National Insurance Scheme Grenada Law Book Amendments

122 Pages·2008·3.12 MB·English

REGULATI~

NATIONAL INSURANCE
Containing(cid:1) - ._-
I
(i) The National Insurance (Benefit) Regulations (Cap. 205)
(ii) The National Insurance (Amendment) (Act No. 33 of 1994) (cid:1)
(iil) The National Insurance (Benefit) (Amendment) Regulations(cid:1)
(s. R." O. No. 33 of 1994)
(iv) The National Insurance (Benefit) (Amendment) Regulations
(S. R. & O. No.6 of 1995)
(v) (cid:2) The National Insurance (Collection of Contributions) (Amendment)
Regulacions (S. R." O. No.7 of 1995)
(vi) (cid:2) The National Insurance (Collection of Contributions) (Amendment)
Regulations (S. R. & O. No. 54 of 1997) a
d
(vii) The National Insurance (Benetlt) (Amendment) Regulations
a
(S. R. "(cid:1) o. No. 55 of 1997) n
e
(viii) The National Insurance (Financial and Accountingr) Regulations
G
(S. R." O. No. 56 of 1997)

e
(ix) The National Insurance (Miscellaneous Amenmdments) Regulations
(S. R. & o. No. 59 of 1997) e
h
(x) The National Insurance (Employment Icnjury Benefit) Regulations
S
(S. R." O. No.7 of 1998)
e
(xi) The National Insurance (Collecticon ofContribucions) (Amendmenc)
n
Regulations (S. R. & O. No.a8 of 1998)
(xii) The Workmen's Compensautrion (Repeal) (Act No. II of 1998)
s
(xiii) The Nacional Insurancen (Benefit) (Amendment) Regulations
(s. R." o. No. 36 o If2006)
al
(xix) The National Insnurance (Collection ofContribmions) (Amendment)
Regulationst i(So. R. & O. No. 37 of2006)
(xx) The Nationaal Insurance (Voluncary Contributions) (Amendment)
N
Regulations (S. R. & O. No. 38 of 2006)
(xxi) The National Insurance (Financial and Accounting) (Amendment)
Regulations (S. R. & o. No. 39 of2006)
(xxii) (cid:2) The National Insurance (SelfEmployed Persons) (Amendment)
Regulations (S. R. ,,0. No. 40 of2006)
(xxiii) (cid:1) The National Insurance (Employment Injury Benefit) (Amendment)
Regulations (S. R. & O. No. 41 of2006)
(xxiv) (cid:2) The National Insurance (Claims and Payments) (Amendment)
Regulations (S. R. & o. No. 42 of2006)
(xxv) (cid:2) The National Insurance (Benefit) (Amendment)
Regulations (S. R. "0. No.8 of2007)
National Insurance CAP. 205 (cid:1)
[Subsidiary J
CHAPTER 205
NATIONAL INSURANCE
National Insurance (Benefit) Regulations
National Insurance (Claims and Payments) Regulations
a
d
National Insurance (Collection of Contributions) Regulations
a
n
National Insurance (Contributions) Regulations e
r
G
National Insurance (Determination of Claims aen d Questions) Regulations
m
National Insurance (Persons Abroad) Regeulations
h
c
National Insurance (Registration of EmpSloyers and Employees) Regulations

e
National Insurance (Self-Employedc Persons) Regulations
n
a
National Insurance (Voluntary rContributions) Regulations
u
s
n
I

al
n
o
ti
a
N
CAP. 205 National Insurance
[Subsidiary ]
NATIONAL INSURANCE (BENEFIT)
REGULATIONS
(Section 64)
S.R.O. [4th April, 1983]
6/1983
23/1985
15/1986
16/1988
Tille 1. These Regulations may be cited as the
NATIONAL INSURANCE (BENEFIT) REGULATIONS,
Interpretation 2. For the (cid:1) purposes of these Regulations, the expression
a
"Act" means the National Insudrance Act;
a
n
"Appointed Day" means the eday appointed by the Minister
r
pursuant to section G2 of the Act on the appointed

day for the purpoeses of Part V of the Act;
m
"benefit" means aney benefit payable under the Act;
h
c
"claimant" meaSns a person claiming benefit and includes

in relatieon to the review of an award or decision,
c
a benneficiary under the award or affected by the
a
decrision;
u
s
"Colnlection Regulations" means the National Insurance
I
al (Collection of Contributions) Regulations;
n
o"confinement" means labour resulting in the issue of a
ati living child or labour after twenty-eight weeks of
N
pregnancy resulting in the issue of a child whether
alive or dead;
"contribution means insurance contribution;
I.
"contribution year" has the meaning assigned to it by
the Collection Regulations;
..day" means a period of twenty-four hours from mid
night 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;
2
National Insurance CAP. 205
[Subsidiary I
"Director" means the Director, appointed pursuant to sec
tion 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
a
of the Act; d
a
n
"invalid" has the meaning ascribed to it in reguleation 21
r
of these Regulations; G

.. medical examination" includes, wheree necessary,
m
bacteriological and radiological teests and similar
h
investigations and references tco being medically
S
examined shall be construed accordingly;
e
c
"medical practitioner" means a nregistered medical practi
a
tioner and includes a perrson practising m~dicine out
u
side Grenada, who nsot being a registered medical
n
practitioner, is qu aIlified to practise medicine and is
al
not prohibited from so doing under the law of the
n
place where ohe practises;
ti
a
"pension" meanNs 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
3
CAP. 20~ National Insurance
[Subsidial'J']
shall be treated as incapable of work for any day during which
he is required to abstain from work because he is under obser
vation 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 disable
ment arising out of and in the course of employment.
Day from 4. (I) An insured person who is eligible foar sickness benefit
'ol.hl!:h benefll d
is 10 com shall be entitled to receive the said benefait from the first day
mence: no of any continuous period of incapacityn for work:
enlitlemenl e
afl/:r age 60 Provided that for the purpose of Gcromputing the number of
S.R.O.
16/1988 days of any continuous period Seu ndays shaJJ be disregarded.
m
(2) No insured person shalel be entitled to sickness benefit
h
on or after attaining the cage of sixty years.
S

e
Manner of 5. A claim for sickncess benefit shall be made in the prescribed
clalmmg and n
suppor1 of manner and shall abe supported by a certificate of a medical
r
claim practitioner or uby such other evidence as the Director may
s
require for tnhe purpose of establishing the insured person's
I
incapacitya l for work:
n
Provided that the Director may, for such purpose require
o
the ctilaimant to attend for and submit himself to examination
a
byN one or more registered medical practitioners appointed by
the Board.
Cnnduions 6. Sickness benefit shall be payable only if the insured
whIch must
person
be satisfied
(a)(cid:1) 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) (cid:1) had been insured for not less than thirteen contribution
weeks; and
4
National Insurance (cid:1) CAP. 205
[Subsidiary ]
(c)(cid:1) had been employed in such employment during at least
eight contribution weeks in the period of thineen contri
bution 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 Duration
Sundays). as long as incapacity for work continues, subject
to a maximum of twenty-six weeks in any continuous period
of incapacity for work:
a
Provided that where the insured person concerned dwas
a
engaged in employment (pursuant to section 24 of thne Act)
e
during at least one hundred and fifty contribution weeks and
r
G
in the last tbree complete contribution years immediately prior

e
to commencement of incapacity has had sevenmty-five contri
butions paid or credited, sickness benefit maey be paid for a
h
funher twenty-six weeks in any continuous pceriod of incapacity.
S

e
c
8. (1) The daily rate of sickness bennefit shall be sixty percent Rate of
a benefit
of the average weekly insurable earrnings of the insured person
u
divided by six. s
n
I

(2) Average weekly insaulrable earnings for tbe purpose of
n
this regulation shall meoan tbe sum of tbe weekly insurable
earnings on which actointributions were based including any
N
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.
5
CAP. ZOS (cid:1) National insurance
[SubsidiaryJ
Disquali 9. (l) An insured person entitled to payment of sickness
fication benefit shall be disqualified from receiving benefit for such
period as the Director may decide, but not exceeding six weeks
if
(a) (cid:1) the claimant has become incapable of work through his
own misconduct; or
(b) (cid:1) 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) (cid:1) the claimant fails, without good causae, to observe any
d
of the following rules of behaviour, narnely
a
n
(i) (cid:1) to refrain from behavioure calculated to retlrd his
r
recovery or to answerG any reasonable enquiries

by an officer of the eBoard directed to ascertaining
m
whether he is doing so; ,
e
h
(ii) (cid:1) not to be absecnt from his place of residence without
leaving worSd where he may be found; or

e
(iii) (cid:1) to do nco work for which wages is or would
n
ordinarily be payable.
a
r
u
(2) An insured person entitled to payment of sickness benefit
s
n
shall be disqualified from receiving benefit for the full period
I

during walhich he was in receipt of normal earnings from his
n
emplooyer in respect of absence due to illness.
ti
a
N
MATERNlTY BENEFIT
Entulement 10. Subject to the provisions of these Regulations, maternity
benefit shall be granted in the case of the pregnancy and con
finement of a woman who is an insured person.
Condlllons II. Maternity benefit shall be payable only if the woman
which mUSI
be s,ausned had been insured for not less than thirty contribution weeks
and had been engaged in employment as an employee pursuant
6
Natioool Insurance (cid:1) 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
(a) (cid:1) 12 weeks; or d
a
(v) (cid:1) 6 weeks from the date on which confinement occnurs (cid:1)
e
whichever is the later. (cid:1) Gr

e
m
13. (cid:2) (I) The daily rate of maternity benefit shall be sixty Rate of
e
per cent of the average weekly insurable earninghs of the insured benefit
c
person divided by six. S

e
(2) Average weekly insurable earningcs for the purposes of
n
this regulation shall mean the sum oaf the weekly insurable
r
earnings on which contributions wuere based including any
s
contributions credited in accordannce with regulation 47 over
I
the continuous calendar periaol d of thirty contribution weeks
previous to the week in whicnh the benefit is due to commence,
o
divided by thirty. ti
a
N
14. (cid:2) Claims for maternity benefit shall be accompanied Support
of claim
(a)(cid:1) in the case of a claim made prior to the date of confine (cid:1)
ment by a certificate issued by a medical practitioner(cid:1)
as to the expected date of confinement; or(cid:1)
(b)(cid:1) in the case of a claim made subsequent to the date of(cid:1)
confinement, by a certificate issued by a medical practi (cid:1)
tioner or a midwife registered as such in Grenada, as (cid:1)
to the actual date of confinement: (cid:1)
7
CAP. 205 National Insurance
[Subsidiary]
Provided that the Director may accept such other evidence
in support of such claims as in his opinion the special circum
stances 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
Certificate of
confinement shall, as soon as possible after her confinement, obtain a ceni
ficate of her confinement from the medical practitioner or
registered midwife who assisted thereat and forward it to the
a
officer of the Board within three wdeeks after the date of
a
confinement: n
e
Provided that the Director mayr accept other evidence in lieu
G
of such certificate if, in his op inion, the special circumstances
e
of any particular case so jmustify.
e
h
c
S
16. An insured person entitled to payment of maternity benefit
Disqualifica
e
tion shall be disqualifiecd from receiving such benefit for such period
S.R.O. n
as the Director may decide if during the period for which
16/1988 a
benefit is puaryable
s
n
(a) (cid:1) sIhe engages in remunerative work;

al
(b)n (cid:1) she fails without good cause to take due care of her
o
ti health, or to answer any reasonable inquiries by an officer
a
N of the Board directed to ascertain whether she is doing
so; (cid:1) or
(c)(cid:1) 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.
Incapacil)' 17. The provisions of these Regulations relative to sickness
for work
arising from benefit shall apply in relation 10 a case where there is incapacity
complic8 for work arising from pathological complications of confine
'ions of
confinement ment immediately following the cessation of rights to maternity
benefit:
8
National Insurance (cid:1) 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)(cid:1) at the time of death was in receipt of sickness or(cid:1)
a
maternity benefit; or(cid:1) d
a
(b)(cid:1) whilst not in receipt of sickness or maternity bnenefit (cid:1)
e
at the date of death, would have been entitledr to one (cid:1)
G
or the other but for the fact of death; or (cid:1)
e
m
(c) (cid:2) at the time of death was receiving or had received or (cid:1)
e
satisfIed the contribution conditions forh invalidity benefit (cid:1)
c
or age benefit. (cid:1) S

e
c
19. (1) Subject to these Regulatiaonns, funeral grant shall be P"'o", who
paid to the person who has met uorr is liable to meet the cost ~~I ",,;.,
of the funeral of the deceased sperson. .
n
I

(2) (cid:2) Where al
n
(a)(cid:1) death occurred at soea and the deceased person was buried
ti
at sea, or a
N
(b)(cid:1) the person who has met or is liable to meet the cost (cid:1)
of the funeral of the deceased person cannot be found, or (cid:1)
(c)(cid:1) 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.(cid:1) The amount of the funeral grant shall be $1,000.00. Amoonl of
gram
S.R.O.
16jl988
9