The Social Security (Barbados) Order 1992

ARTICLE 34 E+W+S

PRIOR ACQUISITION OF RIGHTS

(1) No provision of this Convention shall diminish any rights or benefits which a person has properly acquired under the legislation of any part of either Party before the date of entry into force of this Convention.

(2) Any rights in course of acquisition at the date of entry into force of this Convention shall be settled in accordance with the provisions of this Convention.

(3) Benefit, other than lump sum payments, shall be payable in accordance with the provisions of this Convention in respect of events which happened before the date of its entry into force, except that an accident which occurred or a disease which developed before that date shall not, solely by virtue of this Convention, be treated as an industrial accident or an industrial disease if it would not have been so treated under any legislation or Convention having effect at the time of its occurrence or development. For the purpose of determining claims in accordance with this Convention, account shall be taken, where appropriate, of insurance periods and periods of residence, employment or presence, completed before the date of its entry into force.

(4) Paragraph (3) shall not confer any right to receive payment of benefit for any period before the date of entry into force of this Convention.

(5) For the purpose of applying the first sentence of paragraph (3):

(a) any right to benefit already acquired may, at the request of the person concerned be determined afresh in accordance with the provisions of this Convention with effect from the date of entry into force of this Convention, provided that the request has been made within two years of the date it enters into force and, if applicable, benefit awarded at the higher rate from the latter date;

(b) where the request for the benefit to be determined afresh is made more than two years after the date of entry into force of this Convention payment of benefit, and the payment of any arrears, shall be made in accordance with the legislation concerned.

(6) Where, under the legislation of Barbados, an old age contributory grant was paid before the date of entry into force of this Convention and where subsequent entitlement to a corresponding pension is established through the application of Article 16, the competent authority of Barbados may deduct from any benefit payable in the form of a pension any amount previously paid in the form of a grant.