The Social Security (Barbados) Order 1992

Made: 16th March 1992

Coming into force: 1st April 1992

At the Court at Buckingham Palace, the 16th day of March 1992

Present,

The Queen’s Most Excellent Majesty in Council

Whereas at London on the 7th January 1992 a Convention on social security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Barbados (hereinafter referred to as “the Convention") and a Protocol supplementary to the Convention (hereinafter referred to as “the Protocol") were signed on behalf of those Governments:

And Whereas by Article 35 of the Convention it is provided that 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:

And Whereas by Article 4 of the Protocol it is provided that the Protocol shall form an integral part of the Convention:

And Whereas the Convention and the Protocol have been ratified by the said Governments and the instruments of ratification were exchanged on the 27th February 1992 and, accordingly, the Convention and the Protocol enter into force on 1st April 1992:

And Whereas by section 143 of the Social Security Act 1975 and section 15 of the Child Benefit Act 1975 it is provided that Her Majesty may by Order in Council make provision for modifying or adapting the said Social Security Act and for modifying the provisions of Part I of the said Child Benefit Act and regulations made under it in their application to cases affected by agreements with other Governments providing for reciprocity in matters specified in those sections:

Now, therefore, Her Majesty, in pursuance of the said section 143, and the said section 15, and of all other powers enabling Her in that behalf is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered as follows:—

Citation and commencement

1

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

Modification of the Social Security Act 1975

2

The Social Security Act 1975 shall be modified to such extent as may be required to give effect to the provisions contained in the Convention and the Protocol set out in the Schedule to this Order so far as the same relate to England, Wales and Scotland.

Modification of the Child Benefit Act 1975

3

Part I of the Child Benefit Act 1975 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 and the Protocol set out in the Schedule to this Order so far as the same relate to England, Wales and Scotland.

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

The result shall be expressed as a whole number, any remaining fraction being ignored. The figure so calculated, subject to a maximum of the number of weeks during which the person was subject to that legislation in that year, shall be treated as representing the number of weeks in the insurance period completed under that legislation.

• (10) For the purpose of converting to an insurance period any contribution factor achieved under the legislation of Jersey, the competent authority of Jersey shall:

• (a) in the case of a quarterly contribution factor, multiply the factor achieved by a person in a quarter by thirteen; and

• (b) in the case of an annual contribution factor, multiply the factor achieved by a person in a year by fifty-two.

The result shall be expressed as a whole number, any remaining fraction being ignored. The figure so calculated, subject to a maximum of the number of weeks during which the person was subject to that legislation in a quarter or in a year, as the case may be, shall be treated as representing the number of weeks in the insurance period completed under that legislation.

• (11) For the purpose of calculating entitlement to a pension under the legislation of Barbados, each contribution period or equivalent period completed under the legislation of Guernsey shall be treated as if it had been a contribution period or an equivalent period completed under the legislation of Barbados.

PART IV — BENEFIT PROVISIONS

ARTICLE 12 — SICKNESS BENEFIT AND MATERNITY ALLOWANCE

The authorisation required in accordance with sub-paragraph (b) may be refused only if it is established that movement of the person concerned would be prejudicial to his state of health or the receipt of medical treatment.

• (3) Subject to the provisions of paragraph (4) and Article 32, where a person would, if he were in Great Britain or Northern Ireland, be entitled to statutory sick pay or statutory maternity pay under the legislation of Great Britain or Northern Ireland, he shall, provided that he satisfies all the conditions for entitlement to and payment of sickness benefit or maternity allowance under the legislation of Great Britain or Northern Ireland, with the exception of any conditions as to residence and presence in Great Britain or Northern Ireland, be entitled to that sickness benefit or maternity allowance while he is in Barbados, if:

• (a) his condition necessitates immediate treatment during a stay in Barbados, and within six days of commencement of incapacity for work, or such longer period as the competent authority may allow, he submits to the competent authority of Great Britain or Northern Ireland a claim for benefit and documentary evidence of incapacity for work issued by the doctor treating him; or

• (b) having become entitled to statutory sick pay or statutory maternity pay under the legislation of Great Britain or Northern Ireland, he is authorised by the competent authority of Great Britain or Northern Ireland to return to Barbados, where he resides, or to transfer his residence to Barbados; or

• (c) having become entitled to statutory sick pay or statutory maternity pay under the legislation of Great Britain or Northern Ireland, he is authorised by the competent authority of Great Britain or Northern Ireland to go to Barbados, to receive there treatment for his condition. The authorisation required in accordance with sub-paragraph (b) of this paragraph may be refused only if it is established that movement of the person concerned would be prejudicial to his state of health, or to the receipt of medical treatment.

• (4) Nothing in this Article shall permit the payment of statutory sick pay or statutory maternity pay outside Great Britain or Northern Ireland.

• (5) Subject to the provisions of paragraph (7) and Article 32, where a person would be entitled to receive sickness benefit under the legislation of Barbados, if he were in Barbados, he shall be entitled to receive that sickness benefit while he is in the territory of the United Kingdom if:

• (a) his condition necessitates immediate treatment during a stay in the territory of the United Kingdom and, within six days of commencement of incapacity for work or such longer period as the competent authority may allow, he submits to the competent authority of Barbados a claim for benefit and documentary evidence of incapacity for work issued by the doctor treating him; or

• (b) having claimed and become entitled to sickness benefit under the legislation of Barbados, he is authorised by the competent authority of that Party to return to the territory of the United Kingdom where he resides or to transfer his residence to the territory of the United Kingdom; or

• (c) having claimed and become entitled to sickness benefit under the legislation of Barbados, he is authorised by the competent authority of that Party to go to the territory of the United Kingdom to receive there treatment for his condition. The authorisation required in accordance with sub-paragraph (b) may be refused only if it is established that movement of the person concerned would be prejudicial to his state of health or the receipt of medical treatment.

• (6) Where by virtue of contributions made under the legislation of Barbados a person would be entitled to receive maternity benefit if she were in the territory of Barbados, she shall be entitled to receive that maternity benefit while she is in the territory of the United Kingdom.

• (7) Where a seasonal worker, who is entitled to sickness benefit under the legislation of Jersey or Guernsey or Barbados, returns to the territory in which he is ordinarily resident, he shall be entitled to continue to receive such benefit for a period of not more than thirteen weeks from the date of departure from Jersey, Guernsey or Barbados, as the case may be.

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

The proportionate amount thus calculated shall be the rate of pension actually payable by the competent authority.

• (3) For the purpose of the calculation in paragraph (2):

• (a) where all the insurance periods completed by any person under the legislation of:

• (i) either Great Britain, Northern Ireland or the Isle of Man amount to less than one reckonable year or, as the case may be, one qualifying year, or relate only to periods before 6 April 1975 and in aggregate amount to less than 50 weeks, or

• (ii) Jersey amount to less than an annual contribution factor of 1.00, or

• (iii) Guernsey amount to less than 50 weeks, those periods shall be treated as if they had been completed under the legislation of any other part of the United Kingdom under which a pension is, or if such periods are taken into account would be, payable, or, where two such pensions are or would be payable, under the legislation of that part which, at the date on which entitlement first arose or arises, is paying or would pay the greater amount. Where no such pension is or would be payable by any other part of the United Kingdom, the periods shall be treated as if they had been completed under the legislation of Barbados;

• (b) where all the insurance periods completed by any person under the legislation of Barbados amount to less than 50 weeks those periods shall be treated as if they had been completed under the legislation of that part of the United Kingdom under which a pension is, or if such periods are taken into account would be, payable, or where such a pension is or would be payable under the legislation of two or more parts of the United Kingdom, under the legislation of that part which, at the date on which entitlement first arose or arises, is paying or would pay the greater or greatest amount.

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.