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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. |
2. 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. |
3. 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.". |
4. 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principal Regulations is repealed and replaced as follows - | Repeal and replacement of regulation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.". |
5. 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.". |
6. 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.". |
7. 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 |