Social Security (Jamaica) Order 1997

1997 No. 871

SOCIAL SECURITY

The Social Security (Jamaica) Order 1997

Made 19th March 1997

Coming into force 1st April 1997

At the Court at Buckingham Palace, the 19th day of March 1997

Present,

The Queen’s Most Excellent Majesty in Council

Whereas at London on 12th November 1996 a Convention on social security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Jamaica (which Convention is set out in Schedule 1 to this Order and is hereinafter referred to as “the Convention”) providing for an earlier Agreement between the Parties concerning reciprocity in social security and the extension and modification of that Agreement to be consolidated into a single document, with extensions and modifications in scope and taking account of changes in legislation, and a Protocol supplementary to the Convention (which Protocol is set out in Schedule 2 to this Order and is hereinafter referred to as “the Protocol”)1were signed on behalf of those Governments:

And Whereas by Article 33 of the Convention it is provided that the Convention shall enter into force on a date to be specified in Notes exchanged through the Diplomatic Channel by the Parties to the Convention notifying each other that all constitutional procedures as are necessary to give effect to the Convention have been finalised:

And Whereas at Kingston on 5th March 1997 Notes were exchanged on behalf of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Jamaica (which Notes are set out in Schedule 3 to this Order) specifying that the Convention shall enter into force on 1st April 1997:

And Whereas by Article 17 of the Protocol it is provided that the Protocol shall enter into force at the same time as the Convention and shall form an integral part of the Convention:

And Whereas by section 179(1)(a) and (2) of the Social Security Administration Act 19922it is provided that Her Majesty may by Order in Council make provision for modifying or adapting that Act and the Social Security Contributions and Benefits Act 19923in their application to cases affected by agreements with the Governments of countries outside the United Kingdom providing for reciprocity in matters specified in the said section:

Now, therefore, Her Majesty, in pursuance of section 179(1)(a) and (2) of the Social Security Administration Act 1992 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:—

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Social Security (Jamaica) Order 1997 and shall come into force on 1st April 1997.

S-2 Modification of the Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992

Modification of the Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992

2. The Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992 shall be modified to such an extent as may be required to give effect to the provisions contained in the Convention and the Protocol set out in Schedules 1 and 2 respectively to this Order so far as the same relate to England, Wales and Scotland.

S-3 Revocation and Variation of Orders

Revocation and Variation of Orders

3.—(1) The National Insurance and Industrial Injuries (Jamaica) Order 19724is hereby revoked.

(2) The reference to the National Insurance and Industrial Injuries (Jamaica) Order 1972 shall be omitted in Schedule 1 to the Social Security (Reciprocal Agreements) Order 19765, the Schedule to the Social Security (Reciprocal Agreements) Order 19796, the Schedule to the Social Security (Reciprocal Agreements) Order 19887and Schedule 2 to the Social Security (Reciprocal Agreements) Order 19958.

N. H. Nicholls

Clerk of the Privy Council

SCHEDULE 1

CONVENTION BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF JAMAICA ON SOCIAL SECURITY

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

Having established reciprocity in the field of social security by means of the Agreement which was signed on their behalf at London on 20 September 1972;

Wishing to consolidate the above Agreement and its extension and modification into a single document;

Wishing to extend and modify the scope of that reciprocity, including extension to the States of Jersey, and to take account of changes in their legislation;

Have agreed as follows—

GENERAL PROVISIONS

PART I

GENERAL PROVISIONS

Article 1

Article 1

Definitions

SCH-1.1

1. For the purpose of this Convention the following definitions apply, except where the context otherwise requires—

“additional pension” payable under the legislation of Great Britain, Northern Ireland or the Isle of Man means any additional pension based on the payment of insurance contributions above the level required for entitlement to basic pension;

“benefits for industrial accidents and industrial diseases” means—

(i) a pension or benefit payable to a person for loss of physical or mental faculty as a result of an industrial accident or an industrial disease arising out of, and in the course of, employed earner’s employment under the legislation of Great Britain, Northern Ireland or the Isle of Man, and accident benefit payable under the legislation of Jersey, or

(ii) a benefit payable to a person for personal injury or for loss of physical or mental faculty as a result of an accident arising out of, and in the course of, an insured person’s employment or self-employment, or an industrial disease under the legislation of Guernsey, or

(iii) a benefit attributable to injury or disease in employment payable under the legislation of Jamaica;

“Category A retirement pension” means either, or both, a basic retirement pension and an additional pension based on a person’s own insurance contributions or, for certain persons whose marriages have ended by divorce or widowhood, a basic retirement pension based on the former spouse’s insurance contributions, payable under the legislation of Great Britain, Northern Ireland or the Isle of Man, and an old age pension based on a person’s own contributions, or for certain persons whose marriages have ended by divorce or widowhood, based on the former spouse’s contributions, payable under the legislation of Jersey or Guernsey;

“Category B retirement pension” means a basic retirement pension payable to a married woman on her husband’s contributions or, for a widow or widower, either, or both, a basic retirement pension and an additional pension based on the late spouse’s contributions payable under the legislation of Great Britain, Northern Ireland or the Isle of Man, and an old age pension payable under the legislation of Jersey or Guernsey to a married woman by virtue of the contributions of her husband while he is alive;

“competent authority” means—

(i) in relation to the territory of the United Kingdom, the Department of Social Security for Great Britain, the Department of Health and Social Services for Northern Ireland, the Department of Health and Social Security of the Isle of Man, or

(ii) in relation to Jersey, the Employment and Social Security Committee of the States of Jersey, or

(iii) in relation to Guernsey, the Social Security Authority and,

(iv) in relation to Jamaica, the Minister responsible for National Insurance, and any person or body to whom the functions, relevant to this Convention, of any of those persons or bodies, may be transferred;

“contribution period” means a period in respect of which contributions appropriate to the benefit in question are payable, have been paid or treated as paid under the legislation concerned;

“death grant” means—

(i) a death grant payable under the legislation of Jersey or Guernsey, or

(ii) a funeral grant payable under the legislation of Jamaica;

“dependant” means a person who would be treated as such for the purpose of any claim to an increase of benefit in respect of a dependant under the legislation concerned;

“employed person” means—

(i) except for the purposes of Articles 22 to 24, a person who, in the applicable legislation, comes within the definition of an employed earner or of an employed person or is treated as such, and the words “person is employed” shall be construed accordingly, or

(ii) for the purposes of Articles 22 to 24, a person who is, or who is treated as being, an employed earner or an employed person under the legislation of Great Britain, Northern Ireland or the Isle of Man, or an employed or self-employed person under the legislation of Jersey or Guernsey;

“employment” means employment as an employed person and the words “employ”, “employed” or “employer” shall be construed accordingly;

“equivalent period” means a period for which contributions appropriate to the benefit in question have been credited under the legislation of either Party;

“former Agreement” means the Agreement signed at London on 20 September 1972;

“gainfully employed” means employed or self-employed;

“Guernsey” means the Islands of Guernsey, Alderney, Herm and Jethou;

“income tax year” means, in relation to the United Kingdom, the twelve months beginning with 6 April in any year;

“insurance authority” means the authority competent to decide entitlement to the benefit in question;

“insurance period” means a contribution period or an equivalent period;

“insured” means that contributions have been paid by, or are payable by, or in respect of, or have been credited in respect of, the person concerned;

“invalidity benefit” means—

(i) long-term incapacity benefit, additional pension, invalidity allowance and incapacity age addition payable under the legislation of Great Britain, Northern Ireland or the Isle of Man, or

(ii) invalidity benefit payable under the...

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