Social Security (Barbados) Order 1992

JurisdictionUK Non-devolved
CitationSI 1992/812
  • This Order may be cited as the Social Security (Barbados) Order 1992 and shall come into force on 1st April 1992.
  • The Social Security Act 1975 shall be modified to such extent as may be required to give effect to the provisions contained in the Convention and the Protocol set out in the Schedule to this Order so far as the same relate to England, Wales and Scotland.
  • Part I of the Child Benefit Act 1975 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 and the Protocol set out in the Schedule to this Order so far as the same relate to England, Wales and Scotland.
  • The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Barbados;Being resolved to co-operate in the field of social affairs and, in particular, in the matter of social security;Wishing to promote the welfare of persons moving between or working in their respective territories;Wishing to ensure that persons from both countries shall enjoy equal rights in respect of matters covered by this Convention under their respective social security legislation;Wishing to make arrangements for insurance periods completed under the legislation of the Contracting Parties to be added together for the purpose of determining the right to receive benefit;Wishing further to make arrangements for enabling persons moving between their respective territories to keep the rights which they have acquired under the legislation of the one Party or to enjoy corresponding rights under the legislation of the other Party;Have agreed as follows: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—
      • (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 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—
      • (i) , 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...

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