32.02
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–17
CHILDREN’S LIFE FUND ACT
CHAPTER 29:01
Act
12 of 2010
UNOFFICIAL VERSION
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Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.
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CHAPTER 29:01
CHILDREN’S LIFE FUND ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Commencement.
3. Interpretation.
4. Establishment and function of Children’s Life Fund and Authority.
5. Appointment of Board of Management.
6. Publication of names of members in the Gazette.
7. Termination of appointment.
8. Resignation of members.
9. Functions of the Board.
10. Proceedings of the Board.
11. Emergency meetings.
12. Secretary.
13. Disclosure of interest.
14. The Minister may give direction.
15. Chief Executive Officer.
16. Functions of the Chief Executive Officer.
17. Life Unit.
18. Duties of Life Unit.
19. Eligibility of beneficiaries.
20. Application.
21. Life Unit to assess applications.
22. Investment manager.
23. Functions of the investment manager.
24. Staff.
25. Financial resources.
26. Investment of assets.
27. Taxation.
28. Children’s Life Fund to be a public account.
29. Board to report to Minister.
30. Financial statement to be laid in Parliament.
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31. Non-disclosure of information.
32. Minister may amend Schedules.
33. Regulations.
SCHEDULE 1.
SCHEDULE 2.
ARRANGEMENT OF SECTIONS—Continued
SECTION
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12 of 2010.
Short title.
Commencement.
293/2010.
Interpretation.
Establishment
and function of
Children’s Life
Fund and
Authority.
CHAPTER 29:01
CHILDREN’S LIFE FUND ACT
An Act to establish the Children’s Life Fund as a charity
and for related matters.
[*ASSENTED TO 13TH DECEMBER 2010]
1. This Act may be cited as the Children’s Life Fund Act.
2. This Act came into operation on the 17th of
December 2010.
3. In this Act—
“Authority” means the Children’s Life Fund Authority
established under section 4;
“beneficiary” means an unmarried person under the age of
eighteen who is eligible to receive a grant to access medical
treatment under this Act;
“Board” means the Board of management appointed under section 5;
“Chairman” means the member elected under section 5(4);
“Children’s Life Fund” means the charity established under section 4;
“family” means the beneficiary’s parent or legal guardian, as the
case may be, who is legally responsible for the medical
expenses of the beneficiary;
“income” means gross annual income received by a family;
“Life Unit” means the unit established under section 17;
“member” means a member of the Board appointed under section 5;
“Minister” means the minister with responsibility for health;
“senior public officer” means a public officer employed at
range 54 or above.
4. (1) There is hereby established—
(a) a charity to be known as the Children’s Life
Fund; and
*See section 2 for date of commencement of Act.
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(b) a body corporate to be known as the Children’s
Life Fund Authority.
(2) The functions of the Authority are to—
(a) operate, manage and administer the Children’s
Life Fund;
(b) facilitate the provision of specialist medical
treatment to children suffering from life
threatening illnesses for which the required
treatment is unavailable at a local medical
institution;
(c) manage the Life Unit; and
(d) collect and invest funds.
5. (1) The President shall appoint a Board of Management
for the purposes of general administration and management of
the affairs of the Authority.
(2) The Board shall comprise nine members as
follows:
(a) a medical practitioner who is a senior public
officer nominated by the Minister;
(b) a senior public officer nominated by the
Minister with responsibility for finance;
(c) a senior public officer nominated by the
Minister with responsibility for Tobago affairs;
(d) a senior public officer nominated by the Tobago
House of Assembly;
(e) four individuals who are not public officers
nominated by the Minister; and
(f) the Chief Executive Officer of the Authority,
who shall be an ex officio member.
(3) The members shall be selected from among persons
with qualifications and proven competence in varying fields of
expertise including health, finance, investment, business
management, law and social work.
(4) The members shall elect from among their
number a Chairman, who shall serve for no longer than four
years in aggregate.
Appointment of
Board of
Management.
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(5) A member shall be appointed for a term of three
years and shall be eligible for reappointment.
(6) No member shall serve for more than two
consecutive terms.
6. The names of the members of the Board as first
constituted and every change in the membership thereafter, shall
be published in the Gazette and in two newspapers in daily
circulation in Trinidad and Tobago.
7. The President may terminate the appointment of a
member where the member—
(a) becomes of unsound mind;
(b) is unable to carry out his duties;
(c) becomes bankrupt or compounds with his
creditors;
(d) is convicted of a criminal offence;
(e) fails to carry out any of the duties or functions
conferred or imposed on him under this Act; or
(f) is absent, except on leave granted by the Board,
from three consecutive meetings of the Board.
8. The Chairman may resign his office by letter addressed
to the President and a member may resign his office by letter
addressed to the Chairman.
9. The Board shall—
(a) authorise the payment of medical and related
expenses of beneficiaries;
(b) ensure that the Children’s Life Fund is
prudentially managed based on best practices
used for investments of a similar nature;
(c) review from time to time, the performance of
the Children’s Life Fund and make appropriate
recommendations;
(d) establish procedures for applying to the
Children’s Life Fund, determining the
Publication of
names of
members in the
Gazette.
Termination of
appointment.
Resignation of
members.
Functions of
the Board.
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eligibility for the payment or reimbursement of
medical expenses for beneficiaries and
processing claim disputes;
(e) set and administer rules for qualification of
beneficiaries in accordance with prescribed
policies established by the government;
(f) review and where appropriate, approve
applications processed by the Life Unit;
(g) make payments from the Children’s Life Fund
on behalf of the beneficiaries;
(h) disseminate information on the Children’s Life
Fund and the programme to the public;
(i) authorise the annual operating expenses
including the administrative costs of the
Authority, with the approval of the Minister;
(j) establish and develop strategic partnerships
with local and foreign institutions to facilitate
the execution of best care plans for
beneficiaries; and
(k) perform such other related duties as may be
necessary to achieve the purposes of the
Authority.
10. (1) The Board shall meet at least six times annually at
such time and places as may be necessary or expedient for the
efficient performance of its functions.
(2) The Chairman shall preside over meetings of the
Board, but where the Chairman is unable to preside, the
members present and forming a quorum may appoint a member
to preside over that meeting.
(3) A meeting shall not be held without at least two
members appointed in accordance with section 5(2)(a), (b), (c)
or (d) being present.
(4) The quorum for a meeting shall be five
members.
Proceedings of
the Board.
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(5) The decisions of the Board shall be by a majority of
votes of members present.
(6) The Board may, subject to the approval of the
Minister, make Rules to regulate its own procedure for the
conduct of its business.
11. (1) The Chairman, or in his absence, the Secretary may
at any time convene an emergency meeting of the Board, upon
receipt of a written request relating to an emergency matter,
signed by at least three members.
(2) All meetings under this section may be held with the
use of teleconferencing or such other electronic means of
communication.
(3) The minutes of meetings held under this section
shall be prepared and confirmed at the next ordinary meeting.
12. The Board shall appoint an employee of the Authority to
be its Secretary, who shall—
(a) make preparations for and attend meetings of
the Board;
(b) prepare minutes of the proceedings of the
Board; and
(c) carry out such other secretarial duties as may be
assigned by the Board.
13. A member shall disclose any direct or indirect interest in
any matter being considered or about to be considered, by the
Authority, by writing to the Chairman or by requesting to have
entered in the minutes of the meeting of the Board the nature and
extent of the interest.
14. (1) The Minister may give the Board, in writing,
general directions in respect of the performance of its functions.
(2) The Minister may give the Board, in writing,
specific directions in respect of its functions in relation to any
matter which the Minister considers to be in the public interest.
Emergency
meetings.
Secretary.
Disclosure of
interest.
The Minister
may give
direction.
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15. (1) The Board shall appoint a Chief Executive Officer
on such terms and conditions as are determined by the Board
with the approval of the Minister.
(2) The Chief Executive Officer shall be appointed for a
term not exceeding three years and is eligible for reappointment.
(3) Where the Chief Executive Officer is
temporarily absent from Trinidad and Tobago or
temporarily incapacitated by reason of illness or for any other
reason temporarily unable to perform his duties, the Board may
appoint a suitably qualified person to act in his stead during the
period of such absence or incapacity.
16. The Chief Executive Officer shall be responsible for—
(a) the daily management and direction of
administration of the Authority;
(b) the daily management and direction of the
functions of the Authority as specified in
section 4;
(c) giving effect to the decisions of the Board; and
(d) recommending to the Board the payments to be
made on behalf of beneficiaries based on the
recommendations made by the Life Unit.
17. (1) There is hereby established a Life Unit which shall
provide the case management services of the Authority in respect
of applications for grants for medical treatment under this Act.
(2) The Life Unit shall comprise—
(a) a manager;
(b) an administrative officer;
(c) medical volunteers; and
(d) non-medical volunteers.
18. (1) The Life Unit shall—
(a) receive applications for grants from a parent,
legal guardian or medical social worker;
Chief Executive
Officer.
Functions of
the Chief
Executive
Officer.
Life Unit.
Duties of Life
Unit.
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(b) undertake clinical and financial assessment of
applications;
(c) develop a best care plan for the beneficiary;
(d) provide logistical support for the beneficiary
where feasible; and
(e) report to the Chief Executive Officer on its
functions and operations.
(2) In this section, “best care plan” means a plan which
identifies the best treatment option from accredited health
institutions, capable of providing quality care with beneficial health
outcomes, consistent with international best practices including—
(a) the diagnosis;
(b) the best treatment option;
(c) the accredited health care institution capable of
providing the relevant care and beneficial
outcomes consistent with international best
practices;
(d) expected beneficial outcomes;
(e) quality of life impact; and
(f) best price.
19. A person is eligible for a grant under this Act where he—
(a) is a citizen of Trinidad and Tobago and is
ordinarily resident in Trinidad and Tobago;
(b) is unmarried and under the age of eighteen
years at the time of the application;
(c) has been referred by a medical specialist in the
particular field of treatment required;
(d) requires treatment that is unavailable at a local
medical institution;
(e) has been diagnosed with a life-threatening
illness; and
(f) has medical expenses that exceed twenty-five
per cent of the income of his family.
Eligibility of
beneficiaries.
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20. (1) Subject to subsection (3), a person who is
eligible under section 19 may apply to the Life Unit for a grant
through his parent, legal guardian or a medical social worker.
(2) An application shall be in the Form set out in
Schedule 1 and shall include the following documents:
(a) an income and expenditure statement which
provides the monthly family income and
expenditure;
(b) receipts of all sources of revenue received or
pending to address the medical expenses
relating to the application;
(c) a medical report from the referring medical
specialist indicating that the treatment is not
available locally; and
(d) a statement of medical insurance coverage of
the beneficiary where such coverage exists.
(3) Where a beneficiary has received a grant under this
Act, no further application shall be made on his behalf in respect
of the same medical condition, for a period of two years from the
date of the grant, save in exceptional circumstances.
21. (1) The Life Unit shall undertake the clinical and financial
assessment of applications based on the following criteria:
(a) the chances of survival of the applicant without
treatment;
(b) the best care plan;
(c) the expected improvement in the quality of life
and overall prognosis; and
(d) assessment of the income and expenditure
statement.
(2) The recommendations of the Life Unit shall be
submitted to the Chief Executive Officer.
(3) The Board may approve, reject or vary the
recommendations of the Life Unit.
(4) No grant shall exceed one million dollars.
Application.
Schedule 1.
Life Unit to
assess
applications.
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22. (1) The Authority shall appoint an investment
manager on such terms and conditions as are determined by the
Board in consultation with the Minister.
(2) A person who is qualified and has proven
competence in the fields of finance, investment, business
management or accounting is eligible to be appointed as the
investment manager of the Children’s Life Fund.
23. The investment manager shall, with the approval of the
Board, manage the assets and resources of the Children’s Life
Fund in accordance with the prudent investment standard of an
investment manager engaged in asset management.
24. The Authority may, with the approval of the Minister—
(a) employ such staff as required by the Authority
for the proper administration of its
functions; and
(b) fix the terms and conditions of service and
salaries for its employees.
25. (1) The resources of the Authority shall consist of
moneys appropriated by Parliament.
(2) The resources of the Children’s Life Fund shall be—
(a) Government subventions made to the
Children’s Life Fund;
(b) private contributions to the Children’s Life Fund;
(c) sums arising from grants, covenants, donations
and other receipts from persons, including
national, foreign or international bodies; and
(d) income earned from investments.
26. The assets of the Children’s Life Fund shall not be
invested except in assets specified in Schedule 2.
27. Notwithstanding any law to the contrary, the Authority
and the Children’s Life Fund are not subject to any tax.
Investment
manager.
Functions of
the investment
manager.
Staff.
Financial
resources.
Investment of
assets.
Schedule 2.
Taxation.
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28. (1) The Children’s Life Fund is a public account for the
purposes of section 116 of the Constitution and shall be audited
annually by the Auditor General or by an auditor authorised in
writing, for that purpose by the Auditor General.
(2) On completion of any audit of the Children’s Life
Fund, the Auditor General shall immediately draw to the
attention of the Minister and the Board any irregularity disclosed
by the audit which, in the opinion of the Auditor General is of
sufficient importance to justify doing so.
(3) The Auditor General shall send a copy of the audited
financial statements and a report on its audit to the Minister and
the Board immediately following the completion of the audit.
29. The Board shall submit to the Minister—
(a) quarterly investment reports;
(b) an annual investment report; and
(c) quarterly reports on the operations and
performance of the Life Unit and Children’s
Life Fund.
30. (1) Within four months of the end of the financial year,
the Minister shall cause—
(a) the audited financial statements in respect of the
Children’s Life Fund; and
(b) an annual report of the operations of the
Authority including contributions made to the
Children’s Life Fund, sums awarded and the
rate of success of medical treatment received
by beneficiaries of the Children’s Life Fund,
to be laid in Parliament.
(2) Financial statements shall be prepared in accordance
with generally accepted accounting practices and international
accounting standards adopted by the Institute of Chartered
Accountants of Trinidad and Tobago.
Children’s Life
Fund to be a
public account.
Ch. 1:01.
Board to report
to Minister.
Financial
statement to be
laid in
Parliament.
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31. (1) Save as authorised by this Act, it is an offence for
any person to disclose any information obtained by him in the
performance of his duties, powers and functions under this Act.
(2) Notwithstanding subsection (1), a person may
disclose information where he is so required by Order of the
Court or under any written law.
(3) A person who commits an offence under this
section is liable on summary conviction to a fine of fifteen
thousand dollars.
32. The Minister may, by Order subject to negative
resolution of Parliament, amend the Schedules to this Act.
33. The Minister may make Regulations, subject to negative
resolution of Parliament, for giving effect to the purposes of this
Act and for prescribing anything required or authorised by this
Act to be prescribed.
Non-disclosure
of information.
Minister may
amend
Schedules.
Regulations.
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SCHEDULE 1 Section 20.
APPLICATION FORM FOR GRANT UNDER THE CHILDREN’S
LIFE FUND
Name of Applicant: ...........................................................................................
Parent/Legal Guardian/Medical Social Worker: ................................................
............................................................................................................................
Address of Applicant: ........................................................................................
Contact details: ..................................................................................................
Name of Patient: ................................................................................................
Address of Patient: ............................................................................................
Relationship to Applicant: .................................................................................
Date of Birth of Patient: .....................................................................................
Nationality of Patient: .......................................................................................
Nature of Illness: ...............................................................................................
*Medical Treatment Required: ..........................................................................
Cost of Treatment: .............................................................................................
Amount Requested: ...........................................................................................
Name of Referring Specialist: ...........................................................................
Address: ............................................................................................................
Contact details: .................................................................................................
Country and Health Institution of Proposed Treatment: ....................................
............................................................................................................................
Gross Income of Family: ...................................................................................
-------------------------------------------------------------------------------------------
Signature of Parent/Legal Guardian/Medical Social Worker
Date ...............................................................
* A copy of the detailed medical report must be submitted.
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SCHEDULE 2 Section 26.
APPROVED INVESTMENTS OF THE CHILDREN’S LIFE FUND
The Board may invest the assets of the Children’s Life Fund in the
following classes:
(a) the bonds, debentures, stocks, or other evidence of
indebtedness of or guaranteed by the Government of—
(i) Trinidad and Tobago;
(ii) any Commonwealth country;
(iii) any member country of the Organisation of Economic
Co-operation and Development;
(iv) the United States of America or a State thereof
approved by the Central Bank; or
(v) any country approved by the Central Bank,
provided any such investment shall be of investment grade
or better; and
(b) cash balances deposited with any bank or other financial
institution licensed under the Financial Institutions Act. Ch. 79:09.
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