Antigua and Barbuda Social Security Scheme
 




Collection of ContributionDetermination of question



 

ANTIGUA.

 

STATUTORY RULES AND ORDERS.

1973 No. 41.

______

 

Social Security (Benefits) (Survivors) Regulations, 1973.

 

Arrangement of Regulations

 

Regulation

 

1.                  Citation and commencement.

 

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.

 

 

 

                                                                           Top Of Page

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


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.

 

 
 
     ©2003 Antigua And Barbuda Social Security Board