The Social Security (Jamaica) Order 1997

• Citation: S.I. 1997/871
• Sections: 9

Section 1 Citation and commencement

This Order may be cited as the Social Security (Jamaica) Order 1997 and shall come into force on 1st April 1997.

Section 2 Modification of the Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992

The Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992 shall be modified to such an extent as may be required to give effect to the provisions contained in the Convention and the Protocol set out in Schedules 1 and 2 respectively to this Order so far as the same relate to England, Wales and Scotland.

Section 3 Revocation and Variation of Orders

(1) The National Insurance and Industrial Injuries (Jamaica) Order 1972 is hereby revoked.

(2) The reference to the National Insurance and Industrial Injuries (Jamaica) Order 1972 shall be omitted in Schedule 1 to the Social Security (Reciprocal Agreements) Order 1976 , the Schedule to the Social Security (Reciprocal Agreements) Order 1979 , the Schedule to the Social Security (Reciprocal Agreements) Order 1988 and Schedule 2 to the Social Security (Reciprocal Agreements) Order 1995 .

Section 1 Establishment

For the purposes of Part 2

(i) the following bodies have been designated the competent authorities for the purposes of the application of the Convention:

(a) in the United Kingdom:

(i) in Great Britain:

For all contingencies, including pension claims for Northern Ireland, except Articles 5 to 10,

Department of Social Security

Pensions and Overseas Benefits Directorate

Tyneview Park

Whitley Road

Benton

Newcastle upon Tyne

England

NE98 1BA

For Articles 5 to 10,

Contributions Agency

Overseas Contributions (RA)

Department of Social Security

Longbenton

Newcastle upon Tyne

England

NE98 1YX

(ii) in Northern Ireland:

For all contingencies except pension claims,

Social Security Agency

Overseas Branch

Commonwealth House

Castle Street

Belfast

Northern Ireland

BT1 1DX

(iii) in the Isle of Man:

For all provisions of the Convention,

Isle of Man Department of Health and Social Security

Markwell House

Market Street

Douglas

Isle of Man

(iv) in Jersey:

For all provisions of the Convention,

Employment and Social Security Department

Philip Le Feuvre House

La Motte Street

St Helier

Jersey

Channel Islands

(v) in Guernsey:

For all provisions of the Convention,

Guernsey Social Security Authority

Edward T Wheadon House

Le Truchot

St Peter Port

Guernsey

Channel Islands

GY1 3WH

(b) in Jamaica:

Ministry of Labour, Social Security and Sport

14 National Heroes Circle

PO Box 10

Kingston 5

Jamaica.

(ii) In accordance with Article 28 of the Convention the following bodies have been designated liaison offices between the competent authorities of both Parties for the purpose of applying the Convention:

(a) in the United Kingdom:

The competent authorities listed in Article 3(1)(i)(a).

(b) in Jamaica:

The competent authority listed in Article 3(1)(i)(b).

(iii) The competent authorities may communicate directly with one another and with any person or institution affected by the Convention or with their legal representative.

(iv) The competent authorities shall decide the texts of any certificates, reports and forms to be used for the purpose of undertaking the tasks laid down in these Arrangements.

Section 1 Application of the Special Provisions for Retirement Pensions

Where a claim to benefit under Articles 14, 15 and 21 of the Convention is received by the competent authority of one Party and the person declares that insurance has been paid under the legislation of the other Party, details of the claim and all relevant information shall be issued to other interested competent authorities as follows:

(i) Where the claim is made to one of the competent authorities in the United Kingdom that competent authority shall:

(a) send two copies of the appropriate liaison form to the competent authority in Jamaica;

(b) liaise with any other competent authority in the United Kingdom under whose legislation the claimant has been insured.

The latter competent authority, or competent authorities, in the United Kingdom shall send two copies of the appropriate liaison form to the competent authority in Jamaica;

(c) the competent authority in Jamaica shall return one copy of the liaison forms which it receives to the competent authority which issued the form and provide the information requested.

(ii) Where the claim is made to the competent authority in Jamaica that competent authority shall:

(a) send two copies of the appropriate liaison form to each of the competent authorities in the United Kingdom with which the claimant has been insured;

(b) where necessary, each of the competent authorities in the United Kingdom shall liaise to exchange insurance records;

(c) each of the competent authorities in the United Kingdom shall return one copy of the liaison form to the competent authority in Jamaica and provide the information requested.

Section 2 Establishment

For the purpose of Part 3

(i) The Programme of Mutual Assistance shall be under the general direction of a Management Committee (hereinafter referred to as the “Committee"), whose function shall be to undertake the ongoing reviews of the policy and procedures relating to the programme.

(ii) The Committee shall consist of four members:

(a) For the UK :

(i) The Territorial Director, Benefits Agency, Department of Social Security, or his designee.

(ii) The Head of International Relations Branch, Department of Social Security, or his designee.

(b) For Jamaica:

(i) The Hon. Minister of Labour, Social Security and Sport or his/her designees.

(ii) The Hon. Attorney-General or his/her designees.

Section 2 Application of the Special Provisions for Retirement Pensions

Information on liaison forms about the claimants, the insured person and any dependants shall, where necessary, be verified by the issuing competent authority.

Section 3

The competent authority of each Party shall thereafter notify each other of any fact relevant to the determination of the claim.

Section 4

The decision on a pension claim shall be sent direct to the claimant by the competent authority.