Insurance

ANTIGUA.

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STATUTORY RULES AND ORDERS.

1974, NO. 13.

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Social Security (Modification of Insurance Status

and Voluntary Insurance) Regulations, 1974.

Arrangement of Regulations.

Regulation.

1. Citation and commencement.

2. Interpretation.

3. Employments to be treated as insurable employments.

4. Persons to be treated as employers.

5. Employment for less than eight hours per week.

6. Employments to be treated as not being insurable employments.

7. Employment abroad.

8. Special provision regarding formal decisions on insurance status.

9. Voluntary insurance.

First Schedule: Employment to be treated as insurable employments.

Second Schedule: Persons to be treated as employers.

Third Schedule: Employments to be treated as not being insurable employments.

ANTIGUA

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STATUTORY RULES AND ORDERS.

1974, No. 13.

________

Social Security (Modification of Insurance Status and Voluntary Insurance) Regulations, 1974 dated the 1^st day of March, 1974, and made by the Minister under sections 19 (3) and 20, of the Social Security Act, 1972 (3 of 1972).

1. These regulations may be cited as the Social Security Citation and commencement.

(Modification of Insurance Status and Voluntary Insurance)

Regulations, 1974 and shall come into operation on the 1^st

day of March, 1974.

2. In these regulations unless the context otherwise requires- Interpretation.

Abelongs to Antigua@ means to belong to Antigua

within the meaning of section 16 (8) of the

Constitution; and

Ahospital means any institution for the reception and

treatment of persons suffering from illness or mental

defectiveness, any maternity home, and any institution

for the reception and treatment of persons requiring

mental rehabilitation, and includes clinic, dispensaries

and out-patients departments maintained in connection

with any such institution or home as aforesaid.

3. Subject to the provisions of regulations 4 and 5, the employ- Employments to be treated

ments specified in the First Schedule hereto shall be treated as insurable employments.

for the purpose of the Act as insurable employments.

4. In relation to any employment specified in the first column Persons to be treated as

of the Second Schedule hereto, the persons specified employers.

opposite thereto in the second column of the said Schedule

5. If, in any contribution week, a person is engaged in employ- Employment for less than

ment involving less than eight hours service a week and his eight hours per week.

wages from any one employer amount to less than seven

dollars and fifty cents, that employment by that employer in

that week shall be treated as not being insurable employment:

Provided that if the employment is in continuation of employ-

ment by an employer in respect of which the wages of the

employed person from the employer ordinarily amount to

seven dollars and fifty cents or more per week (or the

proportionated amount for periods longer than a week)

that employment for that week or period shall be deemed

to be insurable employment.

6. The employments specified in the Third Schedule hereto Employments to be treated

shall be treated for the purposes of the Acts as not being as not being insurable

insurable employments. Employments.

7. (1) Where a person in insurable employment ceases to be so Employment abroad.

employed in the State but is employed (whether by the

same or by a different employer) outside the State in

continuation of such employment, that employment outside

the State shall, subject to the provisions of these regulations,

be treated as insurable employment for the period for which

contributions are payable under sub-regulation (2) (a):

Provided that the sub-regulation shall only apply where the

employer has a place of business in the State and the person

concerned belongs to Antigua.

(2) Where under sub-regulation (1) employment outside the State

is treated as insurable employment the following provisions

shall apply with respect to the payment of contributions:-

(a) Contributions shall be payable at the appropriate S. R & O. 13/73.

rates specified in Parts III and IV of the Schedule

to the Social Security (Collection of Contributions)

Regulations, 1973:

Provided that such contributions shall be payable in respect of such

employment-

(1) Until the expiration of the period of

twelve months from the commence-

ment of employment outside the

State;

(2) until the employment outside the

State ceases; or

(iii) until either of the conditions set

out in the proviso to sub-regulation

(1) ceases to be satisfied, whichever

first occurs; and

(b) After the completion of the period which contri-

tions are payable under paragraph (a), the person

concerned shall, for any contribution week there-

after during the whole of which he is outside the

State, be entitled to contribute as a voluntary

contributor.

(3) Where a person was employed the State immediately prior to the

appointed day, which employment would have been treated as

insurable employment under sub-regulation (1) if the employment

outside the State had commenced on or after the appointed day,

that employment outside the State shall be treated as insurable

employment and the provisions of the said sub-regulation (1)

shall apply:

Provided that where any such person commenced employment

outside the State on a date more than twelve months prior to the

appointed day the provisions of this regulation shall not apply to

him.

8. (1) Where under the provisions of the Act relating to the Special provision regarding

determination of questions the Supreme Court has decided formal decisions on

that the employment of any person is not or was not, or is to be insurance status.

treated for the purposes of the Act as not being or not having

been insurable employment, and that decision is inconsistent

with some previous determination of a question by the Board,

then if the Board is satisfied that contributions have been paid

by or in respect of any person in reasonable belief that such

determination was applicable, the Board may if it appears to

the Board that it would be in the interest of the person by or

in respect of whom such contributions have been paid, or of

any claimant or beneficiary by virtue of that person=s insurance,

direct that those contributions shall be deemed to have been

properly paid under the Act and, if such a direction is given,

the said person, claimant or beneficiary shall be treated accordingly.

(2) In any case where the Board, on new facts being brought to its

notice, has revised the determination of a question previously

given by it, the provisions of sub-regulation (1) shall apply with

the necessary modifications in the same manner as they apply

where the Supreme Court has given a decision inconsistent with

a determination previously made by the Board.

9. (1) A person who- Voluntary insurance.

(a) is sixteen years of age or over but has not

attained the age of sixty years;

(b) is ordinarily resident in the State;

(c) ceases to be liable to pay contributions in

respect of employment; and

(d) has paid contributions in respect of at least

one week,

shall be entitled to become a voluntary contributor.

(2) Subject to the provisions of these regulations, a

certificate of voluntary insurance shall be given to a

person who makes application to the Director for

such a certificate, on a form approved by the Board,

before the end of the fifty-second contribution week

after ceasing at any time to be employed in insurable

employment:

Provided that a certificate of voluntary insurance once

accorded shall only cease to have effect at the direction

of the Board or on the award of age benefit in respect

of the insured person=s contributions or on the death of

the insured person.

(3) A certificate of voluntary insurance shall entitle the person to

whom it is issued to pay voluntary contributions for the purposes

of the Act relating to age benefit, survivor=s benefit and funeral

grant only, for any week not earlier than fifty-two contribution

weeks prior to the date of application, in respect of any contri-

bution week for which no contribution is otherwise payable by

or on behalf of him.

(4) (a) The rate of contribution which a voluntary contributor shall S.R& O. 13/1973.

shall pay during any period of employment is that which he would

pay if he were compulsorily insured and the Social Security

(Collection of Contributions) Regulations, 1973 shall apply to the

voluntary contributor and employer as if the voluntary contributor

were an employed person for the purposes of the Act.

(b) The rate of contribution which a voluntary contributor may pay

during a period of non-employment shall be at the total rate

payable in respect of employees earning twenty dollars per week

but not more than twenty five dollars as required by Parts III and

IV of the Schedule to the Social Security (Collections of Contribu-

tions) Regulations, 1973.

(5) The Director shall inform the person concerned of the contributions

due under sub-regulation (4) (b) above and such contributions shall

be paid by remittance to the Board not later than the 31^st day of

March next following the year for which they are due or six months

after such notification by the Director, whichever is the later:

Provided that the Board may in its discretion and if satisfied that

there are extenuating circumstances extend the period by a further

two months.

(6) Any payment of voluntary contributions under this regulation shall

not be refundable unless such payment has been made by a person

who was not eligible to pay voluntary contributions in respect of

the period for which such contributions were paid.

FIRST SCHEDULE Regulation 3

Employments to be treated as insurable employments

1. Employment as a medical practitioner or a dental practitioner-

(a) Involving whole-time service in any hospital; or

(b) in which he is wholly or mainly engaged and is renumerated

by salary.

2. Employment in plying for hire with any vehicle or vessel the use of which

is obtained under any contract of bailment (other than a hire purchase

agreement) in consideration of the payment of a fixed sum or share in the

earnings or otherwise.

3. Employment of a casual nature for the purpose of nay game or recreation

of a person who is engaged or paid for that employment through a club.

SECOND SCHEDULE Regulation 4

Persons to be treated as employers.

First column Second column

1. Employment specified in paragraph The person from whom the use

2 of the First Schedule of the vehicle or vessel is obtained.

2. Employment specified in paragraph The club.

3 of the First Schedule

THIRD SCHEDULE Regulation 6

Employments to be treated as not being insurable employments

1. Employment of any person in any employment which but for the provisions of

this paragraph would be insurable employment, if that person=s employer is

not ordinarily resident in, and has no place of business in the State, and provided

that the employment does not exceed 90 days aggregate in any continuous

period of twelve months.

2. Employment as an agent paid by commission or fees or by a share in the profits,

or partly in one and partly in another.

3. Employment in the service of the husband or wife of the person employed.

4. Employment in the service of the employed person=s father mother grandfather,

grandmother, step-son, step-daughter, brother, sister, half-brother or half-sister

in so far as the employment is either-

(a) without pecuniary remuneration; or

(b) employment in a private dwelling-house in which both the

employer and the person employed reside, not being employ-

ment for the purpose of any trade or business carried on there

by the employer.

5. Employment of a person who does not belong to Antigua and who by virtue of

the Diplomatic Immunities (Representatives of Oversea Countries Ordinance

(Cap. 143) or the Diplomatic Privileges (Extension) Act (Cap. 144) is exempt

from the application of Social Security provisions in force in the State.

6. Employment of any person by any International Organization recognised by the

Government of Antigua, being a person to whom any scheme of Social Security

benefits operated by such Organization applies; and for the purpose of this

paragraph the term AInternational Organization@ includes a Regional

Organization.

7. Employment or service of any person who does not belong to the State as

a member of the armed forces of any country other than the State.

Made this 1^st day of March, 1974.

Gerald A. Watt,

Minister responsible for Social Security.



		ANTIGUA. _______ STATUTORY RULES AND ORDERS. 1974, NO. 13. _______ Social Security (Modification of Insurance Status and Voluntary Insurance) Regulations, 1974. Arrangement of Regulations. Regulation. 1. Citation and commencement. 2. Interpretation. 3. Employments to be treated as insurable employments. 4. Persons to be treated as employers. 5. Employment for less than eight hours per week. 6. Employments to be treated as not being insurable employments. 7. Employment abroad. 8. Special provision regarding formal decisions on insurance status. 9. Voluntary insurance. First Schedule: Employment to be treated as insurable employments. Second Schedule: Persons to be treated as employers. Third Schedule: Employments to be treated as not being insurable employments. ANTIGUA _______ STATUTORY RULES AND ORDERS. 1974, No. 13. ________ Social Security (Modification of Insurance Status and Voluntary Insurance) Regulations, 1974 dated the 1^st day of March, 1974, and made by the Minister under sections 19 (3) and 20, of the Social Security Act, 1972 (3 of 1972). 1. These regulations may be cited as the Social Security Citation and commencement. (Modification of Insurance Status and Voluntary Insurance) Regulations, 1974 and shall come into operation on the 1^st day of March, 1974. 2. In these regulations unless the context otherwise requires- Interpretation. Abelongs to Antigua@ means to belong to Antigua within the meaning of section 16 (8) of the Constitution; and Ahospital means any institution for the reception and treatment of persons suffering from illness or mental defectiveness, any maternity home, and any institution for the reception and treatment of persons requiring mental rehabilitation, and includes clinic, dispensaries and out-patients departments maintained in connection with any such institution or home as aforesaid. 3. Subject to the provisions of regulations 4 and 5, the employ- Employments to be treated ments specified in the First Schedule hereto shall be treated as insurable employments. for the purpose of the Act as insurable employments. 4. In relation to any employment specified in the first column Persons to be treated as of the Second Schedule hereto, the persons specified employers. opposite thereto in the second column of the said Schedule 5. If, in any contribution week, a person is engaged in employ- Employment for less than ment involving less than eight hours service a week and his eight hours per week. wages from any one employer amount to less than seven dollars and fifty cents, that employment by that employer in that week shall be treated as not being insurable employment: Provided that if the employment is in continuation of employ- ment by an employer in respect of which the wages of the employed person from the employer ordinarily amount to seven dollars and fifty cents or more per week (or the proportionated amount for periods longer than a week) that employment for that week or period shall be deemed to be insurable employment. 6. The employments specified in the Third Schedule hereto Employments to be treated shall be treated for the purposes of the Acts as not being as not being insurable insurable employments. Employments. 7. (1) Where a person in insurable employment ceases to be so Employment abroad. employed in the State but is employed (whether by the same or by a different employer) outside the State in continuation of such employment, that employment outside the State shall, subject to the provisions of these regulations, be treated as insurable employment for the period for which contributions are payable under sub-regulation (2) (a): Provided that the sub-regulation shall only apply where the employer has a place of business in the State and the person concerned belongs to Antigua. (2) Where under sub-regulation (1) employment outside the State is treated as insurable employment the following provisions shall apply with respect to the payment of contributions:- (a) Contributions shall be payable at the appropriate S. R & O. 13/73. rates specified in Parts III and IV of the Schedule to the Social Security (Collection of Contributions) Regulations, 1973: Provided that such contributions shall be payable in respect of such employment- (1) Until the expiration of the period of twelve months from the commence- ment of employment outside the State; (2) until the employment outside the State ceases; or (iii) until either of the conditions set out in the proviso to sub-regulation (1) ceases to be satisfied, whichever first occurs; and (b) After the completion of the period which contri- tions are payable under paragraph (a), the person concerned shall, for any contribution week there- after during the whole of which he is outside the State, be entitled to contribute as a voluntary contributor. (3) Where a person was employed the State immediately prior to the appointed day, which employment would have been treated as insurable employment under sub-regulation (1) if the employment outside the State had commenced on or after the appointed day, that employment outside the State shall be treated as insurable employment and the provisions of the said sub-regulation (1) shall apply: Provided that where any such person commenced employment outside the State on a date more than twelve months prior to the appointed day the provisions of this regulation shall not apply to him. 8. (1) Where under the provisions of the Act relating to the Special provision regarding determination of questions the Supreme Court has decided formal decisions on that the employment of any person is not or was not, or is to be insurance status. treated for the purposes of the Act as not being or not having been insurable employment, and that decision is inconsistent with some previous determination of a question by the Board, then if the Board is satisfied that contributions have been paid by or in respect of any person in reasonable belief that such determination was applicable, the Board may if it appears to the Board that it would be in the interest of the person by or in respect of whom such contributions have been paid, or of any claimant or beneficiary by virtue of that person=s insurance, direct that those contributions shall be deemed to have been properly paid under the Act and, if such a direction is given, the said person, claimant or beneficiary shall be treated accordingly. (2) In any case where the Board, on new facts being brought to its notice, has revised the determination of a question previously given by it, the provisions of sub-regulation (1) shall apply with the necessary modifications in the same manner as they apply where the Supreme Court has given a decision inconsistent with a determination previously made by the Board. 9. (1) A person who- Voluntary insurance. (a) is sixteen years of age or over but has not attained the age of sixty years; (b) is ordinarily resident in the State; (c) ceases to be liable to pay contributions in respect of employment; and (d) has paid contributions in respect of at least one week, shall be entitled to become a voluntary contributor. (2) Subject to the provisions of these regulations, a certificate of voluntary insurance shall be given to a person who makes application to the Director for such a certificate, on a form approved by the Board, before the end of the fifty-second contribution week after ceasing at any time to be employed in insurable employment: Provided that a certificate of voluntary insurance once accorded shall only cease to have effect at the direction of the Board or on the award of age benefit in respect of the insured person=s contributions or on the death of the insured person. (3) A certificate of voluntary insurance shall entitle the person to whom it is issued to pay voluntary contributions for the purposes of the Act relating to age benefit, survivor=s benefit and funeral grant only, for any week not earlier than fifty-two contribution weeks prior to the date of application, in respect of any contri- bution week for which no contribution is otherwise payable by or on behalf of him. (4) (a) The rate of contribution which a voluntary contributor shall S.R& O. 13/1973. shall pay during any period of employment is that which he would pay if he were compulsorily insured and the Social Security (Collection of Contributions) Regulations, 1973 shall apply to the voluntary contributor and employer as if the voluntary contributor were an employed person for the purposes of the Act. (b) The rate of contribution which a voluntary contributor may pay during a period of non-employment shall be at the total rate payable in respect of employees earning twenty dollars per week but not more than twenty five dollars as required by Parts III and IV of the Schedule to the Social Security (Collections of Contribu- tions) Regulations, 1973. (5) The Director shall inform the person concerned of the contributions due under sub-regulation (4) (b) above and such contributions shall be paid by remittance to the Board not later than the 31^st day of March next following the year for which they are due or six months after such notification by the Director, whichever is the later: Provided that the Board may in its discretion and if satisfied that there are extenuating circumstances extend the period by a further two months. (6) Any payment of voluntary contributions under this regulation shall not be refundable unless such payment has been made by a person who was not eligible to pay voluntary contributions in respect of the period for which such contributions were paid. FIRST SCHEDULE Regulation 3 Employments to be treated as insurable employments 1. Employment as a medical practitioner or a dental practitioner- (a) Involving whole-time service in any hospital; or (b) in which he is wholly or mainly engaged and is renumerated by salary. 2. Employment in plying for hire with any vehicle or vessel the use of which is obtained under any contract of bailment (other than a hire purchase agreement) in consideration of the payment of a fixed sum or share in the earnings or otherwise. 3. Employment of a casual nature for the purpose of nay game or recreation of a person who is engaged or paid for that employment through a club. SECOND SCHEDULE Regulation 4 Persons to be treated as employers. First column Second column 1. Employment specified in paragraph The person from whom the use 2 of the First Schedule of the vehicle or vessel is obtained. 2. Employment specified in paragraph The club. 3 of the First Schedule THIRD SCHEDULE Regulation 6 Employments to be treated as not being insurable employments 1. Employment of any person in any employment which but for the provisions of this paragraph would be insurable employment, if that person=s employer is not ordinarily resident in, and has no place of business in the State, and provided that the employment does not exceed 90 days aggregate in any continuous period of twelve months. 2. Employment as an agent paid by commission or fees or by a share in the profits, or partly in one and partly in another. 3. Employment in the service of the husband or wife of the person employed. 4. Employment in the service of the employed person=s father mother grandfather, grandmother, step-son, step-daughter, brother, sister, half-brother or half-sister in so far as the employment is either- (a) without pecuniary remuneration; or (b) employment in a private dwelling-house in which both the employer and the person employed reside, not being employ- ment for the purpose of any trade or business carried on there by the employer. 5. Employment of a person who does not belong to Antigua and who by virtue of the Diplomatic Immunities (Representatives of Oversea Countries Ordinance (Cap. 143) or the Diplomatic Privileges (Extension) Act (Cap. 144) is exempt from the application of Social Security provisions in force in the State. 6. Employment of any person by any International Organization recognised by the Government of Antigua, being a person to whom any scheme of Social Security benefits operated by such Organization applies; and for the purpose of this paragraph the term AInternational Organization@ includes a Regional Organization. 7. Employment or service of any person who does not belong to the State as a member of the armed forces of any country other than the State. Made this 1^st day of March, 1974. Gerald A. Watt, Minister responsible for Social Security.


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