The Social Security (Barbados) Order 1992

ARTICLE 12 E+W+S

SICKNESS BENEFIT AND MATERNITY ALLOWANCE

(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 6 to 10, he shall be treated under that legislation for the purpose of any claim to sickness benefit or maternity allowance as if he were in the territory of the latter Party.

(2) Subject to the provisions of paragraph (7) and Article 32, where a person would be entitled to receive sickness benefit or maternity allowance under the legislation of the territory of the United Kingdom if he were in that territory, he shall be entitled to receive that sickness benefit or maternity allowance while he is in Barbados if:

(a) his condition necessitates immediate treatment during a stay in Barbados and, within six days of commencement of incapacity for work or such longer period as the competent authority may allow, he submits to the competent authority of the United Kingdom a claim for benefit and documentary evidence of incapacity for work issued by the doctor treating him; or

(b) having claimed and become entitled to sickness benefit or maternity allowance under the legislation of the United Kingdom, he is authorised by the competent authority of that Party to return to Barbados where he resides, or to transfer his residence to Barbados; or

(c) having claimed and become entitled to sickness benefit or maternity allowance under the legislation of the United Kingdom, he is authorised by the competent authority of that Party to go to Barbados to receive there treatment for his condition.

The authorisation required in accordance with sub-paragraph (b) may be refused only if it is established that movement of the person concerned would be prejudicial to his state of health or the receipt of medical treatment.

(3) Subject to the provisions of paragraph (4) and Article 32, where a person would, if he were in Great Britain or Northern Ireland, be entitled to statutory sick pay or statutory maternity pay under the legislation of Great Britain or Northern Ireland, he shall, provided that he satisfies all the conditions for entitlement to and payment of sickness benefit or maternity allowance under the legislation of Great Britain or Northern Ireland, with the exception of any conditions as to residence and presence in Great Britain or Northern Ireland, be entitled to that sickness benefit or maternity allowance while he is in Barbados, if:

(a) his condition necessitates immediate treatment during a stay in Barbados, and within six days of commencement of incapacity for work, or such longer period as the competent authority may allow, he submits to the competent authority of Great Britain or Northern Ireland a claim for benefit and documentary evidence of incapacity for work issued by the doctor treating him; or

(b) having become entitled to statutory sick pay or statutory maternity pay under the legislation of Great Britain or Northern Ireland, he is authorised by the competent authority of Great Britain or Northern Ireland to return to Barbados, where he resides, or to transfer his residence to Barbados; or

(c) having become entitled to statutory sick pay or statutory maternity pay under the legislation of Great Britain or Northern Ireland, he is authorised by the competent authority of Great Britain or Northern Ireland to go to Barbados, to receive there treatment for his condition.

The authorisation required in accordance with sub-paragraph (b) of this paragraph may be refused only if it is established that movement of the person concerned would be prejudicial to his state of health, or to the receipt of medical treatment.

(4) Nothing in this Article shall permit the payment of statutory sick pay or statutory maternity pay outside Great Britain or Northern Ireland.

(5) Subject to the provisions of paragraph (7) and Article 32, where a person would be entitled to receive sickness benefit under the legislation of Barbados, if he were in Barbados, he shall be entitled to receive that sickness benefit while he is in the territory of the United Kingdom if:

(a) his condition necessitates immediate treatment during a stay in the territory of the United Kingdom and, within six days of commencement of incapacity for work or such longer period as the competent authority may allow, he submits to the competent authority of Barbados a claim for benefit and documentary evidence of incapacity for work issued by the doctor treating him; or

(b) having claimed and become entitled to sickness benefit under the legislation of Barbados, he is authorised by the competent authority of that Party to return to the territory of the United Kingdom where he resides or to transfer his residence to the territory of the United Kingdom; or

(c) having claimed and become entitled to sickness benefit under the legislation of Barbados, he is authorised by the competent authority of that Party to go to the territory of the United Kingdom to receive there treatment for his condition.

The authorisation required in accordance with sub-paragraph (b) may be refused only if it is established that movement of the person concerned would be prejudicial to his state of health or the receipt of medical treatment.

(6) Where by virtue of contributions made under the legislation of Barbados a person would be entitled to receive maternity benefit if she were in the territory of Barbados, she shall be entitled to receive that maternity benefit while she is in the territory of the United Kingdom.

(7) Where a seasonal worker, who is entitled to sickness benefit under the legislation of Jersey or Guernsey or Barbados, returns to the territory in which he is ordinarily resident, he shall be entitled to continue to receive such benefit for a period of not more than thirteen weeks from the date of departure from Jersey, Guernsey or Barbados, as the case may be.