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:
PART I
GENERAL
PROVISIONS
Article 1 Definitions
(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 legislation of Jersey, Guernsey or Jamaica;
“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;
“orphan’s
benefit” means –
(i) guardian’s
allowance payable under the legislation of Great Britain, Northern Ireland or
the Isle of Man or Guernsey, or
(ii) orphan’s
benefit payable under the legislation of Jamaica;
“Party” means,
unless otherwise defined, the territory of the United Kingdom, including any part
of the United Kingdom, or Jamaica;
“pension”,
“allowance” or “benefit” includes any increases of, or
any additional amount payable with, a pension, allowance or benefit
respectively;
“qualifying year” means –
(i) in relation to
Great Britain, Northern Ireland or the Isle of Man, at least fifty weeks of
insurance for periods before 6 April 1975, or that the person has
received, or been treated as having received, earnings of at least fifty-two
times the lower earnings limit in an income tax year after 5 April 1978
under the legislation of Great Britain, Northern Ireland and the Isle of Man,
or
(ii) in
relation to Jersey, an annual contribution factor of 1.00 under the legislation
of Jersey, or
(iii) in
relation to Guernsey, an insurance period of not less than fifty weeks under
the legislation of Guernsey;
“reckonable
year” means, in relation to Great Britain, Northern Ireland and the Isle
of Man, an income tax year between 6 April 1975 and 5 April 1978
during which contributions have been paid on earnings received, or treated as
received, of at least fifty times the lower earnings limit for that year;
“refugee”
means a person so defined in Article 1 of the Convention on the Status of
Refugees signed on 28 July 1951 and the Protocol to that Convention signed
on 31 January 1967;
“retirement
pension” means retirement pension or old age pension payable under the
legislation of either Party;
“seasonal worker”
means –
(i) a person subject
to the legislation of Jersey or Guernsey, or
(ii) a
person subject to the legislation of Jamaica,
who goes to the territory
of Jersey or Guernsey or Jamaica (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;
“ship or
vessel” means any ship or vessel whose port of registry is a port in
either territory, or a hovercraft which is registered in either territory, and
whose legal or natural owner (or managing owner if there is more than one
owner) resides in, or has a place of business in, either territory;
“social
assistance” means income support payable under the legislation of Great
Britain or Northern Ireland, or supplementary benefit payable under the
legislation of the Isle of Man;
“territory” means –
(i) 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, or
(ii) in
relation to Jamaica, the island of Jamaica, the Pedro Cays, Morant Cays and
other islands within Jamaica’s archipelagic system;
“widow’s benefit”
means –
(i) widow’s
payment, widowed mother’s allowance and widow’s pension payable
under the legislation of Great Britain, Northern Ireland or the Isle of Man, or
(ii) widow’s
allowance, widowed mother’s allowance, widow’s pension and widowed
father’s allowance payable under the legislation of Jersey, or
(iii) widow’s
allowance, widowed mother’s allowance and widow’s pension payable
under the legislation of Guernsey, or
(iv) widow’s
and widower’s benefit payable under the legislation of Jamaica.
(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 an “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 Applicable
legislation
(1) This
Convention shall apply,
(a) in
relation to the territory of the United Kingdom, to:
(i) the Social
Security Administration Act 1992, the Social Security Contributions and
Benefits Act 1992, the Social Security (Consequential Provisions)
Act 1992 and the Social Security (Incapacity for Work) Act 1994;
(ii) the
Social Security Administration (Northern Ireland) Act 1992, the Social
Security Contributions and Benefits (Northern Ireland) Act 1992, the Social
Security (Consequential Provisions) (Northern Ireland) Act 1992 and the Social
Security (Incapacity for Work) (Northern Ireland) Order 1994;
(iii) the Social
Security Administration Act 1992, the Social Security Contributions and
Benefits Act 1992, the Social Security (Consequential Provisions)
Act 1992 and the Social Security (Incapacity for Work) Act 1994 (Acts
of Parliament) as those Acts apply to the Isle of Man by virtue of Orders made,
or having effect as if made, under the Social Security Act 1982 (an Act of
Tynwald);
(iv) the Social
Insurance (Guernsey) Law, 1978;
(v) the Social Security
(Jersey) Law, 1974;
and the legislation
which was repealed or consolidated by those Acts, Laws or Orders or repealed by
legislation consolidated by them;
(b) in
relation to Jamaica, to the National Insurance Act, 1965 and other
legislation to which it refers.
(2) Subject
to paragraphs (3) and (4), this Convention shall apply also to any
legislation which supersedes, replaces, amends, supplements or consolidates the
legislation specified in paragraph (1).
(3) This
Convention shall apply, unless the Parties agree otherwise, only to benefits
under the legislation specified in paragraph (1) at the date of entry into
force of this Convention and for which specific provision is made in this
Convention.
(4) This
Convention shall not apply –
(i) in relation to
Great Britain or Northern Ireland, to legislation on social security adopted by
the Council, or the Council and the Parliament of the European Community, or
(ii) in
relation to Jamaica, to any treaties arising under regional economic or other
arrangements to which Jamaica is, or may become, party 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 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
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
This Convention shall
apply to refugees who are residing in the territory of either Party. It shall
apply under the same conditions to members of their families, and to their
survivors, with respect to the rights they derive from those refugees.
Article 5 Provisions
for the export of benefit
(1) Subject
to paragraph (2), Articles 13 to 24 and Article 30, a person who
would be entitled to receive invalidity benefit under the legislation of
Jamaica, or a retirement pension, widow’s benefit, or any pension or
benefit payable in respect of an industrial accident or industrial disease
under the legislation of one Party, other than reduced earnings allowance
payable under the legislation of the United Kingdom, if he were in the
territory of that Party shall be entitled to receive that pension or benefit
while he is in the territory of the other Party, as if he were in the territory
of the former Party.
(2) Notwithstanding
paragraph (1), a person who is entitled to receive a retirement pension or
widow’s benefit under the legislation of Great Britain, Northern Ireland
or the Isle of Man and who would be entitled to an increase in the rate of that
pension or benefit if he were in Great Britain, Northern Ireland or the Isle of
Man shall be entitled to receive any such increase prescribed on or after 1
October 1972 by that legislation if he is in Jamaica, but nothing in this Article
shall confer entitlement to receive any such increases prescribed before that
date by that legislation.
(3) Where,
under the legislation of one Party, 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 that Party, it shall be payable while he
is in the territory of the other Party.
PART II
PROVISIONS
WHICH DETERMINE THE LEGISLATION APPLICABLE CONCERNING CONTRIBUTION LIABILITY
Article 6 General
Provisions
(1) Subject
to paragraphs (2) to (12) and Articles 7 to 11, where a person is
gainfully employed, liability for contributions for him shall be determined
under the legislation of the Party in whose territory he is so employed.
(2) Where
a person is employed in the territory of both Parties for the same period,
liability for contributions for him shall be determined only under the
legislation of the Party in whose territory he is ordinarily resident.
(3) Where
a person is self-employed in the territory of both Parties for the same period,
liability for contributions for him shall be determined only under the
legislation of the Party in whose territory he is ordinarily resident.
(4) Where
a person is employed in the territory of one Party and self-employed in the
territory of the other Party for the same period, liability for contributions
for him shall be determined only under the legislation of the former Party.
(5) No
provision of this Article shall affect a person’s liability to pay a
Class 4 contribution under the legislation of Great Britain, Northern Ireland
or the Isle of Man.
(6) Where
a person is not gainfully employed, any liability for contributions shall be
determined under the legislation of Guernsey if he is ordinarily resident in
Guernsey, or under the legislation of Jersey if he is ordinarily resident in
Jersey.
(7) Where,
but for this paragraph, a person would be entitled to pay contributions
voluntarily under the legislation of both Parties for the same period, he shall
be entitled to pay contributions only under the legislation of one Party
according to his choice.
(8) Where,
under Articles 7, 8(a) or (b), or 9(2), 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 United Kingdom and the legislation of
Jamaica does not apply to him in accordance with paragraphs (1) and (4) or
ceases to apply to him under Articles 7, 8(a) or (b), or 9(2), the
legislation of the United Kingdom shall apply to him as if he were ordinarily
resident in the United Kingdom.
(10) A
person who is entitled to receive invalidity benefit or injury benefit for any
period under the legislation of Jamaica while he is in Jersey or Guernsey,
shall be excepted from liability to pay a contribution in respect of that
period, other than as an employed or self-employed person, under the
legislation of Jersey or Guernsey.
(11) A
person who is entitled to receive widow’s benefit under the legislation
of Jersey shall be awarded credits only for periods during which that person is
ordinarily resident in Jersey.
(12) A
woman who is entitled to receive widow’s benefit under the legislation of
Guernsey while she is in Jamaica, shall not be credited with a Class 3
contribution in respect of every week during which that benefit is payable to her,
but shall be credited, for the purposes of entitlement to retirement pension or
death grant, in respect of each year during the whole or part of which such
benefit is payable, with a number of Class 3 contributions equal to her husband’s
yearly average of reckonable contributions at the date of his death. If the
rate of retirement pension payable to such a woman would be less than the rate
of widow’s benefit formerly payable it shall be increased to that of the
widow’s benefit.
Article 7 Detached
workers
Subject to Articles 8
and 9, where a person insured under the legislation of one Party, and employed
by an employer with a place of business in the territory of that Party, is sent
by that employer, either from the territory of that Party, or from a third
country not party to this Convention, 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, and the
legislation of the latter Party shall not apply to him.
Article 8 Travelling
personnel
Subject to Article 9,
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 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 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 Mariners
and others employed on board a ship or vessel
(1) Subject
to paragraphs (2) to (4), where a person is employed on board any ship or
vessel of one Party, the legislation of that Party concerning liability for
contributions shall apply to him as if any conditions relating to residence
were satisfied in his case, provided that he is ordinarily resident in the
territory of either Party.
(2) Where
a person who is insured under the legislation of one Party and employed either
in the territory of that Party or on board any ship or vessel of that Party, is
sent by his employer in the territory of that Party to work on board a ship or
vessel of the other Party, the legislation of the former Party concerning
liability for contributions shall continue to apply to him provided that his
employment on board the ship or vessel of the latter Party is not expected to
last for a period of more than one year. Where his employment on board the ship
or vessel of the latter Party continues after such period of one year, the
legislation of the former Party shall continue to apply to him for any further
period of not more than one year, provided that the competent authority of the
latter Party agrees thereto before the end of the first period of one year.
(3) Where
a person who is not normally employed at sea is employed other than as a member
of the crew, on board a ship or vessel of one Party, in the territorial waters
of, or at a port of, the other Party, the legislation concerning liability for
contributions of the Party in whose territory he is ordinarily resident shall
apply to him as if any conditions relating to residence were satisfied in his
case.
(4) Where
a person who is ordinarily resident in the territory of one Party and employed
on board any ship or vessel of the other Party is paid remuneration in respect
of that employment by a person who is ordinarily resident in, or by an undertaking
having a place of business in, the territory of the former Party, the
legislation of the former Party concerning liability for contributions shall
apply to him as if the ship or vessel were a ship or vessel of the former
Party, and the person or undertaking by whom the remuneration is paid shall be
treated as the employer for the purpose of such legislation.
Article 10 Diplomats,
government servants and consular employees
(1) This
Convention shall not apply to persons who are exempted from the social security
law of the Party in whose territory they are present or resident by virtue of
the Vienna Conventions on Diplomatic or Consular Relations.
(2) Subject
to paragraph (1), where any person who is in the Government Service of one
Party or in the service of any public corporation of that Party is employed in
the territory of the other Party, the legislation of the former Party
concerning liability for contributions shall apply to him as if he were
employed in its territory.
(3) Subject
to paragraphs (1) and (2), where a person is employed in a diplomatic
mission or consular post of one Party in the territory of the other Party, or
in the private service of an official of such a mission or post, the
legislation of the latter Party concerning liability for contributions shall
apply to him as if he were employed in its territory, unless within three
months of the entry into force of this Convention, or within three months of
the beginning of the employment in the territory of the latter Party, whichever
is later, he chooses to be insured under the legislation of the former Party,
provided that he was so insured within the period of one month immediately
before the commencement of the employment at that mission or post. Where, under
this paragraph, a person has the right to choose to be insured under the
legislation of the former Party but does not choose to do so, he shall not be
liable, nor entitled, to pay contributions under the legislation of the former
Party.
Article 11 Modification
Provisions
The competent authorities
of the Parties may agree to modify the application of Articles 6 to 10 in
respect of particular persons or categories of persons, it being understood
that such modification is an exceptional measure.
PART III
SPECIAL
PROVISIONS
Article 12 Conversion
formulae
(1) For
the purpose of calculating entitlement to any benefit under the legislation of
Great Britain, Northern Ireland or the Isle of Man in accordance with Articles 14
to 21, contribution periods or equivalent periods completed under the
legislation of Jamaica before 6 April 1975 shall be treated as if they had
been contribution periods or equivalent periods completed under the legislation
of Great Britain, Northern Ireland or the Isle of Man, as the case may be.
(2) For
the purpose of calculating entitlement to any benefit under the legislation of
Great Britain, Northern Ireland or the Isle of Man in accordance with Articles 14
to 21, contribution periods completed as a self-employed person or as a
non-employed person or equivalent periods completed under the legislation of
Jamaica after 5 April 1975 shall be treated as if they had been
contribution periods completed as a self-employed person or as a non-employed person
or equivalent periods completed under the legislation of Great Britain,
Northern Ireland or the Isle of Man, as the case may be.
(3) Subject
to paragraph (4), for the purpose of calculating an earnings factor for
assessing entitlement to any benefit under the legislation of Great Britain,
Northern Ireland or the Isle of Man in accordance with Articles 14 to 21,
a person shall be treated for each week beginning in a relevant income tax year
commencing after 5 April 1975, the whole or any part of which week is a
contribution period completed as an employed person under the legislation of
Jamaica, as having paid a contribution as an employed earner, or having
earnings on which primary Class 1 contributions have been paid, on earnings
equivalent to two- thirds of that year’s upper earnings limit.
(4) For
the purpose of calculating entitlement to additional pension under the
legislation of Great Britain, Northern Ireland or the Isle of Man, no account
shall be taken of any contribution period completed under the legislation of
Jamaica.
(5) For
the purposes of the calculation in Article 15(2) where:
(a) in
any income tax year commencing after 5 April 1975, an employed person has
completed periods of insurance exclusively in Jamaica and the application of paragraph (3)
results in that year being a qualifying year under the legislation of Great
Britain, Northern Ireland or the Isle of Man, he shall be deemed to have been
insured for fifty two weeks in that year;
(b) any
income tax year commencing after 5 April 1975 does not count as a
qualifying year under the legislation of Great Britain, Northern Ireland or the
Isle of Man, any periods of insurance completed in that year shall be
disregarded.
(6) For
the purpose of calculating the appropriate contribution factor to establish
entitlement to any benefit under the legislation of Jersey in accordance with Articles 13
to 24 and 26, a person shall be treated:
(a) for
each week in an insurance period completed under the legislation of Jamaica,
being a week in the relevant quarter, as having paid contributions which derive
a quarterly contribution factor of 0.077 for that quarter;
(b) for
each week in an insurance period completed under the legislation of Jamaica,
being a week in a relevant year, as having paid contributions which derive an
annual contribution factor of 0.0193 for that year.
(7) For
the purpose of calculating entitlement to any benefit under the legislation of
Guernsey, in accordance with Articles 13 to 24 and 26, contribution
periods or equivalent periods completed under the legislation of Jamaica shall
be treated as if they had been contribution periods or equivalent periods
completed under the legislation of Guernsey.
(8) For
the purpose of calculating entitlement to any benefit under the legislation of
Jamaica, in accordance with Articles 13 to 26, each contribution period or
equivalent period completed under the legislation of Great Britain, Northern
Ireland or the Isle of Man before 6 April 1975, shall be treated as if it
had been a contribution period or an equivalent period completed under the
legislation of Jamaica.
(9) For
the purpose of converting to an insurance period any earnings factor achieved
in any income tax year commencing after 5 April 1975 under the legislation
of Great Britain, Northern Ireland or the Isle of Man, the competent authority
of Great Britain, Northern Ireland or the Isle of Man, shall divide the
earnings factor achieved under its legislation by that year’s lower
earnings limit. 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 and shall be treated as if it had been
an insurance period completed under the legislation of Jamaica.
(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 and shall be treated as if it had been an
insurance period completed under the legislation of Jamaica.
(11) For
the purpose of converting insurance periods completed under the legislation of
Guernsey, each contribution period or equivalent period completed under that
legislation shall be treated as if it had been an insurance period completed
under the legislation of Jamaica.
PART IV
SECTION
1
BENEFIT
PROVISIONS
Article 13 Invalidity
benefit
(1) In
this Article “competent authority” means, in relation to Great
Britain, the Secretary of State for Social Security.
(2) Where
a person is entitled to receive invalidity benefit under the legislation of the
United Kingdom, he shall be entitled to receive that benefit in the territory
of Jamaica provided that, at the time of leaving the United Kingdom he was
considered by the competent authority of the United Kingdom likely to be
permanently incapacitated for work, and that he subsequently continues to
satisfy that authority that he remains incapacitated for work.
(3) Where
a person would be entitled to receive for the same incapacity and for the same
period invalidity benefit under the legislation of both Parties, whether by
virtue of this Convention or otherwise, he shall be entitled to receive only
the invalidity benefit under the legislation of the Party in whose territory
the incapacity began.
SECTION
2
RETIREMENT
PENSION AND WIDOW’S BENEFIT
Article 14 General
Provisions
(1) Subject
to paragraphs (2) to (4), where a person is entitled to a basic retirement
pension under the legislation of any part of either Party otherwise than by
virtue of this Convention, that pension shall be payable and Article 15
shall not apply under that legislation.
(2) Notwithstanding
paragraph (1), a person entitled to a Category B retirement pension under
the legislation of Great Britain, Northern Ireland or the Isle of Man shall
also be entitled to have any Category A retirement pension entitlement
determined in accordance with Article 15.
(3) Notwithstanding
paragraph (1), a married woman entitled to a retirement pension solely on her
husband’s contributions under the legislation of Jersey or Guernsey shall
also be entitled to have any pension entitlement based entirely on her own
insurance determined in accordance with Article 15. Such a married woman
shall be entitled to receive only the benefit of her choice.
(4) Entitlement
to a retirement pension in the circumstances referred to in paragraph (1)
shall not preclude the competent authority of any part of either Party from
taking into account, in accordance with paragraphs (4) to (6) of Article 15,
insurance periods completed under the legislation of any part of either Party.
Article 15 Pro-rata
pensions
(1) Subject
to Articles 14 and 16 to 20, this Article shall apply to
determine a person’s entitlement to retirement pension, including any
increase for dependants, under the legislation of any part of either Party.
(2) In
accordance with Article 12, the competent authority of any part of either
Party shall determine:
(a) the
amount of the theoretical pension which would be payable if all the relevant
insurance periods completed under the legislation of both Parties had been
completed under its own legislation;
(b) the
proportion of such theoretical pension which bears the same relation to the
whole as the total of the insurance periods completed under the legislation of
that part of either Party bears to the total of all the relevant insurance
periods completed under the legislation of both Parties.
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), where all the insurance
periods completed by any person under the legislation of:
(i) Great Britain,
Northern Ireland and 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 fifty weeks, or
(ii) Jersey
amount to less than an annual contribution factor of 1.00, or
(iii) Guernsey
amount to less than fifty weeks,
those periods shall be
treated in accordance with paragraph (4) or (5).
(4) Insurance
periods under paragraph (3) shall be treated as follows:
(a) as if
they had been completed under the legislation of any part of the United Kingdom
under which a pension is, or if such periods are taken into account, would be,
payable, or
(b) where
a pension is, or would be, payable under the legislation of two or more parts
of the United Kingdom as if they had been completed 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.
(5) Where
no pension is, or would be, payable under paragraph (4), insurance periods
under paragraph (3) shall be treated as if they had been completed under
the legislation of Jamaica.
(6) Where
all the insurance periods completed by a person under the legislation of
Jamaica amount to less than fifty-two weeks, those periods shall be treated as
if they had been completed under the legislation of the United Kingdom in
accordance with paragraph (4).
(7) Any
increase of benefit payable under the legislation of Great Britain, Northern
Ireland or the Isle of Man because of deferred retirement or deferred
entitlement, shall be based on the amount of the pro-rata pension calculated in
accordance with this Article.
Article 16 Insurance
periods to be taken into account
For the purpose of
applying Article 15 the competent authority of either Party shall take
account only of insurance periods (completed under the legislation of the other
Party) which would be taken into account for the determination of pensions
under its legislation if they had been completed under its legislation, and
shall, where appropriate, take into account in accordance with its legislation
insurance periods completed by a spouse, or former spouse, as the case may be.
Article 17 Overlapping
periods
For the purpose of
applying Article 15:
(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 15 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 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 18 Benefits
to be excluded
(1) For
the purpose of applying Article 15 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
invalidity allowance and incapacity age addition payable;
but any such benefit shall
be added to the amount of any benefit payable under that legislation in
accordance with paragraph (2) of Article 15.
(2) For
the purpose of applying Article 15 no account shall be taken of
wage-related pension payable under the legislation of Jamaica, but that pension
shall be added to the amount of any benefit payable under that legislation in
accordance with paragraph (2) of Article 15.
Article 19 Pre-scheme
contributions
For the purpose of
applying Articles 15 to 18 no account shall be taken under the
legislation of Jamaica of any contribution paid or credited under the
legislation of the United Kingdom for any period before 4 April 1966.
Article 20 Non-simultaneous
entitlement
Where a person does not
simultaneously satisfy the conditions for entitlement to a retirement pension
under the legislation of both Parties, his entitlement from each Party shall be
established as and when he satisfies the conditions applicable under the
legislation of that Party, taking account, where appropriate, of Article 15.
Article 21 Widow’s
benefit
(1) Articles 14
to 20 shall also apply, with such modifications as the differing nature of
the benefits shall require, to widow’s benefit.
(2) Where
widow’s benefit would be payable under the legislation of one Party if a
child were in the territory of that Party, it shall be payable while the child
is in the territory of the other Party.
SECTION
3
BENEFITS
FOR INDUSTRIAL ACCIDENTS AND INDUSTRIAL DISEASES
Article 22 General
Provisions
(1) Where
a person is employed in the territory of one Party and the legislation of the
other Party applies to him in accordance with any of the provisions of Articles 7
to 11, he shall be treated under the legislation of the latter Party for the
purpose of any claim to benefit in respect of an industrial accident or an
industrial disease contracted during that employment, as if the accident had
occurred or the disease had been contracted in the territory of the latter
Party. Where benefit would be payable in respect of that claim if the person
were in the territory of the latter Party, it shall be payable while he is in
the territory of the former Party.
(2) Where
a person leaves the territory of one Party to go in the course of his
employment to the territory of the other Party, but before he arrives in the
latter territory sustains an accident, then, for the purpose of any claim to
benefit in respect of that accident:
(a) the
accident shall be treated as if it had occurred in the territory of the Party
whose legislation applied to him at the time the accident occurred; and
(b) his
absence from the territory of that Party shall be disregarded in determining
whether his employment was as an employed person under that legislation.
(3) Where
a seasonal worker who is entitled to industrial injury benefit under the
legislation of Guernsey goes to Jamaica, he shall be entitled to continue to
receive such benefit for a period of not more than 13 weeks from the date of
departure from Guernsey.
(4) Where
because of a death resulting from an industrial accident or an industrial
disease, a benefit would be payable under the legislation of one Party in
respect of a child if that child were in the territory of that Party, that
benefit shall be payable while the child is in the territory of the other
Party.
Article 23 Dual
attribution and aggravation of an industrial disease
(1) Subject
to paragraph (2), where a person contracts an industrial disease, after
having been employed in the territories of both Parties in an occupation to
which, under the legislation of both Parties, the disease may be attributed and
he would be entitled to receive benefit in respect of that disease under the
legislation of both Parties, whether by virtue of this Convention or otherwise,
the benefit shall be payable only under the legislation of the Party in whose
territory he was last employed in that occupation before the disease was
diagnosed.
(2) Where
a person has suffered an aggravation of an industrial disease for which benefit
has been paid in accordance with paragraph (1), the following provisions
shall apply:
(a) if
the person has not had further employment in an occupation to which the disease
or the aggravation may be attributed, or has had such employment only in the
territory of the Party under whose legislation benefit has been paid, any
additional benefit to which he may become entitled as a result of such
aggravation shall be payable only under that legislation;
(b) if
the person makes a claim under the legislation of the Party in whose territory he
is employed on the ground that he has suffered an aggravation of the disease
while he was employed in the territory of that Party in an occupation to which,
under the legislation of that Party, the aggravation may be attributed, the
competent authority of that Party shall be liable to pay benefit only in
respect of the aggravation as determined under the legislation of that Party.
Article 24 Dual
entitlement
A person shall not be
entitled, whether by virtue of this Convention or otherwise, to receive
sickness benefit, including industrial injury benefit under the legislation of
Guernsey, invalidity benefit or maternity allowance under the legislation of
the United Kingdom for any period during which he is entitled to benefit, other
than a pension, under the legislation of the other Party in respect of
incapacity for work which results from an industrial accident or an industrial
disease.
SECTION
4
FAMILY
BENEFITS
Article 25 Orphan’s
benefit
(1) In
this Article “Party” means –
(i) Great Britain,
Northern Ireland, the Isle of Man or Guernsey, or
(ii) Jamaica,
as the case may be.
(2) For
the purpose of any claim to orphan’s benefit under the legislation of one
Party any period of presence or insurance completed under the legislation of,
or in the territory of, the other Party, as the case may be, shall be treated
as if it were a period of presence or insurance completed under the legislation
of, or in the territory of, the former Party.
(3) For
the purpose of any claim to orphan’s benefit under the legislation of
Guernsey, a person who has completed an insurance period under the legislation
of Jamaica, shall be treated as an insured person under the legislation of
Guernsey.
(4) Where
orphan’s benefit would be payable to a person under the legislation of
one Party if that person, or the orphan for whom the benefit is claimed, were
ordinarily resident in the territory of that Party, it shall be paid while that
person, or the orphan, is in the territory of the other Party.
(5) Where,
but for this paragraph, a person would be entitled to receive orphan’s
benefit under the legislation of both Parties in respect of the same orphan,
whether by virtue of this Convention or otherwise, he shall be entitled to
receive benefit only under the legislation of the Party in whose territory the
orphan is ordinarily resident.
SECTION
5
Article 26 Death
grant under the legislation of Jersey, Guernsey or Jamaica
(1) In
this Article “Party” means –
(i) Jersey or
Guernsey, or
(ii) Jamaica,
as the case may be.
(2) For
the purpose of any claim to death grant under the legislation of either Party
any insurance period completed under the legislation of one Party shall be
treated in accordance with Article 12 as if it were an insurance period
completed under the legislation of the other Party.
(3) Where
a person dies in the territory of either Party his death shall be treated, for
the purpose of any claim to death grant under the legislation of one Party, as
if it had occurred in the territory of that Party.
(4) Where
there would be entitlement to death grant under the legislation of both
Parties, whether by virtue of this Convention or otherwise:
(a) the
grant shall be payable only under the legislation of the Party in whose
territory the death occurs; or
(b) if
the death does not occur in the territory of either Party, the grant shall be
payable only under the legislation of the Party under whose legislation the person
on whose insurance the right to the grant is determined was last insured before
the death.
PART V
MISCELLANEOUS
PROVISIONS
Article 27 Recovery
of advance payments and overpayments of benefit
(1) Where
a competent authority of one Party has made a payment of any benefit to a person
for any period, or event, in advance of the period, or event, to which it
relates or has paid him any benefit for a period, or event, whether by virtue
of this Convention or otherwise, and the competent authority of the other Party
afterwards decides that the person is entitled to benefit for that period, or
event, under its legislation, the competent authority of the latter Party, at
the request of the competent authority of the former Party, shall deduct from
the benefit due for that period, or event, under its legislation any
overpayment which, by virtue of this Convention, results from the advance
payment of benefit, or from the benefit paid, by the competent authority of the
former Party and shall, where appropriate, transmit this sum to the competent
authority of the former Party.
(2) Where
a person has received social assistance under the legislation of Great Britain,
Northern Ireland or the Isle of Man for a period for which that person
subsequently becomes entitled to any benefit under the legislation of Jamaica,
the competent authority of Jamaica, at the request of and on behalf of the
competent authority of Great Britain, Northern Ireland or the Isle of Man,
shall withhold from the benefit due for that period the amount by which the
social assistance paid exceeded what would have been paid had the benefit under
the legislation of Jamaica been paid before the amount of social assistance was
determined, and shall transmit the amount withheld to the competent authority
of Great Britain, Northern Ireland or the Isle of Man.
Article 28 Arrangements
for administration, review and mutual assistance
(1) The
competent authorities of the two Parties shall:
(i) establish the
administrative measures necessary for the application of this Convention, and
(ii) establish
the institutional mechanism for carrying out periodic reviews to ensure the
correct application and operation of this Convention and its financial
integrity, and
(iii) agree
the regularity and form of such reviews.
(2) The
competent authorities of the two Parties shall transmit to each other, as soon
as practicable, all relevant information about the measures taken by them for
the application of this Convention or about changes in their national
legislation in so far as these changes affect the application of this
Convention.
(3) The
competent authorities of the two Parties shall establish liaison offices for
the purpose of facilitating the implementation of this Convention.
(4) The
competent authorities of the two Parties shall assist one another on any matter
relating to the application of this Convention as if the matter were one
affecting the application of their own legislation. This assistance shall be
free of charge.
(5) Where
any benefit is payable under the legislation of one Party to a person in the
territory of the other Party, arrangements for the payment may be made by the
competent authority of the latter Party, at the request of the competent
authority of the former Party, and the former Party shall reimburse the latter
Party.
(6) Where
a person who is in the territory of one Party has claimed, or is receiving,
benefit under the legislation of the other Party and a medical examination is
necessary, the competent authority of the former Party, at the request of the
competent authority of the latter Party, shall arrange for this examination.
The cost of such examination shall be met by the competent authority of the
former Party.
(7) A
medical board appointed by the competent authority of Jamaica, at the request
of the competent authority of Guernsey, shall be treated as a medical board for
determination of the disablement questions under the legislation of Guernsey.
(8) Certificates
or other documents which, under the legislation of either Party are exempt,
wholly or partly, from any taxes, legal dues, consular fees or administrative
charges, shall be exempt from all such dues, fees or charges when submitted by
the competent authorities of either Party, pursuant to National legislation or
this Convention.
(9) All
statements, documents and certificates of any kind required to be produced for
the purposes of this Convention shall be exempt from authentication by
diplomatic or consular authorities.
(10) Any
information about an individual which is sent in accordance with, and for the
purposes of, this Convention to a Party by the other Party is confidential and
shall be used only for the purpose of implementing this Convention and the
legislation to which this Convention applies. Such information shall be governed
by the laws applicable in either Party for the protection of privacy and
confidentiality of personal data.
Article 29 Submission
of claim or appeal
(1) Any
claim or appeal which should, for the purposes of the legislation of one Party,
have been submitted within a prescribed period to the competent authority of
that Party, shall be treated as if it had been submitted to that competent
authority if it is submitted within the same period to the competent authority
of the other Party.
(2) Any
claim to benefit submitted under the legislation of one Party shall also be
deemed to be a claim to the corresponding benefit under the legislation of the
other Party in so far as this corresponding benefit is payable in accordance
with this Convention.
Article 30 Currency
and method of payment
(1) Payment
of any benefit in accordance with this Convention may be made in the currency
of the Party whose competent authority makes the payment and any such payment
shall constitute a full discharge of the obligation in respect of which payment
has been made.
(2) Where
the competent authority of one Party has made a payment of benefit on behalf of
the competent authority of the other Party in accordance with Article 28(5),
any reimbursement of the amounts paid by the competent authority of the former
Party shall be in the currency of the latter Party.
(3) Where
a person in the territory of one Party is receiving benefit under the
legislation of the other Party, it shall be payable by whatever method the
competent authority of the latter Party deems appropriate.
Article 31 Resolution
of disputes
(1) The
competent authorities of the Parties to this Convention shall make all
reasonable efforts to resolve through agreement between them any dispute about
its interpretation or application.
(2) If
any dispute cannot be resolved as in paragraph (1) it shall be submitted,
at the request of the competent authority of either Party, to an arbitration
tribunal which shall be constituted in the following manner:
(a) each
Party shall appoint an arbitrator within three months from receipt of the
demand for arbitration. The two arbitrators shall appoint a third arbitrator,
who shall not be a national of either Party, within two months from the date on
which the Party which was the last to appoint its arbitrator has notified the
other Party of the appointment;
(b) if
within the prescribed period either Party should fail to appoint an arbitrator,
the other Party may request the President of the International Court of Justice
or, in the event of his having the nationality of one of the Parties, the
Vice-President or next senior judge of that Court not having the nationality of
either Party, to make the appointment. A similar procedure shall be adopted at
the request of either Party if the two arbitrators cannot agree on the
appointment of the third arbitrator.
(3) The
decision of the arbitration tribunal, shall be binding on both Parties. The
decision shall be adopted by a majority vote. The arbitration tribunal shall
determine its own rules of procedure.
(4) The
costs of the tribunal shall be borne in equal parts by the Parties. The
tribunal may, however, in its decisions direct that a higher proportion of
costs shall be borne by one of the Parties and this award shall be binding on
both Parties.
PART VI
TRANSITIONAL
AND FINAL PROVISIONS
Article 32 Prior
acquisition of rights – old Agreement replaced by new Convention
(1) Upon
the entry into force of this Convention the former Agreement shall terminate
and shall be replaced by this Convention.
(2) Any
right to benefit acquired by a person in accordance with the former Agreement
shall be maintained. For the purposes of this paragraph “any right to
benefit acquired” includes any right which a person would have had but
for his failure to claim timeously where a late claim is allowed.
(3) Any
rights in course of acquisition under the former Agreement at the date of entry
into force of this Convention shall be determined under this Convention.
(4) Where,
from the date of entry into force of this Convention, any claim to benefit has
not been determined and entitlement arises before that date, the claim shall be
determined under the former Agreement and shall be determined afresh under this
Convention from its date of entry into force. The rate determined under this
Convention shall be awarded from the date of its entry into force if this is
more favourable than the rate determined under the former Agreement.
(5) Benefit,
other than lump sum payments, shall be payable in accordance with this
Convention in respect of events which happened before the date of its entry
into force, except that an accident which occurred or a disease which developed
before that date shall not, solely by virtue of this Convention, be treated as
an industrial accident or an industrial disease if it would not have been so
treated under any legislation, or Agreement, having effect at the time of its
occurrence or development. For the purpose of determining claims under this
Convention, account shall be taken, where appropriate, of insurance periods and
periods of residence, employment or presence, completed before the date of its
entry into force.
(6) Paragraph (5)
shall not confer any right to receive payment of benefit for any period before
the date of entry into force of this Convention.
(7) For
the purposes of paragraph (2) and for applying the first sentence of paragraph (5):
(a) any
right to benefit may, at the request of the person concerned, be determined
afresh under this Convention with effect from the date of its entry into force
provided that the request has been made within two years of that date and, if
applicable, benefit awarded at the higher rate from that date;
(b) where
the request for the benefit to be determined afresh is made more than two years
after the date of entry into force of this Convention payment of benefit, and
the payment of any arrears, shall be made in accordance with the legislation
concerned.
(8) No
provision of this Convention shall diminish any rights or benefits which a person
has properly acquired under the legislation of any part of either Party before
the date of entry into force of this Convention.
Article 33 Entry
into force
The Convention shall
enter into force on a date to be specified in Notes exchanged by the Parties
through the Diplomatic Channel notifying each other that all constitutional
procedures as are necessary to give effect to this Convention have been
finalised.
Article 34 Life
of the Convention
This Convention shall
remain in force for an indefinite period. Either Party may denounce it at any
time by giving six months’ notice in writing to the other Party.
Article 35 Rights
on termination of this Convention not replaced by another
In the event of the
termination of this Convention and unless a new Convention containing
provisions regulating the matter is made, any right to benefit acquired by a person
in accordance with this Convention shall be maintained and negotiations shall
take place for the settlement of any other rights then in course of acquisition
by virtue of its provisions.
In witness whereof the
undersigned, duly authorised by their respective Governments, have signed this
Convention.
Done in duplicate at
London this 12th day of November 1996.
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For the Government of the United
Kingdom of
Great Britain and Northern Ireland:
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For the Government of Jamaica:
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Nic
Bonsor
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Portia
Simpson
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SCHEDULE 2
EXCHANGE OF NOTES BETWEEN
THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND
THE GOVERNMENT OF JAMAICA
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[No. 1]
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No. 20/97
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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.
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The 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.
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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.
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British High Commission
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KINGSTON
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25 February 1997
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[No. 2]
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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 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.
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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.
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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.
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KINGSTON, 1997 March 5
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