The National Insurance (Benefits And Assistance) (Amendment) Regulations, 2004

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S.I. No. 46 of 2004

THE NATIONAL INSURANCE ACT

(Chapter 350)

THE NATIONAL INSURANCE (BENEFIT AND

ASSISTANCE) (AMENDMENT) REGULATIONS, 2004

The Minister, in exercise of the powers conferred by sections 23, 24, and 62 of the National Insurance Act, makes the following Regulations -

1.(1)

These Regulations, which amend the National Insurance (Benefit and Assistance) Regulations, may be cited as the National Insurance (Benefit and Assistance) (Amendment) Regulations, 2004.

Citation and commencement.

Sub. Leg. Vol. V, Ch. 350 - 1.

(2)

Regulation 5 of these Regulations shall be deemed to have come into operation on the 1st day of January, 2002 and regulations 1, 2, 3, 4, 6 and 7 shall come into operation on such date as the Minister may appoint by Notice published in the Gazette.

Regulation 2 of the principal Regulations is amended in the definition of "confinement" by the deletion of the words "twenty-eight" and the substitution therefor of the words "twenty-four".

Amendment of regulation 2 of the principal Regulations.

Regulation 36 of the principal Regulations is amended by the deletion of paragraph (2) and the substitution of the following -

Amendment of regulation 36 of the principal Regulations.

"(2)For the purposes of paragraph (1) of this regulation, regulation 37 and paragraph (1) of regulation 38, the date from which a benefit is due to commence shall be the day which is six weeks before the expected date of confinement, or from the day following the day the woman stops remunerative work in respect of her confinement, whichever is later.".

Regulation 37 of the principal Regulations is repealed and replaced as follows -

Repeal and replacement of regulation 37 of the principal Regulations.

"Duration of maternity benefit

37.(1) Subject to the provisions of these Regulations, maternity benefit shall be awarded to a woman for a continuous period of thirteen weeks starting from the date as defined in paragraph (2) of regulation 36.

(2)Subject to the approval of the Director, the benefit period may be broken where a child is required to be hospitalized and the mother of that child returns to remunerative work.

(3)Where the benefit period referred to in paragraph (2) is broken the balance of the benefit payments shall be paid when the mother resumes her leave to care for the child:

Provided that the benefit payments shall not be payable once twenty-six weeks after the actual date of confinement has elapsed.

(4)The period of thirteen weeks referred to in paragraph (I) may be extended up to six weeks where a woman is suffering from an incapacity as a result of any illness arising out of such confinement.

(5)The period of thirteen weeks shall he extended by one week for each week that the actual date of confinement is later than the week in which the confinement was expected.

(6)Where a woman dies prior to the expiration of the said period of thirteen weeks, any unpaid portion that would have otherwise been paid but for her death, shall be paid in a single sum in accordance with regulation 101.

Amendment of regulation 38 of the principal Regulations.

(7)For the purposes of paragraph (2) 'a child' means a child resulting in confinement under this regulation.".

Regulations 38 of the principal Regulations is amended -

(a)

in paragraph (1), by the deletion of the words "sixty" and the substitution therefor of the words "sixty-six and two-thirds";

(b)

in the proviso to paragraph (1), by the deletion of the words "60%" and the substitution therefor of the words "sixty-six and two thirds per centum"; and

(c)

by the insertion immediately after paragraph (4) of the following new paragraph -

"(5)The daily rate of maternity benefit shall be one-sixth of the weekly rate; Sunday or such other day as may in any case be substituted therefore by the Director, shall not qualify for the payment of maternity benefit.".

Regulation 44 of the principal Regulations is amended -

Amendment of regulation 44 of the principal Regulations.

(a)

by the renumbering of the regulation as paragraph (1); and

(b)

by the insertion immediately after paragraph (1) of the following new paragraph -

"(2)Where a woman has not paid the requisite number of contributions specified in paragraph (1) and her spouse has paid the requisite number of contributions as is required of a woman in accordance with regulation 36(1), the grant referred to in paragraph (1) shall be payable.".

Paragraph (2) of regulation 74 of the principal Regulations is amended by the deletion of the words "more than twenty-five per centum" and the substitution therefor of the words "twenty-five per centum or more".

Amendment of regulation 74 of the principal Regulations.

Made this 11th day of June, 2004.

Signed

D. SHANE GIBSON

Minister responsible for National Insurance

Bahamas Statutory Instruments

The National Insurance (Benefits And Assistance) (Amendment) Regulations, 2004