Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694250762601.pdf (Guyana)
Pobli5hed on the 2nd day of September, 1969 119 No.

18 of 1969.

THE NATIONAL INSURANCE AND SOCIAL SECURITY ACT, 1969.

THE NATIONAL INSURANCE AND SOCIAL SECURITY (CLASSIFICATION) REGULATIONS, 1969 In exercise of the pO\vers conferred upon thre Minister by sections 11, 12 and 51 of the National Insurance and Social Security Act, 1969, and by virtue and in exercise of all other powers enabling him in that behalf the following Regulations are hereby made:- 1.
These Regulations may re cited as the National Insurance Citation and and Social Security (Clas-sification) Regulations, 1969, and shall come Cc,mmencc- into operation on Lhe appointed day.

mcnt.

2.

In these Regulations, unless the context otherwise requires- Interpretation.
"Act means the National Insurance and Social Security ~~- 15 of Act, 1969; "contribution week" means a period of seven days com mencing after twelve o'clock midnight on each Sunday and ending at twelve o'clock midnight on the Sunday next following; "hospital'' means any instituition for the reception and treatment of persons suffering from illness or mental defecti~ness, any ma/terniey home, and any institution for the reception and t.rreatment of per sons during convales cence or persons requiring medical rehabilitation, and in cludes clinics, dispensaries and out-patient departments maintainred in connection with any such institution or home as aforesaid; "Schedule'' means a Schedule to tihcse Regulations.
3.

(1) Subject to the provisions of paragraph (2) of this regulation c:assification and of Regulation 4 and 5, every insured person shall, in respect of of insured any employment specified in Part I of the First Schedule, be treated p~rsons.

for the purposes of the Act as an employed person in so far as he is First Schedule.

gainfully occupied in such employment.


(2) Subject to the provisions of Regulations 4 and 5, every insured person shall, in respect of any employment specified in any paragraph of Part II of the First Schedule, be treated for the purposes of the Act as a self-employed person in so far as he is gainfully First Schedule.

occupied in such employment.


(3) Every person under the age of sixteen years or of the age of sixty-five years and upwards in insurable employment shall be insur ed for industrial benefits only.

L 4.

Any employment specified in any paragraph of the Second Exchi~ion of ~crtatn cm- Schedule shall be treated for the purposics of the Act as not being em- plc,yments.

ployment either as an employed person or as a self-employed person.

~~1td Sebo- 120 5.
~~1td Sebo- 120 5.

( 1) If in any contribution v."'eek an employed person is engaged !

:m~t".ym~nt ~~ ~~~teart· in employment involving part-it:ime service only, and his wages from any one employer amount to less than seven dollars and fifty cents then, onty.

subject to paragraphs ( 2 ) and ( 6) ot this regulation, he shall, with respect to such employment by such employer in such week, be treati!d as a self-employed person.
Provided that where two or more employers have an agreement under the provisions of paragraph 4 of regulation 25 of the National Insurance and Social Security (Colleotion of Contributions) Regulations and his total wages exceed seven dollars and fifty cents in any contribution ~ek he shall be treated ,a,s an employed person.
(2) If in any contribution week an employed person is engaged in employment involving part-time service only, and his wages (or, if he is so employed by different employers, the aggregate of his wages) in respect thereof amounts to less than five dollars then subject to paragraph ( 5) of this regulation he shall, with respect to such employ ment (or each tSuch employment) in such week, be treated as not being employed either as an employed person or as a self-employed person.
( 3) For !the purposes of this regulation, if in relation to any contribution week- (a) a person is employed by any one employer on any day or days on which that person tenders service in that employment on terms whereby his wages are calculated otherwise than on a task or piece-work basis; and (b) such services are not rendered by that person for that employer in that week for more than twenty hours; and (c) the employment is not in continuation of employment by that employer in which services are ordinarily ren dered by the employed person for more than twenty hours in a week, that e_mploymei_it shall tor that wrek be deemed ~o be emplo!
)'men t mvolvmg part-tune service only.

( 4) For the purposes of this regulation, if, in relation to any contribution week - (a) a person is employed by any one employer on any day or days on which that person renders service in that employment on terms whereby his wages are calculated either wholly or partly on a task o; piece.
work basis; and ( b) the wages of that person from that employer in re spect of such employment amounts to less than seven doilars and fifty cents for that week; and ( c) the employment is not in continuation of employment by that employer in respect of which the wages of :the employed person from the employer ordinariiy amounts to s1.wen dollars and fifty cents or more in a week (or the equivalent for periods longer than a week), " r 121 that employment ishall for that week be deemed to be employment involving part-time service only.
( 5) Any ix:rson who by virtue of paragraph (1) of this regu lation is tireated as a self-employed person, or who by virtue of para graph (2) of this regulation is treated as neither an employed person nor a self-employed penson, shall not be debarred from receiving industrial benefits notwithstanding the fact that contributions have not been paid in respect of his insurable employment.
(6) In paragraphs (1) and (2) of this regulation, the expres sion "employment i11v0lving part--time servioe only" means any employ ment deemed to be such by virtue of paragraph (3) or (4) of this regulation.

6. hall b l person an regarded as continuing, notwithstanding that in any particular week he does not work as a self-employed person, unless and until he is no longer ordinarily employed as a self-employed person.

Whicre an insured person is employed as a self--en;ployed En,ployment .
treated as e continuing.

1s or man y so emp oye , t at emp oyment s, d" d h d 1 ·1 7.

( 1) Where under the provisions of the Act and Regulations Sp~cial pro ' .

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particular mg per;ons thereunder relating to references and appeals to the High Court, the yision~ regard.

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h C our!
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ae..::1des any quesuon as to t e c ass o 1asure persons ~eclared 10 tie ig in wnicn a person is to be mc1ude,ct and Mat deci~1on 1s mco11sistem mcl,!dcd '" 3 wltn some J;lfC VlO US c.icLermmauun 01 a quesuon oy tne lioaru, w en, class of insur- 11 we .ooa.ru 1s :,ausilt:.

:U mat ~outnouuun:, or a p110r 1,;iass nav..: Ot:.:t:.
:ll paici by or m respect of any person by reason of that deiermination or in the reasonable belief that that determination wais applicable, the Board may, if it appears to it tihat it would be in the interest of the person by or in respect of whom such contribUitii.ons havie been paid, or of any claimant or beneficiary by virtue of that person's iinsur- mce, so to do, direct that that person shall be treat;;:d as though he aad been included in the class of insured persons corresponding to th;;: :ontributions paid during any contribution week for wnich contribu- ti0111S of a prior class were so paid before the date on which the decision of the High Court was given, and, ,if such a direction is given, that person shall be de~med to have been included in that class ac cordmgly tor any such weeks.
ed persons.

(2) In any case where the Board, on new facts being brought tJo its notice, has revised a determination of a question previously given by it, the provisions of this regulation 1shall apply with the necessary modifications in the same manner as they apply where the High Court has given a decision inconsistent with a determination previously given by the Board.
( 3) In this regulation, the expression "contributions to a prior class" means - (a) in relation to a person who is not employed either as an employed person or as a self-employ-cd person, coutributions as an employed or self-employed person and employer's contributions; and (b) in relation to a self-employed person contributions as an employed person and employer's contri!>utions.
122 FI RST SCHEDULE PART l Regulation 3 (Employments in respect of ,.vbich persons are treated as employed persons) 1. tioner - E mployment of a medical practitioner or a dental practi (a) involv~ng whole-time service in any hospital; or (b) in which he is wholly or mainly engaged and is re munerated by salary.

PART II (Employm.

'!nts in respect of which persons are treated as self-employed persons ) 2.
Employment of a person in any of the following offices, namely, Governor-General; Speaker of the National Assembly; Deputy Speaker of the National Assembly; Ministers; Parliamentmy ecretaries ; Leader of the Opposition; Members of the National Assembly.

3.
3.

Employment of a person ordinarily resident in Guyana in any employment by virtue of which he would, but for the provisi_ons of this paragraph, be an employed person if- (a) his employer is not ord5.narily resident in Guyana; and (b) hi:- employer has no place of bU1Siness in Guyana.

4.
4.

Employment as an agent paid by com.mission or &es or a share in the profits, or partly in one and partly in another of such ways, where the person so emplo~ is mainly dependent for his liveli hood on his wages from some occupation other than employment as .such an agent or where he is ordinarily employed as such an agent by more than one employer, and bils, ,employment under no une of such employers is that on which b~ is mainly dependent for his livelihood.

5.
5.

Emp!oyment under a contract of service by a person's wife.

SECOND SCHEDULE Regulation 4 (Employments in rnspect of which persons are treated as NOT being employed persons or self-employed persons) .

123 1.

Employment of a married woman (whether or not under contract of service) by, or as partner of, or in any si,milar association with, her husband.

2.
2.

Employment of any person who is not a citizen of Guyana and who by virtue of - (a) the Vienna Convention on Diplomatic Relations 1961, or (b) thic Vienna Convention on Consular Relations 1963, is exempt from the application of social security provisions in fo,rce in Guyana.

3.

Employment of any person by any international organis- ation of which Guyana or the Government of Guyana is a member and to whom any scheme for social security benefits operated by the organisation applies.
For the purposes of this paragraph ''intemaltional organisation., includes a regional organisation of which Guyana or the Government of Guyana is a member.

4.

Employment or service of any person who is not o citizen of Guyana as a member of thie armed forcejSI of any country ot!her than Guyana.

Made this 26th day of August, 1969.

W. CARRINGTON, Minister of Labour and Sooial Secnrity.