Sickness

Social Security (Benefits) (Sickness) Regulations, 1973 made by the Minister under sections 29, 30 and 31 of the Social Security Act, 1972 (3 of 1972).

These regulations may be cited as the Social Security (Benefits) Citation and commence-

(Sickness) Regulations, 1973 and shall come into operations on ment.

the 24^th day of September, 1973.

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

Aaverage insurable weekly earnings@ means the sum of insurable

earnings on which contributions are based, paid in the 13 com-

plete weeks immediately preceding the first day of incapacity in

that continuous period of incapacity for work divided by the

number of weeks in that period of 13 weeks in respect of which

contributions have been paid:

Acontinuous period of incapacity for work@ means the sum total

of any two or more periods of incapacity for work which are not

separated by more than eight weeks;

Aprescribed@ means prescribed by the Director; and

Aregistered@ means registered under the Medical Act. Cap. 231.

Any notices, application, card or other document which is Notices, etc. may be sent

authorised or required to be given, presented, issued or by post.

delivered under these regulations may be sent by pre-paid

post.

Subject to the provisions of these regulations, sickness benefit Entitlement to benefit.

shall be granted to an insured person who is rendered incapable

of work as a result of some specific disease or bodily or

mental disablement otherwise than as a result of employment

injury; and for this purpose an insured person 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 of, or his having been in contact with

a case of, infectious disease.

5. (1) An insured person who is eligible for sickness benefit shall not Day from which benefit is

be entitled to receive such benefit for the first three days of any is to be commence; no entitle-

continuous period of incapacity for work but only as from the ment after age 60.

fourth day of any such period.

(2) No insured person shall be entitled to sickness benefit on or

after attaining the age of sixty years.

6. A claim for sickness benefit shall be made in the prescribed Manner of claiming and

manner and shall be supported by the prescribed certificate of support of claim.

a registered 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.

7. (1) Sickness benefit shall be payable only if the insured person- Conditions which must be satisfied.

was engaged in employment as an insured

person pursuant to section 19 of the Act

immediately prior to the day on which

incapacity commenced;

(b) had been insured for not less than 26 weeks;

and

(c) had been insured for not less than 8 weeks in

the 13 complete weeks immediately preceding

the first day of incapacity in that continuous

period of incapacity for work.

(2) Subject to regulations 5 (1), sickness benefit shall be paid for

each day (excluding Sundays) as long as incapacity for work

continues subject to a maximum of 26 weeks in any continuous

period of incapacity for work.

8. (1) Subject to subregulations (2) and (3), the daily rate of sickness Rate of benefit.

benefit shall be 60 per centum of the average insurable weekly

earnings of the insured person divided by 6.

(2) The daily rate of sickness benefit specified in subregulation (1)

shall be reduced by one sixth of the amount that any weekly

pay that the insured person receives from his employer in res-

pect of any period for which sickness benefit is paid exceeds

forty per centum of the average insurable weekly earning of the

insured person.

(3) The daily rate of sickness benefit payable under subregulation

(1) shall be reduced in the manner specified in subregulation

(2) if the Director is satisfied that there exists-

(a) a valid and subsisting labour agreement made

between his employer and a recognised trade

union under which the insured person is

entitled to receive periodical sickness benefit;

(b) a statutory obligation by the employer to pay

periodical sickness benefit;

(c) a contract of service under which the insured

person is employed and which provides for

payment of periodical sickness benefit; or

(d) an accepted labour practice or labour prece-

dent applicable to the types of work in which

the insured person has been engaged imme-

diately preceding the period of sickness benefit

by which the insured person can reasonably

expect to receive periodical sickness benefit.

notwithstanding the fact that no such payments have actually

been made to the insured person under paragraphs (a) to (d).

(4) The daily rate of benefit payable during any continuous

period of incapacity for work shall be the daily rate of benefit

paid in respect of the first day of that period of incapacity.

9. An insured person entitled to payment of sickness benefit shall Disqualification.

be disqualified for receiving benefit for such period as the

Director may decide, but not exceeding 13 weeks, if-

(a) the claimant has become incapable of work

through his own misconduct;

(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 exam-

ination; or

(c) 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 a duly authorised

officer of the Board;

(ii) not to be absent from his place of residence

without leaving word where he may be found;

(iii) not to do work for which remuneration is or

would ordinarily be payable.

Made this 22^nd day of September, 1973.

Donald Halstead,

Minister of Home Affairs and Labour

ANTIGUA

_______

STATUTORY RULES AND ORDERS.

1978, No. 31.

_______

Social Security (Benefits) (Sickness) (Amendment) Regulations, 1978 made by the Minister under sections 29, 30 and 31 of the Social Security Act, 1972, (No. 3 of 1972).

1. Short Title. These Regulations may be cited as the Social Security (Benefits) (Sickness) (Amendment) Regulations 1978, and shall be read as one with the Social Security (Benefits) (Sickness) Regulations, 1973 (No. 42 of 1973) hereinafter called the principal Regulations.

2. Amendment of Regulation 8 of Principal Regulations. Regulations 8 of the principal Regulations is repealed and the following is substituted-

A8. The daily rate of sickness benefit shall be 60 per centum of the average insurable weekly earnings divided by 6.@

Made the 1^st day of August, 1978.

John E. St. Luce,

Minister responsible for Social Security.

ANTIGUA AND BARBUDA

_______

STATUTORY INSTRUMENTS

1987, No. 15.

_______

Social Security (Benefits) (Sickness) (Amendment) Regulations 1987 made by the Minister under section 47 of the Social Security Act, 1972.

_______

1. These Regulations may be cited as the Social Security Citation.

(Benefits)(Sickness) (Amendment) Regulations, 1987.

2. The definition of Aaverage insurable weekly earnings@ in Regulation 2 amended.

regulation 2 thereof is hereby revoked and replaced by

following-

Aaverage insurable weekly earnings@ means the

sum of insurable earnings on which contributions

are based, paid in the three calendar months

immediately preceding the month of incapacity

and divided by-

(a) in the case where the number of

weeks worked is more than eight,

the number of weeks worked during

such calendar months; or

(b) in the case where the number of weeks

worked is less than eight, any number

of weeks worked prior to the date of

the incapacity.@

3. Regulation 6 is hereby amended by the substitution thereof of Regulation 6 amended.

the following-

A6(1) An application for a claim under these Regulations Time and manner of

shall be made in the form prescribed in the submitting claims etc.

Schedule and shall reach the Director not less than

twenty one days after the date of the incapacity.

(2) The Director may in addition to the particulars

furnished in the prescribed form require the insured

person-

(a) to provide such other evidence for

the purpose of establishing the

insured person=s incapacity for work;

(b) to attend for and submit to an exami-

nation by one or more registered

medical practitioners appointed by

the Board.

(3) Any application submitted after the period specified

in subregulation (1) may be rejected by the Director.

(4) Any applicant whose application is rejected under

this regulation may, within fourteen days of such

rejection appeal to the Board for consideration@

4. Regulation 7 (1) is hereby amended by the substitution for para- Regulation 7 amended.

graph (c) thereof of the following-

A(c) had been insured for not less than eight weeks

during the three calendar months immediately

preceeding the month of the incapacity.@

5. There shall be inserted immediately after regulation 9 the Schedule incited.

following schedule.

ASCHEDULE

Section A

(To be completed by a state registered medical practitioner

______________________________________________________________

To: Mr/Mrs/Miss ........................................................................................

I hereby certify that on ...............................................19......, I examined you

and found that you are suffering from...................................................In my

opinion, you will be fit to resume work on...........................................19.......

Occupational Injury ____ ____

____ ____

Yes No

Name ......................................................

(please print)

Address ...................................................

Signature ................................................. Date ............................

Section B

(Medical certificate for employer)

_____________________________________________________________

hereby certify that on ....................................................19........, I examined

............................................................................., and by reason of illness,

he/she is incapacitated. In my opinion, he/she will be fit to resume work on

................................19..........

Signature ...................................................... Date ...................................

Section C

(To be completed by claimant)

______________________________________________________________

My social security number is ................................................................

2. My name is .........................................................................................

3. My address is ......................................................................................

............................................................................................................

4. I am employed by ................................................................................

5. The address of my employer is .............................................................

............................................................................................................

6. I claim sickness benefit from ............................................. 19...............

During the three months immediately before my illness, my other

employer(s) was/were-

Name Address

(a) ................................................. ................................................

(b) ................................................. ................................................

Signature ....................................... Date .............................19.......

Section D

(To be completed by employer)

______________________________________________________________

This is to certify that .........................................................................has been

employed in this establishment from ...............................................................

19........., his/her weekly/monthly rate being $ ................... He/She last worked

on .......................................................................................................19.......

and has been absent from .....................................................................19.......

on account of incapacity which was not due to any injury sustained during the

course of his/her employment here.

HE/SHE RETURNED TO WORK ON ................................................ 19.....

List below the employee=s earning for the previous month. If he/she is paid

monthly, indicate the number of weeks worked using the Saturdays as your

guidline.

Weekly paid Monthly paid

______________________________________________________________

w/e

1. ...................19..... $.................

...................19..... $................. $......................... for the month

of ............................... 19.......

3. ...................19.... $................. Number of weeks worked.........

4. ...................19.... $................

5. ..................19.... $................

For the month in which the employee became ill, state the number of weeks

worked prior to the illness. Number of weeks .............

I certify that the above information given by me is correct to the best of my

knowledge and belief. I understand that I can be prosecuted if I knowingly give

incorrect information.



		ANTIGUA STATUTORY RULES AND ORDERS. 1973, No. 42 __________ Social Security (Benefits) (Sickness) Regulations, 1973 __________ Arrangement of Regulations Regulation 1. Citation and commencement. 2. Interpretation. 3. Notices, etc. may be sent by post. 4. Entitlement to benefit. 5. Day from which benefit is to commence; noentitlement after age 60. 6. Manner of claiming and support of claim. 7. Conditions which must be satisfied. 8. Rate of benefit. 9. Disqualification. ANTIGUA _______ STATUTORY RULES AND ORDERS. 1973, No. 42. _______ Social Security (Benefits) (Sickness) Regulations, 1973 made by the Minister under sections 29, 30 and 31 of the Social Security Act, 1972 (3 of 1972). These regulations may be cited as the Social Security (Benefits) Citation and commence- (Sickness) Regulations, 1973 and shall come into operations on ment. the 24^th day of September, 1973. In these regulations, unless the context otherwise requires.- Interpretation. Aaverage insurable weekly earnings@ means the sum of insurable earnings on which contributions are based, paid in the 13 com- plete weeks immediately preceding the first day of incapacity in that continuous period of incapacity for work divided by the number of weeks in that period of 13 weeks in respect of which contributions have been paid: Acontinuous period of incapacity for work@ means the sum total of any two or more periods of incapacity for work which are not separated by more than eight weeks; Aprescribed@ means prescribed by the Director; and Aregistered@ means registered under the Medical Act. Cap. 231. Any notices, application, card or other document which is Notices, etc. may be sent authorised or required to be given, presented, issued or by post. delivered under these regulations may be sent by pre-paid post. Subject to the provisions of these regulations, sickness benefit Entitlement to benefit. shall be granted to an insured person who is rendered incapable of work as a result of some specific disease or bodily or mental disablement otherwise than as a result of employment injury; and for this purpose an insured person 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 of, or his having been in contact with a case of, infectious disease. 5. (1) An insured person who is eligible for sickness benefit shall not Day from which benefit is be entitled to receive such benefit for the first three days of any is to be commence; no entitle- continuous period of incapacity for work but only as from the ment after age 60. fourth day of any such period. (2) No insured person shall be entitled to sickness benefit on or after attaining the age of sixty years. 6. A claim for sickness benefit shall be made in the prescribed Manner of claiming and manner and shall be supported by the prescribed certificate of support of claim. a registered 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. 7. (1) Sickness benefit shall be payable only if the insured person- Conditions which must be satisfied. was engaged in employment as an insured person pursuant to section 19 of the Act immediately prior to the day on which incapacity commenced; (b) had been insured for not less than 26 weeks; and (c) had been insured for not less than 8 weeks in the 13 complete weeks immediately preceding the first day of incapacity in that continuous period of incapacity for work. (2) Subject to regulations 5 (1), sickness benefit shall be paid for each day (excluding Sundays) as long as incapacity for work continues subject to a maximum of 26 weeks in any continuous period of incapacity for work. 8. (1) Subject to subregulations (2) and (3), the daily rate of sickness Rate of benefit. benefit shall be 60 per centum of the average insurable weekly earnings of the insured person divided by 6. (2) The daily rate of sickness benefit specified in subregulation (1) shall be reduced by one sixth of the amount that any weekly pay that the insured person receives from his employer in res- pect of any period for which sickness benefit is paid exceeds forty per centum of the average insurable weekly earning of the insured person. (3) The daily rate of sickness benefit payable under subregulation (1) shall be reduced in the manner specified in subregulation (2) if the Director is satisfied that there exists- (a) a valid and subsisting labour agreement made between his employer and a recognised trade union under which the insured person is entitled to receive periodical sickness benefit; (b) a statutory obligation by the employer to pay periodical sickness benefit; (c) a contract of service under which the insured person is employed and which provides for payment of periodical sickness benefit; or (d) an accepted labour practice or labour prece- dent applicable to the types of work in which the insured person has been engaged imme- diately preceding the period of sickness benefit by which the insured person can reasonably expect to receive periodical sickness benefit. notwithstanding the fact that no such payments have actually been made to the insured person under paragraphs (a) to (d). (4) The daily rate of benefit payable during any continuous period of incapacity for work shall be the daily rate of benefit paid in respect of the first day of that period of incapacity. 9. An insured person entitled to payment of sickness benefit shall Disqualification. be disqualified for receiving benefit for such period as the Director may decide, but not exceeding 13 weeks, if- (a) the claimant has become incapable of work through his own misconduct; (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 exam- ination; or (c) 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 a duly authorised officer of the Board; (ii) not to be absent from his place of residence without leaving word where he may be found; or (iii) not to do work for which remuneration is or would ordinarily be payable. Made this 22^nd day of September, 1973. Donald Halstead, Minister of Home Affairs and Labour ANTIGUA _______ STATUTORY RULES AND ORDERS. 1978, No. 31. _______ Social Security (Benefits) (Sickness) (Amendment) Regulations, 1978 made by the Minister under sections 29, 30 and 31 of the Social Security Act, 1972, (No. 3 of 1972). 1. Short Title. These Regulations may be cited as the Social Security (Benefits) (Sickness) (Amendment) Regulations 1978, and shall be read as one with the Social Security (Benefits) (Sickness) Regulations, 1973 (No. 42 of 1973) hereinafter called the principal Regulations. 2. Amendment of Regulation 8 of Principal Regulations. Regulations 8 of the principal Regulations is repealed and the following is substituted- A8. The daily rate of sickness benefit shall be 60 per centum of the average insurable weekly earnings divided by 6.@ Made the 1^st day of August, 1978. John E. St. Luce, Minister responsible for Social Security. ANTIGUA AND BARBUDA _______ STATUTORY INSTRUMENTS 1987, No. 15. _______ Social Security (Benefits) (Sickness) (Amendment) Regulations 1987 made by the Minister under section 47 of the Social Security Act, 1972. _______ 1. These Regulations may be cited as the Social Security Citation. (Benefits)(Sickness) (Amendment) Regulations, 1987. 2. The definition of Aaverage insurable weekly earnings@ in Regulation 2 amended. regulation 2 thereof is hereby revoked and replaced by following- Aaverage insurable weekly earnings@ means the sum of insurable earnings on which contributions are based, paid in the three calendar months immediately preceding the month of incapacity and divided by- (a) in the case where the number of weeks worked is more than eight, the number of weeks worked during such calendar months; or (b) in the case where the number of weeks worked is less than eight, any number of weeks worked prior to the date of the incapacity.@ 3. Regulation 6 is hereby amended by the substitution thereof of Regulation 6 amended. the following- A6(1) An application for a claim under these Regulations Time and manner of shall be made in the form prescribed in the submitting claims etc. Schedule and shall reach the Director not less than twenty one days after the date of the incapacity. (2) The Director may in addition to the particulars furnished in the prescribed form require the insured person- (a) to provide such other evidence for the purpose of establishing the insured person=s incapacity for work; (b) to attend for and submit to an exami- nation by one or more registered medical practitioners appointed by the Board. (3) Any application submitted after the period specified in subregulation (1) may be rejected by the Director. (4) Any applicant whose application is rejected under this regulation may, within fourteen days of such rejection appeal to the Board for consideration@ 4. Regulation 7 (1) is hereby amended by the substitution for para- Regulation 7 amended. graph (c) thereof of the following- A(c) had been insured for not less than eight weeks during the three calendar months immediately preceeding the month of the incapacity.@ 5. There shall be inserted immediately after regulation 9 the Schedule incited. following schedule. ASCHEDULE Section A (To be completed by a state registered medical practitioner ______________________________________________________________ To: Mr/Mrs/Miss ........................................................................................ I hereby certify that on ...............................................19......, I examined you and found that you are suffering from...................................................In my opinion, you will be fit to resume work on...........................................19....... Occupational Injury ____ ____ ____ ____ Yes No Name ...................................................... (please print) Address ................................................... Signature ................................................. Date ............................ Section B (Medical certificate for employer) _____________________________________________________________ hereby certify that on ....................................................19........, I examined ............................................................................., and by reason of illness, he/she is incapacitated. In my opinion, he/she will be fit to resume work on ................................19.......... Signature ...................................................... Date ................................... Section C (To be completed by claimant) ______________________________________________________________ My social security number is ................................................................ 2. My name is ......................................................................................... 3. My address is ...................................................................................... ............................................................................................................ 4. I am employed by ................................................................................ 5. The address of my employer is ............................................................. ............................................................................................................ ............................................................................................................ 6. I claim sickness benefit from ............................................. 19............... During the three months immediately before my illness, my other employer(s) was/were- Name Address (a) ................................................. ................................................ (b) ................................................. ................................................ (c) ................................................. ................................................ Signature ....................................... Date .............................19....... Section D (To be completed by employer) ______________________________________________________________ This is to certify that .........................................................................has been employed in this establishment from ............................................................... 19........., his/her weekly/monthly rate being $ ................... He/She last worked on .......................................................................................................19....... and has been absent from .....................................................................19....... on account of incapacity which was not due to any injury sustained during the course of his/her employment here. HE/SHE RETURNED TO WORK ON ................................................ 19..... List below the employee=s earning for the previous month. If he/she is paid monthly, indicate the number of weeks worked using the Saturdays as your guidline. Weekly paid Monthly paid ______________________________________________________________ w/e 1. ...................19..... $................. ...................19..... $................. $......................... for the month of ............................... 19....... 3. ...................19.... $................. Number of weeks worked......... 4. ...................19.... $................ 5. ..................19.... $................ For the month in which the employee became ill, state the number of weeks worked prior to the illness. Number of weeks ............. I certify that the above information given by me is correct to the best of my knowledge and belief. I understand that I can be prosecuted if I knowingly give incorrect information.


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