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ANTIGUA. STATUTORY RULES AND ORDERS. 1973 No. 41. ______ Social
Security (Benefits) (Survivors) Regulations, 1973. Arrangement of Regulations Regulation 2.
Interpretation. 3.
Types of survivor=s
benefit. 4.
Entitlement
to survivor=s benefit. 5.
Maximum
rate of survivor=s
pension and survivor=s
grant. 6.
Entitlement of a widow to widow=s pension and duration
thereof. 7.
Entitlement of a widower to widower=s pension and duration
thereof. 8.
Entitlement of a child to child=s or orphan=s pension and duration
thereof. 9.
Rate of survivor=s
pension. 10.
Insufficiency
of pension available for distribution to children. 11.
Distribution
of survivor=s grant. 12.
Special
treatment in case of survivor=s
benefit of persons living in certain associations. ANTIGUA. ________ STATUTORY RULES AND ORDERS. 1973, No. 41. _______ The
Social Security (Benefits) (Survivors) Regulations, 1973 dated 20th day
of September, 1973 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) Citation and commencement. (Survivors)
Regulations, 1973 and shall come into operation on the
24th day of September, 1973. 2. In these
regulations unless the context otherwise requires- Interpretation. Ahusband@ and Awife@ in relation to a person who has been
married more than once means the last husband or wife
respectively; and Amaximum
pension available for payment to survivors@ means
such sum as under regulation 5 (1) is equivalent to
the pension paid or payable to the deceased insured person
at the time of his death. 3. Subject
as hereinafter provided, survivors benefit may consist of- Types
of survivors benefit. (a) a survivor=s pension, namely- (A) (i) a widow or widower=s pension; (ii) a
child=s pension; or (B) An orphan=s pension; or (b) a survivors grant. 4. (1) Subject to the
provisions of these regulations, survivor=s Entitlement to survivor=s benefit shall be payable to the widow or widower, as
the benefit. case
may be, and children of a deceased insured person if at
the time of his death such insured person- (a) was in receipt of an invalidity pension
or an
age pension; (b) would have been entitled to an invalidity
pension
or grant had he been deemed to be
an invalid at the time of his death; or (c) was sixty years of age or over and would have
been entitled to an age pension or grant
had he made a claim for such benefit. (2) Where, at the date of his death, the insured
person was in receipt
of an invalidity pension or age pension or would have
been entitled to an invalidity pension had he been deemed
to be an invalid or to an age pension had he made a
claim for such benefit, the benefit payable shall be a survivor=s pension. (3) Where, at the date of his death, the deceased
insured person would
have been entitled to an invalidity grant had he been deemed
to be an invalid or to an age grant had he made a claim
for such benefit, the benefit payable shall be a survivor=s grant. (4) Survivor=s
benefit shall not be payable in respect of a marriage contracted
after the insured person had been granted invalidity pension
or age pension: Provided
however that this subregulation shall not apply to any such
marriage if in the opinion of the Director it was a marriage between
two persons in respect of the survivor of whom, if they had
not in fact married, the Director would have been able to treat
as a surviving spouse under regulation 12(a) (i) or (ii) and would
have so treated. 5. (1) The totals of the annual
rate of survivor=s pensions payable in Maximum rate of survivor=s respect of a deceased insured person shall not exceed
the rate pension and survivor=s grant. of
pension which was payable or would have been payable to the
deceased insured person at the time of his death as invalidity
pension or age pension. (2) The
amount of survivor=s grant shall not exceed the rate of grant
which would have been payable to the deceased insured
person at the time of his death as an invalidity grant or
age grant. 6. (1) Subject to
subregulation (3)- Entitlement of a widow to widow=s pension and duration
thereof. (a) a widow who at the date of her husband=s death
was fifty-five years of age or over and
had been married to him for not less than
three years shall be entitled to a widow=s pension for life; (b) a widow who at the date of her husband=s death was
married to him for not less than three years and
was at the date of his death an invalid shall be
entitled to a widow=s pension for the period during
which such invalidity continues; and (c) a
widow who at the date of her husband=s
death was
not fifty-five years of age or over or was not an
invalid or being fifty-five years or over had been
married to him for less than three years shall
be entitled to widow=s pension for a period of
one year. (2) Where a pension payable to a widow pursuant
to subregulation 1(b)
ceases otherwise than because of her remarriage or co-habitation, if she is then over the age of
fifty-five years shall be
entitled to a widow=s pension for life. (3) A widow=s
pension payable to a widow shall cease on her remarriageor
co-habitation with a man as his wife. 7. A
widower shall entitled to a widower=s
pension if at his wife=s Entitlement of a widower to death- Widower=s pension and
duration thereof. (a) he and his wife had been married for not
less than three
years; (b) he is an invalid; and (1)
he had been wholly or
mainly maintained by his wife
prior to her death; and continues to satisfy the
aforesaid condition as to invalidity: Provided
that the survivor=s pension payable to a widower shall cease
on his remarriage or co-habitation with a woman as her husband. 8. (1) A child=s pension or orphan=s
pension shall be payable in respect Entitlement of a child to of each of the unmarried children (including adopted
children, child=s or orphan=s
pension step children and illegitimate children) of a deceased
insured and
duration thereof. person
who at the date of the parent=s death was
under the age
of sixteen years, or under the age of eighteen years and receiving
full time education, and was living with or was wholly
maintained by the deceased at the time of his death. (2) A child=s
pension or orphans= pension shall be payable in respect
of the child or orphan until he attains his sixteenth birthday
or eighteenth birthday as the case may be: Provided
that in the case of a child who is an invalid at the date
of date of the deceased insured person, the pension shall continue
to be payable during such period, after the invalid attains
the age of sixteen years of eighteen years, as the case may
be, as the invalidity continues. 9. (1) The rate of
widow=s or widower=s
pension payable to the Rate of survivor=s
pension. spouse
shall be equal to fifty per centum of the maximum pension
available for payment to survivors. (2) Subject to regulation 10, the rate of survivor=s pension payable in respect of each child shall be twenty per
centum of the maximum
pension available for payment to survivors except that
in respect of any child who is an orphan or who is an invalid the rate of pension payable
shall be forty per centum of of
the maximum pension so available: Provided
that the aggregate of pensions payable to the spouse under
subregualtion (1), and to children under this regulation, shall
not exceed the maximum pension available for payment for payment
to survivors. (3) Where no spouse is entitled to benefit the
maximum amount of survivor=s pension may be paid in respect of the children of
the deceased
insured person: Provided
always that the rate of pension payable in respect of each
child shall not exceed the rate set out in subregulation (2). 10. (1)Where the pension available for distribution in respect
of the Insufficiency of pension of the children of the deceased insured person is
insufficient available for distribution to to enable payment to be made in respect of all the
entitled, children. the
Director shall decided which of all the children should be granted
survivor=s pension. (2) Where after the award of survivor=s pension there are children of
the deceased who would be entitled under regulation 8 to a pension
but for the fact that the total pension had fully committed,
such children shall be entitled to survivor=s
pension during
such period as the total payments to survivors of the deceased
amount to less than the maximum pension available. 11. Survivor=s grant shall be distributed on the same basis as Distribution of survivor=s provided in regulation 9 for survivors= pension. grant. 12. For the purpose of
these regulations- Special treatment in case of survivor=s benefit of persons living in certain associations. (a) where it is a condition for title to
survivor=s benefit
that- (1)
a woman is the widow of
an insured man,
the Director may, in his absolute discretion,
treat a single woman or widow
who was living with a single man
or widower as his wife at the date
of his death as if she were in law his
widow; or (2)
a man is the widower of
an insured woman,
the Director may, in his absolute
discretion, treat a single man
or widower who was living with
a single woman or widow as her
husband at the date of her death as
if he were in law her widower; (2)
where the question of
marriage or remarriage arises
in regard to the title or cessation of title
to survivor=s benefit the Director shall in the
absence of the subsistence of a lawful marriage
and of any impediment of lawful marriage,
decide for the purposes of these regulations
whether or not the person or persons
should be treated as if he, she or they
were married or as if he or she had remarried
as the case may be, and if so, from what
date; and (c) the determination of the Director under paragraphs
(a) or (b) shall, unless the context
otherwise requires, have the effect of extending,
as regard title or cessation of title to
survivor=s benefit payable to a man or woman
the meaning of the word marriage to include
the association between such a single woman
or widow as aforesaid with such a single
man or widower as aforesaid and the association
between such a single man or widower
as aforesaid with such a single woman
or widow as aforesaid and for this purpose
the words Awife@, A husband@, Awidow@, Awidower@ and Aspouse@ shall be construed
accordingly. Made this 20th day
of September, 1973. Donald
Halstead, Minister
of Home Affairs and Labour. ANTIGUA ________ STATUORY RULES AND ORDERS. 1978, No. 35. ________ The
Social Security (Benefits) (Survivors) (Amendment) Regulations, 1978 date the 1st
day of August, 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 (Benefit) (Survivors) (Amendment) Regulations, 1978 and shall be read
as one with the Social Security (Benefits) (Survivors) Regulations 1973 (No.41
of 1973). 2.
Amendment of
Regulation 6 of Principal Regulations.
Regulation 6 of the principal Regulation is amended- (a) by repealing the word Afifty-five@ in
paragraph (a) subregulation (1) and substituting the word Afifty@; (b) by repealing the word Afifty-five@ wherever it occurs in paragraph (c) as
subregulation (1) and substituting the word Afifty@; (c) by repealing the word Afifty-five@ in
subregulation (2) and substituting the word Afifty@. 3. New Regulation 13 inserted in
Principal Regulations. The
principal Regulations are amended by inserting after regulation 12 the
following regulation- AMinimum pension 13. Notwithstanding
the determination of the amount of payable to widow widow=s and children=s
pensions in accordance with and child. Regulations 5 and 9, the minimum pension payable to a widow
shall be $15 a week and the minimum amount payable to a child entitled to a pension
shall be $5 a week.@ Made
this 1st day of August, 1978. John
E. St. Luce, Minister
responsible for Social Security. ANTIGUA AND BARBUDA ________ STATUTORY INSTRUMENTS 1986, No. 27 ________ The
Social Security (Benefits) (Survivors) (Amendment) Regulations 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)
(Survivors) (Amendment) Regulations 1986 and come into force on the 1st
day of July, 1986. 2. Amendment of Regulation 13 of S.R.
& O. 1973, No.41. Regulation 13
of the Social Security (Benefits) (Survivors) Regulations, 1973 is amended by
deleting the words A$15" and A$5.00"
and substituting the words A$22.50"
and A$7.50" respectively. Made
this 5th day of June, 1986. John
E. St. Luce, Minister. ANTIGUA AND BARBUDA ________ STATUTORY INSTRUMENTS 1993, No. 39 _________ The
Social Security (Benefits) (Survivors) (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. (Survivors)
(Amendment) Regulations, 1993. 2. Regulations 13 of the Social Security (Benefits)
(Survivors) Regulation 13 of 1973, No. Regulations 1973, No. 41 is revoked and replaced by
the 1973, No. 41 revoked and following- replaced. APension payable 13.
(1) The pension payable in respect of a to widow and person eligible under regulation 13 on
or child. before the 31st day
of December 1992 is increased
by forty percentum, but in no case shall
a widow=s pension be less than one hundred
and thirty six dollars and fifty cents per
month and a child=s pension shall not be less
than forty five dollars and fifty cents per month. (2)
The pension payable in respect of persons
eligible under regulations 5 and 9 are
increased at rates specified below- (a) pensions that started in 1992 by
5%. (b) pensions
that started in 1991 by
10%. (c) pensions that started in 1990 by
15%. (d) pensions
that started in 1989 by
20%. (e) pensions
that started in 1988 by
25%. (f) pensions that started in 1987 by
30%. (g) pensions that started in 1986 by
35%. (h) pensions that started prior to 1986
by 35%. (3)
In no case shall a pension payable under subregulation
(2) be less than that specified in subregulation
(1). 3. These regulations come into force on the
1st day of July, 1993. Commencement. Made this 29th day of June, 1993. Molwyn
Joseph, Minister
of Finance. ANTIGUA AND BARBUDA ________ SOCIAL SECURITY (BENEFITS) (SURVIVORS) (AMENDMENT) REGULATIONS, 2000 ________ ARRANGEMENT OF SECTIONS ________ Sections 1.
Short title. 2.
Amendment of
regulation 6 of the Social Security (Benefits) (Survivors) Regulations, Cap.
408 (h). 3. Amendment of regulation 9. 4. Amendment of regulation 10. 5. Insertion of new regulation. 6. Commencement. ANTIGUA AND BARBUDA _______ STATUTORY INSTRUMENT 2000, No. _______ Social
Security (Benefits) (Survivors) (Amendment) Regulations, 2000 made by the Minister
under section 29, 30 and 31 of the Social Security Act, Cap. 408. _______ 1. These regulations may be cited as the
Social Security (Benefits) Short Title. (Survivors)
(Amendment) Regulations, 2000. 2. Regulation 6 of the Social Security (Benefits)
(Survivors) Amendment of Regulation 6 Regulations, in these Regulations referred to as the
principal of the Social Security Regulations, is amended by repealing paragraph (c) and (Benefits)
(Survivors) substituting the following paragraph: Regulations, Cap. 408 (h). A(c) a widow
who at the date of her husband=s death
was under fifty years of age, unemployed and
had been married to him for not less than three
years shall be entitled to widow=s
pension until
she is employed.@. 3. Regulation 9 of the principal
Regulations is amended by repealing
subsection (2) and substituting the following: A(2) Subject
to regulation 10, the rate of survivors pension
payable in respect of each child shall be
twenty-five percentum of the maximum pension
available for payment to survivors; except
that where there is an eligible spouse and
three or more eligible children the remaining
amount after the spouses pension shall
be divided equally among the children but
no child shall receive less than the minimum
pension payable to a child.@. 4. Regulation 10 of the principal
Regulations is amended as Amendment of regulation 10. follows: (a) in subsection (1) by repealing the words
after ADirector@ and substituting the following: Ashall
divide the remainder after the spouses pension
by the minimum rate of pension to determine
how many children can receive and
the pension shall then be divided among these
children using the one-off-one-on method,
but no child shall receive less than the
minimum pension payable to a child.@; and (b) by inserting after subsection (2) the
following new
subsection@ A(3) Application
for survivors pension shall
be made within one year of the
death of the insured person.@. 5. After regulation
13 of the principal Regulations, the following Insertion of new regulation. regulation
is inserted: A14. All
existing pensions under these Increase of pension. Regulations
awarded before the 1st
day of January 2000 are increased
by ten percentum.@. 6. These regulations come into force on the
1st day of June, 2000. Commencement. Made this day
of 2000. John
E. St. Luce, Minister
responsible for Social Security. |
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