NATIONAL INSURANCE REGULATI~ Containing� - ._- I

(i) The National Insurance (Benefit) Regulations (Cap. 205) (ii) The National Insurance (Amendment) (Act No. 33 of 1994)� (iil) The National Insurance (Benefit) (Amendment) Regulations�

(s. R." O. No. 33 of 1994) (iv) The National Insurance (Benefit) (Amendment) Regulations

(S. R. & O. No.6 of 1995) (v)� The National Insurance (Collection of Contributions) (Amendment)

Regulacions (S. R." O. No.7 of 1995) (vi)� The National Insurance (Collection of Contributions) (Amendment)

Regulations (S. R. & O. No. 54 of 1997) (vii) The National Insurance (Benetlt) (Amendment) Regulations

(S. R. "� o. No. 55 of 1997) (viii) The National Insurance (Financial and Accounting) Regulations

(S. R." O. No. 56 of 1997) (ix) The National Insurance (Miscellaneous Amendments) Regulations

(S. R. & o. No. 59 of 1997) (x) The National Insurance (Employment Injury Benefit) Regulations

(S. R." O. No.7 of 1998) (xi) The National Insurance (Collection ofContribucions) (Amendmenc)

Regulations (S. R. & O. No.8 of 1998) (xii) The Workmen's Compensation (Repeal) (Act No. II of 1998) (xiii) The Nacional Insurance (Benefit) (Amendment) Regulations

(s. R." o. No. 36 of2006) (xix) The National Insurance (Collection ofContribmions) (Amendment)

Regulations (S. R. & O. No. 37 of2006) (xx) The National Insurance (Voluncary Contributions) (Amendment)

Regulations (S. R. & O. No. 38 of 2006) (xxi) The National Insurance (Financial and Accounting) (Amendment)

Regulations (S. R. & o. No. 39 of2006) (xxii)� The National Insurance (Self Employed Persons) (Amendment)

Regulations (S. R. ,,0. No. 40 of2006) (xxiii)� The National Insurance (Employment Injury Benefit) (Amendment)

Regulations (S. R. & O. No. 41 of2006) (xxiv)� The National Insurance (Claims and Payments) (Amendment)

Regulations (S. R. & o. No. 42 of2006) (xxv)� The National Insurance (Benefit) (Amendment)

Regulations (S. R. "0. No.8 of2007)

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National Insurance CAP. 205�

[Subsidiary J

CHAPTER 205

NATIONAL INSURANCE

National Insurance (Benefit) Regulations

National Insurance (Claims and Payments) Regulations

National Insurance (Collection of Contributions) Regulations

National Insurance (Contributions) Regulations

National Insurance (Determination of Claims and Questions) Regulations

National Insurance (Persons Abroad) Regulations

National Insurance (Registration of Employers and Employees) Regulations

National Insurance (Self-Employed Persons) Regulations

National Insurance (Voluntary Contributions) Regulations

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CAP. 205 National Insurance

[Subsidiary ] NATIONAL INSURANCE (BENEFIT)

REGULATIONS

S.R.O. 6/1983

23/1985 15/1986 16/1988

Tille

Interpretation

(Section 64) [4th April, 1983]

1. These Regulations may be cited as the

NATIONAL INSURANCE (BENEFIT) REGULATIONS,

2. For the� purposes of these Regulations, the expression "Act" means the National Insurance Act;

"Appointed Day" means the day appointed by the Minister pursuant to section 2 of the Act on the appointed day for the purposes of Part V of the Act;

"benefit" means any benefit payable under the Act;

"claimant" means a person claiming benefit and includes in relation to the review of an award or decision, a beneficiary under the award or affected by the decision;

"Collection Regulations" means the National Insurance (Collection of Contributions) Regulations;

"confinement" means labour resulting in the issue of a living child or labour after twenty-eight weeks of pregnancy resulting in the issue of a child whether alive or dead;

"contribution I. means insurance contribution; "contribution year" has the meaning assigned to it by

the Collection Regulations;

..day" means a period of twenty-four hours from mid­night or such other period as may be prescribed;

"the deceased" in relation to funeral benefit means the person in respect of whose death the benefit is claimed or payable;

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National Insurance CAP. 205

[Subsidiary I

"Director" means the Director, appointed pursuant to sec­tion 9 of the Act;

"insurable earnings" means insurable earnings on which contributions are paid as set out in the Schedule to the Collection Regulations and weekly insurable earnings shall be construed accordingly;

"insurance contribution" hereinafter referred to as "contribution" meanS the total of an employer's and an employee's contributions payable in accordance with the provisions of the Act;

"insured person" has the meaning assigned to it in section 2 of the Act;

"invalid" has the meaning ascribed to it in regulation 21 of these Regulations;

.. medical examination" includes, where necessary, bacteriological and radiological tests and similar investigations and references to being medically examined shall be construed accordingly;

"medical practitioner" means a registered medical practi­tioner and includes a person practising m~dicine out­side Grenada, who not being a registered medical practitioner, is qualified to practise medicine and is not prohibited from so doing under the law of the place where he practises;

"pension" means invalidity, age, or survivors' benefit paid in the form of a pension. as the case may require.

BENEFITS

SICKNESS BENEFIT

3, Subject to the provisions of these Regulations, sickness ,,,'<I,m,,, benefit :;hall be granted to an insured person who is rendered mcapable of work as a result of Some specific disease or bodily or mental disablement; and for this purpose an insured person

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CAP. 20~ National Insurance

[Subsidial'J' ]

Day from 'ol.hl!:h benefll is 10 com­mence: no enlitlemenl afl/:r age 60 S.R.O. 16/1988

Manner of clalmmg and suppor1 of claim

Cnnduions whIch must be satisfied

shall be treated as incapable of work for any day during which he is required to abstain from work because he is under obser­vation by reason of being a carrier, or his having been in contact with a case of infectious disease:

Provided that no such sickness benefit shall be payable in the case of any person who is rendered incapable of \'Iork as a result of some specific disease or bodily or mental disable­ment arising out of and in the course of employment.

4. (I) An insured person who is eligible for sickness benefit shall be entitled to receive the said benefit from the first day of any continuous period of incapacity for work:

Provided that for the purpose of computing the number of days of any continuous period Sundays shaJJ be disregarded.

(2) No insured person shall be entitled to sickness benefit on or after attaining the age of sixty years.

5. A claim for sickness benefit shall be made in the prescribed manner and shall be supported by a certificate of a medical practitioner or by such other evidence as the Director may require for the purpose of establishing the insured person's incapacity for work:

Provided that the Director may, for such purpose require the claimant to attend for and submit himself to examination by one or more registered medical practitioners appointed by the Board.

6. Sickness benefit shall be payable only if the insured person­

(a)� was engaged in employment as an employee pursuant to section 24 of the Act immediately prior to the day on which incapacity commenced: or

(b)� had been insured for not less than thirteen contribution weeks; and

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National Insurance� CAP. 205

[Subsidiary ]

(c)� had been employed in such employment during at least eight contribution weeks in the period of thineen contri­bution weeks immediately preceding the contribution week in which the first day of tbe continuous period of incapacity for work occurred.

7. Sickness benefit shall be paid for each day, (excluding Sundays). as long as incapacity for work continues, subject to a maximum of twenty-six weeks in any continuous period of incapacity for work:

Provided that where the insured person concerned was engaged in employment (pursuant to section 24 of the Act) during at least one hundred and fifty contribution weeks and in the last tbree complete contribution years immediately prior to commencement of incapacity has had seventy-five contri­butions paid or credited, sickness benefit may be paid for a funher twenty-six weeks in any continuous period of incapacity.

8. (1) The daily rate of sickness benefit shall be sixty percent of the average weekly insurable earnings of the insured person divided by six.

(2) Average weekly insurable earnings for tbe purpose of this regulation shall mean tbe sum of tbe weekly insurable earnings on which contributions were based including any contributions credited in accordance with regulation 47 over the coniinuous calendar period of thineen contribution weeks immediately preceding the week in which incapacity began or was deemed to have begun. divided by thineen:

Provided that any two or more periods of incapacity for work not separated by more than eight weeks shall be treated as one continuous period of incapacity for work staning on the first day of the first of these periods and the daily rate of benefit so payable in respect of the later period or periods shall be the daily rate of benefit during the fIrst period of incapacity.

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Duration

Rate of benefit

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CAP. ZOS� National insurance

[SubsidiaryJ

Disquali­fication

Entulement

Condlllons which mUSI be s,ausned

9. (l) An insured person entitled to payment of sickness benefit shall be disqualified from receiving benefit for such period as the Director may decide, but not exceeding six weeks if­

(a)� the claimant has become incapable of work through his own misconduct; or

(b)� the claimant fails, without good cause, to comply with a notice in writing by the Director requiring him to attend for and submit himself to medical or other· examination; or

(c)� the claimant fails, without good cause, to observe any of the following rules of behaviour, narnely­

(i)� to refrain from behaviour calculated to retlrd his recovery or to answer any reasonable enquiries by an officer of the Board directed to ascertaining whether he is doing so; ,

(ii)� not to be absent from his place of residence without leaving word where he may be found; or

(iii)� to do no work for which wages is or would ordinarily be payable.

(2) An insured person entitled to payment of sickness benefit shall be disqualified from receiving benefit for the full period during which he was in receipt of normal earnings from his employer in respect of absence due to illness.

MATERNlTY BENEFIT

10. Subject to the provisions of these Regulations, maternity benefit shall be granted in the case of the pregnancy and con­finement of a woman who is an insured person.

II. Maternity benefit shall be payable only if the woman had been insured for not less than thirty contribution weeks and had been engaged in employment as an employee pursuant

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Natioool Insurance� CAP. 205

[Subsidiary J

to section 24, of the Act during at least twenty contribution weeks in the period of thirty contribution weeks immediately preceding the contribution week in which occurs the day which is six weeks before the expected date of confinement.. or in which occurs the day from which the benefit is claimed, whichever is the later.

12. Subject to these Regulations, maternity benefit shall be DuratIon

granted to a woman for a period starting from a date not earlier than six weeks before the expected date of confinement and continuing until the expiration of­

(a)� 12 weeks; or (v)� 6 weeks from the date on which confinement occurs�

whichever is the later.�

13.� (I) The daily rate of maternity benefit shall be sixty Rate of benefitper cent of the average weekly insurable earnings of the insured

person divided by six.

(2) Average weekly insurable earnings for the purposes of this regulation shall mean the sum of the weekly insurable earnings on which contributions were based including any contributions credited in accordance with regulation 47 over the continuous calendar period of thirty contribution weeks previous to the week in which the benefit is due to commence, divided by thirty.

14.� Claims for maternity benefit shall be accompanied­ Support of claim

(a)� in the case of a claim made prior to the date of confine­�ment by a certificate issued by a medical practitioner� as to the expected date of confinement; or�

(b)� in the case of a claim made subsequent to the date of� confinement, by a certificate issued by a medical practi­�tioner or a midwife registered as such in Grenada, as� to the actual date of confinement:�

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CAP. 205 National Insurance

[Subsidiary]

Certificate of confinement

Disqualifica­tion S.R.O. 16/1988

Incapacil)' for work arising from complic8­'ions of confinement

Provided that the Director may accept such other evidence in support of such claims as in his opinion the special circum­stances of the particular case so justify. or may require the claimant to attend for and submit herself to examination by one or more registered medical practitioners appointed by the Board.

15. An insured person who has been granted maternity benefit shall, as soon as possible after her confinement, obtain a ceni­ficate of her confinement from the medical practitioner or registered midwife who assisted thereat and forward it to the officer of the Board within three weeks after the date of confinement:

Provided that the Director may accept other evidence in lieu of such certificate if, in his opinion, the special circumstances of any particular case so justify.

16. An insured person entitled to payment of maternity benefit shall be disqualified from receiving such benefit for such period as the Director may decide if during the period for which benefit is payable­

(a)� she engages in remunerative work;

(b)� she fails without good cause to take due care of her health, or to answer any reasonable inquiries by an officer of the Board directed to ascertain whether she is doing so;� or

(c)� she fails without good cause to comply with a notice in writing by the Director requiring her to attend' for and submit herself to medical or other examination.

17. The provisions of these Regulations relative to sickness benefit shall apply in relation 10 a case where there is incapacity for work arising from pathological complications of confine­ment immediately following the cessation of rights to maternity benefit:

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National Insurance� CAP. 20S

[Subsidiary ]

Provided that in such a case the condition of regulation 6 shall be applied in relation to the period immediately preceding the first day as from which maternity benefit was payable.

FUNERAL GRANT

18. Subject to the provisions of these Regulations, a funeral EOI;II,m,OI

grant shall be payable on the death of any insured person who- 10 g"01

(a)� at the time of death was in receipt of sickness or� maternity benefit; or�

(b)� whilst not in receipt of sickness or maternity benefit� at the date of death, would have been entitled to one� or the other but for the fact of death; or�

(c)� at the time of death was receiving or had received or� satisfIed the contribution conditions for invalidity benefit� or age benefit.�

19. (1) Subject to these Regulations, funeral grant shall be P"'o", who

paid to the person who has met or is liable to meet the cost ~~I ",,;., of the funeral of the deceased person. .

(2)� Where­

(a)� death occurred at sea and the deceased person was buried at sea, or

(b)� the person who has met or is liable to meet the cost� of the funeral of the deceased person cannot be found, or�

(c)� the cost of the funeral was less than the amount of the grant;

the grant or as the case may be, the remainder thereof, shall be paid to such person or persons as the Board may decide.

20.� The amount of the funeral grant shall be $1,000.00. Amoonl of gram S.R.O. 16jl988

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CAP. 205 National Insurance

[Subsidiary ]

MClIning of "invalid"

Entidement (0 invalidity pension and rale thereof

INVALIDITY BENEFIT

21. For the purposes of these Regulations the term "invalid" means a person incapable of work as a result of a specific disease or bodily or mental disablement which is likely to remain permanent.

22. (I) Subject to the provisions of these Regulations, an insured person who­

(0)� is an invalid;

(b)� has complied with the contribution conditions set out in paragraph (2); and

(c) is under sixty years of age; shall be entitled to an invalidity pension for so long as the invalidity continues:

Provided that a person who is permanently incapable of work as a result of a specific disease or bodily or mental disable­ment arising out of and in the course of employment shall not be considered an invalid for the purpose of this regulation.

(2) Subject to the provisions of these Regulations, an insured person shall be entitled to invalidity pension if one hundred and fifty contributions have actually been paid in respect of such person.

(3) The annual rate of pension shall be thirty per cent of the average annual earnings supplemented by one per cent of average annual insurable earnings for each unit of fifty contri­butions actually paid in respect of or credited to the insured person subsequent to the first five hundred of such contributions:

Provided that in no case shall invalidity pension exceed sixty per cent of the average annual insurable earnings.

(4) The weekly rate of pension shall be the annual rate of pension divided by fifty-two:

Provided that the sum so calculated shall be to the nearest multiple of ten cents.

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National Insurance CAP. 205

[Subsidiary I

23. (I) Subject to the provisions of these Regulations, an En"tlemen'

insured person who does not satisfy the provisions of regula- ~0rn:.~V:~ity tion� 22 but who­

. (a)� is an invalid; (b)� has not less than fifty contributions paid or credited in

respect of him; and

(c) is under sixty years of age;

shall be entitled to an invalidity grant.

(2) The invalidity grant shall be a lump sum grant equal to five times the average weekly insurable earnings for each fifty contributions actual1y paid in respect of or credited to the insured person.

MISCELLANEOUS PROVIStONS RELATING TO INVAUDITY BENEFIT

24. (I) Should invalidity cease, the contribution taken into account for the purposes of invalidity grant shal1 not be applied towards the satisfaction of the contribution conditions for any subsequent claim to benefit of any description save only a funeral grant.

(2) On cessation of an invalidity pension, nothing in these Regulations shall prevent the contributions on which the said invalidity pension was based from being taken into account for the purposes of establishing title toward the rate of any subsequent invalidity pension or for age pension.

25. The average annual insurable earnings for the purposes of regulation 22 shal1 be one of the following:

(1) Where more than three years have elapsed since the Appointed Day, it shall be the sum of weekly insurable earnings during the best three contribution years of the last ten contri­bution years of the insured person or such lesser number as represents the total number of contribution years since the Appointed Day, divided by three.

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amount thereof

E,uent 10 which contributions rna,"' be applied in respect of fUlure claLms benefIt

Average annual Insurable earmng~

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CAP. 20S NatiolUll Insurance

ISubsidiary1

Average weekly insurable earnings

Cenificale of permanent incapacily for work

(2) Where more than three years have not elapsed since the Appointed Day and the insured person was not a member of the Provident Fund, it shall be the sum of all the weekly insurable earnings since the Appointed Day divided by the number of weeks after the Appointed Day and multiplied by 52.

(3) Where more than three years have not elapsed since the Appointed Day and the insured person was a member of the Provident Fund for a period which, along with the period since the Appointed Day makes it three years or more, it shall be the sum of all the weekly insurable earnings for the last three years divided by 3.

(4) Where more than three years have not elapsed since the Appointed Day and the insured person was a member of the Provident Fund for a period which along with the period since the Appointed Day does not make it three years, it shall be the sum of all the weekly insurable earnings since the commencement of his membership of the Provident Fund divided by the number of weeks in such period and multiplied by 52:

Provided that for sub-paragraphs (3) and (4) of this regula­tion thirty times the Provident Fund contribution shall be deemed to be the insurable earnings of the period to which such contribution relate and a monthly contribution shall be deemed to be equal to contribution for four weeks.

26. Average weekly insurable earnings for the purposes of regulation 23 shall be the sum of weekly insurable earnings of the insured person divided by the number of weeks of contributions.

27. All claims to invalidity benefit shall be accompanied by a certificate of permanent incapacity for work setting out the nature of the incapacity and completed by a medical practitioner:

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NatiolUll Insurance� CAP. 20;�

[Subsidiary 1

Provided that the Director may require the claimant to attend for and submit himself to examination by one or more medical practitioners appointed by the Board.

DisqualifI­28. An insured person entitled to payment of invalidity cation pension shall be disqualified from receiving such benefit for such period as the Director may decide, if­

(a)� the claimant has become incapable of work through his� own misconduct; or�

(b)� the claimant fails, without good cause, to comply with� a notice in writing by the Director requiring him to� attend for and submit himself to medical or other� examination; or

(c)� the claimant fails without good cause, to comply with� a notice in writing by the Director to attend any course� of rehabilitation training which is considered by the� Director to be appropriate in his case;�

(d)� the claimant fails, without good cause, to observe any� of the following rules of behaviour namely­

(i)� to refrain from behaviour calculated to retard his recovery, or to answer any reasonable enquiries by an officer of the Board directed to ascertain whether he is doing so;

(ii)� not to be absent from his place of residence without leaving word where he may be found; or

(iii)� to do no work for which wages is or would ordinarily be payable.

AGE BENEFtT

29. Age pension shall be payable to an insured person who has attained the age of sixty years and­

(a)� in respect of whom not less than one hundred and fifty E",ill,m,m

contributions have been actually paid; and '0 .~,pensIon

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CAP. 205� National Insurance

(Subsidiary J

(b)� in respect of whom or to whom not less than five hundred contributions have been actually paid or credited as the case may be.

Rate of 30. (I) The annual rate of pension shalJ be thirty per cent pension

of the average annual insurable earnings supplemented by one per cent of average annual insurable earnings for each unit of fifty contributions actually paid in respect of or credited to the insured person, sUbsequent to the first five hundred of such contributions:

Provided that in no case shall age pension exceed sixty per cent of average annual insurable earnings:

S.R.O. Provided further that the minimum pension shall be $25.00 1611988 per week.

(2) The weekly rate of age pension shall be the annual rate of pension divided by fifty-two:

Provided that the sum so calculated shall be to the nearest multiple of ten cents.

Entitlement 31. Subject to the provisions of these Regulations, an insured lO age grant person who does not satisfy the provisions of regulation 29

but who­

(a)� has attained the age of sixty years; and

(b)� has not less than fifty contributions paid in respect of or credited to him;�

shall be entitled to an age grant.�

Amount nf 32. The age grant shall be a lump sum grant equal to five 8"n'� times the average weekly insurable earnings for each com­

pleted fifty contributions actually paid in respect of or credited to the insured person.

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National Insurance CAP. 205

[Subsidiary 1

TRANSITIONAL PROVISIONS-AGE PENSION

33. A person who is over the age of fifty years at the Spe,I.,provisIons

Appointed Day shall be granted special credited contributions fo' pe""n,

for each year of age or part thereof in excess of fifty years ~~, f~';"'8'

pro-rated at the rate of fifty special credited contributions for .. Appcin'od

each year of age in excess of fifty years sUbject to a maximum ~·~.o. special credit of three hundred and fifty contributions: "/'986

Provided that such special credits­(a)� shall be awarded for age pension purposes only;

(b)� shaH not be taken into account in assessing the average� annual insurable earnings;�

(c)� shaH only be used to the extent necessary to enable� an insured person to qualify for an age pension of thirty� per cent of his average annual insurable earnings; and�

(d)� shall be awarded only where the insured person was� in insurable employment On the Appointed Day:�

Provided further that in the case of a person insured under section 24(2) of the Act, the phrase "over the age of fifty years at the Appointed Day" appearing in this regulation shall mean "over the age of fifty years On the day he became a member of the Pro'lident-Fund".

MISCELLANOUS PROVISIONS RELATING TO AGE BENEFITS

34. The average annual insurable earnings for the purposes Am.g'

of Regulation 22 shall be one of the following: ::::.:'ble . earnings

(I) Where more than three years have elapsed sIDce the Appointed· Day, it shall be the sum of weekly insurable earn­ings during the best three contribution years of the last ten contribution years of the insured person or such lesser number as represents the total number of contribution years since the Appointed Day, divided by three. .

(2) Where more than three years have not elapsed since the Appointed Day and the insured person was not a member

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CAP. 205� NatioTllJ1 Insurance

[SubSidiIii"Y]

of the Provident Fund, it shall be the sum of all the weekly insurable earnings since the Appointed Day divided by the number of weeks after the Appointed Day and multiplied by 52.

(3) Where more than three years have not elapsed since the Appointed Day and the insured person was a member of the Provident Fund for a period which, along with the period since the Appointed Day makes it three years or more, it shall be the sum of all the weekly insurable earnings for the last three years divided by three.

(4) Where more than three years have not elapsed since the Appointed Day and the insured person was a member of the Provident Fund for a period which along with Ihe period since the Appointed Day does make it three years, it shall be the sum of all the weekly insurable earnings since the commencement of his membership of the Provident Fund divided by the number of weeks in such period and multiplied by 52:

Provided that for SUb-paragraphs (3) and (4) of this regula­tion thirty times the Provident Fund contribution shall be deemed to be equal to contribution for four weeks.

Ave.... 35, Average weekly insurable earnings for the purposes ofweekly insurable regulation 32 shall be the sum of the weekly insurable earnings earnings of the insured person which can be taken into account having

regard to the provisions of these Regulations divided by the number of weeks of contributions.

SURVIVORS' BENEFIT

Entitlement 36. (I) Subject to the provisions of these Regulations,rale andlor survivors' benefit shall be payable to the widow or widower,&mount of benefits� as the case may be, and children of a deceased insured person

if, at the time of his death, such insured person-

Ca)� was in receipt of invalidity pension or an age pension; or

(b)� would have been entitled to an invalidity pension or grant had he been deemed to be an invalid at the time of his death; or

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NatioTlflI Insurance� CAP. 20S

[Subsidiary1

(c)� was sixty years of age or over and would have been entitled to an age pension or grant had he made a claim for such benefit.

(2) Where at the date of his death the deceased insured person was in receipt of an invalidity or age pension or would have been entitled to an invalidity pension had he been deemed to be an invalid, or to an age pension, the benefit payable shall be a pension, in these Regulations referred to as "survivors' pension" .

(3) Where at the date of his death the deceased insured person would have been entitled to an invalidity grant had he been deemed to be an invalid or to an age grant, the benefit payable shall be a grant, in these Regulations referred to as a "survivors' grant" .

(4) Survivors' benefit shall not be payable in respect of a marriage contracted after the insured person had been granted an invalidity pension or an age pension.

(5)� (a) The annual rate of survivors' pension shall not exceed the rate of invalidity or age pension which was payable or would have been payable to the deceased insured person at the time of his death. .

(b)� The amount of survivors' grant shall not exceed the amount of invalidity or age grant which would have been payable to the deceased person at the time of his death.

37. (I) (a) A widow who at the date of her husband's death was fifty years of age or over and had been married to him for not less than three years shall be entitled to a survivors' pension for life.

(b)� A widow who at the date of her husband's death was married to him for not less than three years and' was at the date of his death an invalid shall be entitled to a survivors' pension for the period during which such invalidity continues.

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Entitlement of widow (0

SUrvIVors'

penaion and dUrllIion thereof.

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CAP. 205� National Insurance

[Subsiililiry1

Entitlement of widower to survivors' ~nsion and durauOTl th.ereof

Entitlement of cnildren to survivoR' pension and duration thereof

(c)� A widow who at the date of her husband's death was not fifty years of age or over or was not an invalid or being fifty years or over had been married to him for less than three years, shall be entitled to a survivors' pension for a period of one year.

(2) Where a pension payable to a widow pursuant to paragraph (1)(b) ceases otherwise than because of her remarriage or cohabitation, if she is then over the age of fifty years she shall be entitled to a survivors' pension for life.

(3) Survivors' pension payable to a widow shall cease on her remarriage or cohabitation with a man as his wife.

38. A widower shall be entitled to a survivors' pension if at his wife's death­

(a)� he and his wife had been married for not less than three years, and

(b)� he was then an invalid, and •

(c)� he had been wholly or mainly maintained by his wife immediately prior to her death, and

(d)� he had income less than the amount of survivors' pension to which he would otherwise have been entitled, from any source whether by way of pension or otherwise, and any such pension shall be payable so long as he continues to satisfy the aforesaid conditions as to invalidity and means:

Provided that the survivors' pension payable to a widower shall cease on his remarriage Or cohabitation with a woman as her husband.

39. (1) Survivors' pension shall be payable in respect of the unmarried children. including adollted children, step-children and illegitimate children of a deceased insured person who at the date of the parent's death were under the age of sixteen

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National Insurance CAP. 20S

[Subsidiary1

years and were living with or were wholly or mainly maintained by the deceased at the time of death.

(2) A survivors' pension shall be payable in respect of a child until he attains his sixteenth birthday or his eighteenth birthday in the case of a child still attending school:

Provided that in the case of invalid children pension shall be payable for the period during which invalidity continues.

Rale of40. (1) The rate of survivors' pension payable to the spouse survivors"

shall be equal to one-half of the maximum pension available pension

for payment to survivors.

(2) The rate of survivors' pension payable in respect of each child shall be equal to one-sixth of the maximum pension available for payment to survivors, except that in respect of any child who is an orphan or who is an invalid the rate of pension payable may be fixed at one-third of the maximum pension so available: .

Provided that the aggregate of pensions payable to the spouse and children shall not exceed the maximum pension available for payment to survivors.

(3) Where no spouse is entitled to benefit, the full amount of survivors' pension may be paid in respect of the children of the deceased:

Provided always that the rate of pension payable in respect of each child shall not exceed the rate set out in paragraph (2).

Insufficiency41. (I) Where the pension available for distribution in respect of pension

of the children of the deceased is insufficient to enable pay­ available for distributionment to be made in respect of all of the children the Board 10 children

shall decide which of the children shall be granted survivors' pensions.

(2) Where after the award of survivors' pensions there are children of the deceased who would be entitled to a pension but for the fact that the total pension had been fully com­

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CAP. ~o~ National Insurance

[Subsidiary1

Distribution of survivors' grant

Meaning of "lhc husband" and ·'the wife"

Special treatment in case of survivors' benefit of 1"""'"living in

"'""'" 8ssociabons

Entitlement to more than one benefit

milled, such children shall be entitled to survivors' pensions at any time when the total payments to survivors of the deceased amount to less than the maximum pension available:

Provided that the conditions set out in regulation 39 shall be satisfied.

42. Survivors' grant shall be distributed on the same basis as provided in regulation 40 for survivors' pension..

43, For the purposes of this Pan in relation to survivors' benefit the expression "the husband" or "the wife" in rela­tion to a person who has been married more than once refers only to the last husband or wife respectively.

44. For the purposes of these Regulations, where it is a condition for the title to survivors' benefit that­

(a)� a woman is the widow of an insured man the Director may treat a single woman or widow who was living with a single man or widower as his wife at the date of his death, as if she were in law his widow; or

(b)� a man is the widower of an insured woman, the Director may treat a single man or widower who was living with a single woman or widow as her husband at the date of her death, as if he were in law her widower:

Provided that the Director shall be satisfied that in all the circumstances he or she should be so treated.

MISCELLANEOUS PROVISIONS

45. Notwithstanding that a person is entitled to two or more benefits under the Act at the same time, only one benefit shall be payable to such person and the benefit first awarded unless the other benefit is payable at a higher rate in which case he shall be paid the benefit at such higher rate:

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National Insurance� CAP. 20S�

[Subsidiary1

Provided that­(a)� if the last mentioned benefit ceases to be payable then

nothing shall prevent the award of re-instatement of another benefit to which such person is entitled under the Act;

(b)� a person who has already received an invalidity grant or grants shall not be disentitled to a further invalidity grant or to an age grant based on contributions actually paid in respect of or credited to him and not already taken into account for the said invalidity grant or grants received;

(e)� survivors' grant or grants may be paid in respect of� those otherwise entitled notwithstanding that the relevant� deceased insured person had in his lifetime received an� invalidity grant or grants but the survivors' grant or� grants shall be based only on contributions actually paid� in respect of or credited to him and not already taken� into account for the said invalidity grant or grants� received;�

(d)� nothing in this regulation shaU preclude the full duplica­�tion of sickness benefit or maternity benefit with� survivors' benefit;�

(e)� any other benefit may be duplicated in full with funeral� grant.�

Refund of46.� (I) If it is found that any person has received any sum benefil

by way of benefit to which he is not entitled he shall be liable� improperly paidto repay to the Fund the sum so received by him.

(2) Where any person is liable to repay any sum received by him by way of benefit that sum may be recovered without prejudice to any other remedy, by means of deductions from any other benefit to which he thereafter becomes entitled.

(3) Any such sum not so recovered shall be treated as expenditure on, and charged to, the Fund.

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CAP. 205� National Insurance

[Subsidiary I Cred;,ed 47. (I) For every contribution week for the whole of which roNribul;on. an insured person received any of the following or any

combination of such benefits, namely­

(a)� sickness benefit; (b)� maternity benefit;

a contribution shall be credited to that person without actual payment thereof.

(2) The provisions of paragraph (I) shall be applied in the case of an insured person who but for the application of regula­tion 4(1) and would have been entitled to receive sickness benefit.

(3) A credited contribution shall, subject to these Regula­tions, be valid for sickness, maternity, invalidity and age benefit and shall be at the level of weekly insurable earnings corres­ponding to that on the basis of which the benefit had been paid:

Provided that where benefit was payable at different rates during the contribution week the credited contribution for that week shall be at the level of weekly insurable earnings corres­ponding to or most closely corresponding to the higher level of weekly insurable earnings on the basis of which benefit was so payable.

~fJt'l'1;11 48.� Except as hereinafter provided, a person shall be dis­r'lI\'I'mn~

rcl;/hllg. to qualified for receiving any benefit for any period during which rcr~I'll' ahsl'n! abroad that person is absent from Grenada save that-

fa)� a person shall not be disqualified for receiving sickness or maternity benefit by reason of being temporarily absent from Grenada for the specific purpose of being treated for incapacity which comme\lced before he left Grenada during such period as the Director may allow having regard to the particular circumstances of the case;

(b)� a person shall not be disqualified for receiving age benefit, or survivors' benefit by reason of being absent from Grenada;

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National Insurance CAP. 205

[SUbsidiary1 (e)� a person shall nOl be disqualified for receiving invalidity

benefit by reason of being absent from Grenada for such period as the Director may allow having regard to the particular circumstances of the case:

Provided that entitlement to the invalidity benefit was established before the person ieft Grenada.

49. Benefit for which a person is eligible oy virtue of regula­tion 48 shall be paid in Grenada to such representative acting for and on behalf of the person concerned as may be approved by the Director.

50. (I) Subject to paragraph (21 a person shall be disqualified for receiving any benefit for any period during which that person is undergoing Imprisonment or detention in legal custody.

(2) Where the Board is satisfied that the person undergoing such imprisonment or detention in legal custody has dependants who, immediately prior to such imprisonment or detention were wholly or mainly maintained by him, it may authorize payment to or in respect of an amount not exceeding one half of the benefit which would otherwise be payable during such a period as the Board may allow having regard to the particular circum­stances of the case.

51. If a person insured under section 24(1)(a) of the Act is in insurable employment on or after the Appointed Day, the provisions of these Regulations shall be modified in his case to the following exte~::

(a)� where it is a condition of eligibility to benefit that he should have been insured or employed for not less than a specified period, the period for which contributions were being paid by him or on his behalf to the Provident Fund im.lnediately preceding the Appointed Day shall also count for satisfying the eligibility condition;

23

Payment of bench! for which person h dl~ible under n:~uhllion 48

SpcclOJI pmVISlon ~Ialinp: TO pcr'on undcTF:0ing impnsonment or uctenuon in Jc!!al custody

CODlributions to Providenl Fund

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CAP. 205 National Insurance

[SubsidiaryJ (b)

(c)

(d)

(e)

where for eligibility to benefit a certain number of contributions are required to have -been paid during a pe:iod, such period may include a period preceding the Appointed Day; .­

the Provident Fund contributions paid in the period preceding the Appointed Day referred to in paragraph (b) above, shall count as hereunder-

For eligibility to invalidity, survivors or age benefit, a person will be given credit of as many weekly con­tributions as the number al-rived at by dividing the amount to his credit in the Provident Fund on the day preceding the Appointed Day by an amount equal to his average comribution rate in the fITst 13 weeks of insurable employment after the Appointed Day, fraction below 'h being ignored and 'h and above being rounded up to the next higher number:

Provided that where an insured person attains the age of 60 years in Jess than 13 weeks after the Appointed Day, the denominator for the division mentioned in the paragraph above, shall be the average of all the contri­bution weeks from the Appointed Day to the attainment of age 60 instead of the average of the first 13 weeks as mentioned in paragraph (a) above:

Provided further that for the purpose of the first proviso above the weekly wages after the Appointed Day shall be assumed to be the same as before the Appointed Day if in any case they are lower than the wages preceding the Appointed Day;

where the rate of any benefit is expressed in terms of the average insurable earnings over a period, such period may include a period preceding the Appointed Day;

for the period preceding the Appointed Day the insurable earnings shall be deemed to be thirty times the Provident Fund contributions paid during the said period and a monthly contribution shall be deemed to be equal to

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National Insurance� CAP. 2M

[Subsidiary1 the contributions for fOUT weeks and for all calculations

_in this context a year shall count as twelve months or fifty-two weeks.

52. In respect of a person who is deemed an insured person Special provisionsby and under section 24(2)(b) of the Act the following provi­ for a penon

sions shall apply:� who was a member of the Provident

(a) where it is a condition of eligibility to benefit that he Fwd IIJIll M>o . .� - anall~ 111.1:)'

should have been msured or employed for not less than y.... of 'll'

a specific period, the period for which contributions were :, r~= being paid by him or -on his behalf to the Provident Day�

- Fund immediately preceding the Appointed Day shall AM~5 _also count for satisfying the eligibility condition;�

(b)� where for eligibility to benefit a certain number of� contributions are required to have been paid during a� period, such period may include a period preceding the� Appointed Day;�

(c)� the Provident Fund contributions paid in the period� _preceding the Appointed Day referred to in paragraph (b)� above. shall count as hereunder-�

For eligibility to invalidity, survivors Or age benefit, a person will be given credit of as many weekly contributions as the number arrived at by dividing the amount to his credit in the Provident Fund on the day preceding the Appointed Day by an amount equal to his average contribution rate in the last 13 weeks of employment before the Appointed Day, fractions below 'h being ignored and fractions of or above Y, being rounded up to the next higher number;

25

- -.--------- - - -- ._-- - -- ---- _.- --- _. ---­

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CAP. 20JIi National Insurance

[Subsidiary1

(d)� where the rate of any benefit is expressed in terms of the average insurable earnings over a period such period shall include the period preceding the Appointed Day;

(e)� for the period preceding the Appointed Day the insurable earnings shall be deemed to be thirty times the Provident Fund contributions paid during the said period and a monthly contribution shall be deemed to be equal to the contribution for four weeks and for all calculations in this context a year shall count as twelve months or fifty-two weeks.

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1994 National Insurance (Amendment) Act 33 227

GRENADA

ACT NO. 33 OF 1994

I assent, G REGINALD OSWALD PALMER�

10th November, 1994. Govemor-General.�

An Act to amend the National Insurance Act (Cap. 205).

[ 11th November, 1994 j.

Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Senate and House of Representatives of Grenada, and by the authority of the same as follows:

1. This Act rnay be cited as the Short litle.

NATIONAL INSURANCE (AMENDMENT) ACT. 1994.

2. The National Insurance Act is amended by inserting Cap. 205 amended.after section 20 the following section:

"LimiL on 20(A). The expenditures incurred in any Administrati"C calendar year by the National InsuranceExpeIUles.

Scheme, other than in the payment of benefits (including pensions, grants and allowances to insured persons, to dependents

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228 Act 33 Natjonallnsurance (Amendment) 1994

or to survivors), shall not exceed an amount equal to twelve percent of the combined total of the contributions collected in that (the current) year plus the benefits paid in that (the current) year....

Passed by the House of Representatives this 4th day of October, 1994.

BASIL A. HARFORD Clerk 10 Ihe House ofRepresentatives.

Passed by the Senate this 13th day of October, 1994.

BASIL A. HARFORD Clerk to the Senate.

GRENADA

PRINTED BY THE GOVERNMENT PRINTER, AT THE WEST INDIAN PUBLISHING co. ST. GEORGE'S

1994.

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A 81

1994 NaJioTUJ11nsurlUlCe (Benefit) (Amendment) SRO.33 Regulations

GRENAPA

STATUTORY RULES AND ORDERS NO. 33 OF 1994

REGUlATIONS MADE BY TIlE MINISTER IN EXERCISE OF THE POWERS CONFERRED BY SECTION 6S OF TIlE NATIONAL INSURANCE ACT.

(Gazetted 16th September, 1994).

1. Short tille. TIl... regulations may be cited as JIle SR&O 611983 16/1988.NATIONAL INSURANCE IBENEFID IAMENPMENJ)�

REGULATIONS, 1994�

aod shall be read aa ODe with the National Insurance (Benefit) Regulations, 1983, hereinafter referred to aa the principal Regulations.

2. Regulation 4 amended. Regulation 4 of the principal Regulations is amended by deleting sub-regulation (I) and substituting the following sub-regulation­

"(I) An insured person who is eligible for sickness benefit shall be entitled to receive the said benefit from the first day of a CODtinuouS period of incapacity for work:

Provided that­

(a)� for the purpose of computing the Dumber of days of the CODtinUOUS period of incapacity, Sundays shall be disregarded; and

(b)� the continuous period baa laated at least four days."

3. Regulation 10 replaced. Regulatioa 10 of the principal Regulations is repealed and replaced by the following regulatioD­

"10. Entitlement. (I) Subject to the provisions of these Regulations maternity benefit aa provided in sub­

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A82�

SRO.33 National Insurance (Benefit) (Amendment) 1994� Regulations

regulation (2) shall be granted in the case of preguancy and confinement of a woman.

(2) The maternity benefit shall consist of:

(0)� an allowance if the woman is an insured woman; or

(b)� a grant if the woman is the wife of an insured husband,"

4. Regulation 11 amended. Regulation 11 of Ibe principal Regulations is amended by deleting the words "woman bad" and substituting lhe words - "insured woman or the insured husband has" ,

5. Regulation U amended. Regulation 12 of the principal Regulations is amended by deleting the word "benefit" and substituting the word "allowance".

6. Regulation 13 amended. Regulation 13 of the principal Regulations is amended by repealing and replacing sub-regulation (1)­

"(1) The amounl of a maternity grant shall be S400.00 per confinement and the daily rate of maternity allowance shall be sixty percent of the insurable eamings of the insured· woman divided by six:

Provided thaI an insured woman shall be entilled with respect to a confinement, to maternity allowance payments totalling al leasl a minimum of S400,OO".

7, Regulation 20 amended. Regulation 20 of the principal Regulations is amended by deleting the figures "SI,OOO,OO" and substituting the figures - "$1,600,00".

8. Regulation 22 amended. Regulalion 22 of the principal Regulations is amended by substituting a colon for the full slop at the

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1994 National Insurance (Benefit) (Amendment) SRO.33 Regulations

end of !he proviso to sub-regulation (3) and inserting lbe following proviso­

•• Provided further­

(a) thai the annual rate of pensioa sbalJ be increased,

- 5 percent for all pensions fust paid ill calendar year, 1992;

- 10 percent for all pensions fitst paid in calendar year, 1991;

- 15 percent for all pensions first paid ill calendar year, 1990;

- 20 percent for aU pensions fust paid iD calOllflar year, 1989;

- 25 percent for all pensions first paid in calendar 'year, 1988;

- 30 percent for all pensions first paid in calendar year, 1987;

- 35 percent for all pensions first paid before calendar year 1987, and

(b) that the minimum pension sbalJ be $35.00 per week".

9. Regulation 30 amended. Regulation 30 of !he principii Regulations is amended by repealing and replaciDg sub-regulation (I) by lbe following sub-reguJation­

"(I) The annual rate of pension sbalJ be lbilty percent of the average annual insurable eaminSS supplelllellted by one percent of average annual iDsurable eaminSS for each unit of fifty contributions actually paid iD respect of or credited to !he iDsured person, subsequent to the first five hlllldnd of sur.h contributioa: .

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A84

SRO.33 Nanonal111S11TQ11Ce (Benefit) (Amendmeflt) 1994 Regulanons

Provided that in no case shall age pension exceed sixty pen:ent of annual insurable earnings:

Provided further,

(il� that the annuall1lle of pension shall be increased,

- 5 percent for all pensions firs: paid in calendar year, 1992;

- 10 percent for all pensions firsl "aid in calendar 'year, 1991;

- 15 pen:ent for all pensions firsl paid in calendar year, 1990;

- 20 percent for all pensions firsl paid in calendar . year, 1989;

- 25 percent for all pensions first paid" in calendar year, 1988;

- 30 percent for all pensions first paid in calendar yev, 1987;

- 35 percent for all pensions first paid before calendar year 1987, and

(iil� that the minimum pension shall be $3S,OO per 'Week."

10. RqulaliOD 40 replw:ed. Regulation 40 of the principal Regulations is repealed and replaced by the following regulation­

"40. Rale of. survivors' pensions, (I) The rate of survivors'.pensions payabl.....

(al� to the spouse shall be equal to three-fourths of the maximum pension available for payment to SUlVivotB, and

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1994 National Insurance (Benefit) (AmendmelU) SRO.33 Regulations

(b)� to each child sball be equal to one-fourth (one­half if a. full orphan or an invalid) of the maximum pension available for payment to survivors:

Provided that the aggregate of pensions payable to the spouse and children sball not exceed the maximum pension available for paymenl to survivors.

(2) The annual rate of pension in sub-regulation (I) shall be increased in increments as follows:

- 5 percent for all pensions first.paid in calendar year, 1992;

- 10 percent for all pensions first paid in calendar year, 1991;

- 15 percenl for all pensions first paid in calendar year, 1990;

- 20 percent for all pensions first paid in calendar year, 1989;

- 25 percent for all pensions first paid in calendar year, 1988;

- 30 percent for all pensions first paid in calendar year, 1987;

- 35 percent for all pensions first paid before calendar year 1987.

(3) The minimum peusion payable 10 a child sball be $7.50 (or $15.00 if a full orphan or an invalid) per week, notwithstanding the proviso to sub-regulation (I) of this regulation.• ,

~~-~-------_._-..._.__._---_._-_ ...._-_._._--.-----_.---_._--~

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SRO.33 Na/iollill Insurance (Benefit) (Amendment) 1994 Regula/ions

11. Regulation S3 added. The principal Regulations are amended by adding the following regulalion­

"53. Limit on retroactivity of benefit payments. No pension. allowance. grant or benefit payment otherwise authori.ed in these Regulalio"". shall be made with respect to a period of time that is earlier than 12 calendar months prior to the calendar month in which a claim for payment was presenled to the Nalional Insurance Scheme."

12. These Regulations shall come intll operation on the 3rd day of October, 1994.

Dated this 13th day of September, 1994.

EDZEL THOMAS Minister.

GRENADA

PRINTED BY THE GOVERNME>IT PRINTER, AT THE WEST INDlAN� PUBLISHING CO., !IT. GEORGE'S�

1994.�

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1995 National 1nsurance (Benefit) (Amendment) SRO.6 Regulations

GRENADA�

STATUTORY RULES AND ORDERS NO.6 OF 1995�

THE MINISTER FOR SOCIAL SECURITY, IN EXERCISE OF THE POWEllS

CONFElUlED BY SECTION 65 OF THE NATIONAL INSURANCE ACT, MAKES THE FOLLOWING REGULATIONS:

(Gazetted 17th February, 1995).

I. Short title, These Regulations may be cited as the

NATIONAL lNSURANCE (BENEFID (AMENDMEND� REGULATIONS 1995�

and shall be read ~ one with the National Insurance (Benefit) Cap. 205. Regulations, hereinafter referred to as the principal Regulations.

2. Regulation 18 amended, Regulation 18 of the principal Regulations is amended by renumbering the existing regulation as (I) and inserting the following sub-regulations:­

"(2)� subject to sub-regulation (I) • funeral grant sball be payable upon tbe death­

(al of tbe spouse of an insured person; and

(b) of a child of an insured per.;on."

3. Regulation 20 amended. Regulation 20 of the principal Regulations is repealed and replaced by tbe following regulations:

"(20)� Amount of grant. The amount of the funeral grant shall be as follows:

(a)� on the death­

(i) of an insured per.;oo $1,600;

(ii)� of the spouse of an insured person $1,200;

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SRO.6 National Insurance (Benefit) (Amendment) 1995 Regulations

(iii)� of a child of an insured person $600."

4. Regulation 22 amended. Regulation 22 of the principal Reg~lalions is amended by inserting at the eDd thereof the fonowing provIso:

"Provided further that the annual rate of pension shall be increased by 5 % for all pensions payable before the first day of January. 1995".

S. Regulatinn 30 amended. Subsection (1) of section 30 of the principal Act is amended by inserting after the first proviso the following proviso:

"Provided further tbat the annual rate- of pension shall be increased by 5 % for all pensions payable before the first day of January. 1995".

6. Regulation 40 amended. Regulation 40 of the principal Regulations is amended by inserting the following sub·regulations:

"(4)� The annual rate of pension sball be increased by 5 % for all pensions payable before tbe first day of January, 1995.

7. Commencement. These Regulalions sball come into force tbe 1st day of April, 1995.

Dated this 9th day of February, 1995.

EDZEL THOMAS Minister.

GRENADA

PRINJ'ED BY THE GOVERNMENT PRINTER, AT THE WEST INDIAN PUBLISHING co.. ST. GEORGE"S

1995.

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1995 NlJliona/ Insurance (Co//eclion of Contributions) SRO.7 (Amendment) Regulations

GRENADA

STATUTORY RULES AND ORDERS NO.7 OF 1995

THE MINISTER FOR SOCIAL SECURITY UNDER SECTION 64 OF TIlE

NATIONAL INSURANCE ACT MAKES THE FOLLOWING

REGULATIONS:

(Gazetted 17th February, 1995).

1. Short title. These Regulations may be cited as the

NATIONAL INSURANCE (COLLECTION OF CONTRIBUTIONS) (AMENDMENT) REGULATIONS 1995

and shall be read as one with the National Insurance (Collection of Cap. 205. Contributions) Regulations, hereinafter referred to as the principal Regulations.

2. Parts I and II of Schedule to principal Regulations amended. Part I and Part II of the Schedule to the principal Regulations are amended by deleting in each Part under the heading "Rates of Contributions" the words­

"4% nf employees' earnings up to a ma.imum of $288 per week or $576 per fortnight or $1,250 per month";

and substituting in each Part the worns­

"4% of employees' earnings up to a maximum of $577 per week or $1,152 per fortnight or $2,500 per month.".

3. These Regulations shall come into force on the 1st day of September, 1995.

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SRO.7 Natio1UJ1 Insurance (Collection of COTlJribUlions) 1995 (Amendment) Regulations

Made the 9th day of February, 1995.

EDZEL THOMAS Minister.

GRENADA

PRINTED BY THE GOVERNMENT PRINTER, AT THE WEST INDlAN� PUBLISHING CO., ST. GEORGE'S�

1995.�

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1997 National insurance (Collection of SRo. 54 Contributions) (Amerulment) Regulations

GRENADA

STATIlTORY RULES AND ORDERS NO. 54 OF 1997

REGULATIONS MADE BY THE MINISTER RESPONSIBLE FOR SOCIAL SECURITY UNDER THE AUTHORITY OF SECTION 65 OF THE NATIONAL INSURANCE ACT, CAP. 205.

(Gazetted 27th November, 1997).

I. Short title: These Regulations may be cited as the

NATIONAL INSURJ\NCE (COLLECTION OF CONTRIBUTIONS) (AMENDMENT) REGULATIONS, 1997

and shall be read as one with the National Insurance (Collection of Cap. 205. Contributions) Regulations hereinafter referred to as the "principal

. Regulations."

2. Part 11 of the Schedule to the principal Regulations amended. Port II of the Schcdule to the principal Regulations is amended by deleting under the heading "Rates of Contributions" the words

"4% of employees' earnings up to a maximum of $577 per week or $1152 per fortnight or $2500 per month".

and substituting the words

114% of employees' earnings up to a maximum of $693 per week. or $1385 per fortnight or $3000 per month".

3. Commencement. These Regulations shall come into force on the 1st day of December, 1997.

Dated the 25th day ofNovember, 1997.

LAURlNA WALDRON Minister.

GRENADA

PRINTED BY THE GOVERNMENT PRINTER, AT THE WESf INDIAN� PUBLISHING CO.• ST. GEORGE'S�

1997.�

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1997 National Insurance (Benefit) (Amendment) SRO 55 Regulations

GRENADA

STATUTORY RULES AND ORDERS NO. 55 OF 1997

REGULATIONS MADE BY TIlE MINISTER RESPONsmLE FOR SOCIAL SECURITY UNDER TIlE AUTIIORITY OF SECTIONS 43 AND 64 OF TIlE NATIONAL INSURANCE ACT (CAP. 205).

(Gazetted 27th November, 1997).

1. Short title. These regulations may be citcd as the

NATIONAL INSURANCE (BENEFIIl (AMENDMENT) REGULATIONS 1997

and shall be read as ooe with the National Insurance Benefit Regulations. C'p. 205.

2. Regulation 8 wnended. Regulation 8 of the principal Regulations is amended in sub-regulation (I) by deleting the words "sixty percent' and substituting the words "sixty-five percent."

3. Regulation 13 wnended. Regulation 13 of the principal Regulations is amended in sub-regulation (I)

(a) by deleting the figures "$400.00" wherever they occur SRO 33/1994. and substituting the figures "$450.00"; and

(b) by deleting the words "sixty percent" and substituting SRO 33/1994.

the words "sixty-five percent."

4. Regulation 20 wnended. Regulation 20 of the principal .SRO 6/1995.

Regulations is amended by deleting the figures "$1,600"; "$1,200" and "$600" and substituting the figures "$2,000"; "$1,500" and "$750" respectively.

5. Regulation 22 wnended. Regulation 22 of the principal Regulations is amended in the second proviso to sub-regulation (3)

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SRo. 55 National Insurance (Benefit) (Amendment) 1997 Regulations

SRO 33/1994. (a) by deleting the figures "$35.00" and substituting the figures "$40.00";

(h) by substituting a colon for the full stop at the end of the proviso and inserting the following proviso:

"Provided further that the annual rate of pension shall be increased by eight percent for all pensions payable before the first day of January, 1997."

SRO 33/1994. 6. Regulation 30 repealed and replaced. Regulation 30 of the principal Regulations is repealed and replaced as follows:

'30. Rale or Pension. (1) The annual rate of pension shall be sixteen percent of the average annual insurable earnings supplemented by­

(i)� one percent of average annual insurable earnings for� each unit of twenty-five contributions actually paid in respect of or credited to the insured person, subsequent to the first one hundred and fifty and up to the next three hundred and fifty; and

(ii)� one percent of average annual insurable earnings for each unit of fifty contributions actually paid in respect of or credited to the insured person, subsequent to the first five hundred of such contributions:

Provided that in no case sball age pension exCeed sixty percent of annual insurable earnings:

Provide further,

(i)� that lbe annual rate of pension shall be increased,

5 percent for all pensions ftrst paid in calendar year, 1992;

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10 percent for all pensions first paid in calendar year, 1991;

15 percent for all pensions first paid in calendar year, 1990;

20 percent for all pensions first paid in calendar year, 1989;

25 percent for all pensions first paid in calendar year, 1988;

30 percent for all pensions first paid in calendar year, 1987;

35 percent for all pensions first paid before caleodar year. 1987; and

(ii)� that the minimum pension shall be $40.00 per week:

Provided funher that the annual rate of pension shall be increased by 8 percent for all pensions payable before the first day of January, 1997."

7. Regulation 33 repealed and replaced, Regulation 33 of the SRO 33/1994.

principal Regulations is repealed and replaced as follows:

"Special provisions for person over 34 years of age at Appointed Day.

33. An Age Pension shall be payable to a person wbo has attained the age of sixty years and­

(a)� who was over the age of thirty-four years at the Appointed Day;

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(b)� in respect of whom no less than one hundred and fifty contributions have been actually paid;

(c)� in respect of whom no less than two hundred and sixty contributions have been actually paid or credited; and

(d)� in respect of whom no less than twenty additional contributions have been actually paid or credited, in excess of the first two hundred and sixty contributions, for every year of age that he was under the age of fony-six at the Appointed Day."

SRO 33/t994. 8. Regulation 40 amended. Regulation 40 to the principal Regulations is amended in sub-regulation (3)

(a)� by deleting the figures "$7.50" and "$15.00" and substituting the figures "$8.50" and "$17.00" respectively; and

(b)� by substituting a colon for the full stop at the end of the sub-regulation and inserting the following proviso

"Provided further that the annual rate of the pension shall be increased by eight percent for all pensions payable before the first day of January, 1997".

9. RegulatiQn 41 repealed and replaced. RegUlation 41 of the principal Regulations is repealed and replaced as follows:

'Insufficiency of Pension AvailabJe for Distribution to Survivo....

41.� (I) Where the pension available for distribution to survivors of the deceased is insufficient to enable payments [Q

be made at the rates specified in Regulation 40. the pension available shall be distributed as follows:'

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(0)� to the spouse, at the rate of three-quarters of the pension available, and

(b)� to the children, the remammg amount in proponion to their corresponding rates (one fonnh if an orphan, and one half if a full orphan or an invalid) but no less than the corresponding minimum amounts specified in Regulation 40 (3).

(2)� When the pension of one of the survivors is lerminated, the rate of pension for the remaining survivors shall be recalculated in accordance with sub-regulation (I).•

10. Commencement. These Regulations shall come into force on the Ist day of December, 1997.

Dated the 25th day of November, 1997.

LAURINA WALDRON Minister

GRENADA�

PRINTED BY TIlE GOVERNMENT PRINTER, AT TIlE WEST INDIAN� PUBLISHING CO., ST. GEORGE'S�

1997.�

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1997 National Insurance (Financial and Accounting) SRo. 56 Regulations

PART 1- PRELlMINARY

I. Short Title 2. Interpretation

PART 11- FINANCIAL ORGANIZAnON

3. Benefit Branches 4. Financial Autonomy of Benefit Branches

PART III - BUDGET ESTIMATES

5. Financial Year 6. Annual Budget

PART IV - FINANCIAL CONTROL

7. Financial Authorizations to Staff 8. Loss, Deficiencies, and Overpaymenl 9. Internal Audit 10. Periodical Reports to the Board

PART V -AccOUNTS

I I. Accounting System 12. Annual Summary Accounts 13. Distribution of Income among Benefit Branches 14. Distribution of Expenditures among Benefit Branches 15. Reserves 16. Level of Reserves and Actuarial Advice 17. Audit Under Section 20 of the Act

PART VI - MISCELLANEOUS PROVISIONS

18. Commencement

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GRENADA

STATUTORY RULES AND ORDERS NO. 56 OF 1997

REGULATIONS MADE BY mE MINISTER RESPONSIBLE FOR SOCIAL

SECURITY IN EXERCISE OF TIlE POWER CONFERRED BY SECTIONS 5

AND 65 OF TIlE NATIONAL INSURANCE ACT (CAP. 205).

(Gazetted 27th November, 1997).

PART 1- PRELIMINARY

I. Short title. These regulations may be cited as the

NATIONAL INSURANCE (FINANCIAL AND ACCOUNTINGl REGULATIONS, 1997.

2. Interpretation. In these Regulations, unless the context otherwise requires­

"appointed day" means the day so appointed under Section 2 of the Act;

"benefit" means benefit under the Act;

"Benefit Regulations" means the Nationallnswance (Benefit) RegulatIOns;

"Contribution Regulations" means the National Insurance (Contribution) Regulations;

"expenditures" means payments out oftile Fund in accordance with the provisions of Section 3(2) ofthe Act;

"income" means payments into the Fund in accordance with the provisions of Section 3(1) of the Act.

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~rve· means anyone of the reserves constituted under Regulation 15 of these Regulations.

All other words and expressions defined in the Act shall have the same meaning in these Regulations.

PART II - FINANCIAL ORGANIZATION

3. Benefit Branches. Subject to these Regulations, benefits shall be grouped into three separate benefit branches­

(a) Short-term Benefit Branch, comprising Sickness BenefilS, Maternity Benefits, and FWleral Grants;

(b) Long-term Benefit Branch, comprising Age Pensions, Invalidity Pensions, Survivors' Pensions, Age GranlS, Invalidity Grants, and Survivors' Grants; and

(c) Employment Injury Benefits Branch, comprising Injury Benefits, Disablement Benefits, Medical Expenses, Death Benefits, and Funeral Grants,

4. FiDBncial Autonomy uf Benefit Branches. (1) Except as provided in these Regulations, each of the three benefit branches specified in Regulation 3 shall be financially autonomous, that is to say, income allotted to one benefit branch shall not be used to cover the expendinm:s relating to another benefit branch.

(2) Notwithstanding sub-regulation (1), if there is a temporary insuffiCiency in anyone benefit branch, the Board may authorize the temporary transfer of an amount that may be necessary to meet it from another benefit branch.

(3) An amount transferred under sub-regulation (2) sbaJJ be repaid to the lending benefit branch by the borrowing benefit branch as soon thereafter as possible, including interest at such rate as the Board may determine.

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(4) If the insufficiency mentioned in sub-regulation (2) continues beyond a period of three months, the Board, wbile authorizing atemporary transfer ofthe necessary amoun~ shall seek actuarial advice in accordance with Regulation 16 (3) ofthese Regulations.

(5) Separate income and expenditure accounts shall be established and maintained for each of the benefit branches and shall be prepared in accordance with Part V of these Regulations.

(6) Separate reserves shall be established and maintained in respect ofeach ofthe benefit branches in accordance with Part V of these Regulations.

PARTlll-BUDGETESTIMATES

S. Financial Year. The Financial Year for the purpose of the budget and accounts shall be the Calendar Year ending on the 31st day of December.

6. Annual Budget. (1) Before the 31st day of October of eacb flnancial year, the Director shall, with respect of each of the benefit branches specified in Regulation 3, submit to the Board for its approval the estimates of income and expenditure for the next following fmancial year.

(2) be estimates submitted in accordance with these Regulations, when approved by the Board, shall show the income thal is expected to be collected and shall set the limits to the expenditure that may be incurred under each of the relevant beads. Expenditure shall not be incwred under any head in excess ofthe limit set by the Board for that bead without the prior approval ofthe Board.

(3) If the budget estimates submitted to the Board have not been approved by it before the beginning of the corresponding fmancial year, the Director may be authorized by the Board to incur expenditures under the various beads subject to such conditions as it may deem fit w impose until such time as the budget is approved.

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PART IV - FINANCIAL CONTROL

7. F"lDaDcial AutborWitiODS to Staff. (I) The Director shall draw up a list which shall contain the nBllles of such of the officers of the Board as, from time to time, shall be authorized by the Board to approve

-payment vouchers, sign cheques, approve accounting transfer.; or exercise other similar functions and the list shall specify such limit, financial or otherwise, as the Board may approve, within which each officer shall be authorized to exercise the function or functions allotted to him.

(2) Any changes to the list referred to in sub-regulation (I) shall be submitted on a supplemental list for the approval of the Board and the original list shall be revised accordingly.

8. Loss Deficiencies and Overpayment. (1) The Board with the concurrence of the Minister may authorize the writing off of any loss, deficiency or overpayment as irrecoverable ifit is satisfied in each cas......

(a) that adequate investigation has been made into the causes of, and responsibility for, the loss, deficiency or overpayment; and

(b) that sreps have been taken as far as possible to prevent the recurrence of any similar loss, deficiency or overpayment.

(2) The Board may direct that specific measures be taken to prevent losses mentioned in sub-regulation (I) .

9. Internal Audit. The Board shall ensure that adequab: arrangements be made for the internal audit of the financial procedures, benefit payments and the maintenance and operations of the accounts of the Fund.

10. Periodical Reports to the Board. (I) The Director shall submit to Ibe Board periodical reports 00 Ibe financial situation of Ibe Fund with reference to income and expenditure.

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(2) The Director shall without delay submit to the Board any report by internal auditors concerning fraud, administrative abuse or serious irregularities.

PART V - ACCOUNTS

II. Accounting System. The financial transactions of the Fund shall be recorded in the accounts by the double-enlry system of book-keeping.

12. Anuual Summary Accounts. (I) At the end of each financial year the accounts as a whole shall be balanced and the following summary accounts and Balances Sheet shall be prepared.

(a) a consolidated Income and Expenditure Account for the Fund as a whole;

(b) the Income and Expenditure Account in respect of each of the three benefit branches specified in Regulation 3; and

(c) a BaJance Sheet for the Fund as a whole.

(2) The !Dcome and Expenditure Accounts shall show the income and expenditure recorded during the fmancial year and the Balance Sheet shall show the liabilities and assets of the Fund as at the end of the fmancial year.

(3) The accounts and Balance Sheet specified in this Regulation shall be prepared as soon as practicable after the end of the financial year and sball be submitted to the Board not later than the 31st day ofMarcb ofthe next following fmancial year.

(4) If the Board is satisfied that for certain practical reasons the accounts could not be submitted by such date as provided for in sub-regulation (3), it may extend the said date by a period not exceeding thirty days.

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13. Distribution of/ncome among Benefit Brancbes. (1) All swns collected as contributions shall be distributed among the benefit branches in the following proportions­

(a) in respect of earnings insurable before the appointed date of the National Insurance (Employment Injury Benefit) Regulations­

(i) Short-term Benefits Branch 15.80%;

(ii) Long-term Benefits Branch 84.20%;

(h) in respect ofeamings insurable on and after the appointed date of the National Insurance (Employment Injury Benefits) Regulations­

(i) Short-term Benefits Branch 14"04%;

(ii) Long-term Benefits Branch 74"85%;

(iii) Employment Injury Benefits Branch 11.11%.

(2) If an actuarial report made under Section 22 of the Act recommends a redistribution ofthe cODtrlbution income among the benefit branches, the Minister, acting on the recommendation of the Board, If'1y modify by regulation the propositions specified in sub-regulation (I).

(3) The net income from the invesboent of the reserves in any financial year, after deducting all expenses related to the acquisition, maintenance, and disposition of the investment instruments, shall be distributed among the benefit branches in proportion to the amount of the reserve of eacb benefit branch at the beginning of that financial year.

(4) The provisions of sub-regulation (1) shall apply mutatis mutandis for the distribution into the separate benefit branches of any other income to the Fund.

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14. Distribution of Expenditllre among Benefit Brancbes. (I) The expenditure in respect to each benefit payment shall be ascribed to the benefit branch under which that benefit is grouped according to Regulation 3.

(2) The net administrative expenditure of the Fund in any financial year, after deducting all expenses related to the acquisition, maintenance, and disposition of the investment instruments, shall be disttibuted among benefit branches in the proportion that the sum of the income and other expenditure (other than administrative expenditure) of each benefit branch bears to the tolal income and expenditure (other than administrative expenditure) ofall benefit branches combined.

(3) Any expenditure that is not attributable to any specific benefit branch shall be distnbuted among the benefit branches ll£cording to the proportions calculated in sub-regulation (2).

IS. Resel'Ve. (I) A Short-term Benefits Reserve shall be constituted by transferring thereto annually the excess income over expenditure oftbt Short-term Benefits Branch.

(2) A Long-term Benefits Reserve shall be constituted by transferring thereto annually the excess income over expenditure of the Short-term Benefits Branch.

(3) An Employment Injury Benefits Reserve shall be constituted by transferring thereto annually the excess income over expenditure of the Short-term Benefits Branch.

(4) The Minister in accordance with the advice of the Board and as recommended by the actuary may transfer an amount not exceeding Five Million Dollars from one of the benefit reserves to another benefit reserve.

(5) On the appointed date of the National Insurance (Employment Injury Benefits) Regulations, the sum of Five Million Dollars shall be permanently transferred from the Short-term Benefits Reserve into the Employment Injury Benefits Reserve.

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16. Level of Reserve and actuarial Advice. (1) The minimwn level of the Short-tenn Benefits Reserve shall be equivalent, at the beginning of a financial year, to one-fourth of the combined total expenditure of the Short-tenn Benefits Branch in the three immediately previous financial year.;.

(2) The minimwn level of the Long·tenn Benefits Reserve shall be equivalent to, at the beginning of a financial year, twice the combined total expenditure of the Long-tenn Benefns Branch in the three immediately previous financial year.;.

(3) The minimum level of the Employment Injury Benefits Reserve shall, atib. beginning of a financial year be equivalent to the combined IOtal expenditure of the Employmentlnjwy Benefits Branch in the three immediately previous fmancial year.;.

17. Audit Under Section 20 oftbe Act (I) The accounts of the Board shan be audited armually by a qualified acCountant appointed for the purpose by the Board.

(2) The Auditor shall fOIWard his report to the Board and a copy thereof to the Minister.

(3) The Board shall require the Director 10 produce the accounts and Balance Sheet to the Auditor on or before the 1st day of Aprillbllowing the close of the financial year to which they relate.

(4) In the case of an exten,ion under Regulation 12 (4), the Board may extend the said date by a period not exceeding thirty days.

(5) The Director shall submit to the Auditor all accounts required for the purpose ofthe audit and any other document, information or explanation that the Auditor may require for that purpose.

(6) The Auditor shall submit 10 the Board and a copy thereof to the Minister, a separate statement, if necessary, in regard to­

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(0) any material impropriety or irregularity thai he may observe in the expenditure or in the recovery of money due to the Fund or in the accounts of the Board; or

(b) any loss or waste ofmoney or other property ,)woed by or vested in the Board that has been caused by neglect or misconduct.

(7) The Board shall forthwith require the Direclor to remedy any defect or irregularity pointed out by the Auditor. dctennine responsibility therefor, and repon to the Minister on the action taken thereon.

PART VI - MISCELLANEOUS PROYfSIONS

18. Commencement These Regulations shall come into operation on 1st December, 1997.

Dated the 25th day of November, 1997.

LAURINA WALDRON Minister.

GRENADA

PRINTED BY TIlE GOVERNMENT PRINTER, AT nrn WEST IN DIA.-;� PUBLISIllNG CO .. ST. GEORGE'S�

1997.�

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Am� 1997 National Insurance (Miscellaneous SRO 59

Amendments) Regulations

GRENADA

STATUTORY RULES AND ORDERS NO. 59 OF 1997

REGULATIONS MADE BY THE MINISTER RESPONSIBLE FOR SOCIAL SECURITY UNDER TIlE AUTIiORITY OF SECTIONS 5, 43, 64 AND 65 OF THE NATIONAL INSURANCE ACT, CAP. 205.

(Gazetted 19th December, 1997).

I. Short title: These Regulations may be cited as the

NATIONAL INSURANCE (MISCELLANEOUS� AMENDMENTS] REGULATIONS, 1997.�

2. Commencement of SRO 54/1997 and SRO 55/1997: The amendments made to 'he National Insurance (Collection of Contributions) Regulations, Cap. 205 and the National Insurance (Benefit) Regulations, Cap. 205 by the Regulations set out in Part A of the Schedule sball come into force on the Ist day of March, 1998, and shall be deemed not to have come into force on 'he 1st day of December, 1997.

3, Commencement orSRO 56/1997: The Regulations set out in Part B of the Schedule shall come into force on the 1st day of March, 1998, and shall be deemed not to have come into force on the Ist day of December, 1997.

4, Savings: No contribution shall be collected and no benefit shall be payable by virtue of the Regulations specified in the Schedule having come into operation on the Ist day of December, 1997.

SCHEDULE (Regulations 2 & 3)

PARrA

I.� The National Insurance (Collection of Contributions) (Amendment) Regulations, 1997 - SRO 54/1997.

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1997SRO.59 National InsuTanl;e (Miscellaneous Amendments) Regulations

2.� The National Insurance (Benefit) (Amendment) Regulations, 1997 - SRO 55/1997.

PARTB

1.� The National Insurance (Financial and Accounting) Regulations, 1997 ­SRO 56/1997.

Made by the Minister this 17th day of December, 1997.

LAURINA WALDRON Minis/er.

GRENADA

PRINTED BY TIlE GOVERNMENT PRINTER, AT TIlE WEST INDIAN� PUBLISHING CO.. ST. GEORGE'S�

19'17.�

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1998 National Insurance (Employment Injury SRO.7 Benefit) Regulations

ARRANGEMENT OF REGULATIONS

PART I

PrelimiDlll'y

1. Shon Title 2. Interpretation

PART II

Injury Benefit

3. Entitlement to and Rate of Injury Benefit 4. Eligibility for Injured Benefit 5. Claim for Injury Benefit 6. Duration of Injury Benefit

PART III

Disablement Benefit

7. Entitlement to and Duration of Disablement Benefit 8. Rate of Disablement Benefit 9. Increase for ConstJllll Attendance 10. Assessment of Extent of Disablement II. Successive Accidents

PART IV

Medical Expenses

12. Prescribed Medical Expenses 13. Payment of Medical Expenses During Absence from State 14. Medical Expenses Incurred Outside State 15. Direct Payment of Medical Expenses by Board 16. Reimbursement by Insured Person of Refunded Medical Expenses

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PARTY

Death Benefit

17. Me;tning of "widow" and "widower" 18. Ent1l1emenl to Death Benefit 19. Re~.istration of Person as Beneficiary ~J. Determination of Weekly Rate of Death Benefil

PARTYI

Funeral Benefit

21. Entitlement to Funeral Grant

PART Yll

Application of CertaIn Occupational Dise""es

22. Application to Occupalional Diseases 23. Reference to Single Medical Practitioner

PART yn

Miscellaneous Provisions

24. Entitlement to More than One Benefit 25. Refund of Benefit Improperly Paid 26. Credib:d Contributions 27. Persons Absent Abroad 28. PersoTs Undergoing Imprisonment or Detention ill Legal Custody 29. Commencement

FIRST SCHEDULE: SECOND SCHEDULE: THIRD SCHEDULE:

Rates of Benefns Prescribed Degrees of Disablement Occupational Diseases

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1998 National Insurance (Employment Injury SRO.7� Benefit) Regulations

GRENADA�

STATUTORY RULES AND ORDERS NO.7 OF 1998�

REGULATIONS MADE BY TIlE MINISTER RESPONSIBLE FOR SOCIAL

SECURITY IN EXERCISE OF TIlE POWER CONFERRED BY SECTION 42 OF

THE NATIONAL INSURANCE ACT CAP. 205.

(Gazetted 31st March, 1998).

Part I

PRELIMINARY

I. Short title: These Regulations may be cited as the

NATIONAL INSURANCE (EMPLOYMENT INJURY� BENEFIT) REGULATIONS, 1998.�

2. Interpretation; In these Regulations, unless the context otherwise requires­

"appointed day" means the day so appointed under Section 2 of the Act;

"benefit" means benefit under the Act;

"Benefit Regulations" means the National Insurance (Benefit) Regulations;

"claimant" means a person claiming benefit and, in relation to an award or decision, a beneficiary under the award or affected by the decision;

"deceased" in relation to death benefit, means the person in respect of whose death the benefit is claimed or payable;

"Director" means the Director of the National Insurance Scheme, appointed pUflmant Section 9 of the Act;

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"incapacity" means inability 10 work as a result of an inju£) sustained;

"insured perron" means a person insured UDder Se\;tio!l 24 of the Act;

"injury bencfit period" means, in relation to an accident, the period of twenty-six weeks beginning with the day of the accident, or that pan of the period for which under Regulation 7(2) disablement benefit in respect of the accident is available to the insured person;

'invalid" means a person incapable of work as a result of a specific disease or bodily or mental disablement which is likely to remain permanent;

~medical examination" includes bacteriological and radiological tests, and similar investigations and references to being medically examined shall be construed accordingly.

'medical practitioner" means a medical practitioner registered in Grenada or a person practising medicine outside the State who is qualified to practice medicine and is not prohibited from so doing under the Law of the place where he practices;

"pension" means disablement benefit or death benefit paid in thc form of a pension, as the case may require;

"relevant accident", "relevant mjury", and "relevant disease" mean. respectively in relation to any benefit, the accident, injury, or occupational disease in respect of which that benefit is claimed or payable, and "relevant loss of faculty" means the loss of physical or mental faculty resulting from the relevant aceidem, injury or occupational disease;

"sickness benefit", "inValidity benefiC'. "maternity benefit", "survivor's benefit", or

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"age benefit" means the respective benefit payable under Section 39 of the Act;

"occupational disease" means a disease listed in the Third Schedule;

3. Entitlement to and Rate 01; lJIjury Benefits: (1) Subject to these Regulations, an insured person is entitled to Injury Benefits in respect of any day during a period of which, as a result of an injury, he is incapable of work.

(2) In determining for purpose of these Regulations whether an insured person is incapable of worl<, the time of the incapacity shall run from the instant the accident occurred and no part of the day on which the accident occurred prior to the event shall be disregarded.

(3) Subject to sub regulation (4), Injury Benefit shall be payable at the appropriate weekly rate calculated in accordance with the First Schedule and the amount payable for any day of incapacity shall be one-sixth of the weekly rate (Sundays being disregarded).

(4) Where any further period of incapacity resulting from an accident for which benefit is payable occur within the Injury Benefit Period, the daily rate of benefit payable shall be the daily rate appropriate to the first period of incapacity and the first period and the further period shall, for the purpose of Regulation 4(1), be treated as one continuous period of incapacity.

4_ Eligibility for Injury Benefit: (I) Subject to sulrregulation (2), an insured person is not eligible for Injury Benefit for the frrst three days of any continuous period of incapacity for worl< resulting from an injury, unless the continuous period lasts four days or longer.

(2) Subject to sub-regulations (3) and (4), for the purpose of computing the first three days of the continuous period of incapacity indicated in sub-regulation (1r­

(aJ Public Holidays shall be included, and

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(b) Sundays shall be disregarded.

(3) Where an insured person has already had a continuous period of incapacity exceeding three days for which Sickness Benefit or Injury Benefit has been paid, and the interval between the last day of that incapacity and the commencement of a further perioo of incapacity is no more than eight weeks, Injury Benefit is payable from the fim day (Sundays being disregarded) of the further period of incapacity at the rate calculated in accordance with Regulation 3(3).

(4) Where an insured person has already had a continuous period of incapacity of less than four days, and the interval between the last day of that incapacity and the commencement of a further period of incapacity is no more than eight weeks, Injury Benefit is payable from the first day (Sundays being disregarded) of the combined period of incapacity at the rate calculated in accordance with Regulalion 3(3). if the combined period of incapacity is four days or longer.

(5) Injury Benetit shall not be paid to an insured person for any day prior to the first day from which he has been certified by a medical practitioner to be incapable of work.

(6) NotwidlStanding sub-regulation (5) hur subject to sub regulation (I), the Director may pay benofit from an earlier date, having regard to the prescribed time for claiming benefit.

S, Claim for IJIjwy Benefit: (I) A claim for Injury Benefit shall be made in prescribed manner and shall be supported by a certificate of a medical practitioner or by such other evidence as the Director may require for the purpose of establishing the incapacity of the insured person to work.

(2) The Director may. before deciding a claim for Injury Benefit, require the claimant to undergo a medical examination by one or more medical practitioners appointed by the Board.

6. Duration of Injury Benefit: Subject to Regulation 5, Injury Benefit shall be paid so long as the incapacity to work. as the result of

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1998 National Insurance (Employment Injury SRD. 7 Benefit) Regulations

an accident, continues up to a maximum of twenty-six weeks from the date on which the relevant accident occurred.

PART III

DISABLEMENT BENEFIT

7. Entitlement to and Duration of Disablement Benefit. (I) Subject to sub-regulatioo (2). an insured persoo is entitled [0

Disablement Benefit if he suffers, as the result of the relevant accident, from loss of physical or mental faculty such that t.he extent of the resulting disablement assessed in accordance witll Regulation 10, amounts to not less than ooe per cent, and for the purpose of that Regulation when thc exteot of the resulting disablement, if so assessed would not amount to one per cent it shall oN be regarded as a relevant loss of faculty.

(2) Disablement Benefit is not available to an insured person until after the third day of the period of twenty-six weeks beginning with the day on which the relevant accident occurred nor until after the last day of the period during which he is incapable of work as a result of the relevant injury;

Provided lhat­

(a)� where he makes a claim for Disablement Bell£fit in respect of the relevant accident before the end of any such period; and

(b)� does not withdraw the claim before it is fmally determined, then if on any day of that period after the claim be is able to work the fact that he is nol able on any subsequent day of the period shall be disregarded for the purpose of this paragraph.

(3) Where thc extent of the disablement for the assessed period amounts 10 less than thirty per cent, the Disablement Benefit shall be in the form of a Disablement Grant amounting to­

(a)� if the assessed period is­

.~,----------------- --- --------­

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(i)� limited to the life span of the claimant, or

(Ii)� not Ie" than seven years,

three hundred and sixty-five times a percentage of the Weekly Total Assessed Disablement Benefit equal to the assessed percentage loss offaculty;

(b)� in any other case, other than paragraph (a), <he number of assessed weeks times a percentage of the Weekly Total Assessed Disablement Benefit equal to the assessed percentage loss of faculty.

(4) Where the extent of the disablement is assessed for the period at thirty per cent or more, the Disablement Benefit shall be paid in the form of a pension payable in arrears, and shall be a percentage of the Weekly Total Assessed Disablement Benefit equal to the assessed percentage loss of faculty.

(5) Where the assessed period is limited by reference to a definite date, the pension shall cease on the death of the beneficiary if he dies before that date.

8. Rate or Disablement Benefit: The rate of Disablement Benefit shall be determined in aecordance with the First Schedule.

9, Increase for constant Attendance: (I) Where a Disablement Benefit is payable in respect of an assessmenl of one hundred per cent, then, if the Director is salisfied that as a result of the lelevant loss of faculty the beneficiary requires the constant attendance of another person, the rate of pension payable shall be increased by fifty per cent.

(2) An increased of pension under sul>-regulation (1) shall he payable for such period as may be determined by the Director at the time it is graJited, but may be renewed from time to time. However, no such increase shall be payable in respect of a period for which the beneficiary is receiving medical treaUDent as an in-patient in a hospital or in a similar institution,

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(3) Subject to Paragraph (4), where a person is awarded Disablement Benefit and the extent of bis disablement is assessed at less than one hundred per cent, but no less than thirty per cent, the disablement assessment shall be treated as one hundred per ceot for any part of the relevam period either before or after the making of the assessment during which­

(a)� the person receives, as an in-patient of a hospital or similar institution, medical treatment for the relevant injury or loss of faculty; or

(b)� the person is incapable of work as a result of the relevam injury or loss of faculty;

for any period not exceeding two hundred and sixty weeks from the date of the relevant ac.cident.

(4) Where the extent ofthc disablement is assessed at less than thirty per cent, the weekly rate of Disablement Benefit payable for the relevant period in accordance with sub-regalation (3) shall be reduced by the amount that would bave been payable weekly but for the provisions of this sub-regulation, had a Pension been payable instead of a Grant.

10. Assessment of Extent of Disablement: (1) Subject to sub regulations (2) and (6), for the purpose of Disablement Benefit, the extent of disablemem shall be assessed by reference to the disabilities incurred by the claimant as a result of tbe relevant loss of faculty in accordance with the following general principles­

(a)� save as provided in this Paragraph, the disabilities to be taken into account shall be all the disabilities (Whether or not involving loss of earning power or additional expenses) to which the claimant may be expected, having regard to his physical or memal condition at the date of the assessment, to be subject during the relevant period of assessment as compared with a person of the same age and sex whose physical and mental condition is normal;

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SRo.� 7 National Insurance (Employment Injury 1998 Benefit) Regulations

(b)� the disablement shall be treated as incurted as a result of the relevant loss of faculty except that, subject to sub-regulation (2), it shall not be so treated where Ihe claimant either­

(i)� would in any case be subject thereto as a result of a congenital defect or an injury or disease received or contracted before the relevant acddent or injury; or

(ii)� would not be subject thereto but for some injury or disease received or contracted after and not directly attributable 10 the relevant accident or injury;

(e) the assessment shall be made without reference to the particular circumstances of the claimant other than age, sex, and physical or mental condition.

(2) Where the sole iJ]jury that a claimant suffers as a result of the relevant accident is one specified in the first column of the Second Schedule, the loss of faculty suffered by the claimant as a result of that injury shall be treated, for the purpose of this Regulation, as resulting in the degree of disablement set against such injury in the Second Schedulc.

(3) For the purpose of assessing the extent of the disablement resulting from the relevant injury in any case that is not to be determined under sub regulation (2), a Medical Board may have such regard as may be appropriate to the prescribed degrees of disablement set against the injuries specified in the Second Schedule.

(4) Subject 10 sub·regulation (5), the period tn be laken into account in assessing the extent of a claimant's disablement shall be lhe period (beginning nOl earlier than the end of the Injury Benefit Period and limited by reference cither to the claimant's life or to the dcfinite date) during which the claimant has suffcred and may be cxpected to continue to suffer relevant loss of facully.

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1998 National1rzsurance (Employment Injury SRo. 7 Benefit) Regulations

(5) If on any assessment the condition of the claimant is not such, having regard to the possibility of change (whether predictable or not), as to allow a fmal assessment to be made up to the end of the period­

(a)� a provisional assessment shall be made, taking into account such shoner period only, not being less ilian thirteen weeks, as seems reasonable having regard to his condition and the possibility of change; and

(b)� on the next assessment, the period to be taken into aeeount shall begin with the end of the period taken into account by the provisional assessment.

(6) An assessment sball stale the degree of disahlement in the form of a percentage and shall also specify the relevant period and, where that period is limited by reference to a dermite date, whether the assessment is provisional or fmal.

(7) The percentage and the period referred to in sub-regulation (6)­

(a)� shall not be specified more panicularly than is necessary for the purpose of determining, in accordance with Regulation 7, the right of the claimant to Disahlement Benefit; and

(b)� a percentage between thirty and one hundred that is not a multiple of ten shall be treated­

(i)� if it is a multiple of five, as being the next higher pereentage that is a multiple of ten;

(ii)� if is not a multiple of five, as being the nearest percentage that is a multiple of ten.

11. Successive Accidents: (1) Where a person suffers two or more successive accidents against which he is insured under the Act­

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(0)

(b)

he shall not for the same period he entitled to receive­

(i)� Injury Benefit and Disablemenl Benefit, but shall he entitled to receive the heoefit that is payable at the higher rate; except that where the Disablement Benefit is a Grant, the weekly rate of Injury Benefit shall he reduced, during the unexpired portion of the relevant period assessed, by the amount that would have been payable weekly had a Pension been payable instead of a Grant;

(ii)� more than one Disablement BenefIt, but in assessing his degree of disablement in cormection with the second or subsequent claim the total degree of disablement arising from all the relevant injuries and diseases shall he assessed and he shall be entitled 10 Disablement Benefit based on the assessment instead of any previous assessment. and the fate of benefit so payahle shall he computed hy reference to whichever of the rates. in accordance with the First Schedute, is higher;

if during a period covered hy an assessment of disahlement for which a Disablement Benefil has heen paid he suffers a further injury, the total degree of disablement arising from all the relevant injuries shall he assessed and he shall he entitled to Disablement Pension or to Disablement Granl, as is appropriate to the degree of disablement, hut either­

(i)� the weekly rate of Disablement Pension shall he reduced during the unexpired portion of the period by reference to which the Disablement Grant was assessed by the weekly amounl thai would have been payahle instead of a Grant, or

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(ii)� the amount of the Disablement Grant shall he reduced by the equivaleot length of the uru:xpired portion of the Grant previously paid.

(2) Prior to any reduction, as in Paragraphs (b) (i) or (b) (ii), the rate of the Disablement Pension or the amOlmt of the Disablement Grant that is payable on the second subsequent occasion shall be computed by reference to whichever of the average insurable earnings was the higher prior to any of the relevant accidents.

PARTlY

MEDICAL EXPENSES

12. Prescribed Medical Expenses: (1) Subject to the provisions of this Part, an insured person is entitled to the refund of the following medical expenses incurred by him as a result of the relevant accident­

(0)� medical, surgical, dental and hospital treatment, skilled nursing services, and the supply of medicines;

(b)� supplics, fittings, maintenance, repair and renewal of anificiallimbs, dentures, spectacles, and other similar apparatuses and appliances; and

(e)� the cost of travelling for the purposes of sub-aragraphs (a) and (b).

(2) Medical Expenses refunded under this Part shall not exceed the amOlmt of­

(0)� the reasonable expenses incurred by the Claimant; and

(b)� the expenses of obtaining treattnent which provides for maximum effectiveness at minimum reasonable cost.

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(3) The fee or changes constituting Medical Expenses shall not be more than would be properly and reasonably charged to the insured

person if he himself were meeting such fees and charges.

(4) The amount of any such fees and charges that may be refunded under this Part in any case shall be detennined by the Director.

13. Payment of Medical Expenses During Absence from Slate: Medical Expenses for which a person is eligible during his absence from the State shall be paid in the State to such representative acting for and on behalf of the person concerned as may be approved under this Part.

14. Medical Expenses mCUITed Outside State: (I) Where an insured person suffers injury by accident­

(a)� in the State and incurs Medical Expenses outside the State. the amount refunded under this Part shall not, subject to sub regulation (2), exceed the amount Ibat, in the opinion of Ibe Director. would have been refundable under Regulation 12 had the expenses been incurred in the State;

(b)� outside of Ibe State, and incurs Medical expenses outside of the State, the amount refunded under Ibis Part shall not, subject to sub-regulation (2 ) exceed Ibe amount of expenses Ibat may be refunded under Regulation 12(1)(c) and paragraph (a).

(2) The amount of Medical Expenses refunded shall not exceed one Ibousand dollars.

(3) Any limitation as to the amount or class of medical expenses that may be defrayed under this Regulation shall not apply where such expenses were incurred outside of the State with the prior approval of the Board.

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15. Direct Payment Cor Medical Expenses by the Board: Notwithstanding anything contained in this Pan. where the Board considers it desirable so to do. it may instead of refunding to the insured person any Medical Expenses incurred hy him, pay directly to a medical practitioner or institution from whom or at which he obtained treatment the Medical Expenses incurred in or such part thereof as may he refunded under these Regulations.

16. Reimbursement by Insured Person oC ReCunded Medieal Expenses: (I) Where a medical practitioner from whom or an institution at which an insured person has obtained treatment for personal injury suffered by accident is not paid by or on behalf of that insured person any amount due in respect of that treatment. then. if any Medical Expenses incurred in respect of sueh treatment has been refunded to that person by the Board under this Regulation, the Board may require that insured person or any other person to whom the amoWlt was refunded to reimburse the amount or such part thereof as the Director may determined.

(2) Any amount required by the Board to be reimbursed pursuant to paragraph (I) may be recovered as a debt due to the Board or by deduetion from any other benefit payable by the Board to or in respect of that insured person.

PART V

DEATH BENEFIT

17. Meaning oC "widow" and "widower" Subject to Section 43 of the Aet, for the purpose of this Part in relation to Death Benefit the expression Wwidow" or "widower" in relation to a person who has been married more than once refers only to the last husband or wife.

18. Entitlement to Death Benefrt: (I) Subject to this Regulation and to Regulation '17, 19. and 20, Death Benefit shall be paid in the case of death due to employment injury to the dependents of the deceased insured person in the following order of priority and for the following periods­

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(a)� (0 the widow of the deceased insured person or to a person with whom the insured lived as husband and wife and who at the time of his death was wholly or mainly maintained by him, fnr the duratinn nf ber life or until remarriage;

(b)� to a person with whom the insured lived as busband and wife and who as the time of her death was wholly or mainly maintained by her, for the duration of his life or until remarriage;

(c)� to unmarried children, including adopted children, step-children, and children of the deceased bom out of wedlock who, at the date of death of the deceased are uDder the age of sixteen years and were living with or were wholly or mainly maintained by the deceased, until the child attains his sixteenth birthday or in the case of an invalid child for the period during wltich invalidity continues; and

(<1)� to any other person, including children not qualitying under paragraph (a), (b), or (c) adjudged by the Director to have been wholly or mainly dependent upon the earnings of the deceased at the time of death of the deceased.

(2) A person referred to at sub-regolation (l)(d) shall not be deemed mainly dependent upon the eamings of the deceased unless such person was financially dependent for the provision of the ordinary necessities of life suitable for a person of his position.

19. Registration of Person as Beneficiary: (I) For Ihe pu1JlOSC of this Part in relation to Dealh Benefit where it is a condition for entitlement to that benefit that a person is Ihe widow or widower of an insured person, an insured person may at any time after Ihe Appointed Day apply to the Director for registration of the particulars of the beneficiary for Dealh Benefit which shall include­

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(a)� in case of a single insured man or widower, a single woman or widow with whom he lives and cohabits;

(b)� in the case of a single insured woman or widow single man or widower with whom she lives and cobabits.

(2) Registration under this Regulation of a person as a beneficiary shall automatically exclude all other persons from being beneficiaries and the references to "husband" or "wife" for the distribution of benefit in the circumstance of (I)(a) Or (l)(b) shall be construed as referring to sucb registered beneficiary only.

(3) A registration so made may be canceled on the request of the insured person.

(4) Where no registration has been made under sub-regulation (1) the Director may treat a single woman or widow. or single man Or

widower. who was living as wife or husband with the single man Or

widower, or single woman or widow, at the time of his or her death, as if she or him were in law his widow or her widower.

(5) Where the question of marriage or remarriage or the date of marriage or remarriage arises in regard to entitlement to benefit, the Director shall in the absence of the subsistence of a lawful marriage decide whether or not the person concerned should be treated as if they were married as the case may be, and in so deciding the Director shall have regard to the provisions of sub-regulations (I) through (4).

(6) Registration under sub regulation (I) or the determination of the Director under sub-regulations (2) or (3) shall, unless the context otherwise requires, have the effecl of extending, as regards to entitlement to Death Benefit, the meaning of the word "marriage" to include the association of a single woman or widow with a single man or widower as aforesaid and the words "wife", "husband", "widow". and "widower" shall be construed accordingly.

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20. Determination of Weekly Rate of Death Benefit: (I) The weekly rate of Death Benefit available for payment shall be determined in accordance with the provisions of the First Schedule and shall be allocated to dependents as follows­

(a)� three-fourth of the benefit available for payment to the person qualified under Regulation 18(a) or 18(b);

(b)� one-quarter of the benefit. available for payment to each child qualified under Regulation 18(c), except that in respect of any child who is an invalid the rate of benefit payable may be fixed at one-half of the benefit available for payment;

(c)� in the case of any other dependent qualified under Regulation 18(d), one-quarter of the benefit available for payment. except that in respect of a person who was wholly dependent upon the deceased at the date of his death the benefit payable may be fixed at one-half of the benefit available for payment.

(2) In the case of a dependent under sub-regulation (I)(c) the payment period shall not exceed fifty-two weeks from the date of death of the deceased.

(3) The aggregate of all pensions payable to all surviving beneficiaries shall not exceed the benefit available for payment.

(4) Where the pension available for payment is insufficient to enable payments to be made at the rates specified in sub-regulation (I), the pension available for payment shall be distributed as follows­

(a)� to the widow or widower, at the rate of three-quarters of the pension available for payment; and

(b)� to the children and the other beneficiaries, the remaining amount in proportion 10 their corresponding rates (one-fourth if an orphan or one half if an invalid,

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and one-founh to the other beneficiary or one half if wholly dependent), but no less than the corresponding minimum amounts specified in Regulation 40(3) of the National Insurance (Benefit) Regulations.

(5) When the pension of one of the survivors is terminated, the rate of pension for the remaining survivors shall be recalculated in accordance with this Regulation.

(6) In the case of a widow or widower whose benefit was payable under Regulation 18(a) or 18(b), a gratuity shall be payable on the tennination of the pension because of remarriage of an amoWlt equal to fifty-two times the weekly rate of pension to which she or he was then emitled.

PARTyt

FUNERAL GRANT

ZI. Entitlement to Funeral Grant: (1) A Funeral Grant shall be payable to a person who meets the cost of the funeral of an insured person whose death was due to personal injury caused by accident arising out of and in the course of his employment or was due to an occupational disease.

(2) Where­

(a) death occurred at sea and the deceased person was buried at sea;

(b) the person who has met the cost of the funeral of the deceased person cannot be fOlmd; or

(c) the cost of the funeral was less than the amoWlt of the Grant;

the grant, or as the case may be, the remainder thereof, shall be paid to such person or persons as the Director in his discretion may decide, and no action shall lie before any tribunal or court against the Director in respect of or in connection with the exercise of his discretion.

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(3) The amount of a Funeral Granl shall be $2,000.

PART VII

APPLICATION TO CERTAIN OCCUPATIONAL DISEASES

22. Application to Occupational rn.eases: Subject to the provisions of these Regulations, Employment Injury Benefit shall be payable to an insured person who is suffering from an occupational disease that results from the nature of his insurable employment and as a result of which he­

(a) is incapable of work;

(b) suffers a loss of physical or mental faculty such that the extent of the resulting disablement is not less than one per cent; or

(c) dies as a result of that disease.

23. Reference to a Single Medical Practitioner: All claimants for Employment Injury Benefits under Regulation 22 shall be referred by the Director to a single medical practitioner appointed by the Board and such medical practitioner shall state­

(a)� whether, in his opinion, the claimant is suffering from any of the prescribed occupational diseases and, if so, which;

(b)� whether the disease is due to the nature of the claimant's employment;

(c)� the date from which the Injury Benefit period should start; and

(tf)� an opinion concerning any question referred to him by the Director.

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National Insurance (Employment Injury SRo. 71998 Benefit) Regulations

PART VII

MISCELLANEOUS

24. Entitlement to More than One Benerlt: (I) Where a person is entitled to more than one benefit under the Act at the same lime, then, except as provided in Regulation I I, and in this regulation­

(a)� only one benefil shall be payable to such person and the benefit so payable shall be the benefit first awarded, unless the other benefit is payable at a higher rate in which case he shall be paid the benefit at such higher rate;

(b)� Regulation 45 of the National Insurance (Benefit) Regulations shall apply;

(2) Nothing in these Regulations shall preclude the full duplication of­

(a)� Injury Benefit with Age Benefit or Death Benefit;

(b)� Disablement Benefit with Sickness Benefit, Maternity Benefit. Survivors' Benefit. Death Benefit, or Age Benefit;

(c)� Death Benefit with Sickness Benefit, Maternity Benefit, Injury Benefit, Invalidity Benefit, Age Benefit, or Disablement Benefit.

(3) Any other benefit may be duplicated in full with a Funeral Grant.

(4) Where an insured person is eligible for both Disablement Benefit and Invalidity Benefit then he shall be paid the benefit that is more favourable to him,

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(5) There shall be no duplication of Sickness Benefit with an increase of Disablement Benefit on account of hospital treatment under Regulation 9.

(6) There shall be no duplication of a Funeral Granl paid under Regulation 21 with a Funeral Granl under Regulation 18 of the National Insurance (Benefit) Regulations.

25. Refund of Benefit Improperly Paid: (I) Where a person has received a sum by the way of benefit to which he is not entilled, he shall be liable to repay to the Board the sum so received by him.

(2) Where any person is liable to refund any surn received by him by way of benefil, that sum may be recovered. by the Board without prejudice to any other remedy, it is entilled to by means of deductions from any other benefit to which he thereafter becomes entilled.

(3) A sum that is not recovered by the Board under this Regulation shall be treated as an expenditure and charged to the relevant Fund.

26. Credited Contributions: (I) For every contribution week for the wbole of which an insured person received­

(a) . Sickness Benefit;

(b)� Malernity Benefit;

(c)� Injury BenefIt;

(Ii)� Disablement Benefit assessed at one hundred per cent;

(e)� Disablement Benefil increased for Constant Attendance;

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or a combination of any such benefits, a contribution week shall be credited to that person without actual payment but no contribution shall be credited to a person in respect of Disablement Benefit assessed at one hundred per cent if that person is not incapable of work as a result of the relevant loss of faculty.

(2) The provisions of sub-regulation (I) shall be applied in the case of an insured person who but for the application of Regulation 24(1) or 24(2) would have been entitled to receive a benefit listed in sul>­regulation (I) but where benefit was payable at different rates during the contribution week the credited contribution for that week shall be at the level of the weekly insurable earnings corresponding to or most closely corresponding to the higher or highest level of weekly insurable earnings on the basis of which benefit is payable.

27. Persons Absent Abroad: A person shall not be disqualified from receiving Employment Injury Benefit for any period during which he is absent from the State, but any benefit for which he is eligible shall be paid in the State to such representative acting. for or on his behalf as may be approved by the Director.

28. Persons Undergoing Imprisonment or Detention in Legal Custody: (I) Subject to sub-regulation (2) a person shall be disqualified from receiving any benefit for any period during which that person is undergoing imprisonment or detention in legal custody.

(2) Where the Board is satisfied that the person undergoing imprisomnent or detention has dependents who, immediately prior to such imprisomnent or detention were wholly or mainly maintained by him, it may authorize payment 10 or in respect of the dependents of an amount not exceeding one half of the benefit which would otherwise be payable during such period as the Board may allow having regard to the particular circumstances of the case.

29. Commencement: These Regulations shall come into operation on 1st day of March, 1998.

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FIRST SCHEDULE

Regulations 3, 8, 11 and 20

RATE OF BENEFITS

l. Average Weekly Insurable Earnings: In this Schedule tlte rates of benefits shall be hased on tlte average weekly insurahle earnings calculated as­

(I)� Where the insured person has been in the service of an employer­

(a)� throughout the continuous calendar period of thirteen completed contribution weeks immediately before the contribution week in which the accident occurred, the sum of the weekly insurable earnings on which contributions were based including any cootributions credited in accordance with Regulation 26 over that period, divided by thirteen;

(b)� throughout a continuous calendar period of less than thirteen completed contribution weeks immediately before the contribution week in which the accident occurred, the sum of the weekly insurable earnings on which contrihutions were based including any contributions credited in accordance with Regulation 26 over that period of completed contribution weeks, divided by the number of such weeks.

(2)� Where by reason of­

(a)� the shormess of time that the insured person has been employed;

(b)� the casual nature of the employment; or

(c)� the terms of the employment;

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1998 National1nsurance (Employment 1njury SRO 7 Benefit) Regulations

it is impractical to compute a rate of remuneration that would be representative of the average weekly insurable earnings of the insured person at the date of the accident, regard may be had to­

(i)� the average insurable earnings during the thineen contribution weeks before� the contribution week in which the accident occurred of a person of similar earning capacity, grade and occupation having a common employer; or

(ii)� if there is no such person as in sub-paragraph (i), a person of similar earning capacity, grade and class of employment.

(3) A period of service shall, for the purposes oftbis Schedule, be deemed to be continuous if a contract of service or apprenticeship, whether wriuen or orally expressed or implied, subsisted throughout that period.

2. Weekly Rate of Benetil: The weekly rate of benefit shall be a percentage of the average weekly insurable earnings calculated in accordance with this Schedule and that percentage shall be equal to the per cent set out in Table A for the corresponding type

of benefit.

TABLE A

PER CENT OF WEEKLY BENEFIT

Type of Benefit Per cent

(a) Injury Benefit 70 per cent

(b) Disablement Benefit assessed at 100% 70 per cent

(c)� Pension Available for Payment to survivors 70 per eent

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SRo. 7 National Insurance (Employment Injury 1998 Benefit) Regulations

SECOND SCHEDULE

Regulation 10

PRESCRIBED DEGREES OF DISABLEMENT

Per Cent Degree Description of Injury of Disablement

1.� Loss of both hands or amputation� at higher sites 100�

2.� Loss of hand and foot 100

3.� Double amputation through leg or� thigh or amputation through leg or� thigh on one side and loss of other� fOOl 100�

4.� Loss of sight to such extent as to render the claimant unable to

perform any work for which eyesight is essential 100

s.� Very severe facial disfigurement 100

6.� Absolute deafness 100

7.� Forequarter or hindquarter amputarion 100

Amputation Cases - Upper Limbs (either arm)

8.� Amputation through shoulder joint 90

9.� Loss of arm between elbow and shoulder 80

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10.� Loss of ann at elbow 70

Ii.� Loss of ann between wrist and elbow 70

12.� Loss of hand or of thumb and four fmgers of one hand 60

13.� Loss of thumb 30

14.� Loss of thumb and its metacarpal bone 40

15.� Loss of four fingers of one hand 50

16.� Loss of three fmgers of one hand 30

17.� Loss of two fmgers of one band 20

18.� Loss of tenninal phalanx of thumb 20

Per Cent Degree Description of Injury of Disablement

Amputation Cases - Lower Limbs

19.� Amputation of both feet resulting in end bearing stumps 90

20.� Amputation through both feet proximal to the metatarsi-phalangeal joint 80

21.� Loss of all toes of both feet through the metatarsi-phalangeal joint 40

22.� Loss of all toes of both feet proximal to inter­pbalangeal joint 20

23.� Amputation at hip 90

24.� Amputation between hip and knee 80

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25.� Amputation below knee 60

26.� Amputation of one foot resulting in end bearing stump 40

27.� Amputation through one foot proximal to the metatarsi-phalangeal joint 30

28.� Loss of all toes of one foot through the metatarsi-phalangeal joint 20

Other Injuries

29.� Loss of one eye. without complications the other eye being normal 40

30.� Loss of vision of one eye, without complications or disfigurement, the other eye being normal 30

Loss of Figures (either hand)

31. Loss of index finger ­

32. Loss of index finger ­

33. Loss of index finger ­

34. Loss of middle fmger -

Deseription or Injury

35. Loss of middle fmger ­

36. Loss of middle finger ­

three phalanges

two phalanges

one phalanx

three phalanges

two phalanges

14�

11�

9�

12�

Per Cent Degree� of Disablement�

9�

7�one phalanx

37.� Loss of ring or little finger - three phalanges 7

38.� Loss of ring or little fmger - two phalanges 6

._-_.. _-------­

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A43�

1998 National Insurance (Employment Injury SRo. 7 Benefit) Regulations

39.� Loss of ring or little finger - one phalanx 5

40.� Loss of ring or little fmger - with some loss of bone 3

(a)� Benefit are increased by ten per cent of the above percentages for injury to right arm or hand to a right-handed per.iOn or to left arm or hand to a left-handed per.iOu.

(b)� The degree of disablement of cases uot listed above shall be assessed on tbe basis of tbe general principles referred to iu Regulation 10 taking into account cases of similar effect specified in this Schedule.

Disease Or h\iury� Nature of Occupation COLUMN (1)� COLUMN (2) Poisoning by:� Any occupation involving

1.� Lead or a compound of lead. The use of handling of, or exposure to fumcs, dust or vapor of, lead, or a compound of lead or a substance containing lead.

2. Manganese or a compound� The use of handling of, or exposure of manganese.� to fumes, dust or vapor of,

manganese. or a compound of manganese or a substance containing manganese.

3.� Pbosphorus or phosphine or The use of handling of, or poisoning due to the anti­ exposure to fumes, dust or cholineasterase action of vapor of, phosphorus, or a organic phosphorous. compound of phospborus or a

subslance containing pbospborus.

4. Arsenic or a compound of The usc of bandling, of, or of Arsenic exposure 10 fumes, dust or vapor of,

arsenic, or a compound of arsenic or a substance containing arsenic.

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A44

SRo. 7 National Insurance (Employment Injury 1998 Benefit) Regulations

S.� Mercury or a compound� of mercury.�

6.� Chrome or a compound of� Chrome.�

Disease or Injury COLUMN (I) Poisoning by:

7.� Carbon bisulphide.

8.� Benzene or a homologue.

9.� A nitro - or - amino - or� chloroderivative of� benzene, or of a homologue� of benzene or of nitrocholor­�benzene.�

10.� Dinotrophenol or a homologue or by substituted dinitro-phenol or hy salt or such substance.

The use of handling of, or exposure to fumes, dust or vapor of, mercury, or compound of mercury or a substance containing mercury.

The use or handling of, or exposure to fwnes, dusl or vapor of, chrome, or� a compound of chrome or a substance containing chrome.

Nature of Occupation COLUMN (2) Any occupation involving

The use or handling of, or exposure to fumes, dust or vapor of, carbon bisulphide, or a compound of carbon bisulphide or a substance containing carbon bisulphidc.

The use or handling of, or exposure 10 the fumes of, or vapor containing benzene or any of its homologues.

The use or handling of, or exposure to the fumes of, or vapor containing a nitro - or amino - or chloroderivative of benzene or of nitrocholor­benzene.

The use or handling of, or exposure to the fumes of, or vapor containing dinotrophenol or a homologue or substituted dinitrophenol or the salts of such substances.

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A45

1998 National Insurance (Employment Injury SRO.7 Benefit) Regulations

II.� Tetrachlorethane or toxic halogen derivatives of hydrocarbons of the aliphatic

series.

12.� Tri-cresyl phosphate.

Disease or Injury COLUMN (I) Poisoning by:

13.� Tri-phenyl phosphate.

14.� Diethylene dioxide (dioxan).

IS.� Methyl bromide.

16.� Chlorinated naphthalene.

17.� Nickel carbonyl.

18.� Nitrous fumes.

The use or handling of, or exposure to the fumes of, or vapor containing tetrachlorethane or toxic halogen derivatives of hydrocarbons of the aliphatic series

The use or handling of, or exposure to the fumes of, or vapor containing rricresyl phosphate.

Nature of Occupation COLUMN (2) Any oceupation involving

The use of handling of, or exposure to the fumes of, or vapor containing lriphenil phosphate.

The use or handling of, or exposure to the fumes of, or vapor containing diethylene dioxide (dioxan).

The use or handling of, or exposure to the fumes of, or vapor containing methyl bromide.

The use or handling of, or exposure to the fumes of, or vapor containing chlorinated naphthalene.

Exposure to nickel carbonyl gas.

The USe or handling of nitric acid or exposure to nitrous fumes.

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A46

SRD. 7 National Insurance (Employment Injury 1998 Benefit) Regulations

19.� Gonioma Kammasic (African Box-wood).

20.� Anthrax.

Disease or Injury� COLUMN (I)� Poisoning by:�

21.� Glanders.

22. (a)� Infection by Leptospira Icterohaeorrhagiae.

(1)) Infected by Leptospira camicola.

23.� Ankylostomiasis.

24. (a)� Dystrophy of the cornea (including ulceration of the corneal surface of the eye.

The manipulation of Gonioma Kammasic or any process in or incidental� to the manufacture of articles therefrom.

The handling of wool, hair bristles, hides or sk:iru; or animal products or residues or contact with animals infected with anthrax or the loading or unloading or transport of merchandise lhat may have been contaminated by animals or animal carcasses infected with anthrax.

Nature of Occupalion COLUMN (2) Any occupation involving

Contact with equine animals or their carcasses.

Work in places that are, or are liable to be, infested by ralS.

Work at dog kennels or the care or handling of dogs.

Work in or aboul a mine.

The use or handling of, or exposure to arsenic, tar, pitch, bitumen. mineral oil (including paraffm), soot. anthracene or any compound product (including quinone or hydroquinone)

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A47

i998 NaNonalinsurance (Employment injury SRD. 7 Benefit) Regulations

(h)� Localised new grow!h of the skin, papillomatour or keratotic.

(e)� Squamous-celled carcinoma of the skin, due in any case to arsenic. tar, pitch, bitumen, mineral oil (including paraffm), soot, anthracene or any compound product (including quinone or hydrquinone) or residue of any of these substances.

Disease or Injury COLUMN(l)� Poisoning by:�

25.� Disease caused by ionising radiations.

26.� Heat cataract.

27.� Decompression sickness.

28.� Cramp of !he band or forearm due to repetitive movements.

29.� Subcutaneous cellulitis of the hand (Beat band).

Nature of Occupation COLUMN (2) Any occupation involving

Exposure to ionising radiations.

Frequent and prolonged exposure to rays from molten red-hot material.

Subjection to compressed air.

Prolonged periods of hand-writing, typing or other repetitive movements of the fmgers, hand or arm.

Manual labor causing severe or prolonged friction or pressure on !he band.

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A4R

SRo. 7 National Insurance (Employment Injury 1998 Benefit) Regulations

30.� Bursitis or subcutaneous cellulitis arising at or about

knee due 10 severe or prolonged external friction or pressure at or about the knee (Beat knee).

31.� Bursitis or subcutaneous cellulitis arising at or about the elbow due to severe or prolonged external friction or pressure at or about the elbow (Beat elbow).

32.� Traumatic inflammation of the tendons of the hand or or forearm, or Msociated tendon sheaths.

Disease or Injury COLUMN(l) Poisoning by:

33.� Miner's nystagmus.

34.� Poisoning by beryllium or a compound of beryllium.

35.� (a) Carcinoma of the mucous membranes of the nose or associated air sinuses.

Manual labor causing severe or prolonged external friction or pressure at or about the knee.

Manual labor earning severe or prolonged external friction or pressure at or about the elbow.

Manual labor, or frequently repeated movements of the hand or the wrist.

Nature of Occupation COLUMN (2) Any occupation involving

Work in or about mine.

The use or handling of, or exposure to the fumes, dust or vapor of, beryllium, or a compound of beryllium, or a substance containing beryllium.

Work in a factory where nickel is produced by decomposition of gaseous niekel compound that necessitates working in or about buildings where that process or any

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A49

i998 National insurance (Employment injury SRo. 7 Benefit) Regulations

(b) Primary carcinoma of a bronchus or a lung.

36. Tuberculosis.

Disease or Injury COLUMN (1) Poisoning by:

other industrial process ancillary or incidental thereto is carried on.

Close and frequent contact with a source of tuberculosis infection by reason of employment­

(a)� in medical treatment or nursing of a person or persons suffering from tuberculosis or in a service ancillary to such treatment or nursing;

(b)� in attendance upon a person or persons suffering from tuberculosis where the need for such attendance arises by reason of physical or mental infmnity;

Nature of Occupation COLUMN (2)� Any occupation involving�

(c)� as a research worker engaged in research in connection with tuberculosis, or

(d)� as a laboratory worker, pathologist dr person taking part in or assisting at post­mortem examination of human remains where the occupation involves working with material that is a source of tuberculosis infection.

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A50�

SRo. 7 National Insurance (Employment Injury 1998 Benefit) Regulations

37. Primary neoplasm of the epithelial lining of the urinaIy bladder (papilloma

of the bladder), or of the epithelial lining of the renal pelvis or the epithelial lining of lhe ureter~

(aJ Work in a building in which any of the following substances is produced for

commercial purposes: (i) alpha-naphlhylamine

or beta-naphthylamine;

(ii) diphenyl substituted by al least one nitro or primary amino group or by at least one nitro and primary amino group;

(iii) any of the substances mentioned in (ii) above if further ring substituted by halogeno, nythyl or methane groups but not other groups;

Disease or Injury COLUMN (1) Poisoning hy:

Nature of Occupation COLUMN (2) Any occupation involving

(iv) the sallS of any of the substances mentioned in (i) to (ii) above; or.

(v) auramine or magneta

(b) The use or handling of any of the substances mentioned in (a) (i) to (a) (iv) or work in a process in which any such substance is used or handled or is liberated.

. _-----­

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A51

National Insurance (Employment Injury SRo. :1998 Benefit) Regulations

38.� Poisoning by cadmium.

39.� Inflammation or ulceration the mucous membrance of the upper respiratory passages or mouth produced by dust, liquid or vapor or any disease caused by chrome or its toxic compound.

40.� Non-infective dermatitis of eXlernal origin (including chrome ulceration of the skin but excluding dermatitis due to ionising panicles or electromagnetic radiations other than radiant heal).

41.� Pneumoconiosis, silicosis, siderosilicosis, asbestosis or any of these conditions accompanied by tuberculosis.

(cJ The maintenance or cleaning or an~

planl or machinery used in any suel process as mentioned in (b), or th, cleaning of any clothing used in an, such building as mentioned in (a) i such clothing is cleaned within th, works of which the building forms , part or a laundry maintained an, used solely in connection with suc! work.

Exposure to cadmium fumes.

Exposure to dust, liquid or vapor, of or to chrome or its toxic compounds.

Exposure to dust, liquid, or vapor or any external agent capabl, of irritating the skin (including friction or heat but excluding ionising particles or electromagneti, radiation other than radiant heat).

Mining of any kind whatsoever, either underground or on the surface of the earth, and generally any work connected with mines, including asbestos mines quarrying, crushing or excavation 01 stone or rock of any kind whatsoever either underground or on the surface 0

the earth, and generally any wor] connected with quarries of any suel kind whatsoever or with machinery fo the crushing of stones or rocks of an: kind whatsoever including pebbles.

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A52

SRO 7 National Insurance (Employment Injury 1998 Benefit) Regulations

42. Primary malignat neoplasm of the mesothelium (diffuse mesothelioma) of the pleura

or of the peritoneum.

43. Infection by brucella.

(a)� Mining, working or handling of asbestos or any admixrnre of asbestos.

(b)� The manufacrnre or repair of asbestos textiles or other articles containing or composed of asbestos.

(c)� The cleaning of any machinery or plant used in any of the foregoing operations and of chambers, fixrures and appliances for the collection of asbestos dust.

(<I)� SubslantiaJ exposure 10 the dust arising from any of the foregoing operalions.

Contact with animals infected by brucella, their carcasses or parts thereof or their untreated products, or with laboratory specimens or vaccines of containing brucella, by reason of employment­

(a)� as a farm worker;

(b)� as a veterinary worker;

(c)� as a slaughter house worker;

(d)� as a laboratory worker; or

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A53�

National Insurance (Employment Injury SRO 7 1998 Benefit) Regulations

(e) in any other work relating to the care, treatment, examination or handling of such animals, carcasses or parts thereof, or products.

Made this 25th day of February, 1998.

LAURINA WALDRON Minister.

GRENADA

PRINTED BY THE GOVERNMENT PRINTER, AT TIlE WEST INDIAN� PUBLISHING CO.• ST. GEORGE'S�

\998.�

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A55

1998 National insurance (Collection of SRO.8 Contributions) (Amendment) Regulations

GRENADA

STATUTORY RULES AND ORDERS NO.8 OF 1998

REGULATIONS MADE BY TIlE MINISTER RESPONSIDLE FOR SOCrAL SECURITY UNDER THE AUTIlORITY OF SECTION 65 OF THE NATIONAL INSURANCE ACT, CAP. 205.

(Gazetted 24th April. 1998).

1. Short tille: These Regulalions may be ciled as the

NATIONAL INSURANCE (COLLECTION OF CONTRIBUTIONS) • (AMENDMENT) REGULATIONS, 1998,

and shall be read as one with the Na[ional Insurance (Colleclion of Cap. 205 Contributions) ReguIations hereinafter referred to as the "principal Regularions" .

2, Part 1 of the Schedule to the principal Regulations amended: Pan 1 of the Schedule to the principal Regulations is amended by deleting under the heading "Rares of Contributions" the words

"4% of employees' earnings up to a maximum of $577 SRO.711995. per week or $1152 per fonnight or $2,500 per month",

and substituting the words

"5 % of employees' earnings up to a maximum of $693 per week or $1,385 per fonnight or $3,000 per month".

3, Commencement: These Regulations shall come into force on tile 1st day of May, 1998.

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A56

1998SRO.8 National Insurance (Collection of Contributions) (Amendment) Regulations

Dated the 20th day of April, 1998.

LAURINA WALDRON, Minister.

GRENADA

PRL"ITED BY TIlE GOVERNMENTPRJNTER, AT TIlE WEST INDIAN� PUBUSHING CO.. ST GEORGE'S�

1998.�

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/998 Workmen's Compensation (Repeal) Act II

ARRANGEMENT OF SECTIONS

l. Short title

2. Repeal

3. Savings

4. Commencemellt

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199R Workmen 'j' Compensation (Repeal) Act 11 199

GRENADA

ACT NO. 11 OF 1998 t:":\ I assent, o

DANIEL CHARLES WILLIAMS 24th Ap"t, 1998. Governor-General.

An Act to repeal the Workmen's Compensation Act,� Cap. 343 and for matters connected therewith.�

[30th April, 1998].

Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Senate and House of Representatives of Grenada, and by the authority of the same as follows:

1. This Act may be cited as the Sbort title.

WQRKMEN'S COMPENSATION (REPEALl� ACT. 1998.�

2, Subject to this Act, the Workmen's Compensation Act Repeal.

is herehy repealed.

3. Notwithstanding section 2 of this Act- Savings.

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------------

200 Aclll Workmen's Compensation (Repeal) 1998

(a)� any person who was entitled to a right or benefit under the Workmen's Compensation Act immediately before the commencement of this Act, shall continue to be entitled to that right or benefit;

(b)� all liabilities and obligations imposed by the Workmen's Compensation Act on any person, body, or institution and existing immediately before the connnencement of this Act, shall continue to exist;

(c)� any action commenced under the Workmen's Compensation Act before the commencement of this Act shall continue until determined as if the Workmen's Compen'ation Act had not been repealed.

Comme=menl. 4. This Act shall be deemed to havc come into force on the 1st day of April, 1998.

Passed by the House of Representatives this 20th day of March, 1998.

ABEL NEWTON Clerk to the House of Representatives.

Passed by the Senate this 31st day of March, 1998.

ABEL NEWTON Clerk 10 the Senate.

GRENADA

PRINTED BY TIlE GOVERNMENT PRINTER, A<T TIlE WEST INDIAN PUBLlSIIIN(1 co.� ST. GEORGE'S�

1998.�

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--------------------

A 107

2006 National Insurance (Benefit) SRO.36 (Amendment) Regulations

GRENADA

STATUTQltY RULES AND ORDERS NO. 36 OF 2006

IN EXERClSBOF1llBPOWERS CONFERRED BV SI!CI10N 64 OFl1IENATIONAL INSURANCE Aer, CAP. 205. l1IE MiNISTER MAKES 11m RlILOWlNG REGULATIONS:

(Gazetted 8th December, 20(6).

1. Ci"'tion. These Regulations may be cited as the

NATIONAL INSURANCE IBENEFrn (AMENDMENT> REGULATIONS. 2006·

2. Definition. In these Regulations:

"principal Regulations" IIle.in the National Insurance (Benefit) Regulations of I!Il> Laws of Gren8da, Subsidiary Legislatiou. cap. 205, Revised Editiou, 1990:

3. Ametldment ofRegulation Ci ofprindpal RegulatioDS. Paragraph (a) of Regulation 6 of the principal Regulations is amended by deleting the word "or" where it appears immediately after the semi colon and substituting therefor, the word "and::

4. Amendment ofReguIalion8ofpriDc:ipoJ.lleeuIations.Regulatiou 8 of the principal Regulations is amended as follows:

(a) in sub-regulation (2) by deleting the words "divided by thirteen" where it appears and substituting therefor, the words "divided by the number of weeks worked in the period;"

(b) by deleting the full stop at the end of the proviso, substituting a colon and- inserting immediately thereafter the following proviso:

"Provided that an insured person bas already had a continuous period of incapacity of less than four days and the interval between the last day of that incapacity and the commencement of the further period of incapacity is no more than eight weeks, sickness

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SRO.36 NationallnsurOllce (Benefit) 2006 (Amendment) Regulations

benefits are payable from the first day. Sundays being disregarded. of the combined period of incapacity at a rate calculated in accordance with regulation 8 (2) if the combined period of incapacity is four days or more....

5. Amendment of Regulation 13 of principal Regulations. Paragraph (a) of SUb-regulation (I) of Regulation 13 of principal Regulations is amended by deleting the figure "$450.00" where they appear and substituting therefor the figure "$522.00.".

6. Amendment of Regulation 20 of principal Regulations. Regulation 20 of the principal Regulations is amended as follows:

(a) in paragraph (a) (i) by deleting the figure "$2000.00" and SUbstituting therefor the figUre ''$2320.00'';

(b) in paragraph (a) (ii) by deleting the figure "$1500.00" and substituting therefor the fJgUle "$1740.00";

(c) in paragraph (a) (iii) by deleting the figure "$750.00" and substituting therefor the figure ..$870.00....

7.Amendment ofRegulation 22 ofprincipal Regulations. The third proviSO to Regulation 22 of the principal Regulations is amended as follows:

(a) by deleting paragraph (a) and substituting the following­

"(a) that the annual rate of pension shall be increased.­

- 2 percent for all pensions first paid in calendar year, 2005;

- 4 percent for aU pensions f1l'8t paid in calendar year, 2004;

-� 6 percent for all pensions fIrst paid in calendar year, 2003;

---_.--­

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A109�

2006 National Insurance (Benefit) SRO.36 (Amendment) Regulations

- 8 percent for all pensions lint paid in colen<lar yoar.2002;

- 10 percent for all pensions fIrSt paid in calendar year. 2001;

- 12 percent for all pensions fIrSt paid in calendar year. 2000;

- 14 percent for all pensions f"IrSt paid in colendar year. 1999;

- 16 percent for all pensions first paid before calendar year. 1999;

(b)� in paragraph (b) by deletiog the figure "$40.00" and substituting therefor the figure ..$46.40....

8. AlIIeIldment of Jlegulatlon 25 of principal Regulations. Regulation 2S of the prinCipal Regulations is hereby repealed and replaced by the following:

"25. Average annual insurable earnings. For persons awarded a pCnsidn for the fIrSt time ­

(a) in the year 2007. such pension shal1 be calculated based on the sum of the weekly insurable eiu-nings during the best four contribution years of the insured person, divided by fOlir;

(b) from January 01. 2008, such pension shall be calculated based on the sum of the weekly insurable earnings during the best five contribution years of the insured pension, divided by five.

(I) Provided that fOI paragraphs (a) and (b) of this regulation thirty times the Provident Fund Contribution shall be deemed to be theinsurllll1e earnings of the period to which such contribution relate and a monthly contribution shall be deemed to be equal to,a contributiQn<lffour weeks.".

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A110�

SRO.36 National Insurance (Benefit) 2006 (Amendment) Regulations

9. AlilendDIlintof-Regulation 300fprincipal Regulations. The third� proviso of Regulation 30 of the principal Regulations is hereby repealed� and replaced by the following:�

"Provided further­

(a) that the annual rate of pension shall be increased,

- 2 percent for all pensions first paid in calendar year, 2005;

- 4 percent for all pensions fIrst paid in calendar year, 2004;

-6percent for all pensions FIrSt paid in calendar year, 2003;

- 8 percent for all pensions FIrSt paid in calendar year, 2002;

- 10percent for all pensions flTSt paid in calendar year, 200 I;

- 12pen:entfor all pensions FlrSlpaid in calendar year, 2000;

- 14 percent for all pensions fIrSt paid in calendaryear. 1999;

- 16 percent for all pensions fIrst paid before calendar year, 1999;

(b) that the minimum pension shall be $46.40 per week....

10. Amendment of Regulation 33 of principal Regulations. Regulation 33 of the principal Regulations is amended­

<a)� by deleting the full stop at the end of paragraph (d), substituting a colon and adding immediately thereafter the following proviso: ­

" Provided further­

(a) that the annual rate of pension shall be increased,

- 2 percent for all pensions flfst paid in calendar year, 2005;

--_._------._--._-----­

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A111�

2006 National Insurance (Benefit) SRO.36 (Amendment) Regulations

- 4 percent for all pensions first paid in calendar year, 2004;

- 6 percent for all pensions first paid in calendar year, 2003;

- 8 percent for all pensions first paid in ealendar year, 2002;

- 10 percent for all pensions first paid in calendar year, 200 I;

- i2 percent for all pensions fust paid in calendar year, 2000;

14 percent for all pensions fiTst paid in calendar year. 1999;

16 percent for all pensions first paid before calendar year, 1999;

(b) that the minimum pension shall be $46.40 per week.".

11. Amendment of Regulation 34 of principal Regulations. Regulation 34 of the prineipal Regulations is hereby repeaied and replaced as follows­

"34. Average Annuai insurable earnings. For person awarded a pension for the first time­

(al in the year 2007, such pension shall be calculated based on the sum of the weekly insurable earnings during the best four contribution years of the insured person divided by four;

(b1 from January i, 2008, such pension shall be calculated based on the sum of the weekly insurable earnings during the best five contribution years of the insured person divided by five.

(i) Provided that for paragraphs (a) and (bl of this regulation thirty times the Provident Fund Contribution shall be deemed to be the insurabie earnings of the period to which such contribution relate and a monthly contribution shall be deemed to be equal to a contribution offour weeks.".

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All2�

SRO.36 National Insurance (Benefit) 2006 (Amendment) Regulations

12. Amendment of Regulation 36 of principal Regulations. Sub­regulation (1) of Regulation 36 is hereby repealed and replaced as follows ­

"Subject to the provisions of these Regulations, survivors' benefit shall be payable to the widow or widower as the case may be, children of a deceased insured person and dependent parents if, at the time of his or her death, such insured person-".

13. Amendment of Regulation 38 of principal Regulation•• Regulation 38 ofthe principal Regulations is hereby repealed and replaced as follows­

"38. Entitlement of widower to survivors' pension and duration thereof. (I) A widower who at the date ofthe death of his wife was fifty years of age or older and had been married to her for not less than three years shall be entitled to survivors' pension for life.

(2) A widower who at the date of the death of his wife was married to her for not less than three years and was at the date of her death an invalid shall be entitled to a survivors' pension for the period during which such invalidity continues.

(3) A widower who at the date ofthe death of his wife was not fifty years ofage or over or was notan invalid or being fifty years ofage or over had been married to her for less than three years. shall be entitled to asurvivors' pension for aperiod of one year.

(4) Where a pension payable to a widower pursuant to sub regulation (2) ceases otherwise than because ofremarriage or cohabitation, ifhe is then over the age offifty years, he shall be entitled to a survivors' pension for life.

(5) A survivors' pension payable to a widower shall cease on his remarriage or cohabitation with a woman as her husband.".

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AlB

2006 National Insurance (Benefit) SRO.36 (Amendment) Regulations

14. Amendment of Regulation 39 of principal Regulations. Regulation 39 of the principal Regulations is amended as follows:

(a) in the marginaJ note by adding immediately after the word "children", the words "and parents"; and

(b) by inserting immediately� after sub-regulation (2) the following new sub-regulations -"

"(2A) Subject to sub-regulation (2B) a survivors' pension sball be payable in respect of a parent of a deceased insured person who was wholly or mainly maintained by the deceased insured person only where the spollse and children of the deceased have not exhausted the maximum pension available.

(2B) A survivors' pension payable to a parent sball cease on his or her remarriage or cohabitation.".

15. Amendment of Regulation 40 of principal Regulations. Regulation 40 of the principal Regulations is amended by ­

(a) deleting� the full stop immediately after the word "survivors," substituting a colon; and

(b) inserting immediately thereafter the colon as substituted, the following proviso ­

"Provided further that the minimum survivors' pension payable to a spouse shall be the same as that for age and invalidity pensioners.";

(c) in sub-regulation (3) by deleting the full stop where it appears, substituting a colon and inserting thereafter the following proviso ­

"Provided further that the annual rate of pension in sub­regulation (ii) shall be increased ­

- 2 percent for all pensions first paid in ealendar year, 2005;

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A114�

SRO.36 National Insurance (Benefit) 2006 (Amendment) Regulations

- 4 percent for all pensions first paid in calendar year, 2004;

- 6 percent for all pensions first paid in calendar year, 2003;

- 8 percent for all pensions flrst paid in calendar year, 2002;

- 10 percent for all pensions first paid in calendar year, 2001;

- 12 percent for all pensions first paid in calendar year, 2000;

- 14 percent for all pensions first paid in calendar year, 1999;

- 16 percent for all pensions first paid before calendar year, 1999;

(d) in sub-regulation (3)

(i)� by deleting the figure "$8.50" and substituting therefor the figure "$9.90"; and

(ii)� by deleting the figure "$17.00" and substituting the figure "$19.70."

(e) by inserting� immediately after sub-regulation (3) the following new sub-regulations­

"(3A) The minimum pension payable to a spouse shall be $46.40 per week.

(38) Survivors' pensinn shall be payable in respect of a parent who was wholly or mainly maintained by the deceased at the time of death at the rate of one fourth ofthe maximum pension available to survivors." .

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2006 National Insurance (Benefit) SRO.36 (Amendment) Regulations

16. Amendment of section 45 of principal Regnlations. Regulation 45 of the principal Regulations is amended by adding immediately after paragraph (e), the following­

"(ea)� a person entitled to an age pension and a survivors' pension shall receive the full age pension in addition to 50 percent of the survivors' pension".

17. Amendment of Regulation S3 of principal Regulations. Regulation 53 of the principal Regulations is amended ­

(aJ� by inserting after the regulation designation "53" the sub­regulation designation "(Ir', and

(b) by inserting immediately thereafter the following new sub-, regulation ­

"(2) No age pension payment otherwise authorized in these Regulations, shall be made with respect to a period of time that is earlier than fi ve years prior to the calendar month in which a claim for payment was presented to the National Ins~rance Scheme.".

18. Commencement. (I) Save and except fqr benefits relating to pension increase, these Regulations shall come into effect on the 1st day of January, 2007.

(2) The benefits relating to pension increase shall be deemed to have come into effect on the 1st day of January. 2006.

Dated the 1st day of December, 2006.

ANN DAVID-ANTOINE Minister responsible for Social Security.

GRENADA

PRINTED BY THE GOVERNMENT PRINTER, AT THE GOVERNMENT� PRINTING OFFICE. ST. GEORGE'S�

2006�

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A117�

2006 National Insurance (Collection of SRO.37 Contributions) (Amendment) Regulations

GRENADA

STATUTORY RULES AND ORDERS NO. 37 OF 2006

IN EXERClSEoFTHEPOWERS CONFERRED BY SECTION 64 OF THENAnONAL INSURANCE ACT, CAP. 205, THE MINISTER MAKES THE FOLLOWING REGULATIoNS­

(Gazetted 8th December, 2006).

1. Citation. These Regulations may be cited as the

NATIONAL INSURANCE (COLLECTION OF CONTRIBUTIONS) (AMENDMENT) REGULAnONS. 2006.

2. Definition. In these Regulations­

"principal Regulations" mean the National Insurance (Collection of Contrihutions) Regulations of the Laws of Grenada. Subsidiary Legislation, Cap. 205; Revised Edition 1990.

3. Amendment of Regulation 4 of principal Regulations. Sub­regulation (I) ofRegulation4 of the principal Regulations is repealed and replaced as follows ­

"4---(1) Rates of Contributions. In respecl of each weekly or monthly period beginning on or after the Appointed Day, for which employees receive earnings. the employer shall pay for such weekly or monthly period a contribution set out in Part I of the Schedule hereto in relation to the wages or earnings paid to the employee during or immediately after the end of that period:".

4. Amendment of Regulation 4 of principal Regulations. Sub­regulation (I) (b) ofRegulation 4 of the prineipal Regulations is repealed and replaced by the following:

"(b)� if the earnings of an employee are paid on a time basis other than weekly or monthly, they shall be converted to such basis by simple proportion. or in such other way as the Director may determine,".

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SRO. 37 National Insurance (Collection of 2006 Contributions) (Amendment) Regulations

5. Amendment of Schedules to principal Regulations. (I) Part II of the Schedule to the principal Regulations is amended.

(a) by deleting� the word "Nil" wherever it appears and substituting therefore the amount of "I percent;"

(b) by deleting the figures and words "$1385.00 per fortnight" where they appear under the heading "Rates of Contributions....

6. Commencement. These Regulations shall come into effect on the 1st day oflanuary, 2007.

Dated the 1st day of December, 2006.

ANN DAVID-ANTOINE Minister responsible for Social Security.

GRENADA

PRINTED BY TIlE GOVERNMENT PRINTER, AT TIlE GOVERNMENT� PRINTING OFFICE, ST. GEORGE'S�

2006.�

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2006 National Insurance (Voluntary SRO. 38

Contributions) (Amendment) Regulations

GRENADA

STATUTORY RULES AND ORDERS NO. 38 OF 2006

IN EXERCISE OF THE POWERS CONFERREDBYSECTION 64 OFTHE NATIONAL INSURANCE ACT. CAP. 205 THE MINISTER MAKES THE FOLLOWING REGULATIONS­

(Gazetted 8th December. 2006).

1. Citation. These regulations may be cited as the

NATIONAL INSURANCE (VOLUNTARY CONTRIBUTIONS) (AMENDMENT) REGULATIONS. 2006.

2. Amendment of Regulations S. Sub-regulation (2) of Regulation 5 of the National Insurance (Voluntary Contributions) Regulations, Cap. 205 is repealed and replaeed as follows:

"(2)� A voluntary contributor shall not be required to pay contribution on earnings in excess of the rates stated for monthly or weekly paid employees in Part II of the Schedule to the National ]nsurance (Collection of Contributions) Regulations. Cap. 205,".

3. Commencement. These Regulations shall come into effect on the 1st day of January. 2007.

Dated the 1st day of December, 2006.

ANN DAVID-ANTOINE Minister responsible for Social Security.

GRENADA

PRINTED BY THE GOVERNMENT PRlNTER, AT THE GOVERNMENT PRINTING OFFICE. ST. GEORGE'S

2006

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2006 National Insurance (Financial and SRO.39 Accounting) (Amendment) Regulations

GRENADA

STATlITORY RULES AND ORDERS NO. 39 OF 2006

IN EXERCISEOFTHEPOWERS CONFERRED BY SECTION 64 OFTIlENATIONAL

INSURANCE Acr CAP. 205. TIlE MINISTER MAKES THE FOLLOWING

REGULATIONS­

(Gazelled Slh December, 2006).

1. Citation. These Regulations may be ciled as Ihe

NATIONAL INSURANCE (FINANCIAL AND ACCOUNTING) (AMENDMENT) REGULATIONS, 2006.

2. Amendment of Regulations 15. Sub-regulalion 4 of 15 of Ihe National Insurance (Financial and Accounting) Regulations, Cap. 205 is amended by deleting the words "not exceeding Five Million Dollars" where they appear.

3. Commencement. These Regulations shall come into effect on the lsI day of January, 2007.

Dated the 1'1 day of December, 2006.

ANN DAVID-ANTOINE Minister responsible for Social Security.

GRENADA

PRINTED BY THE GOVERNMENT PRINTER, AT THE GOVERNMENT PRINTING OFFICE. ST. GEORGE'S

2006.

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A123

2006 Nationallr.surance (Self Employed Persons) SRO. 40 (Amendment) Regulations

GRENADA

STATUTORY RIJLES AND ORDERS NO. 40 OF 2006

IN EXERCISE OF THE FOWERSCONFERREDBY SECTION 640FTHENATIONAL INSURANCE Aer. CAP. 205. THE MINISTER MAKES TIlE FOLLOWING REGULATIONS­

(Gazetted 8th December. 2006).

1. Citation. These Regulations may be cited as the

NATIONAL INSURANCE (SELF EMPLOYED PERSONS) (AMENDMENT) REGULATIONS. 2006.

2. Definition. In these Regulations

''principal Regulations" mean the National Insurance (Self Employed Persons) Regulations of the Laws of Grenada. subsidiary legislation. Cap. 205. Revised Edition. 1990.

3. Amendment of Regulation 5 ofprincipal Regulations: Regulation 5 of the principal Regulations is repealed and replaced as foDows­

"5. Subject to these Regulations every self employed person. who is­

(a) between the ages of sixteen and sixty;

(b) ordinarily resident in Grenada; and

(c) not in the employment of any other person but is gainfully occupied in employment in Grenada;

shall be insured under the National Insurance Act in respecl of the several contingencies in relation to which benefits are provided under section 39....

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SRO.40 National Insurance (Self Employed Persons) 2006 (Amendment) Regulations

4. Amendment of Regulation 6 of principal Regulations. Regulation 6 of the principal Regulations is amended­

(al� in sub-regulation (l) by deleting the phrase "on admission to the Scheme" where it appears and substituting therefor the words "as a self employed person";

(b)� in sub-regulation (2) by deleling the amounl of "6.75 percent" and substituting therefor the amount "9 percent";

(cl� by deleting sub-regulation (3) and substituting the following:

"(3) A self-employed person shall not be required to pay contribution on earnings in excess of the rail's stared for monthly and weekly paid employees in Part II of the Schedule of the National Insurance (Collection of Contribution) Regulations, Cap. 205.".

5. Commencement. These Regulations shall come into effect on the 1st day ofl.nnary, 2007.

Dated the 1st day of December, 2006.

ANN DAVID-ANTOINE Minister responsible for Social Security.

GRENADA�

PRINTED BY THE GOVERNMENT PRINTER, AT THE GOVERNMENT� PRINTING OFFICE, ST. GEORGE'S�

2006.�

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A125�

2006 National Insurance (Employment Injury SRO.41 Benefit) (Amendment) Regulations

GRENADA

STATUTORY RULES AND ORDERS NO. 41 OF 2006

IN� EXERCISE OF TIlE POWERS CONFERRED BY SECTION 64 OF THE NATIONAL INSURANCE ACT, CAP. 205, THE MINISTER MAKES THE FOLLOWING REGULATIONS­

(GazeIted Sib December, 2006).

1, Citation. These Regulations may be cited as Ibe

NATIONAL INSURANCE (EMPLOYMENT INJURY BENEFIT) (AMENDMENT) REGULATIONS, 2006.

2. Definition. In Ibese Regulations:

"principal Regulations" mean the National Insurance (Employment Injury Benefit) Regulations, Cap. 205.

3. Amendment ofRegulation 2ofprincipal Regulations. Regulation 2 of Ibe principal Regulations is amended by repealing Ibe definition of "insured person" and substituting the following definition­

""insured person" means aperson insured under section 24 of the Act save and except that for Ibe purpose of Ibese Regulations an insured person shall ioclude an employed person under sixteen years and sixty years and above;",

4. Amendment ofRegulation 8 ofprincipal Regulations. Regulation S of the principal Regulations is amended as follows­

(a)� by inserting after Regulation designation "s" Ibe sub­regulation designation "(1)";

(b)� by deleting the full stop after the word "schedule" and substituting a colon; and

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SRO. 4i National insurance (Employment injury 2006 Benefit) (Amendment) Regulations, 2006

(c)� by inserting immediately after the colon as substituted, the following proviso­

"Provided that the annual rate shall be increased­

2 percent for all pensions first paid in calendar year, 2005;

- 4 percent for all pensions first paid in calendar year, 2004;

6 percent for all pensions first paid in calendar year, 2003;

8 percent for all pensions first paid in calendar year, 2002;

10 percent for all pensions first paid in calendar year, 2001;

12 percent for all pensions first paid in calendar year, 2000;

14 percent for all pensions first paid in calendar year, 1999;

16 percent for all pensions first paid before calendar year, 1999;

(d)� by inserting immediately after suh-regulation (1), the following sub~regulatjon-

"(I A) The minimum pension payable shall be $46.40 per week.",

5. Amendment of Regulation 18 of principal Regulations. Sub­regulation (1) (c) ofRegulation 18 ofthe principal Regulations is repealed and replaced as follows:

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2006 National Insurance (Employment Injury SRO. 41 Benefit) (Amendment) Regulations

.. (c) to unmarried children, including adopted children, step children, and children of the deceased horn out of wedlock who at the date of death of the deceased are under the age of sixteen years and were living with or were wholly maintained by the deceased, until the child attains his or her sixteenth birthday or his or her eighteenth birthday in the case of a child still attending school or in the case of an invalid child; for the period during which the invalidity continues; and".

6. Amendment nf Regulatinns 20 of principal Regulations. Regulation 20 of the principal Regulations is amended­

(a) in subsection (1) by deleting the full stop where it appears after the word "paymenr" in paragraph (c) and substituting therefor a colon and adding immediately thereafter the colon the following proviso-­

"Provided further (a) that the annual rate of pension shall be increased­

- 2 percent for aU pensions first paid in calendar year, 2005;

- 4 percent for all pensions first paid in calendar year, 2004;

- 6 percentfor all pensions first paid in calendar year, 2003;

- 8percent for all pensions first paid in calendar year, 2002;

- 10 percent for all pensions first paid in calendar year, 2001;

- 12 percent for all pensions fITst paid in calendar year, 2000;

- 14 percent for all pensions first paid in calendar year, 1999;

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SRO.4I National Insurance (Employment Injury 2006 Benefit) (Amendment) Regulations

- 16� percent fOT an pensions first paid before calendar year, 1999;

(b)� that the minimum pension payable to a spouse shall be $46.40 per week;

(c)� that the minimum pension payable to a child shall be­

(i)� $9.90 per week or

(ii)� $19.70 per week if the child is an orphan or an invalid.".

7. Commencement. (1) Save and except for benefits relating to pension increase, tbese Regulations shall come into effect on the 1st day of January, 2007.

(2) The benefits relating to pension increase shall be deemed to have corne into effect on the 1st day of January, 2006.

Dated the Ist day of December, 2006.

ANN DAVID-ANTOINE Minister responsible for Social Security.

GRENADA

PRINTED BY TIlE GOVERNMENT PRINTER. AT TIlE GOVERNMENT� PRINTING OFFICE. ST. GEORGE'S�

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2006 National Insurance (Claims and SRO.42

Payments) (Amendment), Regulations

GRENADA

STATUTORY RULES AND ORDERS NO. 42 OF 2006

IN EXERCISEOPTIlEPOWERS CONPERRED BY SECTION 640FTIlENATIONAL INSURANCE ACT, CAP. 205, TIIE MINISTER MAKES THE FOLWWlNG REGULATIONS­

(Gazetted 8th December, 2(06).

1. Citation. These Regulations may be cited as the

NATIONAL INSURANCE [CLAIMS AND FAYMENTS) (AMENDMENT) REGULATIONS. 2006.

2. Amendment of Regulation 11. Regulation II of the National Insurance (Claims and Payments) Regulations, Cap. 205, is amended­

(a) in sub-regulation (3) (h) (i) by deleting immediately after the word "invalidity". the following" ,age";

(h) in sub-regulation (3) (b) by inserting immediately after the number U(ii)" the following-

u(iii) No sum shall be paid by way of age pension in respect of any period more than five years before the dale on which the claim thereof is duly made....

3. Commencement. These Regulations shall come into effect on the 1st day of January, 200?

Dated the I st day of December, 2006.

ANN DAVID-ANTOINE Minister responsible for Social Security.

GRENADA

PRINTED BY THE GOVERNMENT PRINTER, AT TIlE GOVERNMENT� PRINTING OPPICE, ST GEORGE'S�

2006.�

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A19

2007 National Insurance (Benefit) SRO.8 (Amendment) Regulations

GRENADA

STATUTORY RULES AND ORDERS NO.8 OF 2007

IN EXERCISE OF THE POWERS CONFERRED BY SECTION 64 OF THE

NATIONAL INSURANCE ACT, CAP. 205, THE MINISTER MAKES THE FOLLOW ENG REGULATIONS-·­

(Gazetted 18d, May, 2007).

l. Citation. These Regulations may be cited as lbe

NATlQNAL INSURANCE (llENEFIT) (AMENDMENT) REGULATIOt'lS.2007,

2. Repeal of Regulation 50 of National Insurance (Benelit) Regulations, Cap 20S. Regulation 50 of the National ]nsurance (Benefit) Regulations, Cap 205 of the Subsidiary Legislation of Grenada (Revised Edition) 1990 is hereby repealed.

Made by the Minister this 4th day 01 May. 2007

ANN DAVIDANTOINE Minister responsible for Health.

GRENADA

PRINTED BY THE GOVERNMENT PRINTER, AT THE GOVEkNMENT 1'.RINTlfl.'G {lFFIC'F:. ST. CEORGE'S

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