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Back to Revised Laws of Saint Lucia (2023)

PART VI
MISCELLANEOUS PROVISIONS

ARTICLE 52

The institution of the place of residence of a person who has received benefits that were not payable to him, or the institution designated by the competent authority of the Participating State in whose territory that person resides, shall cooperate with the institution of any other Participating State which has paid such benefits should the latter institution seek recovery from the person in question.

ARTICLE 53

Where the institution of a Participating State has paid to a beneficiary a sum in excess of his entitlement, that institution may request the institution of any other Participating State responsible for payment of corresponding benefits to that person to deduct the amount overpaid from the payments it is making to him. The latter institution shall withhold that amount to the extent to which such a deduction is permissible under the provisions of the legislation it applies, as if the overpayment had been made by it, and transfer the amount so withheld to the creditor institution.

ARTICLE 54

Where the institution of a Participating State has made an advance payment of benefits, it may request the institution of any other Participating State responsible for payment of corresponding benefits to that person to deduct the amount of the advance from the payments due to him. The latter institution shall transfer the amount withheld to the creditor institution.

ARTICLE 55

1. Where entitlement to benefits is not recognised by the institution stated to be the competent one, the cost of the benefits in kind provided by the institution of the place of stay under the presumption in paragraph 1 of Article 33 of this Agreement shall be refunded by the first-mentioned institution.

2. Where the person concerned is not entitled to benefits in kind, expenditure incurred by the institution of the place of residence or stay in respect of benefits in kind provided in a case covered by paragraph 1 of Article 38 of this Agreement shall be refunded by the institution designated by the competent institution of the Participating State concerned.

3. Where an institution has refunded benefits incorrectly paid in accordance with the provisions of paragraph 1 or 2 of this Articles, it shall remain the creditor of the recipient for the amount of the benefits incorrectly paid.

ARTICLE 56

In the event of a dispute between the institutions or competent authorities of 2 or more Participating States concerning either the legislation applicable under Part II of the Convention or the institution which is to provide benefit, the person who would have been able to claim benefit in the absence of such a dispute shall provisionally receive the benefit prescribed by the legislation which the institution of the place of residence applies or, where the person concerned does not reside in the territory of one of the Participating State concerned, by the legislation of the Participating State to which he was previously last subject. After settlement of the dispute, the cost of the benefits paid provisional shall be borne by the institution declared as liable to pay the benefits.

Any agreements concluded under Article 23 or Article 24 of the Convention shall be communicated to the Director General of the Organisation of Eastern Caribbean States within 3 months of the date of their entry into force.