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

Contents

Article 1Citation and commencement#

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

Article 2Modification of the Social Security (Northern Ireland) Act 1975#

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.

Article 3Modification of the Child Benefit (Northern Ireland) Order 1975#

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

Part I · General Provisions

Article 1 · Definitions

(1)For the purpose of this Convention 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;• “Barbados” means the Island of Barbados;• “benefits for industrial accidents and industrial diseases” means—(a) 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 or Jersey, and, in addition, accident benefit payable under the legislation of Jersey;(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;(iii) employment injury benefits payable to a person in insurable employment for loss of physical or mental faculty, as a result of an accident or disease arising out of, and in the course of, such employment, or in respect of death resulting therefrom, under the legislation of Barbados;• “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 insurance 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 to a married woman under the legislation of Jersey or Guernsey by virtue of the contributions of her husband while he is alive;• “child benefit” means child benefit payable under the legislation of Great Britain, Northern Ireland or the Isle of Man or family allowance payable under the legislation of Jersey;• “competent authority” means, 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, the Social Security Committee of the States of the Island of Jersey or the States of Guernsey Insurance Authority as the case may require, and, in relation to Barbados, the Minister responsible for National Insurance, the National Insurance Board or the Director, National Insurance Scheme, as the context requires;• “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 in question;• “death grant” means a death grant payable under the legislation of Jersey or Guernsey, or a funeral grant payable under the legislation of Barbados;• “dependant” means, in relation to the United Kingdom, a person who would be treated as such for the purpose of any claim for an increase of benefit in respect of a dependant under the legislation concerned;• “employed person” means—(a) , except for the purposes of Articles 23 to 25, 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;(ii) , for the purposes of Articles 23 to 25, a person who is, or who is treated as being, an employed person under the legislation of Great Britain, Northern Ireland, the Isle of Man or Barbados, 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 one or the other Party;• “gainfully employed” means employed or self-employed;• “Guernsey” means the Islands of Guernsey, Alderney, Herm and Jethou;• “insurance period” means a contribution period or an equivalent period;• “insured” means, in relation to both Parties, 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 invalidity pension, additional pension and invalidity allowance payable under the legislation of Great Britain, Northern Ireland or the Isle of Man, invalidity benefit payable under the legislation of Jersey or Guernsey, and invalidity pension or grant payable under the legislation of Barbados;• “Jersey” means the Island of Jersey;• “legislation” means, in relation to a Party, such of the legislation specified in Article 2 as applies in the territory of a Party, or in any part of the territory of that Party;• “maternity allowance” means maternity allowance payable under the legislation of the United Kingdom, and maternity benefit payable under the legislation of Barbados;• “maternity grant” means maternity grant payable under the legislation of Jersey, Guernsey or Barbados;• “orphan’s benefit” means guardian’s allowance payable under the legislation of Great Britain, Northern Ireland, the Isle of Man or Guernsey;• “Party” means the territory of the United Kingdom, including any part of the United Kingdom, or Barbados;• “pension”, “allowance” or “benefit” includes any increases of, or any additional amount payable with, a pension, allowance or benefit, respectively;• “retirement pension” means retirement pension or old age pension payable under the legislation of the United Kingdom, and old age contributory pension payable under the legislation of Barbados;• “seasonal worker” means a person subject to the legislation of Jersey or Guernsey or Barbados who goes to the territory of Jersey or Guernsey or Barbados (not being the one in which he is ordinarily resident) in order to carry out in that territory for an employer or undertaking with a place of business there, employment of a seasonal character which depends on the cycle of the seasons and which recurs automatically each year, and the duration of which cannot in any case exceed eight months, and who remains in that territory for the duration of his employment;• “self-employed person” means a person who, in the applicable legislation, comes within the definition of a self-employed earner or of a self-employed person or is treated as such, and the words “person is self-employed” shall be construed accordingly;• “sickness benefit” means sickness benefit payable under the legislation of either Party;• “social assistance” means income support payable under the legislation of Great Britain and Northern Ireland, and supplementary benefit payable under the legislation of the Isle of Man;• “statutory maternity pay” means a payment which an employer must make under the legislation of Great Britain or Northern Ireland in connection with pregnancy and for a period before and after confinement;• “statutory sick pay” means a payment which an employer must make under the legislation of Great Britain or Northern Ireland in respect of sickness;• “territory” means, in relation to the United Kingdom, Great Britain, Northern Ireland and also the Isle of Man, Jersey and Guernsey; and references to the “United Kingdom” or to “territory” in relation to the United Kingdom shall include the Isle of Man, Jersey and Guernsey where appropriate;• “widow’s benefit” means widow’s allowance, widow’s payment, widowed mother’s allowance and widow’s pension payable under the legislation of the United Kingdom and, in addition, widowed father’s allowance payable under the legislation of Jersey, and survivors' pensions payable under the legislation of Barbados.

(2)Other words and expressions which are used in this Convention have the meanings respectively assigned to them in the legislation concerned.

(3)Any reference in this Convention to “Article” means an Article of this Convention, and any reference to a “paragraph” is a reference to a paragraph of the Article in which the reference is made, unless it is stated to the contrary.

Article 2 · Scope of Legislation

(4)This Convention shall not apply to legislation on social security of the Institutions of the European Community or to any convention on social security which either Party has concluded with a third party or to any laws or regulations which amend the legislation specified in paragraph (1) for the purpose of giving effect to such a convention, but shall not prevent either Party from taking into account under its legislation the provisions of any other convention which that Party has concluded with a third party.

Article 3 · Equal Treatment

Article 4 · Refugees and Stateless Persons

Article 5 · Provisions for the Export of Benefit

(5)Where a person is entitled to receive invalidity benefit under the legislation of Jersey or Guernsey, he shall be entitled to receive that benefit while he is in the territory of Barbados.

(6)Subject to the provisions of Article 12(2), a person who continues to be entitled to receive sickness benefit under the legislation of Jersey or Guernsey while he is in Barbados may:

(a)after receipt of 364 days sickness benefit, in the case of Jersey; or

(b)after receipt of 156 days sickness benefit in the case of Guernsey,

become entitled to receive invalidity benefit under the legislation of Jersey or Guernsey while he is in Barbados.

(7)Where, under the legislation of the United Kingdom, an increase of any of the benefits for which specific provision is made in this Convention would be payable for a dependant if he were in the territory of the United Kingdom, it shall be payable while he is in Barbados.

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

Article 10 · Modification Provisions

Article 6 · General Provisions

(8)Where under the provision of Articles 7, 8(a) or (b), a person is employed in the territory of one Party while remaining liable for contributions under the legislation of the other Party, the legislation of the former Party shall not apply to him and he shall not be liable, nor entitled, to pay contributions under the legislation of the former Party.

(9)Where a person is gainfully employed in the territory of one Party and the legislation of the other Party does not apply to him in accordance with the provisions of paragraphs (1) and (4), or ceases to apply to him under Articles 7, 8(a) or (b), the legislation of the former Party shall apply to him as if he were ordinarily resident in the territory of that Party.

Article 7 · Detached Workers

Article 8 · Travelling Personnel

Article 9 · Diplomats, Government Servants and Consular Employees

Part III · Special Provisions

Article 11 · Conversion Formulae for Contributions

(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

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

Article 18 · Overlapping Periods

Article 19 · Benefits to be Excluded

Article 20 · Pre-Scheme Contributions

Article 21 · Non-Simultaneous Entitlement

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

Article 36 · Life of the Convention

Article 37 · Rights on Termination of this Convention

Protocol concerning health care

Article 1

(1)For the purpose of this Protocol:

(a)“medical treatment” means:

(i)in relation to the United Kingdom and to the Isle of Man, treatment by services provided under national health legislation, administered by health authorities or by the Isle of Man Department of Health and Social Security respectively;

(ii)in relation to the Island of Jersey, hospital medical and nursing services, including dental, opthalmic and pharmaceutical services provided by the Public Health Committee of the States of Jersey;

(iii)in relation to the Islands of Guernsey, Alderney, Herm, Jethou and Sark, hospital treatment provided by the Board of Health of the States of Guernsey;

(iv)in relation to Barbados, health services provided by the Ministry of Health.

(b)“resident” means:

(i)in relation to the United Kingdom and the Isle of Man, a person who is ordinarily resident in the United Kingdom or the Isle of Man who holds either a valid United Kingdom passport including a passport issued by the Isle of Man or as appropriate one of the following:• a National Health Service Medical Card in the case of Great Britain and the Isle of Man• a Health Service Medical Card in the case of Northern Ireland;

(ii)in relation to the Island of Jersey, a person who is ordinarily resident in that island who holds a valid United Kingdom passport or a certificate issued by the Social Security Committee of the States of Jersey;

(iii)in relation to the Islands of Guernsey, Alderney, Herm, Jethou and Sark, a person who is ordinarily resident in one of those islands who holds either a valid United Kingdom passport or proof of insurance issued by the Social Security authority of the States of Guernsey or other proof of residence;

(iv)in relation to Barbados a person who is ordinarily resident in that Island who holds a Barbados passport, or a Barbados identification card.

(c)“territory” means:

(i)in relation to the United Kingdom, England, Scotland, Wales, Northern Ireland and also the Isle of Man, the Island of Jersey, and the Islands of Guernsey, Alderney, Herm, Jethou and Sark;

(ii)in relation to Barbados, the Island of Barbados.

(2)Other expressions have the same meaning as in the Convention.