
1 

(1) This Order may be cited as the 
National Insurance and Industrial Injuries (Bermuda) Order 1969.

(2) The rules for the construction of Acts
of Parliament contained in the 
Interpretation Act 1889 shall apply in relation
to this Order as they apply in relation to an Act of Parliament.
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 by way of agreement with the Government
of Bermuda for reciprocity with the said Government 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;
and the National Insurance Acts 1965 to 1969 and the National Insurance (Industrial
Injuries) Acts 1965 to 1969 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 INSURANCE BETWEEN THE GOVERNMENT OF THE
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF
BERMUDA 
The Government of the United Kingdom of Great Britain
and Northern Ireland and the Government of Bermuda have agreed as follows:
  

PART I
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, the Ministry
of Health and Social Services for Northern Ireland, the Isle of Man Board
of Social Services, the Social Security Committee of the States of Jersey
or the States of Guernsey Insurance Authority, as the case may require, and,
in relation to Bermuda, the Insurance Officer of Bermuda;
(c) “dependant”
 means a person for whom an increase
of benefit is payable under the legislation which is being applied;

(d) “legislation”
 means , according to the context, the
legislation specified in Article 2
in force in any part of the territory of one (or the other) Party;

(e) “old
age pension” means , in relation
to the United Kingdom, a retirement pension or old age pension payable under
the legislation of the United Kingdom, and, in relation to Bermuda, a contributory
old age pension payable under the legislation of Bermuda;
(f) “territory”
 means , in relation to the United Kingdom,
England, Scotland, Wales, Northern Ireland, the Isle of Man, and the Islands
of Jersey, Guernsey, Alderney, Herm and Jethou, and, in relation to Bermuda,
the Bermudas or Somers Islands;
(g) “widow's
benefit” means , in relation to
the United Kingdom, widow's benefit payable under the legislation of the United
Kingdom, and, in relation to Bermuda, a widow's allowance payable under the
legislation of Bermuda.
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 1948
, 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 1948;
(iii) the Insular
Insurance (Jersey) Law 1950; and
(iv) the Social
Insurance (Guernsey) Law 1964;
(b) in relation to Bermuda, to the 
Workmen's Compensation Act 1965 and the 
Contributory Pensions Act 1967.
(2) Subject to the provisions of 
paragraph (3) of this Article, the Agreement
shall apply also to any law, order or regulation which amends, supplements
or consolidates the legislation specified in 
paragraph (1) of this Article.
(3) The Agreement shall apply, only if the
Contracting Parties so agree, to laws, orders or regulations, which amend
or supplement the legislation specified in paragraph
(1) 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
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 Party,
the legislation of that Party shall apply to him, even if he resides in the
territory of the other Party or if his employer's 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 twelve 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 Her Majesty's regular forces
or to any person to whom any of the provisions of 
Articles 5, 6 and 
7 of this Agreement apply.
ARTICLE 5 

(1) Where a person, employed in the Government
service of one Contracting Party and insured under the legislation of that
Party, is sent 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 its
territory.
(2) Where a person in the Government service
of one Party is employed in the territory of the other Party, having been
engaged for that employment in that territory, the legislation of the latter
Party shall apply to him.
(3) The competent authorities of the Parties
may provide by agreement that, where a person, employed by a public corporation
or official body of one Party and insured under the legislation of that Party,
is sent to the territory of the other Party, the legislation of the former
Party shall apply to him as if he were employed in its territory.
ARTICLE 6 
If a person is employed as master or
a member of the crew of any ship or vessel belonging to Her Majesty which
is stationed in Bermuda and he is not a member of any of the naval, military
or air forces of the Crown, he shall be insured in relation to that employment—

(a) under the legislation of the United Kingdom
if he is ordinarily resident in the United Kingdom;
(b) under the legislation of Bermuda if he
is ordinarily resident in Bermuda.
ARTICLE 7 

(1) For the purpose of this Article, “ship” means 
, in relation to a Contracting Party, a ship or vessel (other than a ship
or vessel belonging to Her Majesty) which is owned in the territory of that
Party, or any other ship or vessel which is registered in that territory and
not owned in the territory of the other Party; and a ship or vessel shall
be deemed to be owned in one (or the other) territory if the owner or, where
there is more than one owner, the managing owner or manager resides or has
his principal place of business in that territory.
(2) Subject to the provisions of 
paragraphs (3) and (4)
of this Article, if a person, ordinarily resident in the territory of one
Party, is employed on board a ship of the other Party, then, in relation to
that employment, the legislation of the latter Party shall apply to him as
if he were ordinarily resident in the territory of that Party.
(3) If a person, ordinarily resident in the
territory of one Party, is employed as master or a member of the crew of a
ship of the other Party which is registered in the territory of the former
Party or calls regularly at ports of that Party, then, in relation to that
employment, the legislation of the former Party shall apply to him as if he
were employed as master or a member of the crew of a ship of the former Party.

(4) If a person, ordinarily resident in the
territory of one Party, is employed on board a ship of the other Party, and
is in the service of an employer having a place of business in the territory
of the former Party and not being the owner of the ship, then, in relation
to that employment, the legislation of the former Party shall apply to him
as if he were employed on board a ship of that Party.
ARTICLE 8 
Where a person ordinarily resident in
Bermuda is employed as a member of the crew of an aircraft registered in the
United Kingdom, the legislation of the United Kingdom shall apply to him as
if any conditions relating to residence or domicile in the United Kingdom
were satisfied in his case.
PART III
ARTICLE 9 

(1) The provisions of this Article shall
apply only to old age pensions and widow's benefit, payable under the legislation
of one (or the other) Contracting Party.
(2) Where a person would be entitled to receive
benefit under the legislation of one Party if he were in the territory of
that Party, he shall be entitled to receive that benefit while he is in the
territory of the other Party, provided that, if he is not ordinarily resident
in the territory of the former Party, then, subject to the provisions of 
paragraph (3) of this Article, the rate of
his benefit shall be determined in accordance with any provisions of that
legislation which concern the payment of benefit to persons who are not ordinarily
resident in the territory of the former Party.
(3) Any increase of benefit rates which,
after the entry into force of this Agreement, is awarded under the legislation
of one Party to beneficiaries in the territory of that Party shall apply also
to beneficiaries who are ordinarily resident in the territory of the other
Party.
(4) Where a person who is entitled to receive
benefit under the legislation of one Party would be entitled to receive an
increase of that benefit if a dependant of his were in the territory of that
Party, he shall be entitled to receive that increase if the dependant is in
the territory of the other Party.
ARTICLE 10 

(1) Where a person would be entitled to receive
any benefit under the legislation of one Contracting Party in respect of an
industrial accident or an industrial disease if he were in the territory of
that Party, he shall be entitled to receive that benefit while he is in the
territory of the other Party.
(2) The provisions of 
paragraph (1) of this Article shall apply also
to any increase of the benefit specified in that paragraph and any additional
allowance payable therewith, other than a special hardship allowance payable
under the legislation of the United Kingdom.
(3) Where a person who is entitled to receive
benefit under the legislation of one Party in respect of an industrial accident
or an industrial disease would be entitled to receive an increase of that
benefit if a dependant of his were in the territory of that Party, he shall
be entitled to receive that increase if the dependant is in the territory
of the other Party.
ARTICLE 11 

(1) If a person has been insured under the
legislation of both Contracting Parties, then—
(a) for the purpose of determining whether
he is entitled to receive an old age pension under the legislation of one
Party, any contribution paid by him or credited to him under the legislation
of the other Party shall be treated as if it were a contribution, respectively,
paid by him or credited to him under the legislation of the former Party;
and
(b) if he is entitled to receive an old age
pension under the legislation of the former Party, the rate of that pension
shall be a part of the rate of the pension which would have been payable to
him under that legislation if every contribution paid by him or credited to
him under the legislation of the latter Party had been a contribution, respectively,
paid by him or credited to him under the legislation of the former Party,
namely, that part which bears the same relation to the whole as the number
of contributions paid by him or credited to him under the legislation of the
former Party bears to the total number of contributions paid by him or credited
to him under the legislation of both Parties.
(2) For the purpose of applying the provisions
of paragraph (1)
of this Article—
(a) no account shall be taken of any graduated
contributions paid under the legislation of the United Kingdom or of any graduated
retirement benefit payable under that legislation, but any such benefit which
is payable by virtue of such contributions shall be paid in addition to the
old age pension which is calculated in accordance with those provisions;
(b) in those cases where, under the legislation
of one (or the other) Party, the person concerned is—
(i) a woman claiming an old age pension by
virtue of her husband's insurance; or
(ii) a woman whose husband's contributions
are taken into account in determining her right to receive an old age pension
by virtue of her own insurance, her marriage having been terminated by the
death of her husband or otherwise;any reference to a contribution paid by a person or credited to
a person shall be construed, for the purpose of ascertaining her husband's
yearly average of contributions, as including a reference to a contribution
paid by her husband or credited to him;
(c) where a person has reached pensionable
age, as prescribed in his case under the legislation of the United Kingdom,
no account shall be taken under that legislation of any subsequent contributions
which he pays under the legislation of Bermuda or has credited to him under
that legislation.
(3) For the purpose of determining, in accordance
with the provisions of paragraph (1)
of this Article, whether a person is entitled to receive benefit under the
legislation of Bermuda and for the purpose of determining, in accordance with
those provisions, what benefit would have been payable under that legislation
if every contribution paid by a person or credited to him under the legislation
of the United Kingdom had been a contribution respectively paid by him or
credited to him under the legislation of Bermuda, no account shall be taken
of any contribution paid or credited under the legislation of the United Kingdom
for any week before the week beginning on 5th August 1968.
(4) For the purpose of applying the provisions
of sub-paragraph (b) of paragraph (1)
of this Article, no account shall be taken of any contribution which a person
has paid or had credited to him under the legislation of the United Kingdom
if, in the calculation of the yearly average of contributions paid by him
or credited to him under that legislation, no account is taken of that contribution.

(5) The provisions of the foregoing paragraphs
of this Article shall not apply in relation to the legislation of one (or
the other) Party in any case where a person qualifies for an old age pension
under that legislation solely by virtue of contributions paid or credited
under that legislation.
ARTICLE 12 

(1) The provisions concerning old age pensions
contained in Article 11
of this Agreement shall apply (with such modifications as the differing nature
of the benefit shall require) to claims for widow's benefit under the legislation
of one (or the other) Contracting Party.
(2) Where, under the legislation of one Party,
a woman would be entitled to receive widow's benefit if a child or young person
were in the territory of that Party, she shall be entitled to receive that
benefit while the child or young person is in the territory of the other Party.

(3) Where a woman is receiving widow's benefit
for any period under the legislation of one (or the other) Party in accordance
with the provisions of paragraph (1)
of this Article and her benefit has been calculated under the provisions of 
paragraphs (1), (2)
and (4) of Article 11 of
the Agreement, contributions shall be credited to her under that legislation
only for the part of that period which bears the same relation to the whole
as that specified in respect of her claim under that legislation in 
sub-paragraph (b) of paragraph (1) of that
Article.
ARTICLE 13 

(1) Subject to the provisions of 
paragraphs (2) and (3)
of this Article, where a person who is resident in Bermuda claims a non-contributory
old age pension under the legislation of Bermuda, any period during which
he has been ordinarily resident in the United Kingdom shall be treated, for
the purposes of his claim, as a period during which he has been ordinarily
resident in Bermuda.
(2) Where a person is entitled to receive
a retirement pension under the legislation of the United Kingdom and would
be entitled, but for the provisions of this paragraph, to receive also a non-contributory
old age pension under the legislation of Bermuda, he shall not receive more
by way of the latter pension than any amount by which the former pension is
less than the standard rate of the latter pension.
(3) The provisions of 
paragraph (2) of this Article shall not apply
to anyone who, before 5th August 1973, qualifies for a non-contributory old
age pension under the legislation of Bermuda, otherwise than by virtue of
the provisions of paragraph (1)
of this Article.
ARTICLE 14 

(1) Where a person is employed in the territory
of one Contracting Party and the legislation of the other Party applies to
him in accordance with any of the provisions of 
Articles 4 and 5
of this Agreement, he shall be treated for the purpose of any right to receive
benefit under that legislation for an accident happening or an industrial
disease contracted in the course of that employment as if the accident had
happened or the disease had been contracted in the territory of the latter
Party.
(2) If an accident happens to an employed
person after he leaves the territory of one Party to go, in the course of
his employment, to the territory of the other Party and before he arrives
in the latter territory, then, for the purpose of any claim to receive benefit
in respect of that accident—
(a) the accident shall be treated as if it
had happened in the territory of the Party whose legislation was expected
to apply to him in the latter territory; and
(b) his absence from the territory of either
Party shall be disregarded in determining whether that legislation applied
to him at the time of the accident.
ARTICLE 15 

(1) Where, but for the provisions of this
Article, a person would have been entitled to receive benefits under the legislation
of both Contracting Parties for the same period, an adjustment shall be made,
subject to the provisions of this Article, under the legislation of one Party,
namely—
(a) that Party—
(i) in whose territory he is at the beginning
of the period; or
(ii) in whose territory he is ordinarily
resident, if he is not in the territory of either Party at that time; or
(iii) in whose territory he was last ordinarily
resident before that time, if at that time he is not in or ordinarily resident
in the territory of either Party; or
(b) if the competent authorities so agree,
the other Party.
(2) For the purpose of the adjustment specified
in paragraph (1)
of this Article, the benefit which would otherwise have been payable under
the legislation of the Party specified in that paragraph shall be reduced
by any amount by which the sum of the two benefits exceeds the amount which
would have been payable under that legislation if the benefit payable under
the legislation of the other Party had been the corresponding benefit payable
under the legislation of the former Party.
(3) The provisions of 
paragraph (1) of this Article shall not apply
in any case—
(a) where one of the benefits is a non-contributory
old age pension payable under the legislation of Bermuda;
(b) where one of the benefits is an old age
pension payable to a woman by virtue of her husband's insurance and the other
is widow's benefit;
(c) where both the benefits are old age pensions
payable to a man;
(d) where both the benefits are old age pensions
payable to a woman by virtue of her own insurance; or
(e) where both the benefits are widow's benefits.

PART IV
ARTICLE 16 
The competent authorities—
(a) shall make such administrative arrangements
as may be required for the application of this Agreement;
(b) shall communicate to each other information
regarding any measure taken by them for the application of the Agreement;

(c) shall furnish assistance to one another
with regard to any matter relating to the application of the Agreement;
(d) shall communicate to each other, as soon
as possible, information regarding any change in their legislation which may
affect the application of the Agreement.
ARTICLE 17 
Where, under the provisions of this
Agreement, any benefit is payable by the competent authority of one Contracting
Party to a person who is in the territory of the other Party, the payment
may, at the request of that authority, be made by the competent authority
of the latter party as agent for the competent authority of the former Party.

ARTICLE 18 
No benefit paid under the legislation
of one Contracting Party by virtue of this Agreement shall be reimbursed out
of any fund established under the legislation of the other Party.
ARTICLE 19 
Where a person becomes entitled, under
the legislation of one Contracting Party, to receive arrears of benefit for
any period, the competent authority responsible for the payment of these arrears
may, at the request of a competent authority of the other Party, deduct from
these arrears any amount by which the latter authority has paid sums by way
of benefit for that period under the legislation of the latter Party in excess
of the benefit which was actually due to the person for that period under
that legislation, and may transmit this amount to the latter authority.
ARTICLE 20 
Any exemption from, or reduction of,
legal dues, charges and fees, provided for in the legislation of one Contracting
Party in connection with the issue of any certificate or document required
to be produced for the purposes of that legislation, shall be extended to
certificates and documents required to be produced for the purposes of the
legislation of the other Party.
ARTICLE 21 
Any claim, notice or appeal which should,
for the purposes of the legislation of one Contracting Party, have been presented
within a prescribed period to a competent authority of that Party, but which
is in fact presented within the same period to the corresponding authority
of the other Party, shall be treated as if it had been presented to the authority
of the former Party. In such cases, the authority of the latter Party shall,
as soon as possible, arrange for the claim, notice or appeal to be sent to
the competent authority of the former Party.
ARTICLE 22 
In the event of the termination of this
Agreement, any right acquired by a person in accordance with its provisions
shall be maintained, and negotiations shall take place for the settlement
of any rights then in course of acquisition by virtue of those provisions.

ARTICLE 23 

(1) No provision of this Agreement shall
diminish any rights which a person has acquired under the legislation of either
Contracting Party before the date of the entry into force of the Agreement.

(2) The provisions of this Agreement, in
so far as they modify the legislation of either Party concerning industrial
injuries insurance or workmen's compensation, shall have effect only from
a date to be agreed by the competent authorities of the two Parties after
the entry into force of the Agreement.
(3) Subject to the provisions of 
paragraphs (1) and (2)
of this Article, the Agreement shall enter into force on 1st November 1969
and shall remain in force for a period of one year from that date. Thereafter,
it shall continue in force from year to year unless notice of termination
is given in writing by either Party at least three months before the expiry
of any such yearly period.
In witness whereof the undersigned, duly authorised thereto
by their respective Governments, have signed this Agreement.
Done in duplicate and signed at London on the 13th day of October
1969 and at Hamilton on the 23rd day of October 1969.
For the Government of the United Kingdom of Great Britain and
Northern Ireland:
R. H. S. CROSSMAN
For the Government of Bermuda:
H. J. TUCKER

