Contributory Pensions Act 1970

[24 December 1970]

[preamble and words of enactment omitted]

Interpretation

1 (1) In this Act, unless the context otherwise requires,—

"actuary" means a Fellow of the Institute of Actuaries or of the Faculty of Actuaries of Great Britain or a Fellow of the Society of Actuaries of the United States of America or a person holding a corresponding Canadian qualification;

"appointed day" means 5 August 1968 (being the day appointed for the commencement of the repealed Act);

"beneficiary" means a person entitled to benefit;

"benefit" means benefit under this Act or, as respects any period before 1 February 1971, under the repealed Act;

"certificate of voluntary insurance" means a certificate of volun tary insurance granted under section 6;

"claimant" means a person claiming benefit;

"contract of employment" means any contract of service or ap prenticeship, whether written or oral, and whether expressed or implied;

"contribution" means a contribution under this Act or, as re spects any period before 1 February 1971, under the repealed Act;

"contribution week" means a period of seven days beginning at midnight between Sunday and Monday;

"contribution year" means a period beginning on the first Mon day in the month in which the appointed day, or the anniver sary of that day, occurs in any calendar year, and ending on the Sunday before that Monday in the next calendar year or, subject to section 9, such other period of fifty-two or fifty-three contribution weeks as may be prescribed;

"employed person", subject to subsection (3), means a person over school-leaving age who is gainfully occupied in employment under a contract of em ployment and includes employees of the Government or any Government Board;

"employment" includes any trade, business, profession, office or vocation;

"entry into insurance" means, in relation to any person, the date on which he becomes or became an insured person, whether under this Act or under the repealed Act;

"the Fund" means the Pension Fund established under the re pealed Act;

"husband" in relation to a widow, means her late husband and in relation to a widow who has been married more than once, her last husband;

"insurable employment" means employment as an employed or self-employed person;

"insurance card" and "insurance stamp" have the meanings as signed to them by section 8;

"Insurance Officer" means the public officer appointed to ad minister, subject to the general directions and control of the Minister, the repealed Act and any reference to the Insurance Officer in relation to any function to be performed by the In surance Officer under this Act or any regulations made thereunder shall be construed as including a reference to any person authorized by the Minister to perform that function;

"insured person" means a person insured under this Act or, as respects any period before 1 February 1971, under the re pealed Act;

""Minister" means the Minister responsible for Social Insurance;

"pension age" means the age of 65 or, in the case of a person who was, immediately before the appointed day, over the age of 60 and who thereafter became or becomes engaged in in surable employment, his age on the fifth anniversary of the appointed day;

"prescribed" means prescribed under regulations made under this Act;

"the repealed Act" means the Contributory Pensions Act 1967;

"relevant contribution conditions", in relation to benefit of any description, means the contribution conditions for benefit of that description;

"school-leaving age" means the upper limit of compulsory school age in accordance with the Education Act 1954 [title 12 item 1];

"self-employed person" means a person over school-leaving age who is gainfully occupied, otherwise than as an employed person;

"the Tribunal" means the Appeal Tribunal constituted under section 26;

(2) For the purposes of this Act—

(a) a person shall be deemed to be over or under any age if he has or has not reached that age, as the case may be;

(b) a person shall be deemed not to have attained the age of 65 until the commencement of the sixty-fifth anniversary of his date of birth, and similarly with respect to any other age.

(3) Notwithstanding the definition of the expression "employed person", where an employer satisfies the Minister—

(a) that a person is a full time student at a school, training institution, university or other similar body; and

(b) he intends to employ that person on a Saturday or a public holiday or a period of vacation, including a half-term holiday,

then, for the purposes of any such employment and this Act that person shall be deemed not to be an employed person and accordingly the Minister shall, for the duration of such employment, exempt that person and that employer from the provisions of this Act relating to contributions.

[Section 1 amended by 1994:27 effect 19 July 1994]

(2) A person gainfully occupied as a member of the armed forces of any country who is present in Bermuda by reason only of his service in such armed forces shall not by reason of such gainful occupa tion be insured under this Act or be an employed or self-employed per son.

(3) A citizen of the United States of America gainfully occupied in the employment of the Government of the United States of America who is present in Bermuda by reason only of such employment, or as a dependant of such a person, shall not by reason of such gainful occupa tion be insured under this Act or be an employed or self-employed per son.

(4) This Act shall apply to the employment of any person ordi narily resident in Bermuda who is the master or member of the crew of any ship or vessel which is engaged in regular trade with Bermuda, notwithstanding that such employment occurs wholly or mainly outside Bermuda.

(5) A person gainfully occupied in employment by any one em ployer for four hours or less in any one contribution week shall not by reason of such gainful occupation be insured under this Act or be an employed or a self-employed person.

(6) A person not ordinarily resident in Bermuda shall not be in sured under this Act or be an employed or self-employed person until he has been gainfully occupied in Bermuda for a period of 26 consecutive weeks.

(7) Subject to subsection (4) and section 6, this Act shall not apply to any employed or self-employed person outside Bermuda.

Pension Fund

3 (1) For the purpose of this Act there shall continue to be maintained under the control and management of the Minister of Fi nance a Pension Fund into which shall be paid all contributions payable under this Act by employers and insured persons and out of which shall be paid all claims for benefit.

(2) All moneys standing to the credit of the Fund on 1 February 1971 shall be retained by the Fund, and all claims against the Fund on that date shall be pursued, as if this Act had not been passed.

(3) From time to time during each year the Accountant General shall determine, as accurately as practicable, the expenses incurred by the Consolidated Fund in carrying out this Act which sum, as so deter mined, shall include salaries of personnel, cost of audit, stationery and supplies, and all other expenses whatsoever and such sum shall be charged to the Fund and paid into the general revenue of Bermuda:

Provided that the expenses incurred in respect of the construc tion, structural maintenance or rental of any premises used for the pur poses of this Act shall be met from the general revenue of Bermuda and not charged to the Fund.

(4) Accounts of the Fund shall be prepared in such form, in such manner and at such times as the Minister of Finance may direct and the Auditor shall examine and certify every such account, and the accounts so certified shall be laid by the Minister before both Houses of the Legislature together with the report of the Auditor thereon.

(5) Any moneys forming part of the Fund may from time to time be paid over to the Minister of Finance subject to and in accordance with the Public Funds Act 1954 [title 15 item 1], and invested by him, and in that event the Minister of Finance shall pay into the Consolidated Fund for the credit of the Fund any interest or dividends received from time to time in respect of the investment of the Fund.

(6) Notwithstanding anything in the Public Funds Act 1954 [title 15 item 1], the Minister of Finance may lend to the Government for capital expenditure, at competitive rates of interest, such portion of the moneys paid to him pursuant to subsection (5), and on such terms and conditions, as he may determine.

Liability for contributions

4 (1) As from 1 February 1971 and subject to this section—

(a) every employed person of a description set out in Col umn 1 of the First Schedule shall be liable to pay weekly contributions at the rate set out in Column 2 of that Schedule for every contribution week during any part of which he is gainfully occupied, and a contribution payable under this paragraph is hereinafter referred to as "an employed person's contribution";

(b) every employer shall be liable to pay weekly contribu tions at the rate set out in Column 3 of the First Sched ule in respect of any person in his employment of a de scription set out in Column 1 of that Schedule for every contribution week during any part of which such person is employed by him, and a contribution payable under this paragraph is hereinafter referred to as "an em-
ployer's contribution"; and

(c) every self-employed person of a description set out in Column 1 of the First Schedule shall be liable to pay weekly contributions at the rate set out in Column 2 of that Schedule for every contribution week during any part of which he is gainfully occupied.

(2) An employer liable to pay an employer's contribution in re spect of a person employed by him shall in the first instance be liable to pay also, on behalf of and to the exclusion of that person, the employed person's contribution payable by that person for the same contribution week, and for the purposes of this Act contributions paid by an employer on behalf of an employed person shall be deemed to be contributions paid by the employed person.

(3) A person shall not be liable to pay more than one contribu tion as an insured person for any contribution week, and not more than one employer's contribution shall be payable in respect of any person for any contribution week.

(4) Where a person is employed by two or more employers in any contribution week the employer employing him first in point of time in that contribution week shall be liable to pay the employer's contribu tion.

(5) Where a person is employed as an employed person during any part of a contribution week and is gainfully occupied as a self-em ployed person during another part of that same contribution week, a contribution shall be payable as an employed person and not as a self-employed person for that contribution week.

(6) Subject to this Act and except in so far as regulations may otherwise prescribe, no person shall be entitled to pay any contribution other than a contribution which he is liable to pay.

Exception from liability for contributions

5 (1) Subject to subsection (2), regulations may provide for ex cepting employed and self-employed persons from liability to pay contri butions under section 4 for any period during which they are not in re ceipt (or are deemed in accordance with the regulations not to be in re ceipt) of an income at a rate exceeding one thousand two hundred and fifty dollars a year or such higher annual income as may from time to time be prescribed, and for such other periods as may be prescribed.

(2) Regulations made under subsection (1) shall not provide for excepting a person from liability to pay contributions otherwise than on that person's own application, but may provide for so excepting a person with effect from any date not earlier than thirteen weeks before the date on which his application was made.

Voluntary insurance

6 (1) Any person who is not liable to pay contributions under this Act as an employed or self-employed person shall, on making application to the Insurance Officer, be entitled to receive a certificate of voluntary insurance if he is under pension age and—

(a) he is ordinarily resident in Bermuda and has paid not less than fifty contributions; or

(b) he has paid not less than one hundred and fifty contri butions.

(2) A person holding a certificate of voluntary insurance granted under this section shall be entitled to pay a voluntary contribu tion for any contribution week during which the certificate is in force, provided that no contribution is payable by or in respect of him under section 4 for that week.

(3) The contribution payable under this section by an insured person for any week shall be the amount which would have been payable for that week by him if he had been a self-employed person during any part of that week.

(4) A certificate of voluntary insurance issued under subsection (1) shall commence as from the date on which the application for such certificate is made, unless the applicant requests on his application a different date for its commencement, being a date not more than twelve months prior to the date of application or such earlier date as the Insur ance Officer may for good cause permit, in which case the certificate shall, subject to the approval of the Insurance Officer, commence as from the requested date.

(5) The Insurance Officer may make special arrangements for the payment of contributions under this section by a person holding a certificate of voluntary insurance during any period when that person is resident outside Bermuda and any such arrangement shall have effect as if set out in this Act.

(6) A certificate of voluntary insurance shall cease to have ef fect when the holder thereof attains pension age.

Rights of employers to recover contributions

7 (1) Notwithstanding the provisions of any contract or agree ment to the contrary, an employer shall not be entitled to deduct from
the salary, wages or other remuneration of a person employed by him or otherwise to recover from such a person, the employer's contribution payable in respect of that person.

(2) Where an employed person receives any salary, wages or other pecuniary remuneration from his employer, the amount of any contribution paid by the employer on behalf of the employed person un der section 4(2), shall, notwithstanding the provisions of any contract or agreement to the contrary, be recoverable by means of deductions from the salary or wages of that person or from any other remuneration due from the employer to that person and not otherwise:

Provided that no deduction may be made from any salary, wages or remuneration other than such as are paid wholly or partly in respect of the contribution week for which the contribution is payable.

(3) Where an employed person does not receive any salary, wages or other pecuniary remuneration from his employer, but receives such remuneration from some other person, the amount of any contri bution paid by the employer on behalf of the employed person under section 4(2) shall (without prejudice to any other means of recovery) be recoverable from the employed person as a civil debt, provided that pro ceedings for the purpose are instituted within six months from the date on which the contribution was payable.

(4) Notwithstanding any contract or agreement to the contrary, an employer shall not be entitled to deduct from the salary, wages or other remuneration of a person employed by him, or otherwise to recover from such a person, more than the amount of the employed person's contribution paid by the employer on behalf of the employed person un der section 4(2).

Insurance cards and stamps

8 (1) A card (in this Act referred to as an "insurance card") shall—

(a) be provided by the Government without charge for each insured person (unless with the approval of the Insur ance Officer other arrangements have been made in his case);

(b) remain the property of the Government;

(2) Adhesive stamps (in this Act referred to as "insurance stamps") shall be prepared in such manner as the Minister of Finance may direct and shall be purchased only from post offices.

(3) Every person entering insurable employment after 31 Jan uary 1971 shall register with the Insurance Officer and shall produce such documents and furnish such other information as the Insurance Officer may require for the purpose of issuing insurance cards.

(4) Every insured person shall—

(a) if he is an employed person, deliver his insurance card to the employer who is liable to pay the weekly contribu tion in respect of him for the relevant contribution week;

(b) if he is a self-employed person, hold his card himself;

(d) if he is holding the card when it expires, sign it, write his address on it and return it to the Insurance Officer who shall exchange it for a new card for the new contribution year;

(e) for every contribution week for which he is liable to pay a contribution as a self-employed person, unless with the approval of the Insurance Officer he has made other arrangements for the payment of contributions, pay the contribution not later than the last day of the contribu tion week by affixing an insurance stamp on his insur ance card in the space provided, and cancel the stamp by writing in ink or printing across the face of the stamp the date on which it was affixed.

(5) Every employer liable to pay any contribution in respect of an employed person shall—

(a) immediately after the employment begins or becomes in surable, obtain an insurance card from the employed person or from the Insurance Officer;

(b) be responsible for the custody of the card as long as the employment lasts or until he returns the card to the In surance Officer or an inspector appointed under this Act;

(c) if the insured person desires to inspect the card, give him a reasonable opportunity of so doing at least once in every month at such time as the employer may deter mine either within or immediately before or after working hours;

(d) when the employment comes to an end, return the card to the Insurance Officer and provide such information relating to the termination of the employment as the In surance Officer may require;

(e) when the card expires or is about to expire, after re quiring the employed person to sign the card and write his address on it, return it to the Insurance Officer in exchange for a new card for the new contribution year;

(f) for every contribution week for which he is liable to pay a contribution in respect of an employed person, unless with the approval of the Insurance Officer he has made special arrangements for the payment of contributions under subsection (7), pay the contribution not later than the day on which wages or other remuneration are paid for that week by affixing an insurance stamp on the em ployed person's insurance card in the space provided and cancel the stamp by writing in ink or printing across the face of the stamp the date on which it was affixed, and the provisions of this paragraph shall apply mutatis mutandis to a contribution payable on behalf of an em ployed person under section 4(2).

(6) For the avoidance of doubt it is hereby declared that an in surance stamp shall be deemed to be a stamp issued or made under the Post Office Act 1900 [title 24 item 1] for the purposes of section 409 of the Criminal Code [title 8 item 31].

(7) Notwithstanding anything in subsections (4) and (5), the In surance Officer may make special arrangements with any employer for the purposes of those subsections and any such arrangement shall have effect accordingly as if set out in this Act.

Contribution year

9 Regulations may provide for contribution years to be on any oc casion shorter than fifty-two or longer than fifty-three weeks and may modify the conditions for any benefit and any other provisions of this Act in such manner as appears to the Minister to be expedient to take ac count of the shorter or longer contribution year.

Crediting contributions to widows

10 (1) Every widow shall be credited with a contribution for every complete contribution week during which she is entitled to a widow's al lowance and is not liable to pay a contribution under this Act.

(2) Not more than one contribution shall be credited for any contribution week.

(3) This section shall not apply to any person over pension age.

Crediting contributions to insured persons incapacitated by illness or injury

11 (1) Subject to this section, every insured person shall, on making application to the Insurance Officer in the prescribed form, be credited with a contribution for every complete contribution week during which he is incapacitated for work by reason of illness or injury if, im mediately prior to the date of his incapacity, —

(a) he was an employed person; and

(b) he had paid not less than one hundred and fifty contri butions.

(2) Not more than one contribution shall be credited to an in sured person for any contribution week.

(3) If in insured person is in receipt of more than half the aver age remuneration of his employment (calculated by reference to the four weeks preceding the date of his illness or injury) for any contribution week during which he is incapacitated for work by reason of illness or injury, he shall for the purposes of section 4 be deemed to be an em ployed person gainfully occupied during that week and, in relation to any person deemed to be an employed person under this subsection, both an employed person's contribution and an employer's contribution shall be payable for that contribution week.

(4) A contribution shall not be credited to an insured person for any, contribution week in respect of which he is liable to pay a contribu tion under section 4.

(5) Any compensation received by an insured person under any other enactment in respect of any illness or injury shall be disregarded for the purposes of this section.

(6) A certificate signed by a registered medical practitioner shall be accepted by the Insurance Officer as sufficient evidence of the fact that an insured person has been incapacitated for work by illness or in jury in respect of any period.

(7) A contribution shall not be credited under this section in respect of any contribution week earlier than thirteen weeks before the

date on which application is made:

Provided that if the Insurance Officer is satisfied that there was good cause for the delay, the period of thirteen weeks may be extended.

(8) This section shall not apply to any person over pension age.

Benefits

12 (1) Benefits shall be of the following kinds —

(a) non-contributory old age pension;

(b) contributory old age pension;

(d) contributory widow's allowance (referred to in this Act as a "widow's allowance");

(e) contributory widow's gratuity (referred to in this Act as a "widow's gratuity");

(f) contributory disability benefit;

(g) non-contributory disability benefit.

(2) For the purpose of determining whether a person is entitled to a contributory benefit of any kind —

(a) subject to sections 10 and 11 and subsection (3), the contributions taken into account shall be those actually paid by, or in respect of or credited to, the person on whose insurance card the relevant contribution condi tions have to be satisfied;

(b) no account shall be taken of any contribution paid in re spect of sham employment or of any contribution paid otherwise than in accordance with this Act or any regu lations made thereunder.

(3) Where a widow claims a contributory old age pension she may elect to substitute her husband's record of contributions for her own in respect of any complete contribution year during the period when they were married:

Provided that this subsection shall not apply in any case where all or any of the husband's contributions have been taken into account in the calculation of any gratuity payable under section 15 or 17.

(4) Any reference in this Act to the yearly average of contribu tions paid by, or in respect of or credited to, any person shall be con strued as referring to that average over the period —

(a) in the case of a person over 21 years of age on 5 August 1968, beginning with 5 August 1968;

(b) in any other case, beginning with the first day of the contribution year in which he attains the age of 21 years; and

(c) in all cases ending with the last day of the last complete contribution year before the date as at which the average is to be ascertained.

(5) Notwithstanding anything in this Act, no non-contributory old age pension shall be paid in respect of any period before 5 August 1968, and no other benefit shall become payable before 5 August 1973 or in respect of any period or death before 5 August 1973.

Non-contributory old age pensions

13 (1) Subject to this Act, where a person resident in Bermuda is over the age of 65 and—

(a) possesses Bermudian status as defined in the Bermuda Immigration and Protection Act 1956 [title 5 item 16]; and

(b) has been ordinarily resident in Bermuda for a period of at least ten years during the twenty years immediately preceding the application for a non-contributory pen sion,

and is not entitled to a contributory old age pension under section 14, he shall be entitled to a non-contributory old age pension of sixty-eight dollars and twenty-four cents a week for life:

Provided that where a person entitled to a pension under this section can establish that his total income from all sources (excluding any pension granted to him under this section) does not exceed $4,000 a year he shall be entitled to a non-contributory old age pension of seventy dollars and twenty-one cents per week for so long as his income does not exceed $4,000 a year:

Provided further that in any case where a person is in receipt of social security pension from another country the pension payable to him under this section shall be reduced by an amount equal to the pension receivable by him from that country.

(2) In this section, the reference to a period of at least ten

years shall be construed as referring to any period or periods amounting to ten years during the twenty years immediately preceding the date of applica tion for such pension, and for the purpose of calculating any period of ordinary residence, such temporary absences from Bermuda as may be prescribed shall be disregarded.

(3) Without derogation from section 22, where a person who is entitled to a pension under this section is in the care of any hospital, home or other institution established under any provision of law, the In surance Officer may appoint such person as he thinks fit to receive the pension, or any portion thereof, for the benefit of the person so entitled, and any person so appointed shall, for all the purposes of this Act, be conclusively deemed to be the lawful representative of such person so entitled.

[section 13 amended by BR 43/1990 effective 16 August 1990; by BR 36/1991 effective 16 August 1991; by BR 37/1992 effective 16 August 1992; by BR 33/1993 effective 16 August 1993, by BR 44/1995 effective 16 August 1995; and by BR 49/1998 effective 16 August 1998]

Contributory old age pensions

14 (1) Subject to this Act, a person shall be entitled to a contrib utory old age pension for life if —

(a) he is over pension age; and

(b) he satisfies the relevant contribution conditions.

(2) The rates of contributory old age pension and the relevant contribution conditions appropriate thereto shall be as set out in the Second Schedule.

Old age gratuity

15 Subject to this Act, where a person has reached pension age but is not entitled to a contributory old age pension by reason only of failure to satisfy the relevant contribution conditions, he shall be entitled to an old age gratuity of a sum equal to the total value of all contributions paid by or in respect of him.

Widow's allowance

16 (1) Subject to this Act, a widow shall be entitled to a widow's allowance if at the date of her husband's death —

(a) they had been married for not less than three years; and

(b) he satisfied the relevant contributions conditions.

(2) The rates of widow's allowance and the relevant contribu tion conditions appropriate thereto shall be as set out in the Third Schedule.

(3) Subject to the following provisions of this section the period for which a widow's allowance is payable shall be the 26 weeks next fol lowing the husband's death.

(4) Where a widow would otherwise cease to be entitled to a widow's allowance at a time when she has the care of a child or children under school-leaving age, the period shall be extended until that child or the younger or youngest of such children, attains that age.

(5) Where a widow would otherwise cease to be entitled to a widow's allowance at a time when she is incapable of self-support, the period shall be extended for as long as she remains so incapable.

(6) Where a widow would otherwise cease to be entitled to a widow's allowance at it time when she is over the age of fifty, the period shall be extended for life.

(7) Notwithstanding anything in the foregoing provisions of this section, a widow's allowance shall not be payable for any period after the widow remarries or after she begins to cohabit with a man as his wife.

(8) For the purposes of subsections (4) and (5), regulations may provide for determining the circumstances in which a widow may be deemed to have the care of a child or children, or may be deemed to be incapable of self-support.

Widower's allowance

16A The provisions of sections 10, 12, 16 and 17 and the Third Schedule shall, mutatis mutandis, be read and construed as applying to a widower.

Widow's gratuity

17 (1) Subject to this Act, where the widow of a man who died be fore pension age is not entitled to a widow's allowance by reason only that her husband failed to satisfy the relevant contribution conditions, she shall be entitled to a widow's gratuity of a sum equal to the total value of all contributions paid by or in respect of him.

(2) Where the widow of a man who died after pension age is not entitled to a widow's allowance by reason only that her husband failed to satisfy the relevant contribution conditions and no claim has been made by or in respect of her husband for any old age gratuity to which he was entitled under section 15, she shall be entitled to a widow's gratuity cal culated in accordance with subsection (1).

Contributory disability benefit

17A (1) An insured person over 18 years of age and under pension age who is incapacitated for gainful employment by reason of any physi cal or mental disability shall be entitled to a contributory disability benefit of $99.11 a week where —

(a) he was gainfully employed immediately preceding the date of becoming incapacitated;

(b) the incapacity is of a continuous nature extending over a period of 52 weeks or more;

(d) the yearly average of contributions paid by or credited to him is not less than 50; and

(e) he produces a certificate from a registered medical prac titioner certifying the incapacity:

Provided that where the yearly average of contributions is 25 or over but less than 50 the benefit shall be reduced pro rata.

(2) In calculating the time for which a person is incapacitated separate periods of incapacity occurring not more than 13 weeks apart shall be reckoned as continuous:

Provided that short periods of incapacity of one week or less shall not be added together to form a continuous period of incapacity.

(3) Where for any reason the Insurance Officer is not satisfied that an insured person is incapacitated for gainful employment he may refer that person to the standing medical board appointed under section 6 of the Pensions and Gratuities (War Service) Act 1947 [title 9 item 39] who shall examine that person and report to the Insurance Officer.

[section 17A amended by BR 43/1990 effective 16 August 1990; by BR 36/1991 effective 16 August 1991; by BR 37/1992 effective 16 August 1992; by BR 33.1993 effective 16 August 1993, by BR 44/1995 effective 16 August 1995; and by BR 49/1998 effective 16 August 1998]

Non-contributory disability benefit

17B (1) A non-contributory disability benefit of $68.24 a week shall be payable to a person who is incapacitated for gainful employment and who has not paid any contributions if, and only if —

(a) he is over the age of 18 years and under pension age;

(b) he has been ordinarily resident in Bermuda for 10 years immediately preceding the application for the benefit;

(c) he produces to the Insurance Officer a certificate from a registered medical practitioner certifying that he is inca pacitated for gainful employment; and

(d) the incapacity for gainful employment is of a permanent nature.

(2) Subsection (3) of section 17A shall apply in the case of an applicant for a benefit under this section.

[section 17B amended by BR 43/1990 effective 16 August 1990; by BR 37/1991 effective 16 August 1991; by BR 37/1992 effective 16 August 1992; by BR 33/1993 effective 16 August 1993, by BR 44/1995 effective 16 August 1995; and by BR 49/1998 effective 16 August 1998]

Overlapping benefits

18 (1) Where a person would be entitled but for this section to two benefits at the same time, he shall not be entitled to both benefits but may elect, by written notice to the Insurance Officer, to receive that ben efit which is at the higher rate or otherwise more advantageous to him:

Provided that this section shall not apply to any gratuity payable under this Act.

(2) Regulations may provide for adjusting benefit payable to or in respect of any person, or the conditions for the receipt thereof, where that person is undergoing medical or other treatment as an in-patient in a hospital or similar institution.

Disqualifications

19 (1) A person shall be disqualified for receiving benefit for any period during which he is undergoing imprisonment or preventive deten tion in pursuance of a sentence passed on conviction for an offence.

(2) A person shall be disqualified for receiving a non-contribu tory pension for any period during which he is not ordinarily resident in Bermuda, and for the purpose of calculating any period during which a person is not ordinarily resident in Bermuda, such temporary absences from Bermuda as may be prescribed shall be disregarded.

(3) Any person who would be entitled to any benefit for any pe riod but for the operation of subsections (1) and (2) shall be treated as if entitled thereto for all the purposes of this Act except the payment of that benefit for that period.

Claims

20 (1) It shall be a condition of any person's entitlement to any benefit that he makes a claim in writing in the prescribed form to the In surance Officer or in such manner as the Insurance Officer may accept as sufficient in the circumstances of the case.

(2) Every claim shall be made to the Insurance Officer within thirteen weeks after the day as from which the benefit is claimed and, if not so made until later, benefit, other than any gratuity, shall not

accrue in respect of any period more than thirteen weeks before the date of claim:

Provided that, if the claimant shows to the satisfaction of the In surance Officer that there was good cause for the delay, either period of thirteen weeks may be extended.

(3) Every claimant shall produce such certificates, documents, information and evidence for the purpose of determining his claim as the insurance Officer may require, and for that purpose shall attend at such office or place as the Insurance Officer may direct.

(4) The provisions of this section shall apply mutatis mutandis to any person who wishes to raise a question under or in connection with this Act.

Payments

21 (1) Where a person is entitled to any benefit, arrangements shall be made by the Accountant General to pay that benefit —

(a) in the case of a gratuity, as soon as practicable after the award thereof; and

(b) in any other case, monthly in arrears at a rate equal to one-twelfth of the annual rate of benefit for each com plete month of entitlement.

(2) Where payment is made to any beneficiary who is absent from Bermuda, the monthly rate of benefit payable under subsection (1)(b) shall be reduced by such amount as the Accountant General may certify as being the additional cost of payment due to such absence.

(3) In computing the annual rate of benefit, the weekly rate of benefit shall be multiplied by fifty-two.

Persons unable to act; deceased persons

22 Where a claimant or beneficiary or a person who is alleged to be or to have been entitled to benefit is unable to act or dies, the Insurance Officer may appoint such person as he thinks fit to proceed with the claim or to receive the benefit, and any person so appointed shall, for all the purposes of this Act, be conclusively deemed to be the lawful repre sentative of the claimant, beneficiary or other person or of his estate.

Benefit to be inalienable

23 Subject to this Act, no benefit granted thereunder shall be assignable or transferable, or be liable to be attached, sequestered or levied upon for or in respect of any debt or claim whatsoever; and on the bankruptcy of a beneficiary, the benefit shall not pass to any trustee or other person acting on behalf of his creditors.

Repayment of benefit

24 (1) If it is found that any person has received any sum by way of benefit to which he was not entitled, he shall be liable to repay the sums so received by him:

Provided that he shall not be so liable if he proves to the satis faction of the Insurance Officer that he did not know, and could not rea sonably be expected to have known, that he was not entitled to the ben efit.

(2) Where a person is liable to repay any sum in accordance with this section that sum may, without prejudice to any other remedy, be recovered by means of deductions from any benefit to which he there after becomes entitled.

(3) Nothing in this section shall derogate from the right of the Insurance Officer or Tribunal to take into account any benefit already paid in awarding any other benefit, of the same or a different description, on appeal or review.

Determination of claims and questions

25 (1) Every claim to benefit and every question arising under or in connection with this Act shall be determined by the Insurance Officer in the first instance, after such inquiry as he may deem necessary.

(2) If the Insurance Officer disallows a claim or determines a question adversely to the applicant he shall notify the claimant or appli cant in writing of his decision, the reasons therefor and the right of ap peal to the Tribunal.

(3) The decision of the Insurance Officer on any claim or ques tion arising under or in connection with this Act shall, unless an appeal to the Tribunal is pending or the time for appealing has not expired, be conclusive for the purpose of any proceedings under this Act.

Appeals to Tribunal

26 (1) Any person who is aggrieved by the decision of the Insur ance Officer on any claim or question arising under or in connection with this Act shall have the right of appeal to the Tribunal:

Provided that no such appeal shall lie unless notice of appeal is given in writing to the Insurance Officer within thirty days after the date on which the decision was given, or such longer period as the chairman of the Tribunal may for good reasons allow.

(2) The Tribunal shall consist of three members, appointed as follows —

(a) a chairman, appointed by the Governor;

(b) one member selected by the chairman from a panel of persons nominated by the Governor as representative of the interests of employers; and

(c) one member selected by the chairman from a panel of persons nominated by the Governor as representative of the interests of insured persons:

Provided that no member of the Tribunal shall serve during the consideration of a case in which he has taken part or may take part as an interested party or as a representative of an interested party, and if the chairman of the Tribunal is disqualified to serve in any such case the Governor shall appoint a deputy chairman to serve in his place.

(3) Reasonable notice of the time and place of the hearing of the appeal by the Tribunal shall be given to the claimant and to any other person who appears to be an interested party.

(4) The Insurance Officer shall be entitled to appear and be heard at the hearing of any appeal by the Tribunal.

(5) A certificate given by the Insurance Officer as to whether or not a contribution has been recorded as paid by or in respect of any per son for any contribution week or credited to any person for any contri bution week shall be conclusive evidence of that fact for the purpose of any appeal to the Tribunal.

(6) Subject to this section, the procedure for the consideration and determination of any appeal to the Tribunal shall be such as the chairman of the Tribunal may decide, due regard being had to the prin ciples of natural justice.

(7) The decision of the Tribunal on any claim or question aris ing under or in connection with this Act shall, unless an appeal to the Supreme Court is pending or the time for appealing has not expired, be conclusive for the purpose of any proceedings under this Act.

(8) Fees shall be paid to members of the Tribunal in accor dance with the Government Authorities (Fees) Act 1971 [title 14 item 6].

(9) In the exercise of his functions under this section the Gov ernor may act in his discretion.

Review

27 (1) Subject to the following provisions of this section, any deci sion of the Insurance Officer or Tribunal may be reviewed at any time by the Insurance Officer or Tribunal, as the case may be, if —

(a) the decision was given in ignorance of, or was based on a mistake as to, some material fact; or

(b) there has been a material change of circumstances since the date of the decision.

(2) Every application for the review of a decision shall be made in writing in the prescribed from to the Insurance Officer or Tribunal, as the case may be, or in such other manner as the Insurance Officer or Tribunal, as the case may be, may accept as sufficient in the circum stances of the case.

(3) Where a decision is revised so as to make benefit payable, or payable at a higher rate, the decision on review shall have effect from such date not earlier than thirteen weeks before the date of application for review as the Insurance Officer or Tribunal may decide:

Provided that if the applicant shows to the satisfaction of the In surance Officer or Tribunal, as the case may be, that there was good cause for any delay in making the application, the period of thirteen weeks may be extended.

Appeals to Supreme Court

28 (1) Any person who is aggrieved by the decision given on any appeal or review by the Tribunal shall have the right to appeal to the Supreme Court on any question of law or on any question of mixed fact and law.

(2) The Civil Appeals Act 1971 [title 8 item 85] shall apply mu tatis mutandis to any appeal under this section.

Inspectors

29 (1) For the purposes of this Act, there may be appointed such number of inspectors as the Minister may determine.

(2) An inspector, for the purpose of performing his functions under this Act, may—

(a) enter without previous notice at all reasonable times any premises or place liable to inspection under this section;

(b) make such examination and enquiry as may be neces sary for ascertaining whether the provisions of this Act are or have been complied with;

(c) examine, either alone or in the presence of any other person, as he thinks fit, with respect to any matters un der this Act on which he may reasonably require infor mation, every person whom he finds in any such premises or place, or whom he has reasonable cause to believe to be or to have been an insured person, and to require every such person to be so examined;

(d) to exercise such other powers as may be necessary for carrying this Act into effect.

(3) Where any premises or place are or is under the control of a department of the Crown, the Government, a Government Board, a Do minion Government or the United States Government, the Insurance Of ficer may make such special arrangements with that Authority regarding inspections as meet the circumstances of the case.

(4) The occupier of any premises or place liable to inspection under this section, and any other person who is or has been employing any person, and the servants or agents of any such occupier or other person, and any insured person, shall furnish to an inspector all such information and shall produce for inspection all such documents, in cluding wages records, as the inspector may reasonably require.

(5) The premises and places liable to inspection under this section are any premises or place where the inspector has reasonable grounds for supposing that any insured person is employed.

(6) Every inspector shall be furnished with a certificate of his appointment signed by the Insurance Officer or someone duly authorized by him, and on applying for admission to any premises or place for the purpose of this Act shall, if so required, produce that certificate.

Offences

30 (1) If any person —

(a) buys, sells or offers for sale, takes or gives in exchange, or pawns or takes in pawn any insurance card or any used insurance stamp; or

(b) affixes any used insurance stamp to any insurance card; or

(c) for the purpose of obtaining any benefit or other pay ment under this Act, whether for himself or some other person, or for any other purpose connected with this Act—

(i) knowingly makes any false statement or false representations; or

(ii) produces or furnishes, or causes or knowingly allows to be produced or furnished, any docu ment or information which he knows to be false in a material particular,

he commits an offence:

Punishment on summary conviction: imprisonment for 6 months or a fine of $250 or both such imprisonment and fine.

(2) If any employer or self-employed person fails or neglects to pay any contribution which he is liable to pay under this Act, including any contribution which an employer is liable to pay on behalf of an employed person under section 4(2), he commits an offence: