Invalidity Pension

ANTIGUA

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Statutory Rules and Orders,

1977, No. 22.

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Social Security (Benefits) (Invalidity Pension and Grants) Regulations, 1977, dated 22^nd day of July, 1977, made by the Minister under Sections 29, 30, and 31 of the Social Security Act, 1972 (3 of 1972).

1. Citation 2. Interpretation 3. Entitlement 4. Invalidity Benefit 5. Invalidity Pension

6. Rate of Invalidity pension 7. Invalidity Grant 8 . Rate of Invalidity grant 9.Extent of Contributions

10. Certification of incapacity 11. Disqualification

1. These regulations may be cited as the Social Security (Benefits) Citation and

(Invalidity Pension and Grants) Regulations, 1977, and shall commencement.

come into operation on the 22^nd day of July, 1977.

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

Aaverage earnings@ for the purpose of computing

invalidity benefits means the average annual

insurable earnings in the five calendar years

immediately preceding the continuous period

of incapacity for work immediately preceding

the onset of invalidity.

Provided however that in the case of an insured

person who has contributed for less than 5

calendar years the average earnings shall be the

average earnings over the number of completed

calendar years being less than 5; and

AAnnual insurable earnings@ in any year for the

purpose of computing average earnings means

the total earnings in those weeks for which

contributions are paid, increased in the propor-

tion that 52 bears to the number of weekly

contributions paid in that year subject to a

maximum of twelve thousand dollars:

Provided however that a year or years in which

the insured person contributed less than 13 weekly

contributions or the monthly equivalent shall be

ignored for the purpose of computing average

earnings and that year or years shall be replaced

by the last year or years before the period of five

years preceding invalidity in which 13 weekly

contributions or the monthly equivalent or more

were paid.

Acontinuous period of incapacity for work@ means

the sum total of any two or more periods of

incapacity for which are not separated by more

than eight weeks;

AInvalid means a person incapable of work as a

result of a specific disease or bodily or mental

disablement which is likely to remain permanent.

Aa prescribed certificate of incapacity for work@

means a medical certificate in the form from time

to time prescribed by the Director.

3. Subject to the provisions of these regulations invalidity Entitlement.

benefit shall be paid in respect of any insured person who-

(a) is an invalid; and

(b) has not attained the age of 60 years.

4. Invalidity benefit shall consist of- Type of invalidity benefit.

(a) invalidity pension; or

(b) invalidity grant.

5. Subject to regulation 6 a person shall be entitled to an invalidity Invalidity pension.

pension if he-

(a) has not attained the age of 60 years:

(b) is an invalid; and

(c) has paid not less than 156 weekly contributions

or the monthly equivalent thereof for so long as

the invalidity continues.

6. The pension payable in respect of a person entitled under Rate of invalidity pension.

regulation 5 shall be paid at an annual rate of twenty-five per

centum of the average earnings increased by one per centum

of such average earnings in respect of each complete fifty

weekly contributions (or the monthly equivalent thereof) in

excess of five hundred:

Provided that where the number of weekly contributions does

not exceed five hundred the rate of pension shall be subject to

a minimum rate of 6 dollars a week and a maximum rate of 15

dollars a week.

Provided that in no case shall an invalidity pension exceed fifty

per centum of the average earnings:

7. A person who does not qualify for an invalidity pension under Invalidity grant.

regulation 5 shall be entitled to an invalidity grant if-

(a) he has not attained the age of 60

(b) he is an invalid

(c) he has paid not less than 52 weeks contribution

or the monthly equivalent thereof.

8. The rate of invalidity grant payable in respect of a person Rate of invalidity grant.

entitled under regulation 7 shall be either-

(a) two hundred dollars; or

(b) seventy five percentum of the total contribution

paid in respect of that person whichever amount

is the greater.

9. (1) Should invalidity cease, the contributions taken into account for Extent to which

the purpose of invalidity benefit shall not be applied towards the contributions may be applied

satisfaction of the contribution conditions for any subsequent in respect of future claims

claim to benefit any description save only a funeral grant. To benefit.

(2) On cessation of an invalidity pension, nothing these regulations

shall prevent the contributions on which the said invalidity

pension was based from being taken into account for the purpose

of establishing title toward the rate of any subsequent invalidity

pension or for old age contributory pension.

10. (1) All claims to invalidity benefit shall be accompanied by a Certification of permanent

certificate of permanent incapacity for work setting out the incapacity for work.

nature of the incapacity and completed by a registered medical

practitioner.

(2) The Director shall seek the opinion of a second registered

medical practitioner as to the permanence of the claimant=s

incapacity.

(3) In the event of a disagreement between the two medical

opinions, the advice of the Chief Medical Officer shall be

sought and his opinion shall be final.

11. An insured person entitled to payment of invalidity pension Disqualification.

shall be disqualified for 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

observe any of the following rules of

behaviour namely:-

refrain from behaviour calculated to

retard 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 words

where he may be found; or

(iii) to do no work for which remuneration

is or would ordinarily be payable.

Made this 22^nd day of July, 1977.

Reuben Harris,

Minister responsible for Social Security

ANTIGUA.

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STATUTORY RULES AND ORDERS.

1978, No. 30.

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The Social Security (Benefits) (Invalidity Pension and Grants) (Amendment) Regulations 1978, dated the 1^st day of August, 1978, made by the Minister under sections 29, 30 and 31 of the Social Security Act, 1972 (No.3 of 1972).

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Short Title. These Regulations may be cited as the Social Security (Benefits) (Invalidity Pension and Grants) (Amendment) Regulations 1978 and shall be read as one with the Social Security (Benefits) (Invalidity Pension and Grants) Regulations 1977 (No. 22 of 1977) hereinafter called the principal Regulations.

Amendment of Regulation 2 of Principal Regulations. Regulation 2 of the Principal Regulations is amended by inserting the end of the definition Ainvalid@ the words Aotherwise than as a result of employment injury,@.

3. Amendment of Regulation 5 of Principal Regulations. Regulation 5 of the principal Regulations is amended-

(a) by repealing the word Aand@ in paragraph (b);

(b) by repealing paragraph (c) and substituting the following paragraph-

A(c) has paid not less than 156 weekly contributions or the monthly equivalent thereof, and@

(c) by inserting after paragraph (c) the following paragraph-

A(d) has been in receipt of sickness benefit for 26 weeks,

for so long as the invalidity continues.@

4. Amendment of Regulation 6 of the Principal Regulations. Regulations 6 of the principal Regulations is amended by repealing the figures A6" and A15" in the first proviso and substituting the figures A15" and A25" respectively.

5. Amendment of Regulation 8 of the Principal Regulations. Regulation 8 of the principal Regulations is amended in paragraph (a) by repealing the word Atwo@ and substituting Athree@.

Made the 1^st day of August, 1978

John E. St. Luce,

Minister responsible for Social Security.

ANTIGUA AND BARBUDA

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STATUTORY INSTRUMENTS

1986, No. 25

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The Social Security (Benefits) (Invalidity Pension and Grants) (Amendment) Regulation 1986 made by the Minister under Sections 29, 30 and 31 of the Social Security Act, 1972 (No. 3 of 1972).

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1. Short title and Commencement. These Regulations may be cited as the Social Security (Benefits) (Invalidity Pension and Grants) (Amendment) Regulations 1986 and come into force on the 1^st day of July 1986.

2. Repeal and Replacement of Regulation 2 of S.R. & O. 1977, No. 22. Regulation 2 of the Social Security (Benefits) (Invalidity Pension and Grants) Regulations, 1977, in these referred to as Athe principal Regulations@, is repealed and the following is substituted-

AInterpretation. 2. In these Regulations-

Aaverage earnings@ for the purpose of computing invalidity benefits means the average annual insurable earnings of the best five contribution years in the last ten contribution years immediately preceding the year in which invalidity begins; but in the case of an insured person who has contributed for less than five contribution years, Aaverage earnings@ means the average annual earnings over the number of years being less than five;

Acontribution years@ means any calendar year in which an insured person pays thirteen or more weekly contributions or the monthly equivalent thereof;

Aannual insurable earnings@ in any contribution year for the purpose of computing average earnings means the total insurable earnings in those weeks for which contributions are paid, increased in the proportion that 52 bears to the number of weekly contributions paid in that year;

Ainvalid@means a person incapable of work as a result of a specific disease or bodily or mental disablement which is likely to remain permanent, otherwise than as a result of employment injury.@

3. Amendment of Regulation 5 of the principal Regulations. Regulation 5 of the principal Regulations is amended by deleting paragraph (d).

4. Amendment of Regulation 6 of the principal Regulations. Regulation 6 of the principal Regulation is amended by deleting the words A15 dollars@ and A25 dollars@ and substituting the words Atwenty two dollars and fifty cents@ and Athirty seven dollars and fifty cents@ and Athirty seven dollars and fifty cents@ respectively.

5. Amendment of Regulation 8 of the principal Regulations. Regulation 8 of the principal Regulations is amended by deleting the words Athree hundred dollars@ and substituting the words Afour hundred and fifty dollars@.

Made this 5^th day of June, 1986.

John E. St. Luce,

Minister.

ANTIGUA AND BARBUDA

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STATUTORY INSTRUMENTS

1993, No. 40

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The Social Security (Benefits) (Invalidity Pensions and Grants) (Amendment) Regulations, 1993 made by the Minister under sections 29, 30, and 31 of the Social Security Act 1972 (No. 3 of 1972).

1. These regulations may be cited as the Social Security (Benefits) Short title.

(Invalidity Pensions and Grants) Regulations, 1993.

2. Regulation 5 of the Social Security (Invalidity Pensions and Regulation 5 of 1977 No.22

Grants) Regulations 1977 (1977, No.22) in these Regulations revoked and replaced.

referred to as the principal Regulations is revoked and replaced

by the following-

5. Subject to Regulation 6, a person who is an Invalidity pensions.

invalid and has not attained the age of 60 years

shall be entitled to-

(a) a full invalidity pension if he has paid not

less than 500 weekly contributions or the

monthly equivalent thereof;

(b) a reduced invalidity pension if he has paid

more than 349 weekly contributions or the

monthly equivalent thereof, but has not

paid 500 weekly contributions or the monthly

equivalent thereof; or

(c) a transitory invalidity pension if he has paid

more than 155 weekly contributions or the

monthly equivalent thereof, but has not paid

350 weekly contributions or the monthly

equivalent thereof.@

3. Regulation 6 of the principal Regulation is revoked and Regulation 6 of 1977 No. 22

replaced by the following- is revoked and replaced.

6. (1)(a) A pension payable under Regulation 5 (a) Rate of invalidity pension.

shall be paid at the annual rate of twenty five

per centum of the average earnings increased

by one per centum of such average earnings

in respect of each completed 50 weekly

contributions or monthly equivalent thereof;

but in no case shall the rate of pension exceed

fifty per centum of the annual earnings and the

rate payable shall not be less than the maximum

rate specified in regulation 6 (c).

(b)



		ANTIGUA ______ Statutory Rules and Orders, 1977, No. 22. _____ Social Security (Benefits) (Invalidity Pension and Grants) Regulations, 1977, dated 22^nd day of July, 1977, made by the Minister under Sections 29, 30, and 31 of the Social Security Act, 1972 (3 of 1972). 1. Citation 2. Interpretation 3. Entitlement 4. Invalidity Benefit 5. Invalidity Pension 6. Rate of Invalidity pension 7. Invalidity Grant 8 . Rate of Invalidity grant 9.Extent of Contributions 10. Certification of incapacity 11. Disqualification 1. These regulations may be cited as the Social Security (Benefits) Citation and (Invalidity Pension and Grants) Regulations, 1977, and shall commencement. come into operation on the 22^nd day of July, 1977. 2. In the regulations, unless the context otherwise requires- Interpretation. Aaverage earnings@ for the purpose of computing invalidity benefits means the average annual insurable earnings in the five calendar years immediately preceding the continuous period of incapacity for work immediately preceding the onset of invalidity. Provided however that in the case of an insured person who has contributed for less than 5 calendar years the average earnings shall be the average earnings over the number of completed calendar years being less than 5; and AAnnual insurable earnings@ in any year for the purpose of computing average earnings means the total earnings in those weeks for which contributions are paid, increased in the propor- tion that 52 bears to the number of weekly contributions paid in that year subject to a maximum of twelve thousand dollars: Provided however that a year or years in which the insured person contributed less than 13 weekly contributions or the monthly equivalent shall be ignored for the purpose of computing average earnings and that year or years shall be replaced by the last year or years before the period of five years preceding invalidity in which 13 weekly contributions or the monthly equivalent or more were paid. Acontinuous period of incapacity for work@ means the sum total of any two or more periods of incapacity for which are not separated by more than eight weeks; AInvalid means a person incapable of work as a result of a specific disease or bodily or mental disablement which is likely to remain permanent. Aa prescribed certificate of incapacity for work@ means a medical certificate in the form from time to time prescribed by the Director. 3. Subject to the provisions of these regulations invalidity Entitlement. benefit shall be paid in respect of any insured person who- (a) is an invalid; and (b) has not attained the age of 60 years. 4. Invalidity benefit shall consist of- Type of invalidity benefit. (a) invalidity pension; or (b) invalidity grant. 5. Subject to regulation 6 a person shall be entitled to an invalidity Invalidity pension. pension if he- (a) has not attained the age of 60 years: (b) is an invalid; and (c) has paid not less than 156 weekly contributions or the monthly equivalent thereof for so long as the invalidity continues. 6. The pension payable in respect of a person entitled under Rate of invalidity pension. regulation 5 shall be paid at an annual rate of twenty-five per centum of the average earnings increased by one per centum of such average earnings in respect of each complete fifty weekly contributions (or the monthly equivalent thereof) in excess of five hundred: Provided that where the number of weekly contributions does not exceed five hundred the rate of pension shall be subject to a minimum rate of 6 dollars a week and a maximum rate of 15 dollars a week. Provided that in no case shall an invalidity pension exceed fifty per centum of the average earnings: 7. A person who does not qualify for an invalidity pension under Invalidity grant. regulation 5 shall be entitled to an invalidity grant if- (a) he has not attained the age of 60 (b) he is an invalid (c) he has paid not less than 52 weeks contribution or the monthly equivalent thereof. 8. The rate of invalidity grant payable in respect of a person Rate of invalidity grant. entitled under regulation 7 shall be either- (a) two hundred dollars; or (b) seventy five percentum of the total contribution paid in respect of that person whichever amount is the greater. 9. (1) Should invalidity cease, the contributions taken into account for Extent to which the purpose of invalidity benefit shall not be applied towards the contributions may be applied satisfaction of the contribution conditions for any subsequent in respect of future claims claim to benefit any description save only a funeral grant. To benefit. (2) On cessation of an invalidity pension, nothing these regulations shall prevent the contributions on which the said invalidity pension was based from being taken into account for the purpose of establishing title toward the rate of any subsequent invalidity pension or for old age contributory pension. 10. (1) All claims to invalidity benefit shall be accompanied by a Certification of permanent certificate of permanent incapacity for work setting out the incapacity for work. nature of the incapacity and completed by a registered medical practitioner. (2) The Director shall seek the opinion of a second registered medical practitioner as to the permanence of the claimant=s incapacity. (3) In the event of a disagreement between the two medical opinions, the advice of the Chief Medical Officer shall be sought and his opinion shall be final. 11. An insured person entitled to payment of invalidity pension Disqualification. shall be disqualified for 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 observe any of the following rules of behaviour namely:- refrain from behaviour calculated to retard 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 words where he may be found; or (iii) to do no work for which remuneration is or would ordinarily be payable. Made this 22^nd day of July, 1977. Reuben Harris, Minister responsible for Social Security ANTIGUA. ________ STATUTORY RULES AND ORDERS. 1978, No. 30. ________ The Social Security (Benefits) (Invalidity Pension and Grants) (Amendment) Regulations 1978, dated the 1^st day of August, 1978, made by the Minister under sections 29, 30 and 31 of the Social Security Act, 1972 (No.3 of 1972). _______ Short Title. These Regulations may be cited as the Social Security (Benefits) (Invalidity Pension and Grants) (Amendment) Regulations 1978 and shall be read as one with the Social Security (Benefits) (Invalidity Pension and Grants) Regulations 1977 (No. 22 of 1977) hereinafter called the principal Regulations. Amendment of Regulation 2 of Principal Regulations. Regulation 2 of the Principal Regulations is amended by inserting the end of the definition Ainvalid@ the words Aotherwise than as a result of employment injury,@. 3. Amendment of Regulation 5 of Principal Regulations. Regulation 5 of the principal Regulations is amended- (a) by repealing the word Aand@ in paragraph (b); (b) by repealing paragraph (c) and substituting the following paragraph- A(c) has paid not less than 156 weekly contributions or the monthly equivalent thereof, and@ (c) by inserting after paragraph (c) the following paragraph- A(d) has been in receipt of sickness benefit for 26 weeks, for so long as the invalidity continues.@ 4. Amendment of Regulation 6 of the Principal Regulations. Regulations 6 of the principal Regulations is amended by repealing the figures A6" and A15" in the first proviso and substituting the figures A15" and A25" respectively. 5. Amendment of Regulation 8 of the Principal Regulations. Regulation 8 of the principal Regulations is amended in paragraph (a) by repealing the word Atwo@ and substituting Athree@. Made the 1^st day of August, 1978 John E. St. Luce, Minister responsible for Social Security. ANTIGUA AND BARBUDA _______ STATUTORY INSTRUMENTS 1986, No. 25 _______ The Social Security (Benefits) (Invalidity Pension and Grants) (Amendment) Regulation 1986 made by the Minister under Sections 29, 30 and 31 of the Social Security Act, 1972 (No. 3 of 1972). _______ 1. Short title and Commencement. These Regulations may be cited as the Social Security (Benefits) (Invalidity Pension and Grants) (Amendment) Regulations 1986 and come into force on the 1^st day of July 1986. 2. Repeal and Replacement of Regulation 2 of S.R. & O. 1977, No. 22. Regulation 2 of the Social Security (Benefits) (Invalidity Pension and Grants) Regulations, 1977, in these referred to as Athe principal Regulations@, is repealed and the following is substituted- AInterpretation. 2. In these Regulations- Aaverage earnings@ for the purpose of computing invalidity benefits means the average annual insurable earnings of the best five contribution years in the last ten contribution years immediately preceding the year in which invalidity begins; but in the case of an insured person who has contributed for less than five contribution years, Aaverage earnings@ means the average annual earnings over the number of years being less than five; Acontribution years@ means any calendar year in which an insured person pays thirteen or more weekly contributions or the monthly equivalent thereof; Aannual insurable earnings@ in any contribution year for the purpose of computing average earnings means the total insurable earnings in those weeks for which contributions are paid, increased in the proportion that 52 bears to the number of weekly contributions paid in that year; Ainvalid@means a person incapable of work as a result of a specific disease or bodily or mental disablement which is likely to remain permanent, otherwise than as a result of employment injury.@ 3. Amendment of Regulation 5 of the principal Regulations. Regulation 5 of the principal Regulations is amended by deleting paragraph (d). 4. Amendment of Regulation 6 of the principal Regulations. Regulation 6 of the principal Regulation is amended by deleting the words A15 dollars@ and A25 dollars@ and substituting the words Atwenty two dollars and fifty cents@ and Athirty seven dollars and fifty cents@ and Athirty seven dollars and fifty cents@ respectively. 5. Amendment of Regulation 8 of the principal Regulations. Regulation 8 of the principal Regulations is amended by deleting the words Athree hundred dollars@ and substituting the words Afour hundred and fifty dollars@. Made this 5^th day of June, 1986. John E. St. Luce, Minister. ANTIGUA AND BARBUDA _______ STATUTORY INSTRUMENTS 1993, No. 40 _______ The Social Security (Benefits) (Invalidity Pensions and Grants) (Amendment) Regulations, 1993 made by the Minister under sections 29, 30, and 31 of the Social Security Act 1972 (No. 3 of 1972). 1. These regulations may be cited as the Social Security (Benefits) Short title. (Invalidity Pensions and Grants) Regulations, 1993. 2. Regulation 5 of the Social Security (Invalidity Pensions and Regulation 5 of 1977 No.22 Grants) Regulations 1977 (1977, No.22) in these Regulations revoked and replaced. referred to as the principal Regulations is revoked and replaced by the following- 5. Subject to Regulation 6, a person who is an Invalidity pensions. invalid and has not attained the age of 60 years shall be entitled to- (a) a full invalidity pension if he has paid not less than 500 weekly contributions or the monthly equivalent thereof; (b) a reduced invalidity pension if he has paid more than 349 weekly contributions or the monthly equivalent thereof, but has not paid 500 weekly contributions or the monthly equivalent thereof; or (c) a transitory invalidity pension if he has paid more than 155 weekly contributions or the monthly equivalent thereof, but has not paid 350 weekly contributions or the monthly equivalent thereof.@ 3. Regulation 6 of the principal Regulation is revoked and Regulation 6 of 1977 No. 22 replaced by the following- is revoked and replaced. 6. (1)(a) A pension payable under Regulation 5 (a) Rate of invalidity pension. shall be paid at the annual rate of twenty five per centum of the average earnings increased by one per centum of such average earnings in respect of each completed 50 weekly contributions or monthly equivalent thereof; but in no case shall the rate of pension exceed fifty per centum of the annual earnings and the rate payable shall not be less than the maximum rate specified in regulation 6 (c). (b)


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