Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694252577578.pdf (Guyana)
168 No.

27 of 1969.

THE NATIONAL INSURANCE AND SOCIAL SECURITY ACT, 1969.

THE NATIONAL INSURANCE AND SOCIAL SECURITY (CLAIMS AND PA\MENTS) REGULATIONS, 1969.

In exercise 21 and 51 of the sections 1969, and by virtue in that behalf of the powers conferred upon the Minister by Security Act, a:nd Social Insurance of all other powers enabling him and in exercise N�tional the following Regulations are hereby made:- Citation and com­ mencement.

1.
1.

These Regulations may be cited as the National Insurance Regulations, 1969, and (Claims and Social shall come into operation and Payments) on the appointed Security day.

2.

( 1) In these Regulations, unless the context otherwise Jnterpre­ tatioo.

No.
15 of 1969. requires - "Act", means the National Insurance and Social Security Act, 1969; "derermining authority" means, as the case may require, the Board or the Director, Insurance National in accordance in force; "draft" Commissioner with any Regulations or the appeal tribunal or the appointed means a draft,, ( except a serial whatsoever • ihrough voucher, order or any other in­ order) which is a post office, an office of the Board for the time being or constituted strument payable or a bank; "pension order" means an order for the payment through a post office or an office of the Board of a fortnightly sum on account • of a pension; "sedal order" means one of a �ries of orders including orders, pension or an office of the Board of a sum on account which is or has been contained for th� payment through a post office in a book of such orders.
of benefit PARTl Claims Claims to be made in writine.

.. 3.

Every claim for benefit by the Board for the purpose, shall be made in writing to the or in such Director on the form approved other m~er (being in writing) as the Director may accept as sufficient in the circumstances of any particular case or class of cases.

1~9 4.

Board.

.

Forms of claims shall be supplied wit out c arge ' Y e claim forms .

.

h th h b .

Supply of 5.


Where a claim for benefit has been made on an approved ~;:i:,i~ri~~; on for1m o.ther than the form appropriate to the benefit claimed, the claim torms.

may be treated as if it had been made on the appropriate form : Provided that the Director may in any such case require the claim ant to complete the appropriate form.

h d 'fi 6.

( 1) Every person who makes a claim for benefit shall furni s!1 Inform ~tion 10 be g,vcn sue cert1 cates, ocuments, .
ormat1on an ev1 ence or t e purpose when making of determining the claim as may be required by the Director and, if ge~~2J~ for so required, shall for th at purpose attend at such office or place as the Director may direct.

inf 'd d h f .

(2) Every person who makes a claim for benefit in respect of a child sha11, in particular, furnish such certificates relating to the birth of the child and such other information as the Director may require.
(3) Every person who makes a claim for funeral benefit shall in particular furnish the following information- (a) if required, a death certificate relating to the deceased; (b) if required, the estimate or account of the undertaker; (c) in the case of any council, association or other autfuor- ity, such particulars rel ating to the relevant person as may be required .

.
.

(4) The Director may accept in support of claims and in the absence of the certificates or documents aforementioned- (a) as proof of kinship or marriage other documentary evidence or evidence of a trustworthy third person; or (b) as proof of age, extracts from baptismal records or school records or such other evidence as he considers satisfactory.
7· ( 1) If, owing to the absence of due signature or of due certifi- Amendment cation, a claim is defective at the date of its receipt by the Director, t:r~:_;m the Director may refer the claim to the claimant, and if the form is returned duly signed and certified within one month from the date on which it is so referred, or such other period as the Director may in any special circumstance specify, the claim may be treated as if it had been· duly made in the first instance.
(2) Any person who has made a claim for a benefit in accordance with the provisions of these Regulations may amend his 170 claim at any time before a decision has been given thereon by noti~e in writino delive;ted or sent to the office of the Board, and any claun so amend~d be treated as if it had been duly made in the first instance.

rnterchan g: with cl~ims fo r other benefi ts.

8.


Where it appears that a person who has made a claim for benefit is not entitled thereto, but may be entitled to some other benefit any such claim may be treated by the Director as a claim in the altern ative for that other benefit.

PART II Payments Time and ma11ner of payment of benefits.

oth,.r pensions.

than 9.
Subject to the provisions of these Regulations, benefit shall be paid in acco rdance with an award thereof as sooo as practi cable after such an award has been made by the determining author ity, in the following manner: - (a ) in the case of sickness oenent or maternity benefit or injury benefit , by means .oI drafts or by other mean in cl uding cash payment in the home or at an office of the Board if the circumstances of any particular case appear to the Di rector to render this appropria~; (b) payments under paragraph (a) of this regulation shall be made weekly or fortnightly, but where payment is due fo r a period covering less than a week, there shall be paid after the end of that period an amount equal to the proportion of the rate of benefit which the number of days in that period, Sunday being dis regarded, bears to six; ( c) i:n the case of funeral benefit and in the case of old age benefi t, invalidity benefit and survivor's benefit where such benefits consist of a single payment, by means of draftl5 or by such other means as appear to the Director to be appropriate in the circumstances of any particular case: Provided that a person who applies for benefit or payment shai!
produce on reqt1est satisfactory particulars of his identity.

Time and manner of payment of pensions.

10.

(1) Subject to the provisions of these Regulations, pensfons shall be paid fortnightly on the basis of one week in arrear and one week in advance by means of pension orders payable in each case to the pensioner at such post office or office of the Board as the Director after enquiry of the pensioner may from time to time determine.
171 (2) In every case in which there is an award by the deter mining authority under which a pension is payable, the Board shall cause arrangemen~s to be made whereby on fu_rnishing such evidence as to identity and such other particulars as may be required the pensioner ,may obtain a book of pension orders and the pensioner shall be notified of llhe appropriate place at which he may obtain such a book aind of the arrangements so far as they affect him.
(3) The Board shall arrange where appropriate for the issue to every pensioner of a fresh book of pension orders on the expiration of the previous book.

( 4) Fortnightly sums on account of pensions shall be payable on such day of the fortnight as the Board may in respect of any pen sion determine.

remain the propertv of the Board.

11.

( 1 ) A hook of pensaon orders issued to any person shall Books or pension orders to remain J (2) Any person having a book of pension orders or any ~~il,1 ::1,oard.
unpaid pension order shall, on the termination of the p,ension to which suoh book or order rdates or whoo requested by an otlicer ot the Board, deliver such book or order to the Board or to such person as the Board may direct.

12. tl:e Board .

f "' may arranoe- l d Notwithstanding anything contain'cXI .in these Regulations, Board may make other arrangements for payment . )

.
.

(a m any case where t 1e ate as rom w 1cn a pell!S1on ~t pens1on would commence or as from which a change in the ~~s~:~tam rate of pension would take effect is a day other than the day determined by the Board under paragraph ( 4) of regufatio;i 10 for the payment of that pension, that the pension shall commence only, or the change in the rate of pension !

':hall take effect only, as from the next such day; h' .

.
.

(b) in any case where the date as from which a pension would cease to be payable is a day other than the day immediately preceding the day determined by the Board under paragraph ( 4) of regulation 10 for tihe payment of that pension, that the pension shall con tinue to be payable up to but not including the next such day.

13.

Notwith~tanding anything contained in these Re!

?Ulations Olhcr times the Board may in any 1:articular c:ise or class o!
cases arr;nge for ~r!11~:1'ei:1 the payment of a pension otherwise than fortmghtly or otherwise of pensiom.

than by means of pension orders payable to the pensioner.

Late clai rn5 for benefit • t.;.

172 14.
( 1) The prescribed time for claiming benefit shall be - ( a) in the caste of sick.nes::; benefit or injury beudit, not later than four days from the earliest day in respect of which tbc claim is made; ( b ) in the case of maternity benefit - (i) in respect of expectation of confinement, within the period ot four weeks beginning with the ninth contribution week before the contri~mtion week in which it is expected that the cla imant will be confined; ( ii ) where con linemen, has taken place, within the period of four weeks beginning with the date of confinement; ( c) in th:> case of old age benefit, invalidity benefi t, survi vor's benefit, disablement benefit and death benefit, within the period of three months from the date on which, apart from sat;isfying the condition of making a daim , the claim ant becom~s entitied thereto; ( d) in the case of funeral benefi t, the period of 1six months from the date of death of the deceas~d.
(2 ) A person fa iling to m ake a claim for benefit within the prescribed time shall be disqualifi~d for receiving - (a ) in the case of sickness benefit or injury benefit, benefit in respect of any day more than four days before the date on which the claim is made; (b ) in the case of maternity benefit, benefit in respect of any period before the beginning of the contribution week in which the claim is made; ( c ) in the case of old age benefit, invalidity benefit, sur·· 1benefit and death vivor's benefi.
't, disablement benefit- (i) where such benefits consist of a pension, benefit in respect of any period more than three months before the date on which the claim is made: (ii) where such benefits consist of a single payment.
the single paym\':nt; (d) in the caste of funeral benefit, the benefi t : Provided that, if in any case the claimant proves- ( i) tlrnL ou a dale eariier than the date on wi,ich the claim was made, apart from satisfying the concti .. 173 tion of making a claim, he was entitl~ to the benefit; and ( ii) th at throughout the period between the earlier darte and the date on which the claim was made there was good cause for delay in making such claim, he shall not be disquiilified under this paragraph for receiving any benefit to which he would have been entit'1ed if tJhe claim had been made on the earlier date except that in the case of malternity 'benefit, in respect of expectatfon of confinem1ent the foregoing proviso shall be applied Oillly if the claim is made before the1 date of confincmfent: Provided furtht:r that no sum shall be paid to any person on account of - (i) sidness benefit or maternity benefit or on ac count of old age benefit, invalidity benefit or survivor's benefit where such benefit consists of a pension, in respect of any period more than six months before the date on which the claim therefor is duly made; (ii) benefit other t!han funeral benefit consisting of a single payment if the claim therefor is not dulv made· within six months after the date of entitlement thereto; and (iii) funeral 1-Jenefit if the claim therefor is not dulv made withln twelve months after the date of the death of the person in respect of whom the benefit is payable.
, h .d h 15.

( 1) The right to any sum payable by way of benefit shall be Extingutsh- ti.

ex ngms e w ere payment ·• ereo 1s no.

o ame w1 m t e per10 to sums pay- of six months from the date on which that sum is receivable in accord- able by way ance with the following provisions of this regulation: t bt .

d , d ment of right 'th.

.

+h f , h • .

Provided that m calculating the said period of six months no within the prescribed account shall be ta;~en of- - • ~~i~~n~~!
not obtained (a I any period during which a f.erial order or draft con taining the sum is in the possessiion of the Board or any post office at which it is payabk, other th:m a period after written notice has been given that the seri:ll order or draft is available for collection ; (b) any period during which the Board has under con sideration any representation that a serial order or draft containing the sum has not been received or has been lost, mislaid or stolen; ( c) any period during which the person concerned is for 174 the time being unable to act by reason of any mental incapacity, subject to the qualification that the total period disregarded on account of such inability to act shall not exceed one year; or ( d ) any period during which the determination of any question as to such extinguishment is pending.
(2) For the purposes of this ~egulation , a sum payable by way of benefit 1shall, subject to the provision of paragraph (3) of '!
'.his regulation and of paragraph ( 3) of regulation 18, be receivable- (a) in the case of a \Clum contained in a serial order, on the date on which the order is due to be paid ; ( b ) in the case oi a sum contained in a draft- ( i ) if the draft is sent through the post, on the date on which it would be delivered in the ordinary course of post; and (ii) in any other case, on the date of issue of the draft: ( c) in the case of a sum not contained in a serial order or draft.
where notice is given orally or in writing that the sum is available for collection - ( i ) if written notice is sent through the post , on the date on which it wouM be delivered in the ordinary course of pc,st ; and (ii) in any other case, on the date of the notice; and ( d) in a ny case to which none of the prececlin~ snh-para Q"raphs of this paraQraph applies.
six months ( or such lon ger period as the Director may derermine in the circumstances of any p a rticular case ) after the date on whit.h the sum became p ayable.
(3 ) In determining when a sum is receivable under the pro V'ISIOns of paragraph ( 2 ) of this regula tion the following provisions shall apply - (a) If a pl!rson proves that through no fault of his own he did not receive -any such serial order or draft or written uotice until a date later than the appropriate receivable date de termined in accordance with the provision of paragraph ( 2) of this regulation the sum contained in the order or draft or referred to in (ii ) on the date which is si x mooths after ih c said the notice sh all be receivable - - ( i ) on that late r date ; o r 175 appropriate receivable date, (b) whichever is the earlier.
If a person proves that through _no fault of his own he has not received any such senal order or draft or v.Titten notice, the sum ·contained in the original order or draft or referred to in the notice shall be receiv able - (i) on the date determined in accordance with the provisions of paragraph (2) of this regulation on the bas1s of the issue of any further order or draft or notice in respect of thalt sum; or (ii) on the date which is six months after the re ceivable date determined in accordance with the provisions of paragraph (2) of this regulation on t.1he bas:is of the original order or draft or notice, whichever is the earlier.
(c) Subject to the provisions of paragraph ( 3) of regula tion 18 and of sub-paragraph (b) of this paragraph a sum which in accordance with the foregoing provi sions of this regul c>.tion was receivable on any date, shall remain receivable on that date notwithstanding the i~stie since that date of a serial order or draft or notice in respect of that sum or any part thereof.
( 4) Any sum nayable by way of benefit to a person who is for the time being unable to act shall be receivable in accordance with the foregoing prov,isions of this regul ation, notwithstanding his inability to give a receipt therefor.

16.
Every beneficiary and every person by whom or on whose rnr~rma1ion behalf sums payable by way of benefit are receivable shall furnish in such ,~tene ~b~:?n manner and at such times as the Board may determine such certificates ~~" i;:;~~-nt and other documents and such information of facts affecting the right to benefit or to the receipt thereof as the Board may require (either as a <;ondition on which any such sum or sums shall be receivable or otherwise), and in particular shall notify the Board in writing of any change of circumstances which he might reasonably be expected to know m!ght affect the right to benefit, or to the receipt thereof, as soon as practicable after the occurrence thereof.
PART ID Miscellaneous Prnvisions 17.

(1) In the case of any person to whom benefit is payable or Persons who is alleged to be entitled to benefit or by whom or on whose behalf u~abte 10 a claim for benefit has been made, and who is a child or is unable for ac,.
the time being to act, where no person or authority has been duly 176 appointed under the law to have oharge of his estate the Board may, upon written application being made to it, appoint a person to exercise on behalf of the child or person who is unable to act any right to which that child or person may be entitled under the Act and to receive and deal with any sums payable on behalf of such child or person: Provided that- (a) any such appointment by the Board ·shall terminate on the day immediately prior to the date on which the Board is notified that a person or authority has been so appointed; (b) a person who has not attained the age of eighteen shall not be capable of being appointed to act under this regulation; (c) the Bo:::rd may at any time in its discretion revoke any appointment made under this regulation; and t d) any person appoir,ted under this r.:!gulation may, on giving the Board one month's notice in writing of his intention to do so, resign his office.
(2) Anything required by these R egulations to be done by or to any such persnn as aforesaid who i a child or who is for the time being unable to act ,maY be clone by or to the person or authority duly appoi!llJted under the law to have charge of such person or of his estate or by or to the person appointed under this regulait!ion to act on behalf of such person, and the receipt of any person appointed under this regulation shall be a good •discharge to the Board a nd the Fund for any sum paid, notwithstanding tha:t such person has not aHained the age of twenty- one.
18.

(1) On the death of a person who has made a claim for bene fit or who is alleged to have been entitled to benefit, or in respect of whose death funeral benefit is alleged to be payable, the Board may appoint such person as it thinks fit to proceed with or to make a claim for.
the hcnefit, and the pro".ision_s of these R egulations .shall apply snbJ'cCt to the necessary mod1ficat1ons to any such claim: Provided that in the case of funeral benefit a claim may be made by any person specified in paragraph (2) of this regulation.
(2) Subject to the provisions of paragraph (7) of this regula- tion any sum payable by way of benefit which is payable under an award on a claim proceeded with or made under paragraph (1) of this regulation may be paid or dbtributed by the Board to or amo.ncrst pers?ns claiming as personal representatives, legatees, next of kin, ~r creditors of the deceased ( or, where the deceased was illegitimate, to or amongst other persons), and the provisions of regulation 15 shall apply to any such payment or distribution: Provided that- ( a) the receipt of any such person who has attained the Payments on death.
177 age of sixteen shall be a good dicharge to the Board and the Fund for any ,sum so paid; and (b) where the Board is satisfied that any such sum or part thereof is needed for the benefit of any person under the age of sixteen, the Board may obtain a good dis charge therefor by paying the sum or part thereof to a person over that age (who need not ?e a person spe~- fied in this paragraph of this regulation) who satisfies the Board that he will apply the sum so paid for the benefit of the person under the age of .
;;ixteen.
(3) Subject as aforesaid any sum payable by way of benefit to the deceased, payment of which he had not obtained at the date of his death, may, unless the righ t thereto was already extinguished at ~hat date, be paid or distributed to or amongst such persons as are mention ed in paragraph (2) of this regulation and the provisions of regulation 15 and of the proviso to the said paragraph shall apply to any such payment or distribution: Provided that for the purpose of paragraph (1) of regulation 15, the p~riod of six months shall be calculated from the date on which the sum was receivable by any such person, and not from the date on which it was receivable by the deceased, and for this purpose the refer~nce in sub-paragraph (d) of paragraph (2) of regulation 15 to the date on which the sum became payable, shall be coos.Lrued as a refcr ooce to the date of ripplication ,to tihe Board made in accordance with paragrzph (6) of this regulation.
(4) In relation to funeral benefit, the reference in paragraph (2) of.

this regulation to creditors shall include a reference to any person who gives an undertaking in wri ting to pay the whole or part of the deceased's funeral expenses, so, however, that any payment of funeral benefit to a person by virtue of this paragraph shall be subject to the condition that if the person fails to carry out any such under taking he shall repay to the Fund any funeral benefit so paid to him .

.
.

(5) Where any person has received an amount by way of funeral benefit by virtue of the provisions of this regulation and is en titled to reimbursemen t of the deceased's funeral expenses out of the deceased's estatie, his right 1to such reimbursement shall be reduced by the amount of the funeral benefit received by him.

(6) Paragraphs (2) and (3) of this regulation shall not apply in any case unless written application for the payment of any such sum 1s made to the Board within !
;ix months from the date of the deceased's death or within such longer period as the Board may aTiow in any particular case.

178 (7) The Board may dispense with strict proof of the title of any person claiming in accordance with the provisions of this regulation.

19.
19.

If any person contravenes or fails to comply with any of these Regulations he shall be guilty of an offence and shall be liable on summary con vic,tion to a fi ne not exceeding one hundred doliars, or where the offence consists of continuing any such contravention or failure after conviction thereof, one hundred dollars together with a further ooie hundred dollars for each day on which it is so continued.

Offences.

Made this 18th day of September, 1969.


W. CARRINGTON, Minister of Labour and Social Security.