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The Social Security (Jamaica) Order 1997

S.I. 1997/871 · Made 19 March 1997 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 6 April 2017.

SOCIAL SECURITY

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")M1 were 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 1992M2 it 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 1992M3 in 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:—C1C2C3C4

Annotations to the whole text

Marginal citations

M1

See Cm 3527.

M2

1992 c.5.

M3

1992 c.4.

Modifications

C1

Instrument modified (9.4.2001) by Social Security (Reciprocal Agreements) Order 2001 (S.I. 2001/407), art. 2, Sch. 1, Sch. 2

C2

Instrument modified (22.2.2012) by The Social Security (Reciprocal Agreements) Order 2012 (S.I. 2012/360), arts. 1, 2, Sch. 1, Sch. 2

C3

Order modified (6.4.2016) by The Social Security (Reciprocal Agreements) Order 2016 (S.I. 2016/158), Sch. 1, Sch. 2

C4

Order modified (6.4.2017) by The Social Security (Reciprocal Agreements) Order 2017 (S.I. 2017/159), art. 1, Sch. 1, Sch. 2

Contents

  1. 1Citation and commencement
  2. 2Modification of the Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992
  3. 3Revocation and Variation of Orders
  4. Signature
  5. Schedule 1: CONVENTION BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF JAMAICA ON SOCIAL SECURITY
  6. Part
  7. Paragraph
  8. Paragraph
  9. Paragraph
  10. Paragraph
  11. Paragraph
  12. Part I: GENERAL PROVISIONS
  15. Definitions
  17. Applicable Legislation
  19. Equal treatment
  21. Refugees
  23. Provisions for the Export of Benefit
  24. Part II: PROVISIONS WHICH DETERMINE THE LEGISLATION APPLICABLE CON CERNING CONTRIBUTION LIABILITY
  27. General Provisions
  29. Detached Workers
  31. Travelling Personnel
  33. Mariners and others employed on board a ship or vessel
  35. Diplomats, Government Servants and Consular Employees
  37. Modification Provisions
  38. Part III: SPECIAL PROVISIONS
  41. Conversion Formulae
  42. Paragraph
  43. Part IV: BENEFIT PROVISIONS
  46. Invalidity Benefit
  47. RETIREMENT PENSION AND WIDOW’S BENEFIT
  49. General Provisions
  51. Pro-Rata Pensions
  52. Paragraph
  54. Insurance Periods to be taken into account
  56. Overlapping Periods
  58. Benefits to be excluded
  60. Pre-Scheme Contributions
  62. Non-Simultaneous Entitlement
  64. Widow’s Benefit
  65. BENEFITS FOR INDUSTRIAL ACCIDENTS AND INDUSTRIAL DISEASES
  67. General Provisions
  69. Dual Attribution and Aggravation of an Industrial Disease
  71. Dual Entitlement
  72. FAMILY BENEFITS
  74. Orphan’s Benefit
  77. Death Grant under the Legislation of Jersey, Guernsey or Jamaica
  78. Part V: MISCELLANEOUS PROVISIONS
  81. Recovery of Advance Payments and Overpayments of Benefit
  83. Arrangements for Administration, Review and Mutual Assistance
  85. Submission of Claim or Appeal
  87. Currency and Method of Payment
  89. Resolution of Disputes
  90. Part VI: TRANSITIONAL AND FINAL PROVISIONS
  93. Prior Acquisition of Rights—Old Agreement replaced by New Convention
  95. Entry Into Force
  97. Life of the Convention
  99. Rights on Termination of this Convention not replaced by another
  100. Schedule 2: PROTOCOL
  101. Part
  102. Paragraph
  103. Part 1
  106. General
  108. Paragraph
  110. 1Establishment
  111. 2Paragraph 2
  112. Part 2
  115. Administrative Arrangements
  117. Application of the Special Provisions for Invalidity Pension
  119. 1Application of the Special Provisions for Retirement Pensions
  120. 2Paragraph 2
  121. 3Paragraph 3
  122. 4Paragraph 4
  124. Application of the Special Provisions for Industrial Accidents and Industrial Diseases
  126. Application of the Special Provisions for Orphan’s Benefit
  128. Application of the Special Provisions for Death Grant under the Legislation of (i) Jersey and Guernsey, and (ii) Jamaica
  130. Recovery of Overpaid Benefit
  132. Medical Examination
  134. Miscellaneous Provisions
  135. Part 3: Programmes of Mutual Assistance
  138. Functions of the Committee
  140. Expenses
  142. Confidentiality of Information
  144. Interpretation or Application
  146. Entry into Force and Period of Operation
  147. Schedule 3: EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF JAMAICA
  148. Part [NO. 1]
  149. Paragraph
  150. Paragraph
  151. Paragraph
  152. Paragraph
  153. Paragraph
  154. Paragraph
  155. Paragraph
  156. Part [NO. 2]
  157. Paragraph
  158. Paragraph
  159. Paragraph
  160. Paragraph
  161. Explanatory note