National Insurance and Industrial Injuries (Jamaica) Order 1972
| Jurisdiction | UK Non-devolved |
| Citation | SI 1972/1587 |
1972 No. 1587
SOCIAL SECURITY
The National Insurance and Industrial Injuries (Jamaica) Order 197223rdOctober 1972
At the Court at Windsor Castle, the 23rd day of October 1972
Present,
The Queen's Most Excellent Majesty in Council
Whereas at London on 20th September 1972 an Agreement on social security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Jamaica (which Agreement is set out in the Schedule to this Order) was signed on behalf of those Governments:
And Whereas by Article 29 of the said Agreement it was provided that subject to the provisions of paragraph (1) of that Article the Agreement should enter into force on 1st October 1972:
And Whereas by section 105(1) of the National Insurance Act 1965(a) and section 84(1) of the National Insurance (Industrial Injuries) Act 1965(b) it is provided that Her Majesty may, by Order in Council, make provision for modifying or adapting the said Acts of 1965 in their application to cases affected by agreements with other governments providing for reciprocity in matters specified in those sections:
Now, therefore, Her Majesty, in pursuance of the said section 105(1) and the said section 84(1), 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:—
Citation and interpretation
1.—(1) This Order may be cited as the National Insurance and Industrial Injuries (Jamaica) Order 1972.
(2) The rules for the construction of Acts of Parliament contained in the Interpretation Act 1889(c) shall apply for the purpose of the interpretation of this Order as they apply to the interpretation of an Act of Parliament.
Modification of Acts
2. The provisions contained in the Agreement set out in the Schedule to this Order shall have full force and effect, so far as the same relate to England, Wales and Scotland and provide for reciprocity with the Government of Jamaica in any matters specified in either section 105(1) of the National Insurance Act 1965 or section 84(1) of the National Insurance (Industrial Injuries) Act 1965;
(a) 1965 c. 51.
(b) 1965 c. 52.
(c) 1889 c. 63.
and the National Insurance Acts 1965 to 1972 and the National Insurance (Industrial Injuries) Acts 1965 to 1972 shall have effect subject to such modifications as may be required therein for the purpose of giving effect to any such provisions.
W. G. Agnew.
SCHEDULE
AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF JAMAICA
The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Jamaica have agreed as follows:
PART I—DEFINITIONS AND SCOPE
ARTICLE 1
For the purposes of this Agreement, unless the context otherwise requires—
(a) "benefit" means any pension, allowance, or other benefit payable under the legislation of one (or the other) Contracting Party, and includes any increase payable for a dependant;
(b) "competent authority" means, in relation to the United Kingdom, the Secretary of State for Social Services for England, Scotland and Wales, the Ministry of Health and Social Services for Northern Ireland, the Isle of Man Board of Social Security, or the States of Guernsey Insurance Authority, as the case may require, and, in relation to Jamaica, the Minister responsible for National Insurance, and in relation to either the United Kingdom or Jamaica, as the case may require, any person or body to whom the functions, relevant to this Agreement, of any of those persons or bodies, may be transferred;
(c) "a contribution paid by or credited to a person" means a contribution or a credit (as the case may require), appropriate to the benefit in question, which has been paid by or credited to a person under the legislation of one (or the other) Party;
(d) "legislation" means, according to the context, the legislation specified in Article 2 of this Agreement in force in any part of the territory of one (or the other) Party;
(e) "old age benefit" means, in relation to the United Kingdom, a retirement pension or old person's pension, including age addition where appropriate, payable under the legislation of the United Kingdom, and, in relation to Jamaica, an old age pension payable under the legislation of Jamaica;
(f) "territory" means, in relation to the United Kingdom, England, Scotland, Wales, Northern Ireland, the Isle of Man, and the Islands of Guernsey, Alderney, Herm and Jethou, and, in relation to Jamaica, the island of Jamaica;
(g) other words and expressions have the meanings respectively assigned to them under the legislation which is being applied.
ARTICLE 2
(1) The provisions of this Agreement shall apply—
(a) in relation to the United Kingdom, to—
(i) the National Insurance Act, 1965, the National Insurance Act (Northern Ireland) 1966, the National Insurance (Isle of Man) Act 1971, and the legislation which was consolidated by, or repealed by legislation consolidated by, those Acts;
(ii) the National Insurance (Industrial Injuries) Act 1965, the National Insurance (Industrial Injuries) Act (Northern Ireland) 1966 and the National Insurance (Industrial Injuries) (Isle of Man) Act 1971;
(iii) the Social Insurance (Guernsey) Law 1964;
(b) in relation to Jamaica, the National Insurance Act, 1965.
(2) Subject to the provisions of paragraph (3) of this Article, this Agreement shall apply also to any law, order or regulation which supersedes, amends, supplements or consolidates the legislation specified in paragraph (1) of this Article.
(3) This Agreement shall apply, only if the Contracting Parties so agree, to laws, orders or regulations which amend or supplement the legislation mentioned in paragraph (1) or (2) of this Article for the purpose of giving effect to any reciprocal agreement on social security between one (or the other) Party and a third Party.
PART II—CONTRIBUTIONS
ARTICLE 3
(1) An employed person shall be subject, in relation to his employment, to the legislation of only one Contracting Party.
(2) If an insured person is liable to pay contributions as an employed person for any period under the legislation of one Party, he shall not be liable to pay contributions as a self-employed person or as a non-employed person for that period under the legislation of the other Party.
ARTICLE 4
(1) Subject to the provisions of paragraphs (2) and (3) of this Article, where a person is employed in the territory of one Contracting Party, the legislation of that Party shall apply to him, even if he resides in the territory of the other Party or if his employers' principal place of business is in that territory.
(2) Where a person, who is insured under the legislation of one Party and is employed by an employer who has a place of business in the territory of that Party is sent by that employer to the territory of the other Party, that legislation shall continue to apply to him as if he were employed in the territory of the former Party, provided that his employment in the territory of the latter Party is not expected to last for more than twenty-four months or such longer period as may be agreed by the competent authorities of the two Parties in any particular case.
(3) The provisions of paragraphs (1) and (2) of this Article shall not apply to members of the regular forces of either Party or to any person to whom any of the provisions of Articles 5, 6 and 7 of this Agreement apply.
ARTICLE 5
(1) Subject to the provisions of paragraph (2) of this Article, where a person, insured under the legislation of one Contracting Party and employed in the Government service of that Party or in the service of any public corporation of that Party, is sent in the course of his employment to the territory of the other Party, the legislation of the former Party shall continue to apply to him as if he were employed in the territory of the former Party.
(2) If a person has paid contributions under the legislation of one Party—
(a) in respect of his employment as a diplomatic agent of the other Party before the Vienna...
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