Social Security (Jamaica) Order 1997

JurisdictionUK Non-devolved
CitationSI 1997/871
  • This Order may be cited as the Social Security (Jamaica) Order 1997 and shall come into force on 1st April 1997.
  • 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.
  • (1) The National Insurance and Industrial Injuries (Jamaica) Order 1972 (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 1976 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—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...

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