit, orphan’s benefit and benefits for industrial accidents and industrial diseases.

The Order also contains revocations.

Footnotes