National
*See Note on Health Surcharge on page 3
†See Note on page 3
L.R.O.
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–280 ..
LAWS OF TRINIDAD AND TOBAGO
NATIONAL INSURANCE ACT
CHAPTER 32:01
27 of 1974
27 of 1977
23 of 1980
11/1984
*13 of 1984
*14 of 1987
†18 of 1993
9 of 1999
9 of 2004
†30 of 2007
17/2008
18/2008
†2 of 2012
2 of 2013
73/2013
254/2013
Act
35 of 1971
Amended by
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Index of Subsidiary Legislation
Page
National Insurance (Registration) Regulations (LN 27/2004) … … 128
National Insurance (Contribution) Regulations (GN 63/1972) … … 135
National Insurance (Medical Expenses) Regulations (GN 95/1977) … 156
National Insurance (Employment Injury) (Payment of Medical Expenses)
Order (GN 226/1979) … … … … … … 160
National Insurance (Prescribed Diseases) Regulations (GN 94/1977) … 172
National Insurance (Benefits) Regulations (GN 77/1972)… … … 187
National Insurance (Harmonisation of Pension Fund Plans) Regulations
(GN 49/1972) … … … … … … … 220
National Insurance (Appeals) Regulations (LN 131/1980) … … 223
National Insurance (CARICOM Reciprocal Agreement on Social Security)
Order (LN 140/1998) … … … … … … 233
National Insurance (Agreement and Administrative Arrangement on Social
Security between Canada and Trinidad and Tobago) Order (LN 21/1999) … 260
Note on Commencement Date
The following are the relevant commencement dates:
(a) 15th November 1971—GN 223/1971
Section 1 to section 27, the provisions of Part II (i.e., section 28 to section 35) save
in their application to self-employed persons and the provisions of sections 58, 64
and 71 came into operation on 15th November 1971 [GN 223/1971].
(b) 10th April 1972—GN 62/1972
Section 36 to section 38; section 41 to section 45; section 46(1)(d) and (f) to
section 56 of Part III save in their application to employed persons employed by
more than one person within the meaning of the said section 45; section 57;
section 59 to section 63 and section 65 to section 70 of Part IV came into operation
on 10th April 1972 [GN 62/1972].
(c) 15th January 1973—GN 6/1973
Section 46 (1)(a) and (b) came into operation on 15th January 1973.
(See GN 6/1973 see also 27 of 1974).
(d) 16th July 1973—GN 108/1973
Section 46(1)(g) came into operation on 16th July 1973 [GN 108/1973].
(e) 10th December 1974—27 of 1974
Sections 39 and 40 came into operation on 10th December 1974 [27 of 1974].
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(f) 17th February 1975—GN 21/1975
Section 46(1)(e) came into operation on 17th February 1975
[GN 21/1975].
(g) 7th January 2008—LNs 17, 18, 19, 20, 21, 22, 23, 24, 25, 37, 38,
39 and 40.
Note on Health Surcharge
Legal Notice 11/1984 the Provisional Collection of Taxes Order, had
introduced section 38 (a), dealing with surcharge contributions, but this new section
was repealed by Act No. 13 of 1984, the National Insurance Amendment Act.
Act No. 13 of 1984, amended section 8(1) and section 21. It introduced
section 21(2). This Act also introduced Part IIIA, that is sections 56A to 56I.
It also amended section 64, by introducing subsections (4A) and (4B). It also
introduced section 65A.
In 1987, however, Act No. 14 of 1987 the Finance Act, made provisions
for the administration, computation, collection and recovery of the health
surcharge to be undertaken by the Board of Inland Revenue, instead of the
National Insurance Board, and in effect repealed Act No. 13 of 1984. The
amendments which were made to this Chapter by LN 11/1984 and Act No. 13
of 1984 have not been published in this Act.
For the same reason, LN 84/1984 which introduced the Health Surcharge
Regulations is not being published.
Note on Act No. 18 of 1993
See sections 62 and 65 of, and the Third Schedule to, Act No. 18 of 1993.
Note on LN No. 31 of 2006
Legal Notice No. 213 of 1999 repealed subclause (g) of Clause 1 of the
First Schedule. However, Legal Notice No. 31 of 2006 sought to amend the
said subclause (g) which is an anomaly.
Note on LN No. 32 of 2006
Legal Notice No. 32 of 2006 purports to amend Clause 1 of the Second
Schedule, but the Second Schedule consists only of Tables and does not include
any clauses.
Note on Act No. 30 of 2007
Section 2 of Act No. 30 of 2007 provides that the amendments to sections 2,
29, 30, 35, 38, 39, 41, 46 and 54 shall come into effect from 7th January 2008.
Note on Act No. 2 of 2012
Amendments made to section 54(5) by Act No. 2 of 2012 took effect from
1st February 2012.
UNOFFICIAL VERSION
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CHAPTER 32:01
NATIONAL INSURANCE ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
PART I
PRELIMINARY
2. Interpretation.
3. Establishment and incorporation of the Board.
4. Custody and use of seal.
4A. Exemption from liability.
PROCEDURE
5. Procedure and meetings of the Board.
6. Appointment of committees.
7. Power of Board to delegate.
GENERAL FUNCTIONS, POWERS AND DUTIES OF
THE BOARD
8. General functions, powers and duties.
9. Policy directions.
MISCELLANEOUS
10. Remuneration of Directors.
11. Declaration of interest.
12. Execution of documents.
13. Financial year and annual report of Board.
PERSONNEL
14. Appointment of officers and other employees.
15. Transfer of officers of Government to the Board.
16. Transfer on secondment.
17. Establishment of a Pension Scheme.
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18. Content of Pension Scheme.
19. Public officers to exercise option.
20. Responsibility of officers.
21. Funds and resources of the Board.
22. Application of revenue.
23. Authorised investments.
24. Investment Committee.
25. Accounting of the Board.
26. Cash deposits and payments.
27. Rules made by the Board.
PART II
REGISTRATION
28. Interpretation.
29. Persons to be registered.
30. Registration and penalty.
30A. National Insurance Registration Card.
31. Powers of inspection.
32. Powers of entry.
32A. Furnishing of data.
33. False information—penalty.
34. Penalty.
35. Regulations.
PART III
NATIONAL INSURANCE PROVISIONS
CONTRIBUTIONS
36. System of National Insurance.
37. Insurance against employment injury.
38. Contributions to be paid partly by employed person and partly
by employer.
38A. Certificate and penalty.
39. Discharge of liability.
39A. Statutory trust.
39B. Interest.
39C. Waiver of penalties.
SECTION
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ARRANGEMENT OF SECTIONS—Continued
SECTION
40. Offence and penalty.
41. Rates of contributions.
42. Voluntary contributions.
43. Establishment of funds.
44. Board to make Regulations with regard to contributions.
45. Board to total contributions paid by persons.
45A. Garnishment.
BENEFITS
46. Benefits.
47. Industrial disease.
48. Prescribed disease benefit.
49. Benefits to be inalienable.
49A. Recovery of excess payment.
50. Benefit lost by employer’s default.
51. Accidents happening while acting in breach of regulations, etc.
52. Accidents happening while travelling in employer’s transport.
53. Accident happening while meeting emergency.
54. Rates of benefit.
54A. Benefit in accordance with earnings class.
54B. Benefits in accordance with earnings class from 7th January 2008.
54C. Benefits in accordance with earnings class from 4th March 2013.
54D. Sickness or maternity benefit from 3rd March 2014.
55. Regulations in respect of benefits.
56. Amendment of rates.
PART IV
MISCELLANEOUS
57. President to make Regulations for harmonisation.
58. Initial expenditure and advances.
59. Determination of claims and questions.
60. Appeals tribunals.
61. President to determine remuneration of appeals tribunals.
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62. Appeals from decisions of the Board.
63. Offences.
64. General provisions as to prosecutions under this Act.
65. Recovery of contributions on prosecution.
65A. Liability of body corporate.
66. Civil proceedings to recover sums due to Board.
67. Insured persons outside Trinidad and Tobago.
68. Accidents in course of illegal conditions of employment.
69. Reciprocal agreements with other parts of Commonwealth.
70. Actuarial review.
71. Regulations subject to negative resolution.
72. Indemnity.
73. Pending proceedings.
74. Act to bind State.
FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.
SECTION
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*See Note on page 2 for commencement dates.
35 of 1971.
Commencement.
Short title.
1962 No. 1875
(U.K.).
Interpretation.
[23 of 1980
9 of 1999
9 of 2004
30 of 2007
2 of 2013].
CHAPTER 32:01
NATIONAL INSURANCE ACT
An Act respecting National Insurance.
COMMENCEMENT*
1. (1) This Act may be cited as the National Insurance Act.
(2) This Act shall have effect notwithstanding sections 1
and 2 of the Constitution [that is, the Constitution set out in the
Second Schedule to the Trinidad and Tobago (Constitution)
Order in Council 1962].
PART I
PRELIMINARY
2. (1) In this Act—
“appointed day” means a day appointed by the President
by Proclamation;
“benefit” means any benefit which is payable under this Act;
“Board” means the National Insurance Board of Trinidad and
Tobago established by section 3;
“Chairman” means the Chairman of the Board;
“contribution” means a contribution under this Act;
“contribution year” means the period of fifty-two weeks or fifty-
three weeks beginning with the first Monday in July in any
year and ending on the Sunday immediately before the first
Monday in July of the succeeding year;
“Deputy Chairman” means the Deputy Chairman of the Board;
“Director” means a duly appointed member of the Board;
“due date” means the last day of the month;
“employer” means a person who employs at least one person under
a contract of service or to whom another person is apprenticed;
“employed person” means a paid apprentice, a self-employed
person or anyone who is employed under a contract of service;
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“employment” includes any trade, business, profession, office,
vocation or apprenticeship;
“Executive Director” means the Executive Director of the Board;
“insurable employment” means any employment other than that
which is provided for in section 29(2);
“insured person” means a person insured under this Act;
“invalid” means a person who is unable to engage in any kind of
gainful occupation or is unable to perform any work for
wage or profit for a period of not less than twelve months as
a result of mental or bodily disease or injury;
“paid apprentice” means a person who enters into a contract of
apprenticeship or training for which remuneration of one
hundred and fifty dollars or more per week from 4th March
2013 to 2nd March 2014 and one hundred and eighty dollars or
more per week from 3rd March 2014 is paid by the employer;
“parent” means a biological or legally adoptive parent;
“Regulations” means Regulations made by the appropriate
authority under this Act;
“retirement age” means the age of sixty-five years or any age less
than sixty-five years but not less than sixty years at which an
insured person ceases to be engaged in insurable employment;
“Rules” means Rules made by the Board under this Act or
the Regulations;
“Secretary” means the Secretary of the Board;
“Standing Orders” means Standing Orders made by the Board
under section 5(8);
“termination of employment” means the day on which the
employment actually comes to an end, whether such
termination is in accordance with the terms of the contract
or not and whether or not the employment is to be resumed
at a later date;
“unpaid apprentice” means a person who enters into a contract of
apprenticeship or training for which remuneration is less than—
(a) one hundred and twenty dollars per week up to
3rd March 2013;
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(b) one hundred and fifty dollars per week from
4th March 2013 to 2nd March 2014; or
(c) one hundred and eighty dollars per week from
3rd March 2014,
is paid by the employer.
(2) For the purposes of this Act and the Regulations—
(a) where it is a condition for title to benefit that—
(i) a woman is the widow of an insured person,
the Executive Director may treat a single
woman or widow who was living with a
single man or widower as his wife at the
date of his death as if she were in law his
widow; or
(ii) a man is the widower of an insured
person, the Executive Director may treat a
single man or widower who was living
with a single woman or widow as her
husband at the date of her death as if he
were in law her widower,
if the insured person nominated the woman or
the man as the case may be as beneficiary for the
purpose of entitlement to benefit;
(aa) (i) where no nomination of a person as a
beneficiary has been made the Executive
Director may treat the single woman or
widow or single man or widower referred
to in paragraph (2)(a)(i) or (2)(a)(ii) as
the wife or husband of the insured as the
case may be, provided that she or he lived
with the insured person as his wife or her
husband for a minimum period of three
years immediately preceding death;
(ii) for the purposes of this paragraph the
Executive Director may require such
evidence as he considers necessary to
satisfy himself of the period referred to in
subparagraph (i);
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(b) where the question of marriage or remarriage or
of the date of marriage or remarriage arises in
regard to the title or cessation of title to benefit,
the Executive Director shall, in the absence of
the subsistence of a lawful marriage or where
there is any impediment to lawful marriage,
decide whether or not the person concerned
ought to be treated as if he were married or as if
he had remarried, as the case may be, and if so
from what date, and in determining the question
the Executive Director shall have regard to the
provisions of paragraphs (a) and (aa)(i);
(c) unless the context otherwise requires the
determination of the Executive Director under
paragraphs (a) and (aa)(i) or (b) shall have the
effect of extending, as regards title or cessation
of title to benefit payable to a man or woman,
the meaning of the word “marriage” to include
the association between a single woman or
widow and a single man or widower as
aforesaid; and the meaning of the words “wife”,
“husband”, “widow”, “widower” and “spouse”
shall be extended accordingly.
(3) In this Act “single man” means a man who has never
married, or whose marriage has been dissolved by a decree
absolute of divorce or declared a nullity, and “single woman”
shall be construed accordingly.
(4) For the purposes of this Act, where it is a condition
for entitlement to the special maternity grant that a woman is the
spouse of an insured man, the Executive Director may treat—
(i) a single woman or widow who was living
with a single man or widower as his wife
at the date of delivery as if she were in
law his spouse; and
(ii) the single woman or widow referred to in
paragraph (i) as the spouse of the insured
where she lived with the insured man as his
spouse for a minimum period of three years
immediately preceding the date of delivery;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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(5) For the purposes of subsection (4), the Executive
Director may require such evidence as he considers necessary to
determine whether the woman referred to in subsection (4)
satisfies the conditions of that subsection.
3. (1) There is hereby established for the purposes of
this Act, a National Insurance Board of Trinidad and Tobago
(hereinafter referred to as “the Board”) which shall be a
body corporate.
(2) The Board shall consist of eleven members designated
Directors, who shall be appointed by the Minister, as follows:
(a) three members nominated by the Government;
(b) three members nominated by the associations
most representative of Business;
(c) three members nominated by the associations
most representative of Labour;
(d) a person, who in the opinion of the Minister, is
independent of the Government, Business and
Labour, who shall be the Chairman;
(e) the Executive Director as ex officio member.
(3) The Deputy Chairman shall be selected by the Board
from among its members at the first meeting of the Board.
(4) In respect of each Director, the Minister shall in like
manner designate an alternate member; and, subject to
subsection (7)(a), any such alternate member may, with the
approval of the Chairman, act in the stead of the respective
Director at any one or more meetings of the Board.
(5) Appointment to the office of Director shall, subject
to subsection (6), be for such period, being not more than two
years, as is specified at the time of the appointment. A Director
shall be eligible for reappointment.
(6) A Director may at any time resign his office by
instrument in writing addressed to the Chairman, who shall
forthwith cause it to be forwarded to the Minister.
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Establishment
and
incorporation of
the Board.
[9 of 1999].
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(7) The Minister shall revoke the appointment of
a Director—
(a) if he absents himself from three consecutive
meetings of the Board except on leave granted
by the Board;
(b) if he is guilty of such behaviour as is likely to
call in question the bona fides of the Board;
(c) if he becomes bankrupt, applies to take the
benefit of any law for the relief of bankrupt or
insolvent debtors, compounds with his creditors
or makes an assignment of his remuneration for
their benefit;
(d) on the representation of the associations most
representative of Business or Labour, as the case
may be, the Director is no longer a nominee of
Business or Labour, as the case may be.
(8) Subsections (4), (5), (6) and (7) shall not apply to the
Executive Director.
(9) The appointment of any person as a Director or
Executive Director and the termination of office of any person as
such whether by death, resignation, revocation, effluxion of time
or otherwise, shall be notified in the Gazette.
(10) All things done or omitted to be done by the Board
of Management before the coming into force of this Act shall
for all purposes be deemed to have been done or omitted to be
done for and on behalf of the National Insurance Board of
Trinidad and Tobago.
4. (1) The Seal of the Board shall be kept in the custody
either of the Executive Director or of the Secretary, as the Board
may determine, and may be affixed to instruments pursuant to
Standing Orders or to a resolution of the Board and in the
presence of the Chairman or Deputy Chairman, and of the
Executive Director and the Secretary.
(2) The Seal of the Board shall be attested by the
signature of the Chairman or Deputy Chairman, and the Secretary.
Custody and
use of seal.
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(3) All documents, other than those required by law to be
under seal made by, and all decisions of, the Board may be signified
under the hand of the Chairman or Deputy Chairman or the Secretary.
(4) Service upon the Board of any notice, order, or other
document shall be executed by delivering the same or by sending
it by registered post addressed to the Secretary at the office of
the Board.
4A. (1) No action, suit, prosecution or other proceedings
shall be brought or instituted against any member of the Board in
respect of any act done bona fide in pursuance or execution or
intended execution of this Act.
(2) Where any member of the Board is exempt from
liability by reason only of the provisions of this section, the
Board shall be liable to the extent that it would be as if the said
member was a servant or agent of the Board.
PROCEDURE
5. (1) The Board shall meet at least once a month and at
such other times as may be necessary or expedient for the
transaction of business, and such meetings shall be held at such
place and time and on such days as the Board may determine.
(2) The Chairman may at any time call a special meeting
of the Board and shall call a special meeting within seven days of
the receipt of a requisition for that purpose addressed to him by
any three Directors.
(3) The Chairman, or in his absence the Deputy
Chairman, shall preside at all meetings of the Board.
(4) The Chairman, or in his absence the Deputy
Chairman, and four other Directors including at least one nominee
each of Government, Business and Labour shall form a quorum.
(5) The Chairman shall have a casting vote only.
(6) Minutes in proper form of each meeting shall be kept
by the Secretary and shall be confirmed by the Chairman, or the
Deputy Chairman at a subsequent meeting. Certified copies of such
minutes when so confirmed shall be forwarded to the Minister.
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Exemption from
liability.
[9 of 1999].
Procedure and
meetings of
the Board.
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(7) The Board may co-opt any one or more persons to
attend any particular meeting of the Board for the purpose of
assisting or advising the Board, but no such co-opted person shall
have any right to vote.
(8) Subject to this section, the Board may by Standing
Orders regulate its own proceedings and procedures.
6. (1) The Board may appoint committees to examine and
report to it on any matter whatsoever arising out of or connected
with any of its powers and duties under this Act.
(2) A committee appointed by the Board shall consist of
at least one member of the Board together with such other
persons, whether members of the Board or not, whose assistance
or advice the Board may desire.
(3) Where persons, not being members of the Board, are
members of a committee appointed under this section, the Board
may by resolution declare the remuneration and allowances of
such persons and such sums shall properly be so payable out of
the funds and resources of the Board.
(4) The Board may by resolution reject the report of any
such committee or adopt it either wholly or with such
modifications, additions or adaptations as the Board may think fit.
7. Subject to this Act and to the prior approval of the
Minister, the Board may delegate to a Director or a committee,
power and authority to carry out on its behalf such duties and
functions and to exercise such powers as the Board may
determine; but any such delegation shall be revocable at will and
shall not preclude the Board from acting from time to time as
occasion requires.
GENERAL FUNCTIONS, POWERS AND DUTIES OF
THE BOARD
8. (1) It is the duty of the Board to operate and manage the
system of National Insurance established by this Act and, subject
to this Act, the Board shall have and exercise such functions,
powers and duties as are conferred upon it by this Act and by any
other written law.
Appointment of
committees.
Power of Board
to delegate.
General
functions,
powers and
duties.
[13 of 1984
9 of 1999].
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(1A) The Board may exercise and perform such powers
and functions as may be approved by the Minister by Order
subject to affirmative resolution of Parliament.
(2) In the performance of its functions and duties and in
the exercise of its powers the Board may do all lawful things that
are necessary or expedient to secure the due execution of the
purposes of this Act.
(3) For the efficient and proper performance of its
functions and duties, the Board may establish local offices
throughout Trinidad and Tobago.
9. In the exercise and performance of its functions, powers
and duties under this or any other written law the Board shall
act in accordance with any general directions of the Government,
given to it by the Minister; but subject to this section, the Board
shall, when exercising and performing its functions, powers and
duties, be subject to the control or direction of no other person
or authority.
MISCELLANEOUS
10. The Chairman, Deputy Chairman and the Directors
other than the Executive Director shall be paid such salary and
allowances as may be approved by the Minister.
11. (1) A Director who is in any way, whether directly or
indirectly, interested in a contract or proposed contract with the
Board or any other matter whatsoever in which the Board is
concerned, shall declare the nature of his interest at the first
meeting of the Board at which it is practicable for him to do so.
(2) A Director shall not take part in any deliberation or
decision of the Board with respect to any contract or proposed
contract with the Board or any other matter with which the Board
is concerned, in which he has any pecuniary interest, whether
directly or indirectly.
(3) For the purposes of this section, a Director shall be
treated as having an indirect pecuniary interest in a contract or
proposed contract with the Board or in any other matter with which the
16 Chap. 32:01 National Insurance
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Policy
directions.
Remuneration
of Directors.
Declaration
of interest.
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Execution of
documents.
Financial year
and annual
report of Board.
[9 of 1999].
Board is concerned, if he is a director, shareholder, partner or
employee of a company or other association of persons that is a party
to such contract or proposed contract with the Board or has a pecuniary
interest in such other matter with which the Board is concerned.
(4) Nothing in subsection (3) shall apply to any person
who, but for the provisions of that subsection would not fall to be
treated as having indirectly a pecuniary interest in a contract or
other matter, if the total value of his shareholding or other interest
does not exceed such amount of the total nominal value of the
issued share capital of the company or association as the
Standing Orders of the Board provide.
(5) A person who fails to comply with this section, is
liable on summary conviction to a fine of five hundred dollars,
unless he proves that he did not know that a contract, proposed
contract or other matter in which he had a pecuniary interest was
the subject of consideration at the meeting.
12. (1) Any document requiring to be executed by the Board
shall be deemed to be duly executed—
(a) if signed by the Chairman or the Deputy Chairman
and the Executive Director or the Secretary; or
(b) if signed, whether in Trinidad and Tobago or
elsewhere, by a person or persons authorised
by resolution of the Board so to sign, but in such
case an extract of the resolution certified by the
Chairman or Deputy Chairman and the Secretary
shall be attached to and form part of the document.
(2) Any cheque, bill of exchange or order for the
payment of money required to be executed by the Board shall be
deemed to be duly executed if signed by a person or persons
authorised by this Act or by resolution of the Board.
13. (1) The financial year of the Board shall be the twelve-
month period ending on 30th June.
(2) Subject to subsection (3), the Board shall within
three months of the end of each financial year make a report of
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its proceedings and of the operation of this Act in respect of that
financial year to the Minister who shall, within two months of the
receipt of such report, lay it before Parliament.
(2A) The report referred to in subsection (2) shall
include the—
(a) number of contributors and beneficiaries in the
National Insurance Scheme;
(b) contribution income collected;
(c) fixed expenditure incurred in respect of the
administration of the National Insurance System;
(d) composition of the investment portfolio;
(e) yield on investments; and
(f) statement of any financial or commercial
arrangement with subsidiaries or associated
companies.
(3) The first report under this section shall be in respect
of the period ending on 30th June 1973.
PERSONNEL
14. (1) The Board may appoint on such terms and
conditions as it thinks fit an Executive Director, a Secretary, a
Chief Financial Officer and such other officers and employees as
may be necessary and proper for the due and efficient
performance by the Board of its duties under this Act.
(2) Subject to the approval of the Minister, the Executive
Director shall receive a salary and allowances as may be determined
by the Board; and no other officer or employee shall receive salary
or allowance higher than that of the Executive Director.
(3) The Executive Director shall be responsible for
carrying out the decisions of the Board, and in the performance
of his duties is subject to the control of the Board.
(4) A person shall not be disqualified from being
appointed a Director by reason only of holding the office of
Executive Director or Deputy Executive Director.
18 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
Appointment
of officers
and other
employees.
[9 of 1999].
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National Insurance Chap. 32:01 19
LAWS OF TRINIDAD AND TOBAGO
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15. (1) An officer in the public service may be transferred to
the service of the Board, and upon such transfer shall become a
member of the pension scheme referred to in section 17, and, if
such officer’s transfer becomes effective before the establishment
of that scheme, he shall become a member within one year of its
establishment; and an officer in the service of the Board may be
transferred to the public service.
(2) A transfer described in subsection (1) shall be on such
terms as may be acceptable to the President, the Board and the Officer
concerned, and the pension or superannuation rights accruing to the
officer at the time of his transfer shall be preserved in the manner
provided by Regulations made by the President in that behalf.
16. (1) Subject to subsection (2), any officer in the public
service may, with the approval of the Minister and the appropriate
Service Commission be transferred on secondment to the service
of the Board or from the service of the Board to the public service.
(2) Where a transfer on secondment contemplated by
subsection (1) is effected, the President or the Board as the case
may require, shall make such arrangements as may be necessary
to preserve the rights of the officer so transferred to any pension,
gratuity or other allowance for which he would have been
eligible had he remained in the service of the Government or of
the Board, as the case may be.
(3) A period of transfer on secondment shall not in any
case exceed ten years.
17. The Board shall within a period of three years of its
establishment, by Rules confirmed by the Minister, provide for
the establishment and maintenance of a pension scheme for the
benefit of the officers and employees of the Board and officers
transferred to it on secondment.
18. Without prejudice to the generality of section 17 the
pension scheme may enable the Board to—
(a) grant gratuities, pensions or superannuation
allowances to, or to the widows, families and
dependants of, their employees;
Transfer of
officers of
Government to
the Board.
Transfer on
secondment.
[23 of 1980].
Establishment
of a Pension
Scheme.
Content of
Pension
Scheme.
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(b) establish contributory superannuation schemes
and establish and contribute to superannuation
funds for the benefit of their employees;
(c) enter into and carry into effect agreements with
any insurance company or other association or
company for securing to any such employee,
widow, family or dependant such gratuities,
pensions or allowances as are by this section
authorised to be granted;
(d) give donations or subscriptions to charitable
institutions, sick funds, benevolent funds and other
objects calculated to benefit their employees.
19. (1) Public officers engaged in the establishment of the
system of National Insurance shall on the first appointed day be
given the option of continuing in the public service or of
accepting appointments in the service of the Board.
(2) Public officers, who on or after the commencement
of this Act, elect to accept appointments in the service of the
Board shall—
(a) be regarded as transferred to the service of the
Board; and
(b) have preserved to them their superannuation
rights accruing at the time of their transfer to the
Board; and
(c) within a year of the establishment of the pension
scheme become members of that scheme,
but all such rights shall be forfeited on dismissal by the Board, in
such circumstances as they would have been forfeited on
dismissal from the public service.
(3) A transfer described in subsection (2) shall be on
such terms as may be acceptable to the President, the Board and
the officer concerned, and the pension or superannuation rights
accruing to the officer at the time of his transfer shall be
preserved in the manner provided by Regulations made by the
President in that behalf.
20 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
Public officers
to exercise
option.
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National Insurance Chap. 32:01 21
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Responsibility
of officers.
Funds and
resources of
the Board.
[13 of 1984
9 of 2004].
Application
of revenue.
[27 of 1977
9 of 1999
9 of 2004].
(4) In the case of a person who has accepted an
appointment in the service of the Board and who retires from or dies
in that service before the establishment of the pension scheme under
section 17, any superannuation benefits accruing at the time of his
retirement or death may be paid to such person or his personal
representative in accordance with Regulations made by the Minister.
20. (1) All officers charged with the receipt, accounting for,
or disbursement of moneys or with the custody or delivery of
stores, or other property belonging to the Board shall be
individually responsible for the due and efficient discharge of their
respective duties and for the exercise of proper supervision of the
accounts kept or controlled by them and of all property entrusted
to their care, and for the due observance of all rules and regulations
and of all orders and instructions prescribed for their guidance.
(2) The Board may require any officer or servant in its
service to give security to its satisfaction for the due performance
of his duties.
21. The funds and resources of the Board shall consist of—
(a) such amounts as may be appropriated therefor
by Parliament;
(b) all sums from time to time received by or falling
due to the Board in respect of contributions, income
on investments, fees, penalties, fines, interest on
dues and any other sums due to the Board;
(c) sums borrowed by the Board for the purpose of
meeting any of its obligations or discharging
any of its functions; and
(d) all other sums or property that may in any manner
become payable to or vested in the Board in
respect of any matter incidental to its powers
and duties.
22. (1) The revenue of the Board for any financial year shall
be applied in defraying the following commitments, that is to say:
(a) the payment of benefits;
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(b) the salaries, fees, remuneration and gratuities of
the officers, and employees, and technical and
other advisers, of the Board;
(c) the remuneration, fees and allowances of the
Directors or of any committee of the Board;
(d) any other expenditure or losses or write-off
identified by the Board and subject to the approval
of the Minister of Finance which are properly
chargeable to the Board’s Revenue Account,
but the commitments described at (b), (c) and (d) shall not exceed
the amount fixed by the Minister not exceeding the
recommendations of the actuary arising out of the periodic
review of the National Insurance System.
(2) The Board may make Regulations for the
apportionment and allocation of contributions in respect of the
various commitments of the Board.
23. (1) Money standing to the credit of the Funds of the
Board established under section 43, not immediately required to
be expended in the meeting of any obligations or commitments
may be invested from time to time in such proportions as the
Board may approve, having regard to the several contingencies in
relation to which benefits are provided under section 46, in such
securities as are set out in the First Schedule.
(2) The Minister of Finance may from time to time by
Order amend the First Schedule.
24. (1) There shall be an Investment Committee
consisting of—
(a) the Chairman of the Board as Chairman;
(b) the Executive Director;
(c) the Chief Financial Officer who shall be an
ex officio non-voting member;
(d) three other members of the Board nominated
respectively by the Minister, the Directors who
are nominees of Business and the Directors who
are nominees of Labour;
22 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
Authorised
investments.
First Schedule.
Investment
Committee.
[9 of 1999].
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National Insurance Chap. 32:01 23
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Accounting of
the Board.
Ch. 69:01.
Cash deposits
and payments.
[9 of 1999].
(e) three other persons not members of the Board
nominated respectively by the Minister, the
Directors who are nominees of Business and the
Directors who are nominees of Labour.
(2) Subject to section 23 the Investment Committee shall
advise on the investment policy of the Board and carry out such
other duties and responsibilities as may be delegated by the Board.
(3) Subject to subsection (4) the Investment Committee
shall meet as often as necessary and may regulate the procedure
of the meeting and shall be able to act notwithstanding
any vacancy.
(4) The quorum of the Investment Committee shall be
four members including three persons representing the
Government, Business and Labour respectively.
(5) In the event of his inability to attend any meeting of
the Investment Committee the Chairman may nominate the
Deputy Chairman of the Board to preside in his stead.
25. (1) All decisions, Orders, Rules and Regulations
relating to the financial operations of the Board and authorised by
this Act shall be made by resolution of the Board at a meeting
thereof and shall be recorded in the minutes of the Board.
(2) The accounts of the Board shall be audited annually
by auditors appointed by the Board or under the supervision of the
Auditor General in accordance with the Exchequer and Audit Act.
(3) As soon as the accounts of the Board have been
audited the Board shall forward to the Minister a copy of the audited
statements of accounts and any report thereon made by the auditors.
(4) The Minister shall cause a copy of every such
statement and report to be laid before Parliament at the same time
as the annual report referred to in section 13(2) is so laid.
26. (1) All moneys of the Board accruing from its
operations under this Act shall be paid into the prescribed bank or
banks and such moneys shall, as far as practicable, be paid into
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the bank from day to day, except such sums as the Financial
Comptroller may be authorised by Rules of the Board to retain to
meet petty disbursements for immediate payment.
(2) All payments out of the funds of the Board except
petty disbursements not exceeding such sums fixed by the Rules,
shall be made by the Chief Financial Officer or on his behalf by
any other officer appointed by the Board, in accordance with
the Rules.
(3) Cheques against any banking account required to be
kept or withdrawals from any savings bank account and bills of
exchange or orders for payments of money shall be signed by the
Chief Financial Officer or on his behalf by an officer appointed
by the Board and countersigned by the Chairman of the Board or
any member of the Board or any officer of the Board appointed
by resolution of the Board for the purpose; and a copy of any
such resolution shall be certified by the Chairman and forwarded
to the bank or banks concerned.
27. For the purpose of regulating and controlling its
financial procedures, the Board may make Rules in respect of the
following matters:
(a) the manner in which and the officers by whom
payments are to be approved;
(b) the bank or banks into which the moneys of the
Board are to be paid, the title of any account
with any such bank, and the transfer of one fund
from one account to another;
(c) the appointment of a Director or an officer of the
Board to countersign cheques on behalf of the
Chairman or in the absence of the Chairman;
(d) the sum to be retained by the Chief Financial
Officer to meet petty disbursements for immediate
payments and the maximum sum that may be so
disbursed for any one payment;
(e) the method to be adopted in making payments
out of the funds of the Board; and
(f) generally as to all matters necessary for the proper
keeping and control of the finances of the Board.
24 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
Rules made by
the Board.
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National Insurance Chap. 32:01 25
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
PART II
REGISTRATION
28. In this Part—
“casual agricultural worker” means a person who habitually
engages in chance agricultural employment on the land of
another, such employment not being based on any contract
so to employ that person;
“domestic worker” means a person employed otherwise than for
the purpose of a trade or business who performs services for
the comfort or convenience of a household or in or about a
dwelling house or such other premises occupied by or under
the control of the employer and includes such employed
persons as may be prescribed.
29. (1) Every employer and subject to subsection (2), every
employed person and every unpaid apprentice, shall be registered
for the purposes of the system of National Insurance.
(2) A person employed in any of the following
employments shall be regarded as being engaged in uninsurable
employment and shall not be registered for the purposes of
this Act:
(a) employment in respect of which remuneration is
less than—
(i) one hundred and twenty dollars per week
up to 3rd March 2013;
(ii) one hundred and fifty dollars per week
from 4thZ AQ V March 2013 to
2nd March 2014; or
(iii) one hundred and eighty dollars per week
from 3rd March 2014;
(b) (Repealed by Act No. 9 of 1999);
(c) employment of any person who is not a citizen of
Trinidad and Tobago and who by virtue of the
Vienna Convention on Diplomatic Relations or
the Vienna Convention on Consular Relations as
Interpretation.
[9 of 2004].
Persons to
be registered.
[27 of 1974
9 of 1999
9 of 2004
30 of 2007
2 of 2013].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
applied in Trinidad and Tobago by the Privileges
and Immunities (Diplomatic, Consular and
International Organisations) Act, is exempt from
the application of social security provisions in
force in Trinidad and Tobago;
(d) employment of any person by an international
organisation of which Trinidad and Tobago or the
Government of Trinidad and Tobago is a member,
and where by reason of such employment such
person participates in a scheme for social security
benefits operated by the organisation; and for this
purpose the term “international organisation”
includes a regional organisation.
(3) Notwithstanding subsection (2)(a), a person who is
employed on—
(a) 6th January 2008 and continues in such
employment on and after 7th January 2008 and
earns less than one hundred and twenty
dollars per week;
(b) 3rd March 2013 and continues in such
employment on and after 4th March 2013 and
earns less than one hundred and fifty dollars per
week; or
(c) 2nd March 2014 and continues in such
employment on and after 3rd March 2014 and
earns less than one hundred and eighty
dollars per week,
shall be regarded as an employed person or an insured person for
the purposes of this Act and such employed person shall in
accordance with the Act, pay contribution as specified in Class 1
in the Second Schedule.
(4) Notwithstanding any provision of this Act or any
other written law to the contrary, the Board may register a person
who is sixteen years and over where it deems it necessary to do so.
26 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
Ch. 17:01.
Second
Schedule.
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National Insurance Chap. 32:01 27
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(5) The Board may reject or revoke the registration of
any person purporting to be an employer or an insured person
under this Act, where the registration is as a result of fraud
committed against the Board, misrepresentation, or mistake.
30. (1) Subject to this section, every employer shall make an
application in the Form determined by the Board—
(a) for registration as an employer within fourteen
days of employing his first employee;
(b) for registration of each employed person
including a domestic worker or casual
agricultural worker and each unpaid apprentice
of whom he is the employer within fourteen
days of employment if such employed person or
unpaid apprentice does not provide a National
Insurance Registration Number within seven
days of employment.
(1A) Subject to subsection (1), where an employer is a
limited liability company and makes an application under
subsection (1) for registration of itself and for its employees up
to a maximum of twenty employees, the Board shall register the
employer and employees as the case may be within one working
day from the date of receipt of the application where the Board is
satisfied that the application is in order.
(2) Every employed person other than a self-employed
person and every unpaid apprentice shall furnish his employer
with the personal particular necessary for the completion of any
application for registration within seven days of employment and
shall be responsible for the correctness of such particulars.
(3) Every employer shall inform each employed person
and each unpaid apprentice of whom he is the employer within
twenty-one days of employment whether or not he had applied
for registration of such employee or apprentice.
Registration
and penalty.
[9 of 1999
9 of 2004
30 of 2007
2 of 2013].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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(4) Where the employer fails to apply for registration
of an employee or an unpaid apprentice as required under
subsection (1)(b) and informs the employee accordingly as
required under subsection (3), the employee or the unpaid
apprentice shall apply for registration in the form determined by
the Board within twenty-eight days from the date of employment.
(5) (Deleted by Act No. 30 of 2007).
(6) An employer who fails to apply for registration
in accordance with subsection (1) or fails to comply with
subsection (3) shall be liable on summary conviction to a fine of
five thousand dollars.
(7) An employed person or unpaid apprentice who fails
to apply for registration in accordance with subsection (4) or who
fails to provide the employer with the complete and correct
information required for registration shall be liable on summary
conviction to a fine of five hundred dollars.
30A. Every employed person or unpaid apprentice upon
registration shall be issued with a National Insurance
Registration Card, in such form and containing such information,
as the Board may determine.
31. Any officer in the service of the Board and authorised by
the Executive Director in writing (hereinafter referred to as an
“authorised officer”) may for any purpose related to the
administration of this Act require any employer or any person
authorised by any employer, except a person engaged in a
confidential professional relationship with such employer—
(a) to give him information with respect to
employed persons and unpaid apprentices in the
employment of that employer;
(b) to permit him to inspect any record of employed
persons or unpaid apprentices on any paysheet.
32. (1) An authorised officer may at all reasonable times
enter any premises or place where any business is carried on or
28 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
National
Insurance
Registration
Card.
[9 of 1999
9 of 2004].
Powers of
inspection.
Powers of entry.
[9 of 1999
9 of 2004].
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MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 29
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
anything is done in connection with any business or where there
are any books, records or other documents relating to employed
persons or unpaid apprentices, and—
(a) examine such books, records and other
documents or any other books, records or
documents relating thereto;
(b) search, if necessary with the assistance of any
other person, any building, receptacle or place
for books, records, documents, papers or things
which may afford evidence as to the violation of
any provision of this Act or the Regulations;
(c) if, during the course of the examination, it
appears to the authorised officer that there has
been a violation of this Act or the Regulations,
seize and take away any of the books, records or
other documents relating to employed persons
or unpaid apprentices and retain them until they
are produced in any proceedings; but where
such books, records or other documents are
necessary for the continued operations of the
business, reasonable access thereto shall be
allowed to the employer;
(d) require the employer or any person in the
employment of that employer to give him all
reasonable assistance with, and to answer all
questions relating to, the examination;
(e) access any computer and associated apparatus
used in connection with the production, delivery
or maintenance of records relating to the records
of employees, their remuneration and such other
particulars as may be relevant to the National
Insurance System.
(2) Admission to any premises shall not be demanded
except upon the warrant of a Magistrate for the purpose, but if it
is shown to the satisfaction of a Magistrate on sworn information
in writing—
(a) that admission to any premises has been refused,
or that refusal is apprehended, or that an
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application for admission would defeat the
object of the entry; and
(b) that there is reasonable ground for entry into the
premises for any purpose as is mentioned in
subsection (1),
the Magistrate may by warrant under his hand authorise entry on
the premises, except that such a warrant shall not be issued unless
the Magistrate is satisfied either that notice of the intention to
apply for a warrant has been given to the occupier, or that the
giving of such notice would defeat the object of the entry.
(3) An authorised officer entering any premises by
virtue of this section may take with him such other persons as
may be necessary.
(4) Every warrant granted under this section shall
continue in force until the purpose for which the entry is required
has been satisfied.
(5) Any person who threatens, hinders, molests or
interferes with any person doing anything that he is authorised by
subsection (1) to do or prevents or attempts to prevent any person
from doing any such thing, and any person who, unless he is
unable to do so, fails or refuses to do anything he is required by
this section to do, is liable on summary conviction to a fine of
three thousand dollars and to imprisonment for two years.
32A. (1) Any employee of the Board on being designated by
the Executive Director to so do may furnish or disclose any
information pertaining to the National Insurance Contribution
records of any insured person under this Act to any
Governmental Department, Agency or Statutory Body.
(2) Every Director, Officer or other employee of the
Board whose services are utilised by the Board shall not
communicate to any person not legally entitled thereto any
information relating to the affairs of any person having any
dealing with the Board or relating to the affairs of the Board or
any information furnished by an employer to the Board under any
regulation made under this Act.
30 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
Furnishing
of data.
[9 of 1999].
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National Insurance Chap. 32:01 31
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(3) Any person who acts in contravention of this section
shall be liable upon summary conviction to a fine of ten thousand
dollars and to imprisonment for one year.
33. Any person who in furnishing the particulars for any of
the purposes of this Act makes any statement which he knows to
be misleading, false or deceptive, or by any dishonest
concealment of material facts, or by reckless making of any
statement (dishonestly or otherwise) misleads or attempts to
mislead any other person, is liable on summary conviction to a
fine of three thousand dollars and to imprisonment for two years.
34. Any person who contravenes any of the provisions of this
Part, except where the provision by or under which the offence is
created provides the penalty to be imposed, is liable on summary
conviction to a fine—
(a) in the case of an employer, of four thousand
dollars and in the case of a continuing offence to
a further fine of one hundred dollars for each
day on which the offence continues after
conviction;
(b) in any other case, of five hundred dollars and in
the case of a continuing offence to a further fine
of twenty dollars for each day on which the
offence continues after conviction.
35. The Board may make Regulations for the purpose of
giving effect to this Part and in particular for prescribing anything
required or permitted by this Part to be prescribed.
PART III
NATIONAL INSURANCE PROVISIONS
CONTRIBUTIONS
36. (1) There is hereby established a system of compulsory
national insurance under which subject to subsection (2)
employed persons registered or eligible to be registered under
Part II shall be insured under this Act in respect of the several
False
information—
penalty.
Penalty.
Regulations.
[30 of 2007].
System of
National
Insurance.
[9 of 1999].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
contingencies in relation to which benefits are provided under
section 46(1) and there shall be payable to or in respect of such
persons in the prescribed circumstances, any benefit so payable.
(2) An employed person who has not yet attained the
age of sixteen years or who has attained the age of sixty-five
years shall not be insured against any contingency other than
employment injury.
(3) In this section and in sections 37, 38, 41 and 45
the expression “employed person” does not include a self-
employed person.
37. (1) Every employed person and every unpaid apprentice
shall be insured in the manner provided by this Act and the
Regulations against personal injury caused on or after the
appointed day by accident arising out of and in the course of that
person’s employment and there shall be payable in the prescribed
circumstances to or in respect of every such person the type of
benefit (hereinafter called “Employment Injury Benefit”)
specified in section 46(3).
(2) The contribution payable in respect of any employed
person or any unpaid apprentice towards employment injury
benefit shall be payable wholly by the employer of such person.
38. (1) Subject to section 37 and Tables A1, A2, A3, A4, A5,
A6, A7 and A8 of the Second Schedule, contributions payable in
respect of an employed person who has attained the age of sixteen
years but has not yet attained the age of sixty-five years, shall be
paid partly by that employed person and partly by his employer.
(2) Payment of contribution in respect of an employed
person referred to in subsection (1) shall be effected by his
employer who shall deduct from the earnings of the employed
person at the time that payment of such earnings is made, a sum
equal in amount to the part of the contribution payable by the
employed person.
(3) Where an employer fails to make a deduction in
accordance with subsection (2), he shall not make that deduction
at any time thereafter and shall be liable to the Board for the total
outstanding sum.
32 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
Insurance
against
employment
injury.
Contributions to
be paid partly
by employed
person and
partly by
employer.
Second
Schedule.
[27 of 1974
9 of 2004
30 of 2007
2 of 2013].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 33
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L.R.O.
38A. (1) Every employer shall issue his employee within
thirty days of termination of employment of such employee a
certificate setting out—
(a) the employee’s total insurable wages for the
contribution year;
(b) the total amount of contributions deducted from
those wages;
(c) the total amount of contributions paid to the
Board; and
(d) the number of contribution weeks covered by
those contributions.
(2) A copy of the certificate issued to the employee shall
be forwarded to the Board on the same day the certificate is
issued to the employee.
(3) An employer who fails to issue the certificate
referred to in this section to an employee or fails to forward a
copy of such certificate to the Board is liable on summary
conviction to a fine of four thousand dollars and to imprisonment
for six months.
39. Where an employer in accordance with section 38(2)
deducts from the earnings of any person in his employment, the
employer shall as against that person be acquitted and discharged
of so much money as is represented by the deduction as if that
sum had actually been paid to that person.
39A. The amount of money due and payable by an employee
or by an employer as a contribution under this Part shall—
(a) be deemed to be held in trust for the Board by
the employer;
(b) not be subject to attachment in respect to any
debt or liability of the employer; and
(c) form no part of the assets of the employer in the
event of liquidation, assignment or bankruptcy
of the employer or his business.
Certificate
and penalty.
[9 of 1999].
Discharge of
liability.
Statutory trust.
[9 of 1999
9 of 2004
30 of 2007].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
39B. Where any employer fails to pay the amount of
contributions payable by him to the Board under the provisions
of this Act by the fifteenth day after the due date, he shall be
liable to pay—
(a) a penalty of twenty-five per cent of the
outstanding sum; or
(b) penalty of one hundred per cent of the outstanding
sum, where the period for which the contributions
were retained, is in excess of five years; and
(c) interest on the entire sum (penalty and
outstanding sum at the rate of fifteen per cent
per annum from the sixteenth day of the
following month until payment).
39C. (1) Notwithstanding any written law to the contrary,
there shall be a waiver of all penalties and interest due and
payable under section 39B in respect of contributions outstanding
as at 16th September 2011 by employers under this Act, where
the contributions are paid during the period 10th October 2011
to 30th June 2012.
(2) The waiver under subsection (1) applies to—
(a) employers who were registered with the Board
prior to 10th October 2011; and
(b) contributions due for periods on or before
5th September 2011 in respect of employees
who were determined to be employed by the
respective employer prior to 10th October 2011.
(3) The waiver under subsection (1) shall not affect the
obligation of an employer to pay contributions in accordance
with sections 38, 39, 39A and 39B.
(4) Where an employer fails to pay the outstanding
contributions by 30th June 2012, the penalties and interest that
would have been payable in respect of failure to pay the
contributions shall be revived and become payable as if the
waiver in subsection (1) had not been granted.
34 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
Interest.
[9 of 1999
30 of 2007].
Waiver of
penalties.
[2 of 2012].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 35
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
40. An employer who fails or neglects to pay or effect
payment of contribution in respect of any person in his
employment who is required to be insured under this Act, is liable
on summary conviction to a fine of four thousand dollars and six
months imprisonment and in the case of a continuing offence
shall be liable in respect of each person for whom he neglected or
failed to pay or effect payment of contribution, a further fine of
one hundred dollars a day for each day that the offence continues
after conviction.
41. (1) Rates of contribution shall be related to the amount
of earnings of the employed person in respect of whom the
contribution is payable—that is to say, the contribution payable
in respect of an employed person shall be based on the assumed
average weekly earnings of the earnings class into which such
employed person falls as shown in Tables A1, A2, A3, A4, A5,
A6, A7 and A8, in the Second Schedule.
(2) The rates of contribution listed—
(a) in Table A1 are effective from 1st March 2004 to
2nd January 2005;
(b) in Table A2 are effective from 3rd January 2005
to 1st January 2006;
(c) in Table A3 are effective from 2nd January 2006
to 6th January 2008;
(d) in Table A4 are effective from 7th January 2008
to 3rd January 2010;
(e) in Table A5 are effective from 4th January 2010
to 1st January 2012;
(f) in Table A6 are effective from 2nd January 2012
to 3rd March 2013;
(g) in Table A7 are effective from 4th March 2013
to 2nd March 2014; and
(h) in Table A8 are effective from 3rd March 2014.
42. (1) An insured person who is not liable to pay
contributions by reason of the fact that he is no longer an
Offence and
penalty.
[27 of 1974].
Rates of
contributions.
[9 of 2004
30 of 2007
2 of 2013].
Second
Schedule.
Voluntary
contributions.
[23 of 1980].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
employed person but who has not yet attained the age of sixty
years shall, on making application to the Board within such time
and in such manner as may be prescribed, be entitled to receive a
certificate of voluntary insurance.
(2) The holder of a certificate of voluntary insurance
may pay, subject to such conditions, within such time and in such
a manner as the Board may determine, a contribution at the
prescribed rate for any period for which he is not otherwise liable
to pay a contribution.
(3) Any default in paying the contribution at the rates
and within the time prescribed by the Board may result in the
cancellation of the certificate of voluntary insurance.
43. There are hereby established—
(a) the Employment Injury Benefit Fund;
(b) the Short Term Benefits Fund; and
(c) the Long Term Benefits Fund,
to be operated and managed by the Board for the purpose of
providing moneys required for the payment of benefits under
this Act and to which shall be credited contributions paid by
employers, employed persons and the holders of certificates of
voluntary insurance.
44. The Board may make Regulations relating to contributions
generally and in particular may by such Regulations—
(a) fix the rates of voluntary contributions;
(b) prescribe the days on which and the manner in
which contributions shall be paid and collected;
(c) provide for the exemption of employed persons
from liability to pay contribution in
certain circumstances;
(d) provide for contributions to be credited to
employed persons for periods for which they
were exempted from liability to pay
such contributions;
36 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
Establishment
of funds.
Board to make
Regulations
with regard to
contributions.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 37
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(e) provide for treating for the purposes of a right
to any benefit, contributions paid after the due
dates as paid on such dates or on such later dates
as may be prescribed or as not having been paid
and for treating contributions payable by an
employer on behalf of an employed person or
unpaid apprentice but not so paid as paid where
the failure to pay is shown not to have been with
the consent or connivance of or attributable to
any negligence on the part of the employed
person or unpaid apprentice;
(f) provide for the refund of contributions paid
in error;
(g) prescribe the conditions under which
contributions paid at the wrong rate or on the
wrong date may be treated as paid on account of
contributions properly payable;
(h) prescribe penalties for offences against
the Regulations.
45. Where an employed person is employed by more than
one person or where his earnings are paid jointly by more than
one person during any contribution year in which a contribution
is payable or where such employed person works under the
control and management of some person other than his
immediate employer, the Board shall total all contributions paid
for the employed person in that year and place the employed
person in the highest class that such total contribution would
permit for the number of weeks worked.
45A. (1) Where the Board believes that any person is indebted
to or liable to make a payment to another person and that other
person is indebted to the Board for unpaid National Insurance
Contributions under this Act, the Executive Director may deliver
to the first-mentioned person a demand for payment stating—
(a) the name of the person indebted to the Board;
(b) the amount of the debt due to the Board,
including penalty and interest on the entire sum
at the rate as specified in section 39B;
Board to total
contributions
paid by persons.
[9 of 2004].
Garnishment.
[9 of 1999
9 of 2004].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
(c) where the first-mentioned person is the
employer of the person indebted to the Board,
the amount demanded for each pay period,
being an amount not exceeding one-third of the
sum payable to the employee during that period,
expressed either as a dollar amount or a
percentage of remuneration.
(2) Every person who received a demand for payment
under subsection (1) relating to one of his employees shall pay to
the Board at the same time as he would pay that employee the
amount demanded by the Executive Director or the amount of
the employee’s indebtedness to the Board whichever is the lesser,
and shall continue to do so on each occasion that the employee is
entitled to be paid until the employee’s indebtedness to the Board
is satisfied.
(3) Every person who receives a demand for payment
under subsection (1) relating to some person other than one of his
employees shall, if he is indebted to or liable to make a payment to
that other person, pay to the Board the amount of his indebtedness
or the amount which he is liable to pay to that person or the amount
of that person’s indebtedness to the Board whichever is the lesser.
(4) Every person who has discharged any liability to a
person indebted to the Board under this Act after receiving a
demand for payment under subsection (1) without complying
with subsection (2) or (3) is liable to pay to the Board an amount
equal to the liability discharged or which he was required under
subsection (2) or (3) to pay to the Board whichever is the lesser.
(5) The payment of an amount to the Board under
subsection (2) or (3) operates as a discharge of any liability of the
person making the payment to the person to whom the payment
would have been paid, to the extent of the amount paid to the Board.
(6) This section shall have effect notwithstanding the
Truck Act.
38 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
Ch. 88:07.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 39
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
BENEFITS
46. (1) From the appointed day the benefits payable to or in
respect of persons insured under section 36(1), shall be—
(a) sickness benefit, that is to say, periodical
payments to an employed person who is
rendered incapable of work;
(b) maternity benefit, that is to say, a lump sum
payment in the case of the pregnancy or
confinement of an employed woman;
(bb) maternity grant that is to say, a payment in the
case of the pregnancy or confinement of an
insured woman;
(bc) maternity allowance, that is to say, a payment in
the case of the pregnancy or confinement of an
employed woman;
(bd) special maternity grant, that is to say, a lump
sum payment paid in the case of the pregnancy
or confinement of the spouse of an insured man
where the spouse of an insured man where the
spouse would not otherwise qualify for
maternity benefit.
(c) invalidity benefit, that is to say, a payment or
periodic payments to an insured person who is
likely to remain incapable of work for a period
of not less than twelve months where such
incapacity is caused otherwise than by way of
employment injury;
(d) funeral grant, that is to say, a payment on the
death of an insured person;
(e) retirement pension, that is to say, periodical
payments to an insured person who has attained
retirement age, and who has made the
prescribed number of contributions;
(f) retirement grant, that is to say, a lump sum
payment, in such amount as the Board may
prescribe, to an insured person who has attained
retirement age but who does not qualify for
retirement pension by reason of not having
made the prescribed number of contributions;
Benefits.
[27 of 1974
27 of 1977
23 of 1980
9 of 1999
9 of 2004
30 of 2007].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
(g) survivor’s benefit, that is to say, a payment or
periodical payments more particularly described
in subsection (2) made in respect of an insured
person who dies otherwise than by way of
employment injury;
(h) a claim for survivor’s benefit shall not be paid
where it is made in respect of a deceased insured
person who was paid a retirement grant or had
attained retirement age and would have been
entitled to a retirement grant had he made a
claim for benefit or would have been paid a
retirement grant in respect of his claim for
retirement benefit had he survived.
(2) In this section “survivor’s benefit” means—
(a) widow’s pension payable to the widow of the
deceased for life or until she remarries,
whichever is sooner, and where the widow
remarries, a grant is payable on the termination
of the benefit, by reason of the widow’s
remarriage; and
(b) widower’s pension payable to the widower of the
deceased for life or until he remarries, whichever
is sooner, and where the widower remarries, a
grant is payable on the termination of the benefit,
by reason of the widower’s remarriage;
(c) (Repealed by Act No. 9 of 2004);
(d) child’s allowance, payable in respect of a child
of the deceased;
(e) orphan’s allowance, payable in respect of a child
of two deceased insured parents where such
child has by reason of the death of two deceased
insured parents been rendered an orphan; or
(f) parent’s pension, payable to parents of the
deceased where at the date of death of the
deceased such parents were being wholly or
mainly maintained by him.
40 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 41
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(3) Subject to this Act, employment injury benefit shall
be paid to or in respect of persons insured under section 37 and
such benefit may be in the nature of—
(a) an injury benefit, payable where the insured
person is rendered incapable of work;
(b) a disablement pension payable where the
insured person suffers severe loss of physical or
mental faculty or where the loss of faculty is not
severe, a disablement grant;
(c) a death benefit payable where the insured person
dies as a result of the injury, that is to say—
(i) widow’s pension payable as from the date
of death of the insured person to his
widow for life or until she remarries,
whichever is sooner, and where the
widow remarries, a grant is payable on the
termination of the benefit, by reason of
the widow’s remarriage;
(ii) widower’s pension payable as from the
date of death of the insured person to her
widower for life or until he remarries,
whichever is sooner, and where the
widower remarries, a grant is payable on
the termination of the benefit, by reason
of the widower’s remarriage;
(iii) child’s benefit payable periodically in
respect of a child of an insured person;
(iv) parent’s benefit, payable to parents of an
insured person where such parents were at
the date of death of the insured person
being wholly or mainly maintained by him.
(4) In addition to the benefits described in subsection (3),
medical expenses shall be paid at rates fixed in accordance with
subsection (6), to insured persons who suffer personal injury by
accident arising out of or in the course of their employment.
(5) The Board may make Regulations relating
generally to the payment of medical expenses and in
particular may by such Regulations—
(a) prescribe the conditions subject to which and
the period in respect of which such expenses
shall be paid;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
(b) provide for the appointment and prescribe the
functions of medical referees.
(6) The Minister shall by Order fix the rates of payment
and prescribe a maximum payment of medical expenses.
(7) In this Act references to loss of physical faculty shall
be construed as including reference to disfigurement, whether or
not accompanied by any actual loss of faculty.
(8) For the purposes of this Act, an accident arising in
the course of an employed person’s employment shall be deemed,
in the absence of evidence to the contrary, also to have arisen out
of the employment.
47. (1) Insurance against personal injury arising out of and
in the course of employment shall include insurance against
any prescribed disease and against any prescribed personal injury
not so caused being a disease or injury caused by the nature of
the employment.
(2) The Board on being satisfied that a disease or injury
ought to be treated having regard to its cause and incidence as a
risk to persons engaged in a particular employment and not as a
risk common to all persons and that certain cases of such disease
or injury may with reasonable certainty be attributed to the nature
of such employment, may make Regulations prescribing any
such disease or injury and such Regulations may provide for
determining the time at which a person is to be treated as having
developed any prescribed disease or injury and the circumstances
in which any such disease or injury (in cases where the employed
person has previously suffered therefrom), is to be treated as
having been contracted or received afresh.
(3) The Minister may by Order add any disease or injury
to or remove any disease or injury from the diseases and injuries
prescribed by the Regulations made under subsection (2) and
may by such Order add other types of employment to or remove
any type of employment from the types of employment specified
in those Regulations in respect of any such disease or injury.
48. The benefit in respect of a prescribed disease or injury
shall be payable under the same conditions as the benefit in
42 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
Industrial
disease.
[27 of 1977].
Prescribed
disease benefit.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 43
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
respect of personal injury by accident arising out of and in the
course of employment.
49. An assignment of or charge on any benefit or an agreement
to assign or charge any benefit shall be void and on the bankruptcy
of a beneficiary the benefit shall not pass to any trustee or other
person acting on behalf of the creditors of the beneficiary.
49A. Where any person is paid any benefits in excess of the
amount to which that person is entitled under this Act the Board
shall be entitled to recover without prejudice to any other remedy,
such excess by means of deductions from any other benefits
payable to such person.
50. (1) Where in the determination of any claim for benefit it
is found that such benefit is lost by reason only that an employer
has failed or neglected to pay any contribution in respect of an
insured person or to comply with any requirement relating to the
payment or collection of contributions, then where the claim is by
the insured person or a survivor of the insured person the Board
shall pay to such insured person or survivor as the case may be a
sum equal in amount to the benefit so lost and thereupon such sum
shall become due to the Board by the employer and shall be
recoverable in accordance with section 66.
(2) Proceedings under this section shall be brought—
(a) within one year after the date on which the
benefit would but for the employer’s failure or
neglect have been payable; and
(b) without prejudice to the institution of
proceedings under any other provision of this
Act or the Regulations in respect of the
employer’s failure or neglect.
51. An accident shall be deemed to arise out of or in the
course of a person’s employment although he is at the time of the
accident acting in contravention of any statutory or other
regulations, applicable to his employment or of any orders given
by or on behalf of his employer, or he is acting without
instructions from his employer, if—
(a) the accident would have been deemed so to have
arisen had the act not been done in contravention
Benefits to be
inalienable.
Recovery of
excess payment.
[9 of 1999].
Benefit lost by
employer’s
default.
Accidents
happening while
acting in breach
of regulations,
etc.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
of the statutory or other regulations applicable to
his employment or without instructions from his
employer, as the case may be; and
(b) the act is done for the purposes of and in
connection with the employer’s trade or business.
52. (1) An accident happening while a person is, with the
express or implied permission of his employer, travelling as a
passenger in any vehicle to or from his place of work shall,
although he is under no obligation to his employer to travel in any
vehicle, be deemed to arise out of and in the course of his
employment if—
(a) the accident would have been deemed so to have
arisen had he been under such an obligation; and
(b) at the time of the accident the vehicle—
(i) was being operated by or on behalf of his
employer or some other person by whom it
is provided in pursuance of arrangements
made with the employer; and
(ii) was not being operated in the ordinary
course of a public transport service.
(2) In this section references to a vehicle includes
reference to a ship, vessel or aircraft.
53. An accident happening to a person in or about any
premises at which he is for the time being employed for the
purpose of his employer’s trade or business or for the purpose of
serving his apprenticeship shall be deemed to arise out of and in
the course of his employment if it happens while he is taking
steps, in an actual or supposed emergency at those premises, to
rescue, succour or protect persons who are, or are thought to be
or possibly to be, injured or imperilled, or to avert or to minimise
serious damage to property.
54. (1) Subject to subsection (2) and section 54A rates of
benefit payable to or in respect of an insured person shall be
related to the rates of contribution paid in respect of such person—
that is to say, the rates of the different benefits shall be fixed
44 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
Accidents
happening while
travelling in
employer’s
transport.
Accident
happening while
meeting
emergency.
Rates of benefit.
[23 of 1980
9 of 1999
9 of 2004
30 of 2007
2 of 2013].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 45
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
according to the earnings class into which an insured person falls
as shown in—
(a) Tables A3, B3, C3 and D3 up to 6th January
2008;
(b) Tables A4, B4, C4 and D4 from 7th January
2008 up to 3rd March 2013;
(c) Tables A5, B5, C5 and D5 from 4th March 2013
up to 2nd March 2014; and
(d) Tables A6, B6, C6 and D6 from 3rd March 2014,
respectively, in the Third Schedule.
(2) In assessing the entitlement of an insured person to
benefit (other than employment injury benefit) rates of
contribution paid in respect of such person shall be taken into
account and an average rate of contribution determined therefrom.
The earnings class to which this average rate corresponds shall be
the earnings class in which benefit shall be paid the insured person.
(3) For the purposes of the payment of employment
injury benefit, unpaid apprentices shall be taken as falling into
the lowest earnings class.
54A. (1) An insured person who is eligible to receive or is
in receipt of sickness or maternity benefit during the period
3rd May 1999 to 29th February 2004 and continues to receive
benefit on or after 1st March 2004, shall be paid at the rate of
benefit in accordance with Table A1 in the Third Schedule.
(2) Where an insured person qualifies for retirement
pension, invalidity pension or survivor’s benefit during the period
1st March 2004 to 6th January 2008 and payment is to commence
during that period, the rate of contribution which is to be used to determine
the average rate in accordance with section 54(2) of the Act shall—
(i) where contributions were paid prior to
11th August 1980 be converted to rates in
effect on 1st March 2004 in accordance
with Table C1 of the Second Schedule;
Third Schedule.
Benefit in
accordance with
earnings class.
[9 of 1999
9 of 2004
30 of 2007].
Table A1.
Third Schedule.
Table C1.
Second
Schedule.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
(ii) where contributions were paid on or after
11th August 1980 to 2nd May 1999, be
converted to rates in effect on 1st March
2004 in accordance with Table C2 of the
Second Schedule;
(iii) where contributions were paid on or after
3rd May 1999 to 29th February 2004 be
converted to rates in effect on 1st March
2004 in accordance with Table C3 of the
Second Schedule;
(iv) where contributions are paid on or after
1st March 2004 to 2nd January 2005, be
converted to rates in effect on 3rd January
2005 in accordance with Table A2 of the
Second Schedule; and
(v) where contributions are paid on or after
3rd January 2005 to 6th January 2008, be
converted to rates in effect on 2nd January
2006 in accordance with Table A3 of the
Second Schedule.
(2A) Where an insured person qualifies for sickness
benefit or maternity benefit on or after 1st March 2004 and
payment is to commence on or after that day, the rate of
contribution which is to be used to determine the average rate in
accordance with section 54(2) of the Act shall—
(i) where contributions were paid prior to 1st
March 2004, be converted in accordance
with the rates shown in Table C4 of the
Second Schedule;
(ii) where contributions were paid on or after
1st March 2004 to 2nd January 2005, be
converted to rates in effect on 3rd January
2005 in accordance with Table C5 of the
Second Schedule; and
(iii) where contributions were paid on or after
3rd January 2005 to 1st January 2006, be
46 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
Table C2.
Second
Schedule.
Table C3.
Second
Schedule.
Table A2.
Second
Schedule.
Table A3.
Second
Schedule.
Table C4.
Second
Schedule.
Table C5.
Second
Schedule.
UNOFFICIAL VERSION
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National Insurance Chap. 32:01 47
LAWS OF TRINIDAD AND TOBAGO
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converted to rates in effect on 2nd January
2006 in accordance with Table C6 of the
Second Schedule.
(3) Persons who qualified for the receipt of retirement,
invalidity or survivor benefit prior to 11th August 1980 and who
continue to be eligible to receive such benefit on or after
3rd May 1999 shall be paid increased benefit in accordance with
Tables B2(A) and C2(A) from 3rd May 1999.
(4) Persons who qualified for the receipt of retirement,
invalidity, or survivor benefit after 11th August 1980 and who
continue to be eligible to receive such benefits on or after
3rd May 1999 shall be paid increased benefit in accordance with
Tables B2(B) and C2(B) from 3rd May 1999.
(4A) Persons who qualified for the receipt of retirement
pension, invalidity pension or survivor’s benefit from 1st March
2004 to 6th January 2008—
(a) shall be paid such benefit in accordance with Part I
of Tables B3 and C3 of the Third Schedule, with
effect from 1st March 2004; and
(b) shall be paid the increments to those benefits
and such increments shall be calculated at the
increased rates in accordance with Part II of the
Tables in paragraph (a).
(4B) Notwithstanding the benefit rates in respect of
retirement pension shown in Parts I and II of Table B3 of the Third
Schedule of the Act, the Board shall pay with effect from
1st March 2004 to 6th January 2008, the sum of one thousand
dollars monthly, as a pension to each person qualifying for a
retirement pension of less than one thousand dollars under the Act.
(4C) Subsection (4B) applies only to insured persons
who have paid seven hundred and fifty or more contributions in
Trinidad and Tobago.
(4D) Persons who qualified for the receipt of retirement
pension, invalidity pension or survivor’s benefit prior to
1st March 2004 and continue to be eligible to receive such benefit
on or after 1st March 2004, shall be paid increased benefits in
accordance with Tables B3 and C3.
Table C6.
Second
Schedule.
Tables B2(A),
C2(A).
Tables B2(B),
C2(B).
Tables B3, C3.
Third Schedule.
Table B3.
Third Schedule.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
(5) Persons who qualified for the receipt of injury
disablement or death benefit prior to 3rd May 1999 and continue
to be eligible to receive such benefit on or after 3rd May 1999
shall be paid increased benefit in accordance with Table D2 from
3rd May 1999.
(5A) Persons who qualified for the receipt of disablement
pension or death benefit prior to 1st March 2004 and continue to be
eligible to receive such benefit on or after 1st March 2004 shall be paid
increased benefit in accordance with Table D3 from 1st March 2004.
(5B) Persons who qualified for employment injury benefit
including disablement grants, medical expenses and constant care
and attention allowance prior to 1st March 2004 and continue to be
eligible to receive such benefits on or after 1st March 2004,
shall be paid such benefits in accordance with Table D1 and the
National Insurance (Employment Injury) Payment of Medical
Expenses (Amendment) Order, 1999.
(5C) Persons who qualify for the receipt of injury, death
or disablement benefit on or after 1st March 2004, shall be paid
increased benefits in accordance with Table D3.
(6) Notwithstanding the rates of benefit with respect to a
surviving child shown in Tables C1, C2(A), C2(B), C3, D1, D2 and
D3 of the Third Schedule, with effect from 1st March 2004 to
6th January 2008, the Board shall pay to a child qualifying for
death or survivor’s benefit which is less than three hundred and
twenty dollars monthly, death or survivor’s benefit, as the case may
be, in the sum of three hundred and twenty dollars monthly.
(7) Notwithstanding the rates of benefit with respect to an
orphan shown in Tables C1, C2(A), C2(B) and C3 of the Third
Schedule, with effect from 1st March 2004 to 6th January 2008, the
Board shall pay to an orphan qualifying for survivor’s benefit
which is less than six hundred and forty dollars monthly, survivor’s
benefit in the sum of six hundred and forty dollars monthly.
54B. (1) An insured person who is eligible to receive or is in
receipt of sickness or maternity benefit during the period 1st March
2004 to 6th January 2008 and continues to receive the benefit on
or after 7th January 2008, shall be paid at the rate of benefit in
accordance with Table A3 in the Third Schedule.
48 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
Table D2.
Table D3.
Table D1.
Sub. Leg.
30/2004.
Third Schedule.
Third Schedule.
Benefits in
accordance with
earnings class
from 7th
January 2008.
[30 of 2007
2 of 2012
2 of 2013].
Table A3.
Third Schedule.
UNOFFICIAL VERSION
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(2) Where an insured qualifies for retirement pension,
invalidity pension or survivor’s benefit during the period
7th January 2008 to 3rd March 2013 and payment is to
commence during that period, the rate of contribution which is
to be used to determine the average rate in accordance with
section 54(2) of the Act shall where contributions—
(a) were paid prior to 11th August 1980 be converted to
rates in effect on 7th January 2008, in accordance
with Table C1(A) of the Second Schedule;
(b) were paid on or after 11th August 1980 to
2nd May 1999, be converted to rates in effect
on 7th January 2008 in accordance with
Table C2(A) of the Second Schedule;
(c) were paid on or after 3rd May 1999 to
6th January 2008, be converted to rates in
effect on 7th January 2008 in accordance with
Table C3(A) of the Second Schedule;
(d) are paid on or after 7th January 2008 to
3rd January 2010, be converted to rates in
effect on 4th January 2010 in accordance with
Table A5 of the Second Schedule; and
(e) are paid on or after 4th January 2010 to
1st January 2012, be converted to rates in
effect on 2nd January 2012 in accordance with
Table A6 of the Second Schedule.
(3) Where an insured person qualifies for sickness
benefit or maternity benefit during the period 7th January 2008
to 3rd March 2013 and payment is to commence during that
period, the rate of contribution which is to be used to determine
the average rate in accordance with section 54(2) of the Act shall,
where contributions were paid—
(a) prior to 7th January 2008, be converted in
accordance with the rates shown in Table C4(A)
of the Second Schedule;
(b) on or after 7th January 2008 to 3rd January
2010, be converted to rates in effect on
4th January 2010 in accordance with Table C5(A)
of the Second Schedule; and
Table C1(A).
Second
Schedule.
Table C2(A).
Second
Schedule.
Table C3(A).
Second
Schedule.
Table A5.
Second
Schedule.
Table A6.
Second
Schedule.
Table C4(A).
Second
Schedule.
Table C5(A).
Second
Schedule.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
(c) on or after 4th January 2010 to 1st January
2012, be converted to rates in effect on
2nd January 2012, in accordance with Table C6(A)
of the Second Schedule.
(4) Persons who qualified for the receipt of retirement
pension, invalidity pension or, survivor’s benefit from
7th January 2008 to 3rd March 2013 shall be paid—
(a) such benefit in accordance with Part I of Tables
B4 and C4 of the Third Schedule, with effect
from 7th January 2008; and
(b) the increments to those benefits and the
increments shall be calculated at the increased
rates in accordance with Part II of the Tables in
paragraph (a).
*(5)Notwithstanding the benefit rates in respect of
retirement pension shown in Parts I and II of Table B4 of the
Third Schedule of the Act, the Board shall pay with effect from
7th January 2008 to 31st January 2012 the sum of two thousand
dollars monthly, as a pension to each person qualifying for or in
receipt of a retirement pension of less than two thousand dollars
under the Act.
(5A) Notwithstanding the benefit rates in respect of
retirement pension shown in Parts I and II of Table B4 of the
Third Schedule of the Act, the Board shall pay with effect from
1st February 2012 the sum of three thousand dollars monthly, as a
pension to each person qualifying for or in receipt of a retirement
pension of less than three thousand dollars under the Act.
(6) Subsections (5) and (5A) apply only to insured
persons who have paid seven hundred and fifty or more
contributions in Trinidad and Tobago.
(7) Persons who qualified for the receipt of retirement
pension, invalidity pension or survivor’s benefit prior to
7th January 2008 and continue to be eligible to receive the benefit
from 7th January 2008 to 3rd March 2013, shall be paid increased
benefits in accordance with Tables B4 and C4.
50 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
*See Note on Act No. 2 of 2012 on page 3.
Table C6(A).
Second
Schedule.
Tables B4, C4.
Third Schedule.
Table B4.
Third Schedule.
Table B4.
Third Schedule.
Tables B4, C4.
Third Schedule.
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(8) Persons who qualified for the receipt of disablement
pension or death benefit prior to 7th January 2008 and continue
to be eligible to receive the benefit from 7th January 2008 to
3rd March 2013, shall be paid increased benefits in accordance
with Table D4 from 7th January 2008.
(9) Persons who qualified for employment injury benefit
including disablement grants, medical expenses and constant
care and attention allowance prior to 7th January 2008 and
continue to be eligible to receive such benefits on or after
7th January 2008, shall be paid increased benefits in accordance
with Table D3 and the National Insurance (Employment Injury)
Payment of Medical Expenses (Amendment) Order, 2004.
(10) Persons who qualify for the receipt of injury, death
or disablement benefit from 7th January 2008 to 3rd March 2013,
shall be paid increased benefits in accordance with Table D4.
(11) Notwithstanding the rates of benefit with respect
to a surviving child shown in Tables C1, C2(A), C2(B), C3, C4,
D1, D2, D3 and D4 of the Third Schedule, the Board shall with
effect from 7th January 2008 to 3rd March 2013, pay to a child
qualifying for death or survivor’s benefit which is less than four
hundred dollars monthly, death or survivor’s benefit, as the case
may be, in the sum of four hundred dollars monthly.
(12) Notwithstanding the rates of benefit with respect
to an orphan shown in Tables C1, C2(A), C2(B), C3 and C4 of
the Third Schedule, with effect from 7th January 2008 to
3rd March 2013, the Board shall pay to an orphan qualifying for
survivor’s benefit which is less than eight hundred dollars
monthly, survivor’s benefit in the sum of eight hundred dollars
monthly.
(13) Notwithstanding the benefit rates in respect of
widow’s pension and widower’s pension shown in Parts I and II
of Tables C1, C2(A), C2(B), C3, C4, D1, D2, D3 and D4 of the
Third Schedule of the Act, the Board shall with effect from
7th January 2008 to 3rd March 2013, pay the sum of four
hundred dollars monthly, as a pension to each person qualifying
for a widow’s or widower’s pension of less than four hundred
dollars monthly under the Act.
Table D4.
Third Schedule.
Table D3.
Third Schedule.
Table D4.
Tables C1,
C2(A), C2(B),
C3, C4, D1,
D2, D3, D4.
Third Schedule.
Tables C1,
C2(A), C2(B),
C3 and C4.
Third Schedule.
Tables C1,
C2(A), C2(B),
C3, C4, D1,
D2, D3 and D4.
Third Schedule.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
(14) Notwithstanding the benefits the rates in respect of
parent’s pension shown in Parts I and II of Tables C1, C2(A),
C2(B), C3, C4, D1, D2, D3 and D4 of the Third Schedule of
the Act, the Board shall with effect from 7th January 2008 to
3rd March 2013, pay the sum of two hundred dollars monthly,
as a pension to each person qualifying for a parent’s pension of
less than two hundred dollars monthly under the Act.
54C. (1) An insured person who is eligible to receive or is in
receipt of sickness or maternity benefit during the period
7th January 2008 to 3rd March 2013 and continues to receive the
benefit on or after 4th March 2013, shall be paid at the rate of
benefit in accordance with Table A4 in the Third Schedule.
(2) Where an insured person qualifies for retirement
pension, invalidity pension or survivor’s benefit during the
period 4th March 2013 to 2nd March 2014 and payment is
to commence during that period, the rate of contribution which is
to be used to determine the average rate in accordance with
section 54(2) of the Act shall, where contributions—
(a) were paid prior to 11th August 1980, be
converted to rates in effect on 4th March 2013
in accordance with Table C1(B) of the
Second Schedule;
(b) were paid on or after 11th August 1980 to
2nd May 1999, be converted to rates in effect on
4th March 2013, in accordance with Table
C2(B) of the Second Schedule; and
(c) were paid on or after 3rd May 1999 to
3rd March 2013 be converted to rates in effect
on 4th March 2013, in accordance with
Table C3(B) of the Second Schedule.
(3) Where an insured person qualifies for sickness
benefit or maternity benefit during the period 4th March 2013 to
2nd March 2014 and payment is to commence during that period,
the rate of contribution which is to be used to determine the
average rate in accordance with section 54(2) of the Act shall,
52 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
Tables C1,
C2(A), C2(B)
C3, C4, D1, D2,
D3 and D4.
Third Schedule.
Benefits in
accordance with
earnings class
from 4th March
2013.
[2 of 2013].
Third Schedule.
Second
Schedule.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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National Insurance Chap. 32:01 53
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
where contributions were paid prior to 4th March 2013, be
converted in accordance with the rates shown in Table C4(B)
of the Second Schedule.
(4) Persons who qualify for the receipt of retirement
pension, invalidity pension or survivor’s benefit from
4th March 2013 to 2nd March 2014, shall be paid—
(a) such benefit in accordance with Part I of
Tables B5 and C5 of the Third Schedule,
effective 4th March 2013; and
(b) the increments to those benefits and the
increments shall be calculated at the increased
rates in accordance with Part II of the Tables
listed in paragraph (a).
(5) Persons who qualify for the receipt of retirement
pension, invalidity pension or survivor’s benefit prior to
4th March 2013, and continue to be eligible to receive the benefit
on or after 4th March 2013 shall be paid increased benefits in
accordance with Tables B5 and C5 from 4th March 2013 to
2nd March 2014.
(6) Persons who qualify for the receipt of disablement
pension or death benefit prior to 4th March 2013 and continue
to be eligible to receive the pension or benefit on or after
4th March 2013, shall be paid increased benefits in accordance
with Table D5 of the Third Schedule from 4th March 2013 to
2nd March 2014.
(7) Persons who qualify for injury benefit,
disablement grants, medical expenses and constant care and
attendance allowance prior to 4th March 2013 and continue to
be eligible to receive such benefits on or after 4th March 2013,
shall be paid benefits in accordance with Table D4 of the
Third Schedule and the National Insurance (Employment Injury)
(Payment of Medical Expenses) Order.
(8) Persons who qualify for the receipt of injury, death
or disablement pension on or after 4th March 2013, shall be
paid increased benefits in accordance with Table D5 of the
Third Schedule.
Second
Schedule.
Third Schedule.
Third Schedule.
226/1979.
Third Schedule.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
(9) Notwithstanding the rates of benefit with respect to
a surviving child shown in Tables C1, C2(A), C2(B), C3, C4, C5,
C6, D1, D2, D3, D4, D5 and D6 of the Third Schedule, the Board
shall, with effect from 4th March 2013, pay to a child
qualifying for death or survivor’s benefit which is less than six
hundred dollars monthly, death or survivor’s benefit, as the case
may be, in the sum of six hundred dollars monthly.
(10) Notwithstanding the rates of benefit with respect to
an orphan shown in Tables C1, C2(A), C2(B), C3, C4, C5 and C6
of the Third Schedule, with effect from 4th March 2013, the
Board shall pay to an orphan qualifying for survivor’s benefit
which is less than twelve hundred dollars monthly, survivor’s
benefit in the sum of twelve hundred dollars monthly.
(11) Notwithstanding the rates of benefit in respect of
widow’s pension and widower’s pension shown in Parts I and II
of Tables C1, C2(A), C2(B), C3, C4, C5, C6, D1, D2, D3, D4,
D5 and D6 of the Third Schedule, the Board shall, with effect
from 4th March 2013, pay the sum of six hundred dollars
monthly, as a pension to each person qualifying for a widow’s or
widower’s pension of less than six hundred dollars monthly.
(12) Notwithstanding the rates of benefit in respect of
parent’s pension shown in Parts I and II of Tables C1, C2(A),
C2(B), C3, C4, C5, C6, D1, D2, D3, D4, D5 and D6 of the
Third Schedule, the Board shall, with effect from 4th March 2013,
pay the sum of three hundred dollars monthly, as a pension to
each person qualifying for a parent’s pension of less than three
hundred dollars monthly.
(13) Notwithstanding subsection (12), where one
parent of the deceased insured dies the surviving parent shall
receive the total amount of six hundred dollars monthly as a
pension where the parent qualifies for less than six hundred
dollars monthly.
(14) In respect of survivor’s benefit, subsections (9),
(10), (11) and (12) apply only where survivor’s benefit was paid
or is payable in respect of a deceased insured person qualified for
a retirement pension or invalidity benefit under this Act.
LAWS OF TRINIDAD AND TOBAGO
54 Chap. 32:01 National Insurance
Third Schedule.
Third Schedule.
Third Schedule.
Third Schedule.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
54D. (1) An insured person who is eligible to receive or is in
receipt of sickness or maternity benefit during the period
4th March 2013 to 2nd March 2014 and continues to receive the
benefit on or after 3rd March 2014, shall be paid at the rate of
benefit in accordance with Table A5 in the Third Schedule.
(2) Where an insured person qualifies for retirement
pension, invalidity pension or survivor’s benefit on or after
3rd March 2014 and payment is to commence on or after that
day, the rate of contribution which is to be used to determine the
average rate in accordance with section 54(2) of the Act shall,
where contributions—
(a) were paid prior to 11th August 1980, be
converted to rates in effect on 3rd March 2014,
in accordance with Table C1(C) of the
Second Schedule;
(b) were paid on or after 11th August 1980 to
2nd May 1999, be converted to rates in effect
on 3rd March 2014, in accordance with
Table C2(C) of the Second Schedule; and
(c) were paid on or after 3rd May 1999 to
2nd March 2014, be converted to rates in
effect on 3rd March 2014, in accordance with
Table C3(C) of the Second Schedule.
(3) Where an insured person qualifies for sickness
benefit or maternity benefit on or after 3rd March 2014 and
payment is to commence on or after that day, the rate of
contribution which is to be used to determine the average rate in
accordance with section 54(2) of the Act shall, where contributions
were paid prior to 3rd March 2014, be converted in accordance
with the rates shown in Table C4(C) of the Second Schedule.
(4) Persons who qualify for the receipt of retirement
pension, invalidity pension or survivor’s benefit on or after
3rd March 2014 shall be paid—
(a) such benefit in accordance with Part I of
Tables B6 and C6 of the Third Schedule,
effective from 3rd March 2014; and
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
National Insurance Chap. 32:01 55
Sickness or
maternity
benefit from 3rd
March 2014.
[2 of 2013].
Third Schedule.
Second
Schedule.
Second
Schedule.
Third Schedule.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
(b) the increments to those benefits and the
increments shall be calculated at the increased
rates in accordance with Part II of the Tables
listed in paragraph (a).
(5) Persons who qualify for the receipt of retirement
pension, invalidity pension or survivor’s benefit prior to
3rd March 2014 and continue to be eligible to receive the benefit
on or after 3rd March 2014, shall be paid increased benefits in
accordance with Tables B6 and C6 of the Third Schedule.
(6) Persons who qualify for the receipt of disablement
pension or death benefit prior to 3rd March 2014 and continue to
be eligible to receive the benefit on or after 3rd March 2014,
shall be paid increased benefits in accordance with Table D6 of
the Third Schedule from 3rd March 2014.
(7) Persons who qualify for injury benefit, disablement
grant, medical expenses and constant care and attendance
allowance prior to 3rd March 2014, and continue to be eligible to
receive such benefits on or after 3rd March 2014, shall be paid
benefits in accordance with Table D5 of the Third Schedule and
the National Insurance (Employment Injury) (Payment of
Medical Expenses) Order.
(8) Persons who qualify for the receipt of injury, death
or disablement pension on or after 3rd March 2014, shall be
paid increased benefits in accordance with Table D6 of the
Third Schedule.
55. The Board shall make Regulations relating to benefits
and in particular may by such Regulations prescribe—
(a) the circumstances in which the rates of benefit
as shown in the Tables set out in the Third
Schedule may be varied;
(b) the sums payable in lump sum payments by way
of grants;
(c) the conditions subject to which and the periods
for which any such benefit or description of
benefit may be granted;
LAWS OF TRINIDAD AND TOBAGO
56 Chap. 32:01 National Insurance
Third Schedule.
Third Schedule.
226/1979.
Third Schedule.
Regulations
in respect
of benefits.
Third Schedule.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
(d) the time within which and the manner in which
the several benefits and descriptions of benefits
shall be claimed and paid and the information
and evidence to be furnished by beneficiaries
when applying for payment;
(e) the circumstances in which and the time for
which a person shall be disqualified for or
disentitled to the receipt of benefit or a benefit
may be forfeited or suspended, including the
prevention of the receipt of two benefits for the
same period and the adjustment of benefits in
the case of any special circumstances;
(f) penalties for offences against the Regulations;
(g) such other matters as may be necessary for the
proper administration of benefits, including the
obligations of persons claiming any benefit and
of beneficiaries and employers.
56. Rates of contribution and rates of benefit as shown in the
Tables in the Second and Third Schedules may be amended by
Order of the Board but only after actuarial review referred to in
section 70.
PART IV
MISCELLANEOUS
57. (1) Where it is desired to harmonise existing pension
fund plans with the system of National Insurance such
harmonisation shall be effected in accordance with Regulations
made by the President in that behalf.
(2) Regulations under this section shall be subject to
affirmative resolution of Parliament.
58. (1) The initial expenditure incurred in establishing the
system of National Insurance shall be defrayed out of moneys
advanced by Parliament.
(2) Temporary insufficiency in the assets of the fund
shall be met from moneys advanced by Parliament.
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
National Insurance Chap. 32:01 57
Amendment
of rates.
Second and
Third
Schedules.
President to
make
Regulations for
harmonisation.
[9 of 1999].
Initial
expenditure
and advances.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
58 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
(3) All moneys advanced by Parliament shall be repaid
by the Board as soon as may be practicable.
59. All claims and questions arising under or in connection
with this Act shall be determined by the Board.
60. (1) The President shall appoint persons to serve on
appeals tribunals as follows:
(a) a person who in the opinion of the President is
independent of the Government, Business and
Labour, as Chairman;
(b) three persons nominated by the Government;
(c) three persons nominated by the associations
most representative of Business;
(d) three persons nominated by the associations
most representative of Labour;
(e) the Chief Medical Officer.
(2) Persons appointed to serve on appeals tribunals,
shall so serve for the period specified in their instrument of
appointment but shall be eligible for reappointment.
(3) Where a person appointed to serve on
appeals tribunals—
(a) absents himself from three consecutive
meetings of any such tribunal, except on leave
granted by the President;
(b) behaves in such a manner as is likely to bring
appeals tribunals into disrepute;
(c) becomes bankrupt, applies to take the benefit of
any law for the relief of bankrupt or insolvent
debtors, compounds with his creditors or makes an
assignment of his remuneration for their benefit;
(d) is on the representation of the associations most
representative of Business and Labour, as the
case may be, no longer a representative of
Business or Labour, as the case may be,
the President shall revoke his appointment.
Determination
of claims and
questions.
Appeals
tribunals.
[27 of 1977].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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LAWS OF TRINIDAD AND TOBAGO
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(4) Subsections (2) and (3) shall not apply to the Chief
Medical Officer.
(5) Persons nominated for appointment to serve on
appeals tribunals shall be selected equally from—
(a) North Trinidad, that is to say, the counties of
St. George, St. David, St. Andrew and Caroni;
(b) South Trinidad, that is to say, the counties of
Nariva, St. Patrick, Victoria and Mayaro; and
(c) the Island of Tobago.
(6) Each appeals tribunal shall consist of the Chairman
and three persons selected by him, one each from among persons
nominated by the Government, Business and Labour respectively.
(7) Where an appeal involves questions of a medical
nature the appeals tribunal shall consist of the persons referred to
in subsection (6) and the Chief Medical Officer.
(8) The Chief Medical Officer shall advise the appeals
tribunal on medical matters generally and in particular shall
recommend to the tribunal which matters should be referred for
the opinion of a panel of medical referees.
(9) Appeals tribunals shall, for the purposes of this Act,
be assisted by a registrar and such other staff as may be allocated
by the Minister from among the officers of his Ministry.
61. Members of appeals tribunals shall be paid such
remuneration and allowances as the President may determine
from moneys provided by Parliament.
62. (1) Appeals from decisions of the Board shall lie to the
Appeals Tribunals on questions of fact only and to the High
Court on questions of law or partly of law and partly of fact and
from the High Court to the Court of Appeal.
(2) The President shall make Regulations relating to
appeals generally and may by such Regulations prescribe the
procedures in accordance with which appeals shall be heard
and determined.
President to
determine
remuneration
of appeals
tribunals.
[27 of 1977].
Appeals from
decisions of the
Board.
[27 of 1977].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
60 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
(3) Provision shall be made by Rules of Court for
regulating appeals to the High Court and the Court of Appeal and
for limiting the time within which such appeals may be brought.
63. (1) Any person who for the purpose of obtaining
any benefit or other payment under this Act, whether for himself
or some other person, or for any other purpose connected with
this Act—
(a) knowingly makes any false statement or false
representation; or
(b) produces or furnishes or causes or knowingly
allows to be produced or furnished, any
document or information which he knows to be
false in any material particular,
is liable on summary conviction to a fine of two thousand dollars
and to imprisonment for a term of six months.
(2) Any person who contravenes any provision of this
Act, except where the provision by or under which the offence is
created provides the penalty to be imposed, is liable on summary
conviction to a fine—
(a) in the case of an employer, of four thousand
dollars and in the case of a continuing offence to
a further fine of one hundred dollars for each
day that the offence continues after conviction;
(b) in any other case, of five hundred dollars and in
the case of a continuing offence a further fine of
twenty dollars for each day that the offence
continues after conviction.
(3) Where an offence under this Act which has been
committed by a body corporate is proved to have been attributable
to any negligence on the part of any director, manager, secretary
or other officer of the body corporate, he as well as the body
corporate shall be deemed to be guilty of that offence and shall be
liable to be proceeded against and punished accordingly.
(4) Nothing in this section shall be construed as
preventing the Board from recovering any sums due to it by
means of civil proceedings.
Offences.
[9 of 1999].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 61
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
64. (1) Proceedings for an offence under this Act shall not
be instituted except by or with the consent of the Executive
Director or by some other officer authorised by him in that behalf.
(2) Any such other officer may, although not of an
Attorney-at-law, prosecute or conduct the proceedings before a
Court of summary jurisdiction.
(3) Notwithstanding any other written law prescribing the
period within which summary proceedings may be commenced,
proceedings for an offence under this Act or the Regulations may
be commenced within twelve months from the date of the
commission of the offence or within three months from the date on
which personal knowledge of the commission of the offence first
came to the Executive Director, whichever period last expires.
(4) For the purposes of subsection (3) a certificate
signed by the Executive Director as to the date on which the
commission of an offence first came to his knowledge, shall be
prima facie evidence thereof.
(5) In any proceedings for an offence under this Act, the
wife or husband of the accused shall be competent but not
compellable to give evidence, whether for or against the accused.
65. (1) In any case where a person has been convicted of
the offence of failing to pay contribution, he shall be liable to pay
to the Board a sum equal to the amount which he failed to pay
together with the applicable penalty and interest.
(2) Where any person is charged with an offence as is
mentioned in subsection (1) and a probation order is made under
the Probation of Offenders Act that person shall be liable to pay
to the Board a sum equal to the amount which he failed to pay as
if the making of the order were a conviction.
(3) Any sum ordered to be paid to the Board under this
section shall be recoverable as a civil debt.
(4) Any sum paid by an employer under this section
shall be treated as a payment in satisfaction of the unpaid
contribution and the insured person’s portion of such contribution
shall not be recoverable by the employer from the insured person.
General
provisions as to
prosecutions
under this Act.
[13 of 1984
30 of 2007].
Recovery of
contributions
on prosecution.
[9 of 1999
30 of 2007].
Ch. 13:51.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
62 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
(5) (Deleted by Act No. 9 of 1999).
(6) Nothing in this section shall be construed as
preventing the Board from recovering any sums due to it by
means of civil proceedings.
65A. (1) Where an employer being a body corporate fails to
pay the Board any sum which such employer has been ordered to
pay by the Courts, every director and manager of such body
corporate, at the time the body corporate was required to pay
that amount, is jointly and severally liable together with the
body corporate to pay the amount, interest and penalties thereto
to the Board.
(2) No director or manager shall be liable for the debt
where he exercised a degree of care, diligence and skill to
prevent the failure to pay, which a prudent person would have
exercised in comparable circumstances.
(3) Nothing in this section shall be construed as
preventing the Board from recovering any sums due to it by
means of civil proceedings.
66. (1) All sums due to the Board including sums due and
payable as National Insurance Contributions under this Act shall
be recoverable as debts due to the Board and without prejudice
to any other remedy may be recovered summarily as a civil debt.
(2) Proceedings for the summary recovery of such sums
may, notwithstanding anything in any written law to the contrary,
be brought at any time within three years from the time when the
matter complained of arose.
(3) Proceedings for the summary recovery as civil debts of
sums due to the Board may be instituted by any officer authorised in
that behalf by the Executive Director and any such officer may,
although not of an Attorney-at-law, conduct such proceedings.
67. (1) The Board may make Regulations modifying in such
manner, subject to subsection (2) as may be proper, the provisions
of this Act in their application to persons who are or have been
outside Trinidad and Tobago while insured under this Act.
Liability of
body corporate.
[9 of 1999].
Civil
proceedings to
recover sums
due to Board.
[13 of 1984
9 of 1999].
Insured persons
outside
Trinidad and
Tobago.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 63
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(2) Regulations under this section shall provide that
where an insured person is throughout any contribution period
outside Trinidad and Tobago and is not in that period an
employed person, he shall not be liable to pay any contribution
as an insured person for that period.
68. (1) Where a claim for employment injury benefit is made
under this Act in respect of any accident or of any prescribed disease
or injury, or an application is made thereunder for a declaration that
any accident was an industrial accident, or for a corresponding
declaration as to any prescribed disease or injury, the Board may
direct that for the purposes of this Act the relevant employment
shall, in relation to that accident, disease or injury, be treated as
having been insurable employment, notwithstanding that, by reason
of a contravention of or non-compliance with some provision
contained in or having effect under any written law passed for the
protection of persons in employment or any class of such persons,
the contract purporting to govern the employment was void or the
person employed was not lawfully employed therein at the time
when or in the place where the accident happened or the disease or
injury was contracted or received.
(2) In this section the expression “relevant
employment” means, in relation to an accident, the employment
out of and in the course of which the accident arises and, in
relation to a prescribed disease or injury, the employment to the
nature of which the disease or injury is attributable.
69. (1) For the purpose of giving effect to any agreement
with the government of any other part of the Commonwealth,
or the government of any foreign country, providing for
reciprocity in matters relating to payments in respect of
interruption of employment by sickness or invalidity, or
payments in respect of the several benefits provided under this
Act, the President may by Order published in the Gazette make
provisions for modifying or adapting this Act in its application to
cases affected by the agreement.
Accidents in
course of illegal
conditions of
employment.
Reciprocal
agreements with
other parts of
Commonwealth.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
64 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
(2) The modification of this Act which may be made by
virtue of subsection (1) shall include provision—
(a) for securing that acts, omissions and events
having any effect for the purposes of the law of
the country in respect of which the agreement is
made shall have a corresponding effect for the
purposes of this Act (but not so far as to confer
a right to double benefit);
(b) for determining, in cases where rights accrue
both under this Act and under the law of that
other country, which of those rights shall be
available to the person concerned;
(c) or making provisions as to administration and
enforcement contained in this Act or the
Regulations applicable also for the law of that
other country.
70. (1) For the purposes of assessing the balance between
the contributions and the rates of benefits, an actuarial review of
the system of national insurance shall be undertaken within three
years of the date on which the first contributions under this Act
are payable and thereafter at five-yearly or such shorter intervals
as the Board may determine and a report of every actuarial
review so undertaken shall be forwarded to the Minister.
(2) In addition to the actuarial review referred to in
subsection (1) the Minister may require an actuarial review to be
undertaken at any time.
(3) Reports of every actuarial review shall be laid
before Parliament by the Minister.
71. Regulations made by the Board shall be subject to
negative resolution of Parliament and may prescribe in respect of
any contravention of such Regulations, a penalty of one thousand
dollars or six months imprisonment.
72. No action or other legal proceedings of any kind
whatever whether now pending or not shall be entertained in
Actuarial
review.
Regulations
subject to
negative
resolution.
[9 of 1999].
Indemnity.
[27 of 1974].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 65
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
respect of or in consequence of any act or thing done or omitted
to be done under or in pursuance of this Act by reason only that
at the material time a Proclamation dated 6th April 1972
purported to have effect in relation to section 46(1)(g) and 46(3).
73. Every pending proceeding commenced by the Executive
Director before the commencement of this Act in any Court for
the recovery of any sums due to the Board under the Act may be
continued and completed by the Board.
74. This Act shall bind the State.
Pending
proceedings.
[9 of 1999].
Act to bind
State.
[9 of 1999].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
66 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
Section 23(1).
[75/1995
213/1999
*31/2006
78/2007
254/2013].
FIRST SCHEDULE
SECURITIES IN WHICH THE FUNDS OF THE
BOARD MAY BE INVESTED
1. The Board may invest in securities of the following classes:
(a) bonds, debentures, stocks or other evidence of indebtedness
of, or guaranteed by the Government of—
(i) the Republic of Trinidad and Tobago;
(ii) any Commonwealth Country;
(iii) the United States of America, or a State thereof;
(iv) any other country, or State thereof, approved by the
Minister with responsibility for Finance,
provided that, with respect to sub-subparagraphs (ii), (iii)
and (iv), the country or State and the particular security shall
carry an investment grade rating by an internationally
recognised rating agency or by any other rating agency
approved by the Minister with responsibility for finance;
(b) bonds or debentures of a corporation that are secured by the
assignment to a trust corporation in Trinidad and Tobago of
an annual payment that the Government has agreed to make,
where such annual payment is sufficient to meet the interest
falling due on the bonds or debentures outstanding and the
principal amount of the bonds or debentures maturing for
payment in the year in which the annual payment is made;
(c) bonds, debentures or other evidences of indebtedness of a
corporation incorporated in Trinidad and Tobago, that are
fully secured by statutory charge upon its real estate or plant
and equipment in Trinidad and Tobago, and upon its
securities of that class then outstanding, provided that all
interest and principal payments as well as other statutory
charges are fully paid up to date;
(d) bonds, debentures and other securities guaranteed by the
International Bank for Reconstruction and Development
established by the Agreement for the International Bank for
Reconstruction and Development;
(e) fully paid ordinary shares, preferred shares, bonds, debentures
or other evidence of indebtedness of, or guaranteed by,
*See Note on page 3.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 67
LAWS OF TRINIDAD AND TOBAGO
a corporation incorporated in any country or State referred to
in subparagraph (a)(i) to (iv), provided that—
(i) subject to paragraph 1B, an investment in ordinary
shares shall not, without the approval of the Minister
with responsibility for finance, exceed thirty per
cent of the total funds of the Board; and
(ii) where an investment in ordinary shares is to be made
in a country or State referred to in subparagraph
(a)(ii) to (iv), the country or State and the particular
country shall carry and investment grade rating by
an internationally recognised rating agency or by
any other rating agency approved by the Minister
with responsibility for finance;
(f) unit certificates, shares or other evidence of participation in
financial assets whose portfolio is regulated by authorities in
a country or State listed in subparagraph (a)(i) to (iv).
1A. Notwithstanding the provisions of paragraph 1, the Board may invest in any
other security as may be approved by the Minister with responsibility for finance.
1B. Investments in countries outside of Trinidad and Tobago shall not
altogether exceed twenty per cent of the total investment portfolio of the Board.
1C. For the purposes of this Schedule, an investment in securities of the
Government of the Republic of Trinidad and Tobago denominated in a foreign
currency shall not be treated as an investment in a country outside of Trinidad
and Tobago.
2. Mortgages and other titles for repayment of loans secured by any of
the securities described at paragraphs 1, 3 and 4.
3. Real estates or leaseholds in Trinidad and Tobago.
4. Cash deposits in—
(a) any financial institution licensed under the Financial
Institutions Act;
(b) any building society approved by the Minister of Finance;
(c) any bank in a country referred to in paragraph 1(a)(i) to (iv),
except in the case of Trinidad and Tobago, approved by the
Minister with responsibility for finance.
Ch. 79:09.
L.R.O. UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
68 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
SE
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No
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3.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 69
LAWS OF TRINIDAD AND TOBAGO
Co
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L.R.O. UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
70 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
Co
ntr
ibu
tio
ns
pa
ya
ble
by
an
em
plo
ye
r i
n r
esp
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UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 71
LAWS OF TRINIDAD AND TOBAGO
Co
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L.R.O. UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
72 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
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UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 73
LAWS OF TRINIDAD AND TOBAGO
CL
AS
S Z
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ON
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.00
–
6,7
16
.99
1,4
75
.00
53
.10
10
6.2
0
1
59
.30
10
.77
XI
V
1,
55
0.0
0 –
1,7
19
.99
6,7
17
.00
–
7,4
52
.99
1,6
35
.00
58
.86
1
17
.72
1
76
.58
11
.94
XV
1
,72
0.0
0 –
1,9
14
.99
7,4
53
.00
–
8,2
99
.99
1,8
18
.00
6
5.4
3
13
0.8
6
1
96
.29
13
.27
XV
I
1
,91
5.0
0 a
nd
ov
er
8
,30
0.0
0 a
nd
ov
er
1
,91
5.0
0
6
8.9
4
13
7.8
8
2
06
.82
13
.98
Co
ntr
ibu
tio
ns
pa
ya
ble
by
an
em
plo
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n r
esp
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t o
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or
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on
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s n
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he
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e o
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ee
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rs
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of
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xty
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ve
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ha
ll b
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BL
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A
5
CO
NT
RI
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TI
ON
R
AT
ES
Ea
rn
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las
ses
an
d C
on
tri
bu
tio
ns
fr
om
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h J
an
ua
ry
20
10
(B
as
ed
on
10
.8%
co
nt
rib
ut
ion
ra
te)
L.R.O. UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
74 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
CL
AS
S Z
W
EE
KL
Y
M
ON
TH
LY
EA
RN
IN
GS
W
EE
KL
Y
EA
RN
IN
GS
EA
RN
IN
GS
CL
AS
S
TO
TA
L
W
EE
KL
Y
CO
NT
RI
-
BU
TI
ON
EM
PL
OY
ER
’S
W
EE
KL
Y
CO
NT
RI
-
BU
TI
ON
EM
PL
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EE
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W
EE
KL
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CO
NT
RI
-
BU
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ON
AS
SU
M
ED
AV
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AG
E
W
EE
KL
Y
EA
RN
IN
GS
$
$
$
$
$
$
$
I
12
0.0
0 –
19
9.9
9
52
0.0
0 –
86
6.9
9
16
0.0
0
6.0
8
12
.16
18
.24
1.2
3
II
20
0.0
0 –
26
9.9
9
86
7.0
0 –
1,
16
9.9
9
2
35
.00
8.9
3
17
.86
26
.79
1.8
1
II
I
27
0.0
0 –
35
9.9
9
1
,17
0.0
0 –
1,
55
9.9
9
31
5.0
0
1
1.9
7
23
.94
35
.91
2.4
3
IV
36
0.0
0 –
44
9.9
9
1
,56
0.0
0 –
1,
94
9.9
9
40
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0
1
5.3
9
30
.78
46
.17
3.1
2
V
45
0.0
0 –
54
9.9
9
1
,95
0.0
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38
2.9
9
50
0.0
0
1
9.0
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8.0
0
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.00
3.8
5
V
I
55
0.0
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65
9.9
9
2
,38
3.0
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2,
85
9.9
9
60
5.0
0
2
2.9
9
45
.98
68
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4.6
6
VI
I
66
0.0
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76
9.9
9
2
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0.0
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6.9
9
71
5.0
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2
7.1
7
54
.34
81
.51
5.5
1
VI
II
77
0.0
0 –
87
9.9
9
3
,33
7.0
0 –
3,
81
2.9
9
82
5.0
0
3
1.3
5
62
.70
94
.05
6.3
6
IX
88
0.0
0 –
1,0
09
.99
3,8
13
.00
–
4,3
76
.99
94
5.0
0
3
5.9
1
71
.82
10
7.7
3
7.2
8
X
1,0
10
.00
–
1,1
29
.99
4,3
77
.00
–
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96
.99
1,0
70
.00
4
0.6
6
81
.32
1
21
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8.2
5
X
I
1,
13
0.0
0 –
1,
25
9.9
9
4
,89
7.0
0 –
5,
45
9.9
9
1
,19
5.0
0
4
5.4
1
90
.82
1
36
.23
9.2
1
XI
I
1,2
60
.00
–
1,3
99
.99
5,4
60
.00
–
6,0
66
.99
1,3
30
.00
50
.54
10
1.0
8
1
51
.62
10
.25
XI
II
1,
40
0.0
0 –
1,5
49
.99
6,0
67
.00
–
6,7
16
.99
1,4
75
.00
56
.05
1
12
.10
1
68
.15
11
.37
XI
V
1,
55
0.0
0 –
1,7
19
.99
6,7
17
.00
–
7,4
52
.99
1,6
35
.00
62
.13
12
4.2
6
1
86
.39
12
.60
XV
1
,72
0.0
0 –
1,9
14
.99
7,4
53
.00
–
8,2
99
.99
1,8
18
.00
6
9.0
7
13
8.1
3
2
07
.20
14
.01
XV
I
1
,91
5.0
0 a
nd
ov
er
8
,30
0.0
0 a
nd
ov
er
1
,91
5.0
0
7
2.7
7
14
5.5
4
2
18
.31
14
.76
Co
ntr
ibu
tio
ns
pa
ya
ble
by
an
em
plo
ye
r i
n r
esp
ec
t o
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me
nt
inj
ury
co
ve
rag
e f
or
an
em
plo
ye
d p
ers
on
w
ho
ha
s n
ot
ye
t a
tta
ine
d t
he
ag
e o
f s
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ee
n y
ea
rs
or
wh
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as
att
ain
ed
th
e a
ge
of
si
xty
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ve
ye
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, s
ha
ll b
e a
s s
et
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C
las
s Z
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CO
ND
S
CH
ED
UL
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Co
nti
nu
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TA
BL
E
A
6
CO
NT
RI
BU
TI
ON
R
AT
ES
Ea
rn
ing
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las
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an
d C
on
tri
bu
tio
ns
fr
om
2n
d J
an
ua
ry
20
12
(B
as
ed
on
11
.4%
co
nt
rib
ut
ion
ra
te)
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 75
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
CL
AS
S Z
W
EE
KL
Y
M
ON
TH
LY
EA
RN
IN
GS
W
EE
KL
Y
EA
RN
IN
GS
EA
RN
IN
GS
CL
AS
S
TO
TA
L
W
EE
KL
Y
CO
NT
RI
-
BU
TI
ON
EM
PL
OY
ER
’S
W
EE
KL
Y
CO
NT
RI
-
BU
TI
ON
EM
PL
OY
EE
’S
W
EE
KL
Y
CO
NT
RI
-
BU
TI
ON
AS
SU
M
ED
AV
ER
AG
E
W
EE
KL
Y
EA
RN
IN
GS
$
$
$
$
$
$
$
I
15
0.0
0 –
24
9.9
9
65
0.0
0 –
1,
08
2.9
9
20
0.0
0
7.8
0
15
.60
23
.40
1.1
7
II
25
0.0
0 –
32
9.9
9
1
,08
3.0
0 –
1,
42
9.9
9
2
90
.00
11
.31
22
.62
33
.93
1.7
0
II
I
33
0.0
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44
9.9
9
1
,43
0.0
0 –
1,
94
9.9
9
39
0.0
0
1
5.2
1
30
.42
45
.63
2.2
8
IV
45
0.0
0 –
55
9.9
9
1
,95
0.0
0 –
2,
42
6.9
9
50
5.0
0
1
9.7
0
39
.40
59
.10
2.9
5
V
56
0.0
0 –
67
9.9
9
2
,42
7.0
0 –
2,
94
6.9
9
62
0.0
0
2
4.1
8
4
8.3
6
72
.54
3.6
3
V
I
68
0.0
0 –
81
9.9
9
2
,94
7.0
0 –
3,
55
2.9
9
75
0.0
0
2
9.2
5
58
.50
87
.75
4.3
9
VI
I
82
0.0
0 –
95
9.9
9
3
,55
3.0
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4,
15
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9
89
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3
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1
69
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10
4.1
3
5.2
1
VI
II
96
0.0
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09
9.9
9
4
,16
0.0
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4,
76
6.9
9
1
,03
0.0
0
4
0.1
7
80
.34
12
0.5
1
6.0
3
IX
1
,10
0.0
0 –
1,2
59
.99
4,7
67
.00
–
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59
.99
1
,18
0.0
0
4
6.0
2
92
.04
13
8.0
6
6.9
0
X
1,2
60
.00
–
1,4
09
.99
5,4
60
.00
–
6,1
09
.99
1,3
35
.00
5
2.0
7
10
4.1
4
1
56
.21
7.8
1
X
I
1,
41
0.0
0 –
1,
56
9.9
9
6
,11
0.0
0 –
6,
80
2.9
9
1
,49
0.0
0
5
8.1
1
11
6.2
2
1
74
.33
8.7
2
XI
I
1,5
70
.00
–
1,7
49
.99
6,8
03
.00
–
7,5
82
.99
1,6
60
.00
64
.74
12
9.4
8
1
94
.22
9.7
1
XI
II
1,
75
0.0
0 –
1,9
29
.99
7,5
83
.00
–
8,3
62
.99
1,8
40
.00
71
.76
14
3.5
2
2
15
.28
10
.76
XI
V
1,
93
0.0
0 –
2,1
49
.99
8,3
63
.00
–
9,3
16
.99
2,0
40
.00
79
.56
15
9.1
2
2
38
.68
11
.93
XV
2
,15
0.0
0 –
2,3
07
.99
9,3
17
.00
–
9,9
99
.99
2,2
29
.00
8
6.9
3
17
3.8
6
2
60
.79
13
.04
XV
I
2
,30
8.0
0 a
nd
ov
er
1
0,0
00
.00
an
d o
ve
r
2
,30
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0
9
0.0
1
18
0.0
2
2
70
.03
13
.50
TA
BL
E
A
7
Ea
rn
ing
s C
las
ses
an
d C
on
tri
bu
tio
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fr
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h M
ar
ch
20
13
(B
as
ed
on
a
co
nt
rib
ut
ion
ra
te
of
11
.7%
)
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
76 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
CL
AS
S Z
W
EE
KL
Y
M
ON
TH
LY
EA
RN
IN
GS
W
EE
KL
Y
EA
RN
IN
GS
EA
RN
IN
GS
CL
AS
S
TO
TA
L
W
EE
KL
Y
CO
NT
RI
-
BU
TI
ON
EM
PL
OY
ER
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W
EE
KL
Y
CO
NT
RI
-
BU
TI
ON
EM
PL
OY
EE
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W
EE
KL
Y
CO
NT
RI
-
BU
TI
ON
AS
SU
M
ED
AV
ER
AG
E
W
EE
KL
Y
EA
RN
IN
GS
$
$
$
$
$
$
$
I
18
0.0
0 –
29
9.9
9
78
0.0
0 –
1,
29
9.9
9
24
0.0
0
9.6
0
19
.20
28
.80
1.4
4
II
30
0.0
0 –
39
9.9
9
1
,30
0.0
0 –
1,
73
2.9
9
35
0.0
0
14
.00
28
.00
42
.00
2.1
0
II
I
40
0.0
0 –
53
9.9
9
1
,73
3.0
0 –
2,
33
9.9
9
47
0.0
0
1
8.8
0
37
.60
56
.40
2.8
2
IV
54
0.0
0 –
66
9.9
9
2
,34
0.0
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2,
90
2.9
9
60
5.0
0
2
4.2
0
48
.40
72
.60
3.6
3
V
67
0.0
0 –
81
9.9
9
2
,90
3.0
0 –
3,
55
2.9
9
74
5.0
0
2
9.8
0
5
9.6
0
89
.40
4.4
7
V
I
82
0.0
0 –
98
9.9
9
3
,55
3.0
0 –
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28
9.9
9
90
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3
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0
72
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10
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0
5.4
3
V
II
99
0.0
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9
4
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98
2.9
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0
85
.60
12
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0
6.4
2
V
III
1,1
50
.00
–
1,3
19
.99
4,9
83
.00
–
5,7
19
.99
1,2
35
.00
4
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0
98
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14
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0
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1
IX
1
,32
0.0
0 –
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09
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20
.00
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42
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1
,41
5.0
0
5
6.6
0
11
3.2
0
16
9.8
0
8.4
9
X
1
,51
0.0
0 –
1,
68
9.9
9
6
,54
3.0
0 –
7,
32
2.9
9
1
,60
0.0
0
6
4.0
0
12
8.0
0
1
92
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9.6
0
X
I
1,6
90
.00
–
1,8
89
.99
7,3
23
.00
–
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89
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1,7
90
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7
1.6
0
14
3.2
0
2
14
.80
10
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X
II
1,8
90
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–
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99
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90
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–
9,0
99
.99
1
,99
5.0
0
7
9.8
0
15
9.6
0
2
39
.40
11
.97
X
III
2,1
00
.00
–
2,3
19
.99
9,1
00
.00
–1
0,0
52
.99
2
,21
0.0
0
8
8.4
0
17
6.8
0
2
65
.20
13
.26
X
IV
2,3
20
.00
–
2,5
79
.99
1
0,0
53
.00
–1
1,1
79
.99
2
,45
0.0
0
9
8.0
0
19
6.0
0
2
94
.00
14
.70
X
V
2,5
80
.00
–
2,7
69
.99
1
1,1
80
.00
–1
1,9
99
.99
2
,67
5.0
0
10
7.0
0
21
4.0
0
3
21
.00
16
.05
X
VI
2,7
70
.00
an
d o
ve
r
12
,00
0.0
0 a
nd
ov
er
2
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0.0
0
11
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0
22
1.6
0
3
32
.40
16
.62
SE
CO
ND
S
CH
ED
UL
E—
Co
nti
nu
ed
TA
BL
E
A
8
Ea
rn
ing
s C
las
ses
an
d C
on
tri
bu
tio
ns
fr
om
3r
d M
ar
ch
20
14
(B
as
ed
on
a
co
nt
rib
ut
ion
ra
te
of
12
.0%
)
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 77
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
SECOND SCHEDULE—Continued
RATES OF CONTRIBUTIONS—Continued
TABLE B
EARNINGS CLASS IN WHICH
CONTRIBUTIONS HAVE BEEN
MADE PRIOR TO 11TH AUGUST 1980
AND VALUE OF CONTRIBUTIONS
BEFORE 1980
I 0.90
II 1.50
III 1.95
IV 2.55
V 3.45
VI 4.35
VII 5.55
VIII 7.35
EARNINGS CLASS ON OR AFTER
3RD MAY 1999 AND VALUE OF
CONTRIBUTIONS
I 8.79
I 8.79
I 8.79
I 8.79
I 8.79
I 8.79
II 12.99
III 17.25
TABLE C
EARNINGS CLASS IN WHICH
CONTRIBUTIONS HAVE BEEN
MADE ON OR AFTER
11TH AUGUST 1980 AND VALUE OF
CONTRIBUTIONS MADE AFTER
11TH AUGUST 1980
I 3.30
II 4.80
III 6.30
IV 8.25
V 10.50
VI 13.50
VII 17.25
VIII 19.35
EARNINGS CLASS ON OR AFTER
3RD MAY 1999 AND VALUE OF
CONTRIBUTIONS
I 8.79
I 8.79
I 8.79
I 8.79
II 12.99
III 17.25
IV 21.84
V 27.30
Section 54A (2).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
78 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
TABLE C1
Conversion Rates: Earnings Prior to 11th August 1980
EARNINGS CLASS PRIOR TO
11TH AUGUST 1980
I
II
III
IV
V
VI
VII
VIII
EARNINGS CLASS AFTER
1ST MARCH 2004
I
I
I
I
I
I
II
III
TABLE C1(A)
Conversion Rates: Earnings Prior to 11th August 1980
EARNINGS CLASS PRIOR TO
11TH AUGUST 1980
I
II
III
IV
V
VI
VII
VIII
EARNINGS CLASS AFTER
7TH JANUARY 2008
I
I
I
I
I
I
II
III
SECOND SCHEDULE—Continued
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 79
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TABLE C1(B)
Conversion Rates: Earnings Prior to 11th August 1980
EARNINGS CLASS PRIOR TO
11TH AUGUST 1980
I
II
III
IV
V
VI
VII
VIII
EARNINGS CLASS AFTER
4TH MARCH 2013
I
I
I
I
I
I
II
III
TABLE C1(C)
Conversion Rates: Earnings Prior to 11th August 1980
EARNINGS CLASS PRIOR TO
11TH AUGUST 1980
I
II
III
IV
V
VI
VII
VIII
EARNINGS CLASS ON OR AFTER
3RD MARCH 2014
I
I
I
I
I
I
II
III
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
80 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
SECOND SCHEDULE—Continued
TABLE C2
Conversion Rates: Earnings from 11th August 1980 to 2nd May 1999
EARNINGS CLASS PRIOR TO
11TH AUGUST 1980 TO 2ND MAY 1999
I
II
III
IV
V
VI
VII
VIII
EARNINGS CLASS AFTER
1ST MARCH 2004
I
I
I
I
II
III
IV
V
TABLE C2(A)
Conversion Rates: Earnings from 11th August 1980 to 2nd May 1999
EARNINGS CLASS FROM 11THAUGUST
1980 TO 2ND MAY 1999
I
II
III
IV
V
VI
VII
VIII
EARNINGS CLASS AFTER
7TH JANUARY 2008
I
I
I
I
II
III
IV
V
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 81
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TABLE C2(B)
Conversion Rates: Earnings from 11th August 1980 to 2nd May 1999
EARNINGS CLASS FROM 11THAUGUST
1980 TO 2ND MAY 1999
I
II
III
IV
V
VI
VII
VIII
EARNINGS CLASS AFTER
4TH MARCH 2013
I
I
I
I
II
III
IV
V
TABLE C2(C)
Conversion Rates: Earnings from 11th August 1980 to 2nd May 1999
EARNINGS CLASS FROM 11THAUGUST
1980 TO 2ND MAY 1999
I
II
III
IV
V
VI
VII
VIII
EARNINGS CLASS ON OR AFTER
3RD MARCH 2014
I
I
I
I
II
III
IV
V
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
82 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
SECOND SCHEDULE—Continued
TABLE C3
Conversion Rates: Earnings from 3rd May 1999 to 29th February 2004
EARNINGS CLASS PRIOR TO
3RD MAY 1999 TO 29TH FEBRUARY 2004
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
EARNINGS CLASS AFTER
1ST MARCH 2004
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 83
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TABLE C3(A)
Conversion Rates: Earnings from 3rd May 1999 to 7th January 2008
EARNINGS CLASS FROM
3RD MAY 1999 TO 7TH JANUARY 2008
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
EARNINGS CLASS AFTER
7TH JANUARY 2008
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
84 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
SECOND SCHEDULE—Continued
TABLE C3(B)
Conversion Rates: Earnings from 3rd May 1999 to 3rd March 2013
EARNINGS CLASS FROM
3RD MAY 1999 TO 3RD MARCH 2013
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
EARNINGS CLASS AFTER
4TH MARCH 2013
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 85
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TABLE C3(C)
Conversion Rates: Earnings from 3rd May 1999 to 2nd March 2014
EARNINGS CLASS FROM
3RD MAY 1999 TO 2ND MARCH 2014
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
EARNINGS CLASS ON OR AFTER
3RD MARCH 2014
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
86 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
SECOND SCHEDULE—Continued
TABLE C4
Conversion Rates: Earnings Prior to 1st March 2004
EARNINGS CLASS BEFORE
1ST MARCH 2004
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
(JOINT) CONTRIBUTION VALUE ON
OR AFTER 1ST MARCH 2004
9.09
13.44
17.85
22.62
28.29
34.38
40.44
46.53
53.07
60.03
67.02
70.47
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 87
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TABLE C4(A)
Conversion Rates: Earnings Prior to 7th January 2008
EARNINGS CLASS BEFORE
7TH JANUARY 2008
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
(JOINT WEEKLY) CONTRIBUTION
VALUE ON OR AFTER
7TH JANUARY 2008
13.31
19.46
26.14
33.34
41.04
49.72
58.95
68.18
77.93
88.18
98.43
103.56
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
88 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
SECOND SCHEDULE—Continued
TABLE C4(B)
Conversion Rates: Earnings Prior to 4th March 2013
EARNINGS CLASS BEFORE
4TH MARCH 2013
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII
XIV
XV
XVI
(JOINT WEEKLY) CONTRIBUTION
VALUE ON OR AFTER
4TH MARCH 2013
18.72
27.50
36.86
47.39
58.50
70.79
83.66
96.53
110.57
125.19
139.82
155.61
172.58
191.30
212.71
224.06
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 89
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TABLE C4(C)
Conversion Rates: Earnings Prior to 3rd March 2014
EARNINGS CLASS BEFORE
3RD MARCH 2014
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII
XIV
XV
XVI
(JOINT WEEKLY) CONTRIBUTION
VALUE ON OR AFTER
3RD MARCH 2014
24.00
34.80
46.80
60.60
74.40
90.00
106.80
123.60
141.60
160.20
178.80
199.20
220.80
244.80
267.48
276.96
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
90 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
EARNINGS CLASS ON OR AFTER
3RD JANUARY 2005
EARNINGS CLASS BEFORE
3RD JANUARY 2005
SECOND SCHEDULE—Continued
TABLE C5
Conversion Rates: Earnings Prior to 3rd January 2005
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 91
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
EARNINGS CLASS ON OR
AFTER 4TH JANUARY 2010
EARNINGS CLASS BEFORE
4TH JANUARY 2010
TABLE C5(A)
Conversion Rates: Earnings Prior to 4th January 2010
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
92 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
SECOND SCHEDULE—Continued
TABLE C5(B)
Conversion Rates: Earnings Prior to 4th March 2013
EARNINGS CLASS BEFORE
4TH MARCH 2013
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII
XIV
XV
XVI
EARNINGS CLASS ON OR AFTER
4TH MARCH 2013
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII
XIV
XV
XVI
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 93
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TABLE C5(C)
Conversion Rates: Earnings Prior to 3rd March 2014
EARNINGS CLASS BEFORE
3RD MARCH 2014
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII
XIV
XV
XVI
EARNINGS CLASS ON OR AFTER
3RD MARCH 2014
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII
XIV
XV
XVI
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
94 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
EARNINGS CLASS ON OR AFTER
2ND JANUARY 2006
EARNINGS CLASS BEFORE
2ND JANUARY 2006
SECOND SCHEDULE—Continued
TABLE C6
Conversion Rates: Earnings Prior to 2nd January 2006
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 95
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
EARNINGS CLASS ON OR AFTER
2ND JANUARY 2012
EARNINGS CLASS BEFORE
2ND JANUARY 2012
TABLE C6(A)
Conversion Rates: Earnings Prior to 2nd January 2012
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
96 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
Section 54(1).
[27 of 1974
23 of 1980
136/1990
53/1999
9 of 2004
18/2008
2 of 2013
73/2013].
BENEFITEARNINGS CLASS
I $ 63.00
II $ 93.00
III $ 123.00
IV $ 156.00
V $ 195.00
VI $ 237.00
VII $ 279.00
VIII $ 321.00
IX $ 366.00
X $ 414.00
XI $ 462.00
XII $ 486.00
THIRD SCHEDULE
RATES OF BENEFITS
TABLE A1
Rates of Sickness and Maternity Benefits (weekly) for Persons
Qualifying on or after 3rd May 1999
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 97
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
I $ 63.00
II $ 63.00
III $ 63.00
IV $ 63.00
V $ 93.00
VI $ 123.00
VII $ 156.00
VIII $ 195.00
WEEKLY RATE ON OR AFTER
3RD MAY 1999
EARNINGS CLASS IN WHICH
BENEFITS ARE PAID
TABLE A2
Rates of Sickness and Maternity Benefits
for Persons who Qualified before 3rd May 1999
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
98 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
$
3
39
.00
$
5
00
.00
$
6
61
.00
$
8
38
.00
$
1,
04
8.0
0
$
1,
27
4.0
0
$
1,
49
9.0
0
$
1,
72
5.0
0
$
1,
96
7.0
0
$
2,
22
5.0
0
$
2,
48
3.0
0
$
2,
61
2.0
0
M
ON
TH
LY
B
EN
EF
IT
$
7
8.0
0
$
11
5.0
0
$
15
3.0
0
$
19
3.0
0
$
24
2.0
0
$
29
4.0
0
$
34
6.0
0
$
39
8.0
0
$
45
4.0
0
$
51
3.0
0
$
57
3.0
0
$
60
3.0
0
I
II
II
I
IV
V
V
I
V
II
V
III
IX
X
X
I
X
II
W
EE
KL
Y
B
EN
EF
IT
EA
RN
IN
GS
C
LA
SS
TH
IR
D
SC
HE
DU
LE
—
Co
nti
nu
ed
TA
BL
E
A
3
Sic
kn
ess
an
d M
ate
rn
ity
B
en
efi
ts
Ra
tes
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 99
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
$ $
I 13.71 96.00
II 20.32 142.24
III 27.00 189.00
IV 34.36 240.51
V 43.21 302.50
VI 52.39 366.74
VII 61.46 430.24
VIII 70.54 493.76
IX 80.64 564.51
X 91.18 638.27
XI 101.90 713.27
XII 113.44 794.05
XIII 126.43 885.00
XIV 140.14 981.00
XV 155.79 1,090.50
XVI 164.14 1,149.00
EARNINGS
CLASS
DAILY BENEFIT WEEKLY BENEFIT
TABLE A4
Sickness and Maternity Benefits Rates
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
100 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
$ $
I 17.14 120.00
II 24.86 174.00
III 33.43 234.00
IV 43.29 303.00
V 53.14 372.00
VI 64.29 450.00
VII 76.29 534.00
VIII 88.29 618.00
IX 101.14 708.00
X 114.43 801.00
XI 127.71 894.00
XII 142.29 996.00
XIII 157.71 1,104.00
XIV 174.86 1,224.00
XV 191.06 1,337.40
XVI 197.83 1,384.80
EARNINGS
CLASS
DAILY BENEFIT WEEKLY BENEFIT
THIRD SCHEDULE—Continued
TABLE A5
Sickness and Maternity Benefits Rates 2013
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 101
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
$ $
I 20.57 144.00
II 30.00 210.00
III 40.29 282.00
IV 51.86 363.00
V 63.86 447.00
VI 77.57 543.00
VII 91.71 642.00
VIII 105.86 741.00
IX 121.29 849.00
X 137.14 960.00
XI 153.43 1,074.00
XII 171.00 1,197.00
XIII 189.43 1,326.00
XIV 210.00 1,470.00
XV 229.29 1,605.00
XVI 237.43 1,662.00
EARNINGS
CLASS
DAILY BENEFIT WEEKLY BENEFIT
TABLE A6
Sickness and Maternity Benefits Rates 2014
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
102 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
NEW BASIC PENSIONEARNINGS CLASS
I $ 50.00
II $ 65.00
III $ 77.00
IV $ 89.00
V $ 100.00
VI $ 118.50
VII $ 139.50
VIII $ 160.50
IX $ 183.00
X $ 207.00
XI $ 231.00
XII $ 243.00
RATES OF BENEFITS—Continued
TABLE B1
Rates of Invalidity or Retirement Pension (weekly) for Persons
Qualifying on or after 3rd May 1999
THIRD SCHEDULE—Continued
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 103
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
NEW WEEKLY
PENSIONS RATES
EARNINGS CLASS OF BENEFIT
AWARDED AFTER 11TH AUGUST 1980
ON OR AFTER 3RD MAY 1999
I $ 50.00
II $ 50.00
III $ 50.00
IV $ 50.00
V $ 65.00
VI $ 77.00
VII $ 89.00
VIII $ 100.00
TABLE B2(B)
Rates of Retirement or Invalidity Pension for Persons who
Qualified after 11th August 1980
NEW WEEKLY
PENSIONS RATES
EARNINGS CLASS OF BENEFIT
AWARDED PRIOR TO 11THAUGUST 1980
ON OR AFTER 3RD MAY 1999
I & II $ 50.00
III & IV $ 50.00
V $ 50.00
VI $ 50.00
VII $ 65.00
VIII $ 77.00
TABLE B2(A)
Rates of Retirement or Invalidity Pension for Persons who
Qualified before 11th August 1980
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
104 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
RA
TE
S
OF
B
EN
EF
IT
S—
Co
nti
nu
ed
TA
BL
E
B
3
PA
RT
I
Ba
sic
R
eti
re
me
nt
an
d I
nv
ali
dit
y P
en
sio
ns
R
ate
s
$
2
68
.67
$
3
49
.27
$
4
13
.75
$
4
78
.23
$
5
37
.34
$
6
36
.74
$
7
49
.58
$
8
62
.42
$
9
83
.32
$
1,
11
2.2
8
$
1,
24
1.2
4
$
1,
30
5.7
2
NE
W
B
AS
IC
P
EN
SI
ON
(M
on
thl
y)
$
6
2.0
0
$
8
0.6
0
$
9
5.4
8
$
11
0.3
6
$
12
4.0
0
$
14
6.9
4
$
17
2.9
8
$
19
9.0
2
$
22
6.9
2
$
25
6.6
8
$
28
6.4
4
$
30
1.3
2
I
II
III
IV
V
V
I
V
II
V
III
IX
X
X
I
X
II
NE
W
B
AS
IC
P
EN
SI
ON
(W
ee
kly
)
EA
RN
IN
GS
C
LA
SS
TH
IR
D
SC
HE
DU
LE
—
Co
nti
nu
ed
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 105
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TA
BL
E
B
3
PA
RT
II
Ra
tes
fo
r I
nc
re
me
nt
: R
eti
re
me
nt
an
d I
nv
ali
dit
y P
en
sio
ns
$
3
.99
$
5
.55
$
7
.02
$
8
.41
$
9
.88
$
12
.01
$
14
.13
$
16
.34
$
18
.55
$
21
.06
$
23
.45
$
24
.66
NE
W
I
NC
RE
M
EN
T
(M
on
thl
y)
$
0
.92
$
1
.28
$
1
.62
$
1
.94
$
2
.28
$
2
.77
$
3
.26
$
3
.77
$
4
.28
$
4
.86
$
5
.41
$
5
.69
I
II
III
IV
V
VI
V
II
V
III
IX
X
XI
X
II
NE
W
I
NC
RE
M
EN
T
(W
ee
kly
)
EA
RN
IN
GS
C
LA
SS
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
106 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
$ $
I 77.50 335.83
II 100.75 436.58
III 119.35 517.18
IV 137.95 597.78
V 155.00 671.67
VI 183.68 795.95
VII 216.23 937.00
VIII 248.78 1,078.05
IX 283.65 1,229.15
X 320.85 1,390.35
XI 358.05 1,551.55
XII 376.65 1,632.15
XIII 440.05 1,906.87
XIV 487.78 2,113.72
XV 542.23 2,349.65
XVI 571.31 2,475.70
NEW BASIC PENSION NEW BASIC PENSION
(Weekly) (Monthly)
THIRD SCHEDULE—Continued
TABLE B4
PART I
Basic Retirement and Invalidity Pensions Rates
EARNINGS
CLASS
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 107
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
$ $
I 1.13 4.90
II 1.58 6.85
III 2.00 8.67
IV 2.42 10.49
V 2.85 12.35
VI 3.46 14.99
VII 4.05 17.55
VIII 4.68 20.28
IX 5.32 23.05
X 6.05 26.22
XI 6.73 29.16
XII 7.49 32.46
XIII 8.31 36.01
XIV 9.21 39.91
XV 10.24 44.37
XVI 10.79 46.76
TABLE B4
PART II
Rates for Increment: Retirement and Invalidity Pensions
NEW INCREMENT NEW INCREMENT
(Weekly) (Monthly)EARNINGS
CLASS
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
108 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
$ $
I 96.88 419.79
II 124.33 538.76
III 147.77 640.32
IV 172.01 745.38
V 192.20 832.87
VI 227.70 986.71
VII 269.15 1,166.33
VIII 310.60 1,345.92
IX 354.19 1,534.81
X 400.31 1,734.69
XI 446.44 1,934.57
XII 495.12 2,145.51
XIII 548.94 2,378.74
XIV 608.61 2,637.30
XV 664.99 2,881.44
XVI 688.56 2,983.76
NEW BASIC PENSION NEW BASIC PENSION
(Weekly) (Monthly)
THIRD SCHEDULE—Continued
TABLE B5
PART I
Basic Retirement and Invalidity Pensions Rates 2013
EARNINGS
CLASS
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 109
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
$ $
I 1.41 6.11
II 1.95 8.45
III 2.48 10.75
IV 3.02 13.09
V 3.53 15.30
VI 4.29 18.59
VII 5.04 21.84
VIII 5.84 25.31
IX 6.64 28.77
X 7.55 32.72
XI 8.39 36.36
XII 9.35 40.52
XIII 10.37 44.94
XIV 11.49 49.79
XV 12.56 54.43
XVI 13.00 56.33
TABLE B5
PART II
Rates for Increment: Retirement and Invalidity Pensions 2013
NEW INCREMENT NEW INCREMENT
(Weekly) (Monthly)EARNINGS
CLASS
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
110 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
$ $
I 116.25 503.75
II 150.05 650.23
III 178.08 771.67
IV 206.07 892.98
V 230.95 1,000.78
VI 274.76 1,190.63
VII 323.59 1,402.22
VIII 372.42 1,613.80
IX 424.72 1,840.47
X 479.78 2,079.03
XI 536.33 2,324.08
XII 595.04 2,578.49
XIII 659.32 2,857.07
XIV 730.92 3,167.34
XV 798.05 3,458.22
XVI 826.39 3,581.03
NEW BASIC PENSION NEW BASIC PENSION
(Weekly) (Monthly)
THIRD SCHEDULE—Continued
TABLE B6
PART I
Basic Retirement and Invalidity Pensions Rates 2014
EARNINGS
CLASS
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 111
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
$ $
I 1.70 7.37
II 2.35 10.18
III 2.98 12.91
IV 3.62 15.69
V 4.25 18.42
VI 5.18 22.45
VII 6.06 26.26
VIII 7.01 30.38
IX 7.97 34.54
X 9.05 39.22
XI 10.08 43.68
XII 11.24 48.71
XIII 12.45 53.95
XIV 13.80 59.80
XV 15.07 65.30
XVI 15.61 67.64
TABLE B6
PART II
Rates of Increment: Retirement and Invalidity Pensions 2014
NEW INCREMENT NEW INCREMENT
(Weekly) (Monthly)EARNINGS
CLASS
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
112 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
Rates of Survivor’s Benefit shall be related to the rates of retirement and invalidity
pensions, that is to say, the maximum amount of survivor’s benefit payable in respect
of a deceased insured person shall not exceed the total amount of retirement or
invalidity pension for which the deceased would have been eligible had he qualified for
the receipt of retirement or invalidity pension.
DEPENDENT
PARENTSORPHANCHILD
WIDOW/
WIDOWER
EARNINGS
CLASS
THIRD SCHEDULE—Continued
TABLE C1
Rates of Survivor’s Benefit (weekly) for Persons Qualifying on or
after 3rd May 1999
I $ 30.00 $ 15.00 $ 30.00 $ 15.00
II $ 39.00 $ 19.50 $ 39.00 $ 19.50
III $ 46.20 $ 23.10 $ 46.20 $ 23.10
IV $ 53.40 $ 26.70 $ 53.40 $ 26.70
V $ 60.00 $ 30.00 $ 60.00 $ 30.00
VI $ 71.10 $ 35.55 $ 71.10 $ 35.55
VII $ 83.70 $ 41.85 $ 83.70 $ 41.85
VIII $ 96.30 $ 48.15 $ 96.30 $ 48.15
IX $ 109.80 $ 54.90 $ 109.80 $ 54.90
X $ 124.20 $ 62.10 $ 124.20 $ 62.10
XI $ 138.60 $ 69.30 $ 138.60 $ 69.30
XII $ 145.80 $ 72.90 $ 145.80 $ 72.90
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 113
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
DEP.
PARENTSORPHANCHILDWIDOW
EARNINGS CLASS OF
BENEFIT
AWARDED ON OR AFTER
11TH AUGUST 1980
WEEKLY RATES
ON OR AFTER 3RD MAY 1999
I $ 30.00 $ 15.00 $ 30.00 $ 15.00
II $ 30.00 $ 15.00 $ 30.00 $ 15.00
III $ 30.00 $ 15.00 $ 30.00 $ 15.00
IV $ 30.00 $ 15.00 $ 30.00 $ 15.00
V $ 39.00 $ 19.50 $ 39.00 $ 19.50
VI $ 46.20 $ 23.10 $ 46.20 $ 23.10
VII $ 53.40 $ 26.70 $ 53.40 $ 26.70
VIII $ 60.00 $ 30.00 $ 60.00 $ 30.00
TABLE C2(B)
Rates of Survivor’s Benefit for Persons who
Qualified after 11th August 1980
I & II $ 30.00 $ 15.00 $ 30.00 $ 15.00
III & IV $ 30.00 $ 15.00 $ 30.00 $ 15.00
V $ 30.00 $ 15.00 $ 30.00 $ 15.00
VI $ 30.00 $ 15.00 $ 30.00 $ 15.00
VII $ 39.00 $ 19.50 $ 39.00 $ 19.50
VIII $ 46.20 $ 23.10 $ 46.20 $ 23.10
WEEKLY RATES
ON OR AFTER 3RD MAY 1999
DEP.
PARENTSORPHANCHILDWIDOW
EARNINGS CLASS OF
BENEFIT
AWARDED PRIOR
TO 11TH AUGUST 1980
TABLE C2(A)
Rates of Survivor’s Benefit for Persons who
Qualified before 11th August 1980
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
114 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
TH
IR
D
SC
HE
DU
LE
—
Co
nti
nu
ed
TA
BL
E
C
3
PA
RT
I
Su
rv
ivo
r’s
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en
sio
n R
ate
s
$
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$
10
4.7
8
$
12
4.1
5
$
14
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8
$
16
1.2
0
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19
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6
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22
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0
$
25
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5
$
29
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33
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1
$
37
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1
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39
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4
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.60
$
10
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8
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5
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14
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8
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4
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16
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0
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20
9.5
6
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24
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6
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28
6.9
6
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32
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0
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38
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7
$
44
9.7
6
$
51
7.4
9
$
59
0.0
3
$
66
7.3
8
$
74
4.7
7
$
78
3.4
7
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16
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0
$
20
9.5
6
$
24
8.2
6
$
28
6.9
6
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32
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0
$
38
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7
$
44
9.7
6
$
51
7.4
9
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59
0.0
3
$
66
7.3
8
$
74
4.7
7
$
78
3.4
7
$
18
.60
$
24
.18
$
28
.65
$
33
.11
$
37
.20
$
44
.09
$
51
.90
$
59
.71
$
68
.08
$
77
.01
$
85
.94
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$
48
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$
57
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$
66
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$
74
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88
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10
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9
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2
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13
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6
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7
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18
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33
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51
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59
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77
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3
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0
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4
8.3
6
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5
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9
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6
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2
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7
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0
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8
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7
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10
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9
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2
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13
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6
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17
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De
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w/
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we
r
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 115
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
$
1
.22
$
1
.67
$
2
.13
$
2
.54
$
2
.97
$
3
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4
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$
4
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5
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6
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$
7
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3
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5
.07
$
5
.94
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.24
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8
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$
9
.84
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11
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$
12
.66
$
14
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0
.28
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0
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0
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TA
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r I
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re
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nt
s:
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P
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n
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3
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4
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2
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$
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.24
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.50
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11
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$
12
.66
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14
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.82
$
0
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w/
W
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we
r
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
116 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
$
99
.19
12
9.6
1
15
3.3
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9
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M
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I II III IV V VI
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7
17
1.3
9
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 117
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
$
1.4
7
2.0
8
2.6
4
3.2
1
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3
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0.9
5
1.2
1
1.4
6
1.7
1
2.0
8
2.4
4
2.8
2
3.2
0
3.6
3
4.0
5
4.5
0
4.9
9
5.5
3
6.1
4
6.4
7
TA
BL
E
C
4
PA
RT
I
I
Ra
tes
fo
r I
nc
re
me
nt
s:
Su
rv
ivo
r’s
P
en
sio
n
$
1.4
7
2.0
8
2.6
4
3.2
1
3.7
3
4.5
5
5.2
9
6.1
1
6.9
3
7.8
9
8.8
0
9.7
5
1
0.7
9
1
1.9
6
1
3.3
0
1
4.0
4
$
2
.99 4.1
2
5.2
4
6.3
3
7.4
1
9.0
1
10
.57
12
.22
13
.87
15
.73
17
.55
19
.50
21
.62
23
.96
26
.61
28
.04
$ 0.6
9
0.9
5
1.2
1
1.4
6
1.7
1
2.0
8
2.4
4
2.8
2
3.2
0
3.6
3
4.0
5
4.5
0
4.9
9
5.5
3
6.1
4
6.4
7
$ 0.6
9
0.9
5
1.2
1
1.4
6
1.7
1
2.0
8
2.4
4
2.8
2
3.2
0
3.6
3
4.0
5
4.5
0
4.9
9
5.5
3
6.1
4
6.4
7
M
ON
TH
LY
B
EN
EF
IT
I II III IV V VI
VI
I
VI
II IX X XI XI
I
XI
II
XI
V
XV XV
I
EA
RN
IN
GS
CL
AS
S
W
EE
KL
Y
B
EN
EF
IT
W
ido
w/
Ch
ild
De
pe
nd
en
t
De
pe
nd
en
t
W
ido
w/
Ch
ild
De
pe
nd
en
t
De
pe
nd
en
t
W
ido
we
r
Pa
ren
ts
Or
ph
an
W
ido
we
r
Pa
ren
ts
Or
ph
an
$
0
.34 0.4
8
0.6
1
0.7
4
0.8
6
1.0
5
1.2
2
1.4
1
1.6
0
1.8
2
2.0
3
2.2
5
2.4
9
2.7
6
3.0
7
3.2
4
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
118 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
TH
IR
D
SC
HE
DU
LE
—
Co
nti
nu
ed
TA
BL
E
C
5
PA
RT
I
Ba
sic
Su
rv
ivo
r’s
P
en
sio
n R
ate
s 2
01
3
M
ON
TH
LY
B
EN
EF
IT
I II III IV V VI
VI
I
VI
II IX X XI XI
I
XI
II
XI
V
XV XV
I
EA
RN
IN
GS
CL
AS
S
W
EE
KL
Y
B
EN
EF
IT
W
ido
w/
Ch
ild
De
pe
nd
en
t
De
pe
nd
en
t
W
ido
w/
Ch
ild
De
pe
nd
en
t
De
pe
nd
en
t
W
ido
we
r
Pa
ren
ts
Or
ph
an
W
ido
we
r
Pa
ren
ts
Or
ph
an
$ 57
.23
73
.81
87
.62
10
2.9
0
11
5.3
2
13
6.3
5
16
0.6
5
18
4.9
6
21
1.4
0
23
9.0
8
26
6.7
5
29
7.1
5
32
9.3
7
36
5.1
7
39
9.0
0
41
3.1
4
$ 28
.61
36
.91
43
.82
51
.45
57
.66
68
.18
80
.34
92
.49
10
5.7
0
11
9.5
4
13
3.3
9
14
8.5
8
16
4.6
8
18
2.5
8
19
9.5
0
20
6.5
6
$ 57
.23
73
.81
87
.62
10
2.9
0
11
5.3
2
13
6.3
5
16
0.6
5
18
4.9
6
21
1.4
0
23
9.0
8
26
6.7
5
29
7.1
5
32
9.3
7
36
5.1
7
39
9.0
0
41
3.1
4
$
24
8.0
0
31
9.8
4
37
9.6
9
44
5.9
0
49
9.7
2
59
0.8
5
69
6.1
5
80
1.4
9
91
6.0
7
1,0
36
.01
1,1
55
.92
1,2
87
.65
1,4
27
.27
1,5
82
.40
1,7
29
.00
1,7
90
.27
$
12
3.9
8
15
9.9
4
18
9.8
9
22
2.9
5
24
9.8
6
29
5.4
5
34
8.1
4
40
0.7
9
45
8.0
3
51
8.0
1
57
8.0
2
64
3.8
5
71
3.6
1
79
1.1
8
86
4.5
0
89
5.0
9
$ 28
.61
36
.91
43
.82
51
.45
57
.66
68
.18
80
.34
92
.49
10
5.7
0
11
9.5
4
13
3.3
9
14
8.5
8
16
4.6
8
18
2.5
8
19
9.5
0
20
6.5
6
$
1
23
.98
1
59
.94
1
89
.89
2
22
.95
2
49
.86
2
95
.45
3
48
.14
4
00
.79
4
58
.03
5
18
.01
5
78
.02
6
43
.85
7
13
.61
7
91
.18
8
64
.50
8
95
.09
$
24
8.0
0
31
9.8
4
37
9.6
9
44
5.9
0
49
9.7
2
59
0.8
5
69
6.1
5
80
1.4
9
91
6.0
7
1,0
36
.01
1,1
55
.92
1,2
87
.65
1,4
27
.27
1,5
82
.40
1,7
29
.00
1,7
90
.27
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 119
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TA
BL
E
C
5
PA
RT
I
I
Ra
tes
of
In
cr
em
en
t:
Ba
sic
Su
rv
ivo
r’s
P
en
sio
n 2
01
3 M
ON
TH
LY
B
EN
EF
IT
I II III IV V VI
VI
I
VI
II IX X XI XI
I
XI
II
XI
V
XV XV
I
EA
RN
IN
GS
CL
AS
S
W
EE
KL
Y
B
EN
EF
IT
W
ido
w/
Ch
ild
De
pe
nd
en
t
De
pe
nd
en
t
W
ido
w/
Ch
ild
De
pe
nd
en
t
De
pe
nd
en
t
W
ido
we
r
Pa
ren
ts
Or
ph
an
W
ido
we
r
Pa
ren
ts
Or
ph
an
$
0.8
6
1.1
7
1.5
0
1.8
2
2.1
2
2.5
8
3.0
4
3.5
2
4.0
0
4.5
3
5.0
5
5.6
2
6.2
2
6.9
0
7.5
3
7.8
0
$
0
.43
0
.59
0
.76
0
.92
1
.07
1
.30
1
.52
1
.76
2
.00
2
.27
2
.53
2
.81
3
.11
3
.44
3
.77
3
.90
$ 3.7
3
5.0
7
6.5
0
7.8
9
9.1
9
11
.18
13
.17
15
.25
17
.33
19
.63
21
.88
24
.35
26
.95
29
.90
32
.63
33
.80
$ 1.8
6
2.5
6
3.2
9
3.9
9
4.6
4
5.6
3
6.5
9
7.6
3
8.6
7
9.8
4
10
.96
12
.18
13
.48
14
.91
16
.34
16
.90
$
0.8
6
1.1
7
1.5
0
1.8
2
2.1
2
2.5
8
3.0
4
3.5
2
4.0
0
4.5
3
5.0
5
5.6
2
6.2
2
6.9
0
7.5
3
7.8
0
$
0
.43
0
.59
0
.76
0
.92
1
.07
1
.30
1
.52
1
.76
2
.00
2
.27
2
.53
2
.81
3
.11
3
.44
3
.77
3
.90
$ 1.8
6
2.5
6
3.2
9
3.9
9
4.6
4
5.6
3
6.5
9
7.6
3
8.6
7
9.8
4
10
.96
12
.18
13
.48
14
.91
16
.34
16
.90
$ 3.7
3
5.0
7
6.5
0
7.8
9
9.1
9
11
.18
13
.17
15
.25
17
.33
19
.63
21
.88
24
.35
26
.95
29
.90
32
.63
33
.80
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
120 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
TH
IR
D
SC
HE
DU
LE
—
Co
nti
nu
ed
TA
BL
E
C
6
PA
RT
I
Ba
sic
Su
rv
ivo
r’s
P
en
sio
n R
ate
s 2
01
4
M
ON
TH
LY
B
EN
EF
IT
I II III IV V VI
VI
I
VI
II IX X XI XI
I
XI
II
XI
V
XV XV
I
EA
RN
IN
GS
CL
AS
S
W
EE
KL
Y
B
EN
EF
IT
W
ido
w/
Ch
ild
De
pe
nd
en
t
De
pe
nd
en
t
W
ido
w/
Ch
ild
De
pe
nd
en
t
De
pe
nd
en
t
W
ido
we
r
Pa
ren
ts
Or
ph
an
W
ido
we
r
Pa
ren
ts
Or
ph
an
$ 68
.67
89
.08
10
5.5
9
12
3.2
7
13
8.5
7
16
4.5
3
19
3.1
4
22
1.7
8
25
3.5
0
28
6.5
3
32
0.4
6
35
7.1
2
39
5.6
0
43
8.5
6
47
8.8
4
49
5.8
4
$ 34
.34
44
.55
52
.80
61
.64
69
.29
82
.27
96
.58
11
0.9
0
12
6.7
5
14
3.2
7
16
0.2
5
17
8.5
6
19
7.7
9
21
9.2
7
23
9.4
2
24
7.9
1
$
29
7.5
7
38
6.0
1
45
7.5
6
53
4.1
7
60
0.4
7
71
2.9
6
83
6.9
4
96
1.0
5
1,0
98
.50
1,2
41
.63
1,3
88
.66
1,5
47
.52
1,7
14
.27
1,9
00
.43
2,0
74
.97
2,1
48
.64
$
14
8.8
1
19
3.0
5
22
8.8
0
26
7.1
1
30
0.2
6
35
6.5
0
41
8.5
1
48
0.5
7
54
9.2
5
62
0.8
4
69
4.4
2
77
3.7
6
85
7.0
9
95
0.1
7
1,0
37
.49
1,0
74
.28
$ 34
.34
44
.55
52
.80
61
.64
69
.29
82
.27
96
.58
11
0.9
0
12
6.7
5
14
3.2
7
16
0.2
5
17
8.5
6
19
7.7
9
21
9.2
7
23
9.4
2
24
7.9
1
$ 68
.67
89
.08
10
5.5
9
12
3.2
7
13
8.5
7
16
4.5
3
19
3.1
4
22
1.7
8
25
3.5
0
28
6.5
3
32
0.4
6
35
7.1
2
39
5.6
0
43
8.5
6
47
8.8
4
49
5.8
4
$
14
8.8
1
19
3.0
5
22
8.8
0
26
7.1
1
30
0.2
6
35
6.5
0
41
8.5
1
48
0.5
7
54
9.2
5
62
0.8
4
69
4.4
2
77
3.7
6
85
7.0
9
95
0.1
7
1,0
37
.49
1,0
74
.28
$
29
7.5
7
38
6.0
1
45
7.5
6
53
4.1
7
60
0.4
7
71
2.9
6
83
6.9
4
96
1.0
5
1,0
98
.50
1,2
41
.63
1,3
88
.66
1,5
47
.52
1,7
14
.27
1,9
00
.43
2,0
74
.97
2,1
48
.64
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 121
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TA
BL
E
C
6
PA
RT
I
I
Ra
tes
of
In
cr
em
en
t:
Ba
sic
Su
rv
ivo
r’s
P
en
sio
n 2
01
4 MO
NT
HL
Y
B
EN
EF
IT
I II III IV V VI
VI
I
VI
II IX X XI XI
I
XI
II
XI
V
XV XV
I
EA
RN
IN
GS
CL
AS
S
W
EE
KL
Y
B
EN
EF
IT
W
ido
w/
Ch
ild
De
pe
nd
en
t
De
pe
nd
en
t
W
ido
w/
Ch
ild
De
pe
nd
en
t
De
pe
nd
en
t
W
ido
we
r
Pa
ren
ts
Or
ph
an
W
ido
we
r
Pa
ren
ts
Or
ph
an
$ 1.0
4
1.4
1
1.8
1
2.1
8
2.5
5
3.1
1
3.6
5
4.2
2
4.7
9
5.4
3
6.0
7
6.7
5
7.4
8
8.2
9
9.0
4
9.3
6
$
0
.51
0
.71
0
.91
1
.11
1
.28
1
.57
1
.83
2
.11
2
.40
2
.72
3
.04
3
.38
3
.73
4
.14
4
.52
4
.69
$
4.5
1
6
.11
7.8
4
9.4
5
11
.05
1
3.4
8
1
5.8
2
1
8.2
9
2
0.7
6
2
3.5
3
2
6.3
0
2
9.2
5
3
2.4
1
3
5.9
2
3
9.1
7
4
0.5
6
$ 2.2
1
3.0
8
3.9
4
4.8
1
5.5
5
6.8
0
7.9
3
9.1
4
10
.40
11
.79
13
.17
14
.65
16
.16
17
.94
19
.59
20
.32
$
0
.51
0
.71
0
.91
1
.11
1
.28
1
.57
1
.83
2
.11
2
.40
2
.72
3
.04
3
.38
3
.73
4
.14
4
.52
4
.69
$ 1.0
4
1.4
1
1.8
1
2.1
8
2.5
5
3.1
1
3.6
5
4.2
2
4.7
9
5.4
3
6.0
7
6.7
5
7.4
8
8.2
9
9.0
4
9.3
6
$
4.5
1
6
.11
7.8
4
9.4
5
11
.05
1
3.4
8
1
5.8
2
1
8.2
9
2
0.7
6
2
3.5
3
2
6.3
0
2
9.2
5
3
2.4
1
3
5.9
2
3
9.1
7
4
0.5
6
$ 2.2
1
3.0
8
3.9
4
4.8
1
5.5
5
6.8
0
7.9
3
9.1
4
10
.40
11
.79
13
.17
14
.65
16
.16
17
.94
19
.59
20
.32
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
122 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
Widow/
Widower
I $ 70.00 $ 42.00 $ 21.00 $ 42.00 $ 21.00
II $ 103.33 $ 62.00 $ 31.00 $ 62.00 $ 31.00
III $ 136.67 $ 82.00 $ 41.00 $ 82.00 $ 41.00
IV $ 173.33 $ 104.00 $ 52.00 $ 104.00 $ 52.00
V $ 216.67 $ 130.00 $ 65.00 $ 130.00 $ 65.00
VI $ 263.33 $ 158.00 $ 79.00 $ 158.00 $ 79.00
VII $ 310.00 $ 186.00 $ 93.00 $ 186.00 $ 93.00
VIII $ 356.67 $ 214.00 $ 107.00 $ 214.00 $ 107.00
IX $ 406.67 $ 244.00 $ 122.00 $ 244.00 $ 122.00
X $ 460.00 $ 276.00 $ 138.00 $ 276.00 $ 138.00
XI $ 513.33 $ 308.00 $ 154.00 $ 308.00 $ 154.00
XII $ 540.00 $ 324.00 $ 162.00 $ 324.00 $ 162.00
EARNINGS
CLASS
Insured Person Child Orphan Parent
INJURY PENSION—
WEEKLY PAYMENTS DEATH BENEFIT—WEEKLY PAYMENTS
THIRD SCHEDULE—Continued
TABLE D1
Rates of Employment Injury Benefit for Persons Qualifying on
or after 3rd May 1999
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 123
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
ParentOrphan ChildWidow/WidowerInsured Person
DEATH BENEFITS
WEEKLY PAYMENTS
INJURY PENSION
WEEKLY PAYMENT
EARNINGS
CLASS OF
BENEFIT
AWARDED
PRIOR TO
3RD MAY 1999
ON OR AFTER 3RD MAY 1999
I $ 70.00 $ 42.00 $ 21.00 $ 42.00 $ 21.00
II $ 70.00 $ 42.00 $ 21.00 $ 42.00 $ 21.00
III $ 70.00 $ 42.00 $ 21.00 $ 42.00 $ 21.00
IV $ 70.00 $ 42.00 $ 21.00 $ 42.00 $ 21.00
V $ 103.33 $ 62.00 $ 31.00 $ 62.00 $ 31.00
VI $ 136.67 $ 82.00 $ 41.00 $ 82.00 $ 41.00
VII $ 173.33 $ 104.00 $ 52.00 $ 104.00 $ 52.00
VIII $ 216.67 $ 130.00 $ 65.00 $ 130.00 $ 65.00
TABLE D2
Rates of Employment Injury Benefit for Persons Qualifying
before 3rd May 1999
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
124 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
$
11
3.0
0
$
16
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0
$
22
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0
$
27
8.0
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$
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$
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$
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9.0
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$
57
7.0
0
$
65
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$
74
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$
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$
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$
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$
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$
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$
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$
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$
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25
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UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 125
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
$
13
8.6
7
20
3.6
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59
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32
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47
.00
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UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
126 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
M
on
thl
y
De
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t
Ch
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M
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thl
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I
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V
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46
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02
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8
75
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3
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3
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31
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$
2,0
00
.27
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance Chap. 32:01 127
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
M
on
thl
y
De
pe
nd
en
t
Ch
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M
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I
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V
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IX
X
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$
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4
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6
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4
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4
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0
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0
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7
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7
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7
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3
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7
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,10
2.6
7
$
3
,45
8.0
0
$
3
,83
0.6
7
$
4
,24
6.6
7
$
4
,63
6.6
7
$
4
,80
1.3
3
$
4
8.0
0
$
7
0.0
0
$
9
4.0
0
$
12
1.0
0
$
14
9.0
0
$
18
1.0
0
$
21
4.0
0
$
24
7.0
0
$
28
3.0
0
$
32
0.0
0
$
35
8.0
0
$
39
9.0
0
$
44
2.0
0
$
49
0.0
0
$
53
5.0
0
$
55
4.0
0
$
20
8.0
0
$
30
3.3
3
$
40
7.3
3
$
52
4.3
3
$
64
5.6
7
$
78
4.3
3
$
92
7.3
3
$
1,0
70
.33
$
1,2
26
.33
$
1,3
86
.67
$
1,5
51
.33
$
1,7
29
.00
$
1,9
15
.33
$
2,1
23
.33
$
2,3
18
.33
$
2,4
00
.67
$
4
8.0
0
$
7
0.0
0
$
9
4.0
0
$
12
1.0
0
$
14
9.0
0
$
18
1.0
0
$
21
4.0
0
$
24
7.0
0
$
28
3.0
0
$
32
0.0
0
$
35
8.0
0
$
39
9.0
0
$
44
2.0
0
$
49
0.0
0
$
53
5.0
0
$
55
4.0
0
$
20
8.0
0
$
30
3.3
3
$
40
7.3
3
$
52
4.3
3
$
64
5.6
7
$
78
4.3
3
$
92
7.3
3
$
1,0
70
.33
$
1,2
26
.33
$
1,3
86
.67
$
1,5
51
.33
$
1,7
29
.00
$
1,9
15
.33
$
2,1
23
.33
$
2,3
18
.33
$
2,4
00
.67
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
128 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
SUBSIDIARY LEGISLATION
NATIONAL INSURANCE (REGISTRATION)
REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation.
2. Interpretation.
3. Application.
PART I
EMPLOYERS
4. Application for registration of employer.
5. Certificate of registration.
6. Certificate to be kept in employer’s custody.
7. Procedure on ceasing to be an employer.
PART II
EMPLOYED PERSONS (OTHER THAN SELF-EMPLOYED
PERSONS) AND UNPAID APPRENTICES
8. Registration of certain employed persons and unpaid apprentices.
PART III
SELF-EMPLOYED PERSONS
9. Registration of self-employed persons.
10. Termination of self-employment.
PART IV
GENERAL
11. Board to supply forms.
12. National Insurance Registration Card.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Registration) Regulations [Subsidiary]
National Insurance Chap. 32:01 129
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
13. Loss, etc., of insurance certificate or National Insurance Registration
Card.
14. Board to be informed of changes.
15. Offences.
REGULATION
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
130 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
27/2004.
[24/2008].
Citation.
Interpretation.
Application.
Application for
registration of
employer.
NATIONAL INSURANCE (REGISTRATION)
REGULATIONS
made under section 35
1. These Regulations may be cited as the National
Insurance (Registration) Regulations.
2. (1) In these Regulations—
“Board” means the National Insurance Board of Trinidad and
Tobago established under section 3 of the Act;
“company” means a body corporate or an unincorporated
association of persons and includes a partnership, firm
or agency;
“National Insurance Registration Card” means the card referred
to in section 30A of the Act.
(2) For the purposes of the definition of “domestic
worker” in section 28 of the Act, “domestic worker” includes
any person employed as maid, maid-servant, servant, cook,
domestic, laundress, washer-woman, child-minder, nanny,
governess, companion, gardener, yardboy, chauffeur, forester,
game-keeper, watchman, butler, valet, groom, stable-boy or in a
similar capacity.
(3) Without prejudice to any other case in which a
company is engaged in or carrying on a trade or business in
Trinidad and Tobago, a company shall be deemed to be engaged
in or carrying on a trade or business in Trinidad and Tobago,
where it has an office, a place of business, a branch or an agency
in Trinidad and Tobago.
3. These Regulations apply to every employed person not
engaged in uninsurable employment within the meaning of
section 29(2) of the Act, and to every unpaid apprentice.
PART I
EMPLOYERS
4. An employer shall apply to the Board for registration in
such form as the Board may determine.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Registration) Regulations [Subsidiary]
National Insurance Chap. 32:01 131
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Certificate of
registration.
Certificate to
be kept
in employer’s
custody.
[24/2008].
Procedure on
ceasing to be
an employer.
[24/2008].
Ch. 81:01.
5. Where the Board is satisfied that an employer’s application
for registration is in order, the Board shall issue to the employer, a
certificate of registration in such form as the Board may determine.
6. (1) A certificate of registration shall be —
(a) kept in the safe custody of the employer to
whom it is issued;
(b) produced for inspection at any reasonable time
where so required by the Board or any of its
authorised officers; and
(c) displayed prominently at the place of business.
(2) An employer who fails to comply with
subregulation (1) is liable on summary conviction to a fine of
one thousand dollars.
7. (1) Where an employer who is an individual—
(a) ceases to be an employer, he shall promptly so
inform the Board and return his certificate of
registration and all other records required to be
kept under the Act to the Board, within one
month of his ceasing to be an employer; or
(b) dies or is declared a bankrupt, his personal
representative or trustee in bankruptcy shall so
inform the Board and return his certificate of
registration and all other records required to be
kept under the Act to the Board, within one
month of the death or bankruptcy of the
employer, as the case may be.
(2) Where an employer who is not an individual ceases to
be an employer by reason of a winding up or liquidation or
dissolution of partnership or any other cause and the employer is—
(a) a body corporate, the secretary of the body
corporate shall inform the Board when the name
of the body corporate is removed from the
Register of Companies referred to in the
Companies Act and return its certificate of
registration and all other records required to be
kept under the Act to the Board; and
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Registration) Regulations[Subsidiary]
132 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
(b) an unincorporated association of persons, the
secretary or former partners of the
unincorporated association of persons shall so
inform the Board and return its certificate of
registration and all other records required to be
kept under the Act to the Board.
(3) The secretary of the body corporate or the secretary
or former partners of the unincorporated association of persons
shall comply with subregulation (2) within one month of the removal
of the name of the body corporate from the Register of Companies
or the dissolution of the partnership, as the case may be.
PART II
EMPLOYED PERSONS (OTHER THAN SELF-EMPLOYED
PERSONS) AND UNPAID APPRENTICES
8. (1) An employer shall apply to the Board for the
registration of each employed person, including a domestic worker
and a casual agricultural worker, and each unpaid apprentice, of
whom he is the employer, in such form as the Board may determine.
(2) (Revoked by LN 24/2008).
(3) Where the Board is satisfied that the application for
registration under subregulation (1) is in order, the Board shall—
(a) issue to the person in respect of whom registration
is sought, a National Insurance Registration Card,
to be delivered to the person by the employer; and
(b) give to the employer, a record of the
registration number of the person, to be retained
by the employer.
(4) (Revoked by LN 24/2008).
PART III
SELF-EMPLOYED PERSONS
9. (1) A self-employed person shall apply to the Board for
registration in such form as the Board may determine.
Registration of
certain
employed
persons and
unpaid
apprentices.
[24/2008].
Registration of
self-employed
persons.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Registration) Regulations [Subsidiary]
National Insurance Chap. 32:01 133
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Termination of
self-
employment.
Board to supply
forms.
National
Insurance
Registration
Card.
Ch. 2:01.
Loss, etc., of
insurance
certificate or
National
Insurance
Registration
Card.
(2) Where the Board is satisfied that the application for
registration of a self-employed person is in order, the Board shall
issue to the self-employed person, a National Insurance
Registration Card.
10. (1) Where a self-employed person dies, his survivor
entitled to benefit or his personal representative shall so inform
the Board and return the National Insurance Registration Card of
the deceased to the Board within one month of his death.
(2) Where a self-employed person ceases to be self-
employed, he shall so inform the Board and state the reason that
he has ceased to be self-employed.
PART IV
GENERAL
11. Forms for registration shall be supplied by the Board at
no cost to an applicant.
12. (1) A National Insurance Registration Card shall
contain the name, registration number and National Insurance
Registration Number of the person to whom it is issued.
(2) In this regulation “registration number” means the
registration number shown on —
(a) an identification card issued under the
Representation of the People Act; or
(b) a valid Trinidad and Tobago driver’s permit.
13. (1) Where a certificate of registration or a National
Insurance Registration Card is lost, defaced or destroyed while in
the custody of an employer, self-employed person, employed
person or unpaid apprentice, the employer, self-employed
person, employed person or unpaid apprentice, shall report such
loss, defacement or destruction to the Board and apply for the
issue of a replacement.
(2) The Board shall issue a replacement under such
terms and conditions as it may determine.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Registration) Regulations[Subsidiary]
134 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
Board to be
informed of
changes.
Offences.
[24/2008].
14. (1) An employer who changes his address or the name
or nature of his business, shall forthwith inform the Board of
the change.
(2) An employed person, including a domestic worker
and a casual agricultural worker, or unpaid apprentice who
changes his name, status or address, shall forthwith inform his
employer of the change and the employer shall forward the
information to the Board.
(3) A self-employed person shall inform the Board
within fourteen days of any change of address or of the name or
nature of his business or of any change of his name or status.
15. A person who wilfully loses, defaces or destroys any
certificate of registration or National Insurance Registration Card
or who fails to comply with any of these Regulations is liable on
summary conviction to a fine of five hundred dollars.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
National Insurance Chap. 32:01 135
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
NATIONAL INSURANCE (CONTRIBUTION)
REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation.
2. Interpretation.
EMPLOYED PERSONS’ CONTRIBUTION
3. Payment of contributions.
4. Postponement of payment of contribution.
5. Employer to keep record of contributions.
6. Particulars to be furnished by the employer.
VOLUNTARY CONTRIBUTION
7. Application for certificate of voluntary insurance.
8. Issue of certificate of voluntary insurance and contribution card.
9. Manner of payment of voluntary contribution.
10. Rate of voluntary contribution.
11. Time of payment of voluntary contribution.
CONTRIBUTION CREDITS
12. Age credits on the appointed day.
13. Purpose of age credits.
14. Other credits.
GENERAL
15. Failure to pay contribution or late payment thereof.
15A. Acting in bad faith.
16. Contributions paid in error.
17. Offences.
FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
136 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
63/1972.
[101/1976
141/1980
183/1980
105/1991
72/1999
68/2004
38/2008
45/2013].
Citation.
Interpretation.
[45/2013].
Ch. 15:01.
17/2012.
39 of 2012.
Ch. 35:50.
Ch. 15:03.
NATIONAL INSURANCE (CONTRIBUTION)
REGULATIONS
made under section 44
1. These Regulations may be cited as the National
Insurance (Contribution) Regulations.
2. (1) In these Regulations—
“the Act” means the National Insurance Act;
“earnings” means wages or salary and includes overtime
payments, cost of living allowances, long service payments,
allowances for dependants, commission on sales, production
or efficiency bonuses, danger or dirt money and payment for
stand-by duty;
“voluntary contribution” means contribution payable by a holder
of a certificate of voluntary insurance;
“week” means the period from midnight on Sunday to midnight
the following Sunday and includes any part of a week.
(2) These Regulations do not apply to a duty allowance
granted to—
(a) members of the Police Service under the Police
Service Regulations;
(b) members of the Defence Force under the
Defence (Rates of Pay and Allowances)
Regulations;
(c) members of the Prison Service under the Prison
Service (Remuneration) Order;
(d) members of the Fire Service under the Fire
Service (Terms and Conditions of Employment)
Regulations; and
(e) members of the Special Reserve Police under
the Special Reserve Police (Duty Allowance)
Order.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Contribution) Regulations [Subsidiary]
National Insurance Chap. 32:01 137
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
EMPLOYED PERSONS’ CONTRIBUTION
3. (1) Subject to section 38 of the Act, an employer shall pay
contribution in respect of an employed person and an unpaid
apprentice registered or eligible to be registered under Part II of the
Act, for each week that that person or apprentice is in his employ.
(2) For the purposes of subregulation (1), the number of
weeks in a month shall be calculated according to the number of
Mondays in that month.
(3) Contributions payable under subregulation (1) shall
be paid to the service centre of the Board or in such other manner
as the Board authorises in any particular case or class of cases on
or before the due date.
4. Where, in the opinion of the Executive Director, there
exist circumstances which would result in extreme hardship or
grave inconvenience for an employer to pay contribution in respect
of persons in his employ on or before the last day of the calendar
month, the Executive Director may, on the written request of that
employer, authorise him to pay contribution at some later date.
5. (1) An employer shall keep at his place of business a
record showing the following particulars in respect of each
employed person and unpaid apprentice in his employ:
(a) his full name;
(b) his national insurance number;
(c) his salary or wage and the period to which the
salary or wage relates;
(d) the contribution paid for each week of the period
to which his salary or wage relates; and
(e) the total contributions paid to which his salary or
wages relates, and such record shall be available
for inspection during normal working hours.
Payment of
contributions.
[105/1991
72/1999
38/2008].
Postponement
of payment
of contribution.
[105/1991].
Employer to
keep record of
contributions.
[105/1991
72/1999
38/2008].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Contribution) Regulations[Subsidiary]
138 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
(1A) An employer shall keep the record referred to in
subregulation (1) for a period of seven years or until audit by the
Board, whichever is later.
(1B) The employer shall be certified as having been
audited for the relevant period upon completion of the audit.
(2) An employer who contravenes subregulations (1) and
(1A) commits an offence, and is liable on summary conviction to
a fine of five thousand dollars and to imprisonment for three months.
(3) An employer shall permit an employed person, an
unpaid apprentice or such person as an employed person or unpaid
apprentice may authorise in writing for the purpose, to inspect,
during normal working hours, such records of contributions as
pertain to that employed person or unpaid apprentice.
6. (1) Every employer shall submit to the Board at the end
of every month or where the employer registers for the first time,
at the end of the month in which he registers as an employer and
thereafter at the end of March in every year, the following
information in a form approved by the Board:
(a) the names and national insurance numbers of
employees in their employ during the month;
(b) the monthly or weekly salary or wage of the
respective employees;
(c) the contribution class in which earnings are paid
and the number and value of contributions due
in respect of each employee for every week in
the said month; and
(d) any other information required by the Board.
(2) Every employer shall submit to the Board on or
before the last working day of every month, all changes to the
particulars of his employees submitted to the Board in respect of
the previous month.
Particulars to
be furnished by
the employer.
[72/1999
68/2004
38/2008].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Contribution) Regulations [Subsidiary]
National Insurance Chap. 32:01 139
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(3) Where an employer fails to submit or submits
incomplete or incorrect information as required under
subregulation (1) or (2) by the 15th of the month in which it is due
he shall pay a penalty of one thousand dollars and thereafter
twenty dollars for each day of the month until the information is
submitted.
(4) (Deleted by LN 38/2008).
(5) The Board may request an employer to submit the
information referred to in subregulation 6 (1) by way of
electronic media.
VOLUNTARY CONTRIBUTION
7. (1) Application for a certificate of voluntary insurance
shall be made to the Board in the form obtainable from the Board.
(2) A person who at any time between 10th April 1972
and the coming into operation of these Regulations was an
insured person shall make application not later than six months
from the coming into operation of these Regulations. In any other
case application shall be made not later than eighteen months
after the applicant ceases to be an employed person.
8. (1) The Board, on being satisfied that an application
referred to in regulation 7 is in order, shall issue to the applicant
a certificate of voluntary insurance.
(2) A certificate of voluntary insurance shall be in such
form as the Board may determine.
9. Voluntary contribution shall be payable at any
service centre, either monthly or quarterly.
Application
for certificate
of voluntary
insurance.
[101/1976
72/1999].
Issue of
certificate of
voluntary
insurance and
contribution
card.
[38/2008].
Manner of
payment of
voluntary
contribution.
[101/1976
38/2008].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Contribution) Regulations[Subsidiary]
140 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
10. (1) Subject to subregulation (2) a person who holds
a certificate of voluntary insurance shall pay voluntary
contribution at the rate of the earnings class into which he falls.
Such earnings class shall be based on his average weekly
earnings for the period spent in insurable employment during the
two years immediately preceding his application for such
certificate, that is to say he shall pay as set out hereunder—
I 32.33 96.99
II 47.71 143.13
III 63.09 189.27
IV 79.99 239.97
V 100.01 300.03
VI 121.55 364.65
VII 143.09 429.27
VIII 164.62 493.86
IX 187.68 563.04
X 212.29 636.87
XI 236.90 710.70
XII 249.21 747.63
Quarterly
Rate
$
Monthly Rate
$
Earnings
Class
I–IV I
V II
VI III
VII IV
VIII V
Earnings Class Fixed on or
After 3rd May 1999
Earnings Class Fixed
Prior to 3rd May 1999
(2) A person who began paying voluntary contribution
before 3rd May 1999 shall as from 3rd May 1999 pay
contribution at the rates for the earnings class shown in the
second column below corresponding to the earnings class in
which he paid contribution prior to 3rd May 1999 as set out in the
first column below—
Rate of
voluntary
contribution.
[72/1999
68/2004
38/2008
45/2013].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Contribution) Regulations [Subsidiary]
National Insurance Chap. 32:01 141
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(3) With effect from 1st March 2004, a person who
began paying voluntary contributions prior to 1st March 2004, or
on or after 1st March 2004, shall pay contributions for the period
1st March 2004 to 2nd January 2005, at the rate for the earnings
class into which he falls, in accordance with the Table shown
hereunder as follows:
Earnings Classes and Voluntary Contributions from
1st March 2004
(Based on 7.4% contribution rate)
125.06
182.78
245.32
312.66
384.80
466.58
553.16
639.74
731.12
827.32
923.52
971.62
41.69
60.93
81.78
104.21
128.27
155.53
184.39
213.25
243.71
275.77
307.84
323.87
9.62
14.06
18.88
24.06
29.60
35.90
42.56
49.22
56.24
63.64
71.04
74.74
130
190
255
325
400
485
575
665
760
860
960
1,010
433–692.99
693–952.99
953–1,256.99
1,257–1,559.99
1,560–1,906.99
1,907–2,296.99
2,297–2,686.99
2,687–3,076.99
3,077–3,509.99
3,510–3,942.99
3,943–4,376.99
4,377 and over
100–159.99
160–219.99
220–289.99
290–359.99
360–439.99
440–529.99
530–619.99
620–709.99
710–809.99
810–909.99
910–1,009.99
1,010 and over
Voluntary
Quarterly
$
Voluntary
Monthly
$
Voluntary
Weekly
$
Assumed
Average
Weekly
Earnings
$
Monthly
Earnings
$
Weekly
Earnings
$
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
Earnings
Class
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Contribution) Regulations[Subsidiary]
142 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
133.51
195.13
261.89
333.78
410.80
498.10
590.53
682.96
780.52
883.22
985.92
1,037.27
44.51
65.05
87.30
111.26
136.94
166.03
196.84
227.65
260.18
294.40
328.64
345.75
10.27
15.01
20.15
25.68
31.60
38.32
45.43
52.54
60.04
67.94
75.84
79.79
130
190
255
325
400
485
575
665
760
860
960
1,010
433–692.99
693–952.99
953–1,256.99
1,257–1,559.99
1,560–1,906.99
1,907–2,296.99
2,297–2,686.99
2,687–3,076.99
3,077–3,509.99
3,510–3,942.99
3,943–4,376.99
4,377 and over
100–159.99
160–219.99
220–289.99
290–359.99
360–439.99
440–529.99
530–619.99
620–709.99
710–809.99
810–909.99
910–1,009.99
1,010 and over
Voluntary
Quarterly
$
Voluntary
Monthly
$
Voluntary
Weekly
$
Assumed
Average
Weekly
Earnings
$
Monthly
Earnings
$
Weekly
Earnings
$
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
Earnings
Class
(4) With effect from 3rd January 2005, a person who
began paying voluntary contributions prior to 3rd January 2005,
or on or after 3rd January 2005, shall pay contributions for the
period 3rd January 2005 to 1st January 2006, at the rate for the
earnings class into which he falls, in accordance with the Table
shown hereunder as follows:
Earnings Classes and Voluntary Contributions from
3rd January 2005
(Based on 7.9% contribution rate)
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Contribution) Regulations [Subsidiary]
National Insurance Chap. 32:01 143
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
141.96
207.48
278.47
354.91
436.80
529.63
627.91
726.19
829.92
939.12
1,048.32
1,102.92
47.32
69.16
92.83
118.30
145.60
176.54
209.30
242.06
276.64
313.04
349.44
367.64
10.92
15.96
21.43
27.31
33.60
40.75
48.31
55.87
63.84
72.24
80.64
84.84
130
190
255
325
400
485
575
665
760
860
960
1,010
433–692.99
693–952.99
953–1,256.99
1,257–1,559.99
1,560–1,906.99
1,907–2,296.99
2,297–2,686.99
2,687–3,076.99
3,077–3,509.99
3,510–3,942.99
3,943–4,376.99
4,377 and over
100–159.99
16–219.99
220–289.99
290–359.99
360–439.99
440–529.99
530–619.99
620–709.99
710–809.99
810–909.99
910–1,009.99
1,010 and over
Voluntary
Quarterly
$
Voluntary
Monthly
$
Voluntary
Weekly
$
Assumed
Average
Weekly
Earnings
$
Monthly
Earnings
$
Weekly
Earnings
$
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
Earnings
Class
(5) With effect from 2nd January 2006, a person who
began paying voluntary contributions prior to 2nd January 2006,
or on or after 2nd January 2006, shall pay contributions at the rate
for the earnings class into which he falls, in accordance with the
Table shown hereunder as follows:
Earnings Classes and Voluntary Contributions from
2nd January 2006
(Based on 8.4% contribution rate)
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Contribution) Regulations[Subsidiary]
144 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
218.40
320.78
429.98
552.83
682.50
825.83
975.98
1,126.13
1,289.93
1,460.55
1,631.18
1,815.45
2,013.38
2,231.78
2,481.57
2,613.98
72.80
106.93
143.33
184.28
227.50
275.28
325.33
375.38
429.98
486.85
543.73
605.15
671.13
743.93
827.19
871.33
16.80
24.68
33.08
42.53
52.50
63.53
75.08
86.63
99.23
112.35
125.48
139.65
154.88
171.68
190.89
201.08
160.00
235.00
315.00
405.00
500.00
605.00
715.00
825.00
945.00
1,070.00
1,195.00
1,330.00
1,475.00
1,635.00
1,818.00
1,915.00
520.00–866.99
867.00–1,169.99
1,170.00–1,559.99
1,560.00–1,949.99
1,950.00–2,382.99
2,383.00–2,859.99
2,860.00–3,336.99
3,337.00–3,812.99
3,813.00–4,376.99
4,377.00–4,896.99
4,897.00–5,459.99
5,460.00–6,066.99
6,067.00–6,716.99
6,717.00–7,452.99
7,453.00–8,299.99
8,300.00 and over
120.00–199.99
200.00–269.99
270.00–359.99
360.00–449.99
450.00–549.99
550.00–659.99
660.00–769.99
770.00–879.99
880.00–1,009.99
1,010.00–1,129.99
1,130.00–1,259.99
1,260.00–1,399.99
1,400.00–1,549.99
1,550.00–1,719.99
1,720.00–1,914.99
1,915.00 and over
Voluntary
Quarterly
$
Voluntary
Monthly
$
Voluntary
Weekly
$
Assumed
Average
Weekly
Earnings
$
Monthly
Earnings
$
Weekly
Earnings
$
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII
XIV
XV
XVI
Earnings
Class
(6) With effect from 7th January 2008, a person who
began paying voluntary contributions prior to 7th January 2008,
or on or after 7th January 2008, shall pay contributions for the
period 7th January 2008 to 3rd January 2010, at the rate for the
earnings class into which he falls, in accordance with the Table
shown hereunder as follows:
Earnings Classes and Voluntary Contributions from
7th January 2008
(Based on 10.5% contribution rate)
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Contribution) Regulations [Subsidiary]
National Insurance Chap. 32:01 145
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
224.64
329.94
442.26
568.62
702.00
849.42
1,003.86
1,158.30
1,326.78
1,502.28
1,677.78
1,867.32
2,070.90
2,295.54
2,552.47
2,688.66
74.88
109.98
147.42
189.54
234.00
283.14
334.62
386.10
442.26
500.76
559.26
622.44
690.30
765.18
850.82
896.22
17.28
25.38
34.02
43.74
54.00
65.34
77.22
89.10
102.06
115.56
129.06
143.64
159.30
176.58
196.34
206.82
160.00
235.00
315.00
405.00
500.00
605.00
715.00
825.00
945.00
1,070.00
1,195.00
1,330.00
1,475.00
1,635.00
1,818.00
1,915.00
520.00–866.99
867.00–1,169.99
1,170.00–1,559.99
1,560.00–1,949.99
1,950.00–2,382.99
2,383.00–2,859.99
2,860.00–3,336.99
3,337.00–3,812.99
3,813.00–4,376.99
4,377.00–4,896.99
4,897.00–5,459.99
5,460.00–6,066.99
6,067.00–6,716.99
6,717.00–7,452.99
7,453.00–8,299.99
8,300.00 and over
120.00–199.99
200.00–269.99
270.00–359.99
360.00–449.99
450.00–549.99
550.00–659.99
660.00–769.99
770.00–879.99
880.00–1,009.99
1,010.00–1,129.99
1,130.00–1,259.99
1,260.00–1,399.99
1,400.00–1,549.99
1,550.00–1,719.99
1,720.00–1,914.99
1,915.00 and over
Voluntary
Quarterly
$
Voluntary
Monthly
$
Voluntary
Weekly
$
Assumed
Average
Weekly
Earnings
$
Monthly
Earnings
$
Weekly
Earnings
$
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII
XIV
XV
XVI
Earnings
Class
(7) With effect from 4th January 2010, a person who
began paying voluntary contributions prior to 4th January 2010,
or on or after 4th January 2010, shall pay contributions for the
period 4th January 2010 to 1st January 2012, at the rate for the
earnings class into which he falls, in accordance with the Table
shown hereunder as follows:
Earnings Classes and Voluntary Contributions from
4th January 2010
(Based on 10.8% contribution rate)
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Contribution) Regulations[Subsidiary]
146 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
237.12
348.27
466.83
600.21
741.00
896.61
1,059.63
1,222.65
1,400.49
1,585.74
1,770.99
1,971.06
2,185.95
2,423.07
2,694.28
2,838.03
79.04
116.09
155.61
200.07
247.00
298.87
353.21
407.55
466.83
528.58
590.33
657.02
728.65
807.69
898.09
946.01
18.24
26.79
35.91
46.17
57.00
68.97
81.51
94.05
107.73
121.98
136.23
151.62
168.15
186.39
207.25
218.31
160.00
235.00
315.00
405.00
500.00
605.00
715.00
825.00
945.00
1,070.00
1,195.00
1,330.00
1,475.00
1,635.00
1,818.00
1,915.00
520.00–866.99
867.00–1,169.99
1,170.00–1,559.99
1,560.00–1,949.99
1,950.00–2,382.99
2,383.00–2,859.99
2,860.00–3,336.99
3,337.00–3,812.99
3,813.00–4,376.99
4,377.00–4,896.99
4,897.00–5,459.99
5,460.00–6,066.99
6,067.00–6,716.99
6,717.00–7,452.99
7,453.00–8,299.99
8,300.00 and over
120.00–199.99
200.00–269.99
270.00–359.99
360.00–449.99
450.00–549.99
550.00–659.99
660.00–769.99
770.00–879.99
880.00–1,009.99
1,010.00–1,129.99
1,130.00–1,259.99
1,260.00–1,399.99
1,400.00–1,549.99
1,550.00–1,719.99
1,720.00–1,914.99
1,915.00 and over
Voluntary
Quarterly
$
Voluntary
Monthly
$
Voluntary
Weekly
$
Assumed
Average
Weekly
Earnings
$
Monthly
Earnings
$
Weekly
Earnings
$
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII
XIV
XV
XVI
Earnings
Class
(8) With effect from 2nd January 2012, a person who
began paying voluntary contributions prior to 2nd January 2012,
or on or after 2nd January 2012, shall pay contributions for the
period 2nd January 2012 to 3rd March 2013 at the rate for the
earnings class into which he falls, in accordance with the Table
shown hereunder as follows:
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Contribution) Regulations [Subsidiary]
National Insurance Chap. 32:01 147
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(9) With effect from 4th March 2013, a person who
began paying voluntary contributions prior to
4th March 2013, or on or after 4th March 2013 shall pay
contributions for the period 4th March 2013 to
2nd March 2014, at the rate for the earnings class into which he
falls, in accordance with the Table shown hereunder as follows:
Earnings Classes and Contributions for Voluntary
Contributors—2013
(Based on 11.7% contribution rate)
304.20
441.09
593.19
768.30
943.02
1,140.75
1,353.69
1,566.63
1,794.78
2,030.73
2,266.29
2,524.86
2,798.64
3,102.84
3,390.27
3,510.39
101.40
147.03
197.73
256.10
314.34
380.25
451.23
522.21
598.26
676.91
755.43
841.62
932.88
1,034.28
1,130.09
1,170.13
23.40
33.93
45.63
59.10
72.54
87.75
104.13
120.51
138.06
156.21
174.33
194.22
215.28
238.68
260.79
270.03
200.00
290.00
390.00
505.00
620.00
750.00
890.00
1,030.00
1,180.00
1,335.00
1,490.00
1,660.00
1,840.00
2,040.00
2,229.00
2,308.00
650.00–1,082.99
1,083.00–1,429.99
1,430.00–1,949.99
1,950.00–2,426.99
2,427.00–2,946.99
2,947.00–3,552.99
3,553.00–4,159.99
4,160.00–4,766.99
4,767.00–5,459.99
5,460.00–6,109.99
6,110.00–6,802.99
6,803.00–7,582.99
7,583.00–8,362.99
8,363.00–9,316.99
9,317.00–9,999.99
10,000.00 and over
150.00–249.99
250.00–329.99
330.00–449.99
450.00–559.99
560.00–679.99
680.00–819.99
820.00–959.99
960.00–1,099.99
1,100.00–1,259.99
1,260.00–1,409.99
1,410.00–1,569.99
1,570.00–1,749.99
1,750.00–1,929.99
1,930.00–2,149.99
2,150.00–2,307.99
2,308.00 and over
Quarterly
Contribu-
tion
$
Monthly
Contribu-
tion
$
Weekly
Contribu-
tion
$
Assumed
Average
Weekly
Earnings
$
Monthly
Earnings
$
Weekly
Earnings
$
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII
XIV
XV
XVI
Earnings
Class
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Contribution) Regulations[Subsidiary]
148 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
(10) With effect from 3rd March 2014, a person who
began paying voluntary contributions prior to 3rd March 2014,
or on or after 3rd March 2014 shall pay contributions at the rate
for the earnings class into which he falls, in accordance with the
Table shown hereunder as follows:
Earnings Classes and Contributions for Voluntary
Contributors—2014
(Based on 12.0% contribution rate)
374.40
546.00
733.20
943.80
1,162.20
1,411.80
1,669.20
1,926.60
2,207.40
2,496.00
2,792.40
3,112.20
3,447.60
3,822.00
4,173.00
4,321.20
124.80
182.00
244.40
314.60
387.40
470.60
556.40
642.20
735.80
832.00
930.80
1,037.40
1,149.20
1,274.00
1,391.00
1,440.40
28.80
42.00
56.40
72.60
89.40
108.60
128.40
148.20
169.80
192.00
214.80
239.40
265.20
294.00
321.00
332.40
240.00
350.00
470.00
605.00
745.00
905.00
1,070.00
1,235.00
1,415.00
1,600.00
1,790.00
1,995.00
2,210.00
2,450.00
2,675.00
2,770.00
780.00–1,299.99
1,300.00–1,732.99
1,733.00–2,339.99
2,340.00–2,902.99
2,903.00–3,552.99
3,553.00–4,289.99
4,290.00–4,982.99
4,983.00–5,719.99
5,720.00–6,542.99
6,543.00–7,322.99
7,323.00–8,189.99
8,190.00–9,099.99
9,100.00–10,052.99
10,053.00–11,179.99
11,180.00–11,999.99
12,000.00 and over
180.00–299.99
300.00–399.99
400.00–539.99
540.00–669.99
670.00–819.99
820.00–989.99
990.00–1,149.99
1,150.00–1,319.99
1,320.00–1,509.99
1,510.00–1,689.99
1,690.00–1,889.99
1,890.00–2,099.99
2,100.00–2,319.99
2,320.00–2,579.99
2,580.00–2,769.99
2,770.00 and over
Quarterly
Contribu-
tion
$
Monthly
Contribu-
tion
$
Weekly
Contribu-
tion
$
Assumed
Average
Weekly
Earnings
$
Monthly
Earnings
$
Weekly
Earnings
$
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII
XIV
XV
XVI
Earnings
Class
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Contribution) Regulations [Subsidiary]
National Insurance Chap. 32:01 149
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
11. Upon being notified by the Board of the voluntary
contribution due, a holder of a certificate of voluntary insurance
shall make the requisite payment to the Board at any time not
later than 31st December of the year in which such voluntary
contribution is due.
CONTRIBUTION CREDITS
12. All employed persons or unpaid apprentices registered or
eligible to be registered under Part II of the Act, who are over the
age of thirty-five years on the appointed day for the payment of
contributions under the Act, shall be credited with twenty-five
contributions for each year over the age of thirty-five years,
subject to a maximum of six hundred contributions. Such age
credits shall be as set out in the Table in the Second Schedule.
13. Age credits shall be used for the computation of basic
retirement pension only and only those credits necessary to
establish an insured person’s right to such a pension shall be
taken into account, notwithstanding such person’s right to a
greater number of credits having regard to his age on the
appointed day referred to in regulation 12.
14. No contribution shall be payable in respect of a person for
any week in which such person is in receipt of sickness, maternity,
invalidity or injury benefit but contribution shall be credited to
him in the same amount as would have been payable in respect of
him, had he not been in receipt of benefit.
GENERAL
15. Where contribution is paid after the due date, or such
later date as the Board may authorise, or where there is failure to
pay contribution, the Board may, if satisfied that the employed
person or unpaid apprentice in respect of whom such contribution
was due, did not in any way consent to or connive at or by any
negligence on his part cause, the late payment or failure to pay,
treat such contribution as promptly and properly paid for the
purpose of determining that person’s right to benefit.
Time of
payment of
voluntary
contribution.
Age credits on
the appointed
day.
Second
Schedule.
Purpose of age
credits.
Other credits.
[72/1999
38/2008].
Failure to pay
contribution or
late payment
thereof.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Contribution) Regulations[Subsidiary]
150 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
Acting in bad
faith.
[38/2008].
Contributions
paid in error.
[68/2004].
Offences.
[38/2008].
15A. Where the Board is satisfied that the insured person did
consent to or connive at or by any negligence on his part, cause
the late payment or failure to pay contribution, then that
contribution or purported period of employment shall be
disregarded in determining the insured person’s benefit.
16. (1) Where contribution is paid in an amount less than the
amount properly payable, the person liable shall within one month
of being advised by the Board of the error, make an additional
payment to rectify the error. Failure to make the required
additional payment may be treated as a failure to pay contribution.
(2) Where benefit based on such lesser amount of
contribution has been paid before the contribution payment has
been rectified, such benefit shall be adjusted upon the additional
payment being made to rectify the error.
(3) Where contribution is paid in an amount greater than
the amount properly payable, the Board may on the written
request of the person who made such payment make a refund but
no such refund shall be made where benefit based on such
erroneous contribution was paid.
(4) Where an employer applies for a refund of
contributions, the Board shall require the employer to submit
evidence of overpayment of contributions in respect of the person
for whom the erroneous contributions were made.
17. Where in accordance with the Act and these Regulations
contribution is payable in respect of any employed person or
unpaid apprentice, any employer who wilfully refuses or neglects
to pay contribution for any week in respect of any such person in
his employ, or any self-employed person who wilfully refuses or
neglects to pay contribution for any week on his own behalf, is
liable on summary conviction to a fine of one thousand dollars
and to imprisonment for three months.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Contribution) Regulations [Subsidiary]
National Insurance Chap. 32:01 151
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
.................................................
Signature of Witness to Mark
Applicant’s Signature or Mark
*“Identification Card No.” means the registration number shown on the applicant’s Identification
Card issued under the Representation of the People Act (Ch. 2:01).
†“National Insurance No.” means the national insurance number shown on the applicant’s identity
card issued under regulation 8 of the National Insurance (Registration) (No. 2) Regulations.
Regulation 7.FIRST SCHEDULE
FORM NI. 6
THE NATIONAL INSURANCE (CONTRIBUTION) REGULATIONS
APPLICATION FOR A CERTIFICATE OF
VOLUNTARY INSURANCE
Please complete in Block Letters
Surname ...................................................... Other Names ............................................
Date of Birth ............................................... *Identification Card No. ..........................
Place of Birth .............................................. †National Insurance No. ..........................
Male or Female ...........................................
Last Employer:
Name ...........................................................
Business Address ........................................
.....................................................................
Employer Registration No. .........................
I hereby declare that I am not an employed person.
Date: ......................................... ..................................................
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Contribution) Regulations[Subsidiary]
152 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
.................................................................
Chairman, Board of Management
*“Identification Card No.” means the registration number shown on the applicant’s Identification
Card issued under the Representation of the People Act (Ch. 2:01).
†“National Insurance No.” means the national insurance number shown on the applicant’s identity
card issued under regulation 8 of the National Insurance (Registration) (No. 2) Regulations.
Regulation 8(2). FORM NI. 7
THE NATIONAL INSURANCE (CONTRIBUTION) REGULATIONS
CERTIFICATE OF VOLUNTARY INSURANCE
*Identification Card No. ........................................
†National Insurance No. ........................................
This certificate of voluntary insurance is hereby issued to ..........................
..........................................................................................................................................
of ......................................................................................................................................
The person named herein is liable to pay contribution at the rate of .....................
..........................................................................................................................................
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Contribution) Regulations [Subsidiary]
National Insurance Chap. 32:01 153
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Number of CreditsAge at last birthday (years)
Age at last birthday
(years) Number of Credits
36 25
37 50
38 75
39 100
40 125
41 150
42 175
43 200
44 225
45 250
Regulation 12.
[183/1980].SECOND SCHEDULE
TABLE OF AGE CREDITS
46 275
47 300
48 325
49 350
50 375
51 400
52 425
53 450
54 475
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Contribution) Regulations[Subsidiary]
154 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
SECTION “A”
NAME OF BUSINESS OR COMPANY ..........................................................................
ADDRESS ............................................................................................................................
............................................................................................................................
TELEPHONE NUMBER
CONTRIBUTIONS DUE FOR THE PERIOD
TOTAL NUMBER OF EMPLOYEES FOR THE ABOVE PERIOD
TOTAL NUMBER OF UNPAID APPRENTICES FOR THE ABOVE PERIOD
SECTION “B”
THIRD SCHEDULE
FORM 1
THE NATIONAL INSURANCE BOARD
PARTICULARS OF NATIONAL INSURANCE CONTRIBUTIONS DUE
(Prepare in duplicate)
Surname Other Name(s)
TO
Regulation 6(1).
[105/1991].
YYY MM DD
1 2 3 4 5 6 7 8 Z
Employer Reg. No.
YYY MM DD
SECTION “C” (CERTIFICATE OF DECLARANT)
I/We solemnly and sincerely declare that the information given is a correct reflection of contributions due and payable
for all insured persons for the period stated.
NAME ........................................................ POSITION ........................................................
SIGNATURE .............................................. DATE
(a) PRESENT SHEET
(b) SHEET NUMBER ........(b/f)
(c) TOTAL NUMBER ........(c/f)
TOTAL NUMBER OF
NATIONAL INSURANCE
CONTRIBUTIONS
4321
TOTAL
NUMBER OF CONTRIBUTIONS
DUENAME OF INSURED PERSONNATIONAL INSURANCENUMBER
YYY MM DD
(OFFICIAL USE)
I.O. CODE
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Contribution) Regulations [Subsidiary]
National Insurance Chap. 32:01 155
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
FORM 2
SUMMARY OF CONTRIBUTIONS DUE/IN ARREARS
(Prepare in duplicate)
TO
TOTAL AMOUNT DUE:
$...................
TOTAL AMOUNT PAID: $..................
BALANCE OUTSTANDING $ ...........
SUB TOTAL:
ARREARS:
TOTAL:
$ 100 x
20 x
10 x
5 x
1 x
SILVER
COPPER
CHEQUES
TOTAL
HOW PAID $ ¢.
CASH
1 2
SECTION “C”
METHOD OF PAYMENT:
SECTION “B”
TOTAL NUMBER OF CONTRIBUTIONS BEING PAID:
3
4
6
8
10
13
17
19
1
$ ¢.
I
II
III
IV
V
VI
VII
VIII
Z
VALUE
$ ¢.CLASS
Number of
Contributions
TOTAL VALUE
4321
Employer Reg. No.
YYY MM DD YYY MM DD
YYY MM DD
SECTION “D” (CERTIFICATE OF DECLARANT)
I/We solemnly and sincerely declare that the information given is a correct reflection of contributions due and payable
for all insured persons for the period stated.
NAME ........................................................ POSITION ........................................................
SIGNATURE .............................................. DATE
(OFFICIAL USE)
I.O. CODE
SECTION “A”
NAME OF BUSINESS OR COMPANY ..........................................................................
ADDRESS ............................................................................................................................
............................................................................................................................
TELEPHONE NUMBER
CONTRIBUTIONS DUE FOR THE PERIOD
TOTAL NUMBER OF EMPLOYEES FOR THE ABOVE PERIOD
TOTAL NUMBER OF UNPAID APPRENTICES FOR THE ABOVE PERIOD
TOTAL NUMBER OF CONTRIBUTIONS DUE
30
80
30
25
50
50
25
35
00
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
156 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
NATIONAL INSURANCE (MEDICAL EXPENSES)
REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation.
2. Interpretation.
3. Medical expenses.
4. Board to appoint medical referees.
5. Questions to be referred to medical referees.
6. Period for which medical expenses shall be paid.
7. Board to establish formulary.
8. Payment of hospital expenses.
9. Circumstances where Board is not liable to pay hospital expenses.
10. Medical expenses incurred outside Trinidad and Tobago.
11. Travel expenses.
12. Constant attendance allowance.
13. Conditions attaching to payment of medical expenses.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
National Insurance Chap. 32:01 157
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
NATIONAL INSURANCE (MEDICAL EXPENSES)
REGULATIONS
made under section 46(5)
1. These Regulations may be cited as the National
Insurance (Medical Expenses) Regulations.
2. In these Regulations—
“medical practitioner” means a person registered under the
Medical Board Act.
3. For the purposes of the Act and these Regulations
“medical expenses” includes doctor’s fees, hospital expenses, the
cost of necessary para-medical treatment, the cost of medicines
and the cost of travel incidental to an insured person receiving
care and treatment.
4. (1) The Board shall appoint medical practitioners to be
medical referees and for the purpose of considering any question
referred by the Board medical referees shall be constituted
into panels.
(2) A panel may comprise one or more medical referees.
5. The Board may refer to medical referees any medical
question relating to an insured person in respect of whom a claim
is made—
(a) that he has suffered personal injury by accident
arising out of and in the course of his
employment; or
(b) that he has developed a prescribed disease.
6. Medical expenses shall be paid from the date of the
accident giving rise to the personal injury or the date of the
development of the prescribed disease as the case may be for as
long as the nature of the insured person’s condition necessitates
the incurrence of those expenses and provided that the insured
person can show proof that he met those expenses.
95/1977.
[67/2004
40/2008].
Citation.
Interpretation.
Ch. 29:50.
Medical
expenses.
Board to
appoint medical
referees.
Questions to be
referred to
medical
referees.
Period for
which medical
expenses shall
be paid.
[67/2004].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Medical Expenses) Regulations[Subsidiary]
158 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
7. For the purpose of these Regulations, the Board may
establish a formulary of pharmaceutical products and dressings
that may be prescribed by a medical practitioner for a person
entitled to benefit under section 46(3) of the Act.
8. (1) Hospital expenses of an insured person may be paid
by the Board direct to Government where such expenses are
incurred at a hospital operated by the Government or to a private
hospital where such expenses are incurred at the hospital.
(2) For the purposes of this regulation the Board may
make arrangements with Government on the one hand or with a
private hospital on the other for the payment of hospital expenses
and may in accordance with such arrangements—
(a) pay to Government or to the private hospital as
the case may be, the actual expenses incurred by
the insured person; or
(b) make grants to Government or to the private
hospital as the case may be in such amounts and
at such times as may be agreed to cover the
expenses of insured persons generally.
9. Where the Board has made arrangements for the
hospitalisation of insured persons at a hospital, it shall not be
liable to pay the hospital expenses of an insured person who is
admitted to some other hospital, save where facilities under the
arrangements of the Board were not immediately available to the
insured person and delay may have caused serious risk to his life
or grave detriment to his health.
10. Medical expenses incurred outside Trinidad and Tobago
shall be paid by the Board only if the Board is satisfied that
treatment required by the insured person was not available locally
and that having regard to all other circumstances of the case the
insured person was justified in seeking care and treatment abroad.
11. Where an insured person is required to attend any place
for the purpose of receiving care and treatment he shall be paid
Board to
establish
formulary.
Payment of
hospital
expenses.
Circumstances
where Board
is not liable to
pay hospital
expenses.
Medical
expenses
incurred outside
Trinidad and
Tobago.
Travel expenses.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Medical Expenses) Regulations [Subsidiary]
National Insurance Chap. 32:01 159
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
reasonable expenses for getting to and from that place and where
having regard to the condition of that insured person, his medical
practitioner certifies that he should be accompanied, reasonable
expenses shall be paid for the insured person’s escort.
12. Where in the opinion of the Board, it is necessary that an
insured person should have constant attendance and care, the
Board shall make weekly payments where a person is employed
for this purpose.
13. An insured person in respect of whom medical expenses
are paid by the Board, shall—
(a) remain under the care of the medical
practitioner from whom he first received care
and treatment for the injury or the prescribed
disease, unless in the opinion of the Board care
and treatment should be continued by another
medical practitioner in which case he should
attend that other medical practitioner;
(b) follow the instructions of his medical
practitioner;
(c) refrain from doing anything which might retard
his recovery;
(d) submit himself, if so required by the Board, to
be examined by a panel of medical referees;
(e) be admitted to hospital where his medical
practitioner considers care and treatment in
hospital, advisable.
Constant
attendance
allowance.
[40/2008].
Conditions
attaching to
payment of
medical
expenses.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
160 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
226/1979.
[70/1999
30/2004
25/2008
38/2013].
Citation and
commencement.
Rates of
payment.
Schedule.
Maximum
payment.
[25/2008
38/2013].
NATIONAL INSURANCE (EMPLOYMENT INJURY)
(PAYMENT OF MEDICAL EXPENSES) ORDER
made under section 46(6)
1. This Order may be cited as the National Insurance
(Employment Injury) (Payment of Medical Expenses) Order and
is deemed to have come into operation on 1st July 1976.
2. Subject to paragraph 3 the rates of payment for medical
expenses to insured persons who suffer personal injury by
accident arising out of or in the course of their employment shall
be as set out in the Schedule.
3. (1) The aggregate payment of medical expenses shall
not exceed—
(a) the sum of eighteen thousand dollars up to
6th January 2008;
(b) the sum of twenty-two thousand, five hundred
dollars, with effect from 7th January 2008 to
3rd March 2013;
(c) the sum of twenty-eight thousand, one hundred
and twenty-five dollars from 4th March 2013 to
2nd March 2014; and
(d) the sum of thirty-three thousand, seven hundred
and fifty dollars effective 3rd March 2014.
(2) A maximum of—
(a) two examinations of Magnetic Resonance
Imaging (“MRI”) per injury shall be covered;
and
(b) two thousand dollars shall be payable for each
MRI examination.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Employment Injury) (Payment of Medical Expenses) Order [Subsidiary]
National Insurance Chap. 32:01 161
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
UP TO
$ 500.00
$ 30.00
$ 75.00
$ 90.00
$ 75.00
$ 60.00
$ 100.00
up to $ 400.00
up to $ 800.00
up to $ 1,600.00
$ 150.00
per day including cost
of investigations, drugs
and X-rays, etc.
OPERATIONS
Minor
Intermediate
Major
PRIVATE HOSPITALS
DRUGS, DRESSINGS AND
PHARMACEUTICALS
PSYCHIATRIST
Initial Consultation
Follow-up Consultation to a
Maximum of 15
GENERAL PRACTITIONER
Specialist
BETWEEN 6.00 P.M
and 8.00 A.M.
BETWEEN 8.00 A.M.
and 6.00 P.M.
EMERGENCY
VISITS
OFFICE VISITS
TO DOCTOR
SCHEDULE
PART I
RATES OF PAYMENT FOR MEDICAL EXPENSES
[25/2008
38/2013].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Employment Injury) (Payment of Medical Expenses) Order[Subsidiary]
162 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
A person who qualifies for the receipt of constant attendance and care allowance in
respect of an accident which occurred on or after 3rd May 1999 shall be paid an
allowance as set out in this Table.
CONSTANT CARE ALLOWANCES
WEEKLY RATESEARNINGS CLASS
PART II
RATES OF CONSTANT ATTENDANCE AND CARE
ALLOWANCES FOR PERSONS QUALIFYING ON OR
AFTER 3RD MAY 1999
I $ 10.37
II $ 17.00
III $ 22.55
IV $ 29.33
V $ 37.20
VI $ 45.53
VII $ 53.74
VIII $ 63.43
IX $ 73.18
X $ 83.66
XI $ 94.88
XII $ 106.16
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Employment Injury) (Payment of Medical Expenses) Order [Subsidiary]
National Insurance Chap. 32:01 163
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
I $ 10.37
II $ 10.37
III $ 10.37
IV $ 10.37
V $ 17.00
VI $ 22.55
VII $ 29.33
VIII $ 37.20
WEEKLY RATES
ON OR AFTER 3RD MAY 1999
EARNINGS CLASS OF
ALLOWANCE AWARDED
BEFORE 3RD MAY 1999
A person who qualified for receipt of constant attendance allowance before
3rd May 1999 in respect of an accident which occurred before 3rd May 1999 and
continues to be eligible to receive such allowance on or after 3rd May 1999 shall be
paid an increased allowance in accordance with this Table.
PART III
RATES OF CONSTANT ATTENDANCE ALLOWANCES
FOR PERSONS QUALIFYING BEFORE 3RD MAY 1999
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Employment Injury) (Payment of Medical Expenses) Order[Subsidiary]
164 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
[30/2004].
RATES PAYABLE ON OR AFTER
1ST MARCH 2004EXPENSES DETAILS
PART IV
RATES OF PAYMENT FOR MEDICAL EXPENSES ON
OR AFTER 1ST MARCH 2004
$37.50 per visit (8.00 a.m. to 6.00 p.m.)
$74.50 per visit (6.00 p.m. to 8.00 a.m.)
N/A
$93.00 per visit (8.00 a.m. to 6.00 p.m.)
$124.00 per visit (6.00 p.m. to 8.00 a.m.)
$112.00 per hour
$93.00 per visit to maximum of 15 visits
Up to $620.00 per injury
$186.00 per day inculding cost of
investigation, drugs and x-rays
Up to $496.00
Up to $992.00
Up to $1,984.00
(a) Doctors’ Visits
(i) General Practitioner
Office Visit
Visit by doctor to site
Emergency Visit
(ii) Specialist Visit
Office Visit
Visit by doctor to site
(iii) Psychiatrist
Initial consultation
Follow-up
(b) Drugs and Dressing
(c) Hospital Expenses
(d) Operations
Minor
Intermediate
Major
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Employment Injury) (Payment of Medical Expenses) Order [Subsidiary]
National Insurance Chap. 32:01 165
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
$ 55.73
$ 91.35
$ 121.16
$ 157.56
$ 199.90
$ 244.62
$ 288.73
$ 340.82
$ 393.17
$ 449.54
$ 509.82
$ 570.40
$ 12.86
$ 21.08
$ 27.96
$ 36.36
$ 46.13
$ 56.45
$ 66.63
$ 78.65
$ 90.73
$ 103.74
$ 117.65
$ 131.63
[30/2004].
MONTHLY BENEFIT
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
WEEKLY BENEFITEARNINGS CLASS
* Part IV and Part V came into operation on 1st March 2004.
* PART V
RATES OF CONSTANT ATTENDANCE AND CARE
ALLOWANCE FOR PERSONS QUALIFYING ON OR
AFTER 1ST MARCH 2004
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Employment Injury) (Payment of Medical Expenses) Order[Subsidiary]
166 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
RATES PAYABLE ON OR AFTER
7TH JANUARY 2008EXPENSES DETAILS
PART VI
RATES OF PAYMENT FOR MEDICAL EXPENSES ON
OR AFTER 7TH JANUARY 2008
$46.88 per visit (8.00 a.m. to 6.00 p.m.)
$93.13 per visit (8.00 a.m. to 6.00 p.m.)
N/A
$116.25 per visit (8.00 a.m. to 6.00 p.m.)
$155.00 per visit (8.00 a.m. to 6.00 p.m.)
$140.00 per hour
$116.25 per visit to maximum of 15 visits
$775.00 per injury
$232.50 per day inculding cost of
investigation, drugs and x-rays
Up to $620.00
Up to $1,240.00
Up to $2,480.00
Up to $2,000.00 for each body part
(a) Doctors’ Visits
(i) General Practitioner
Office Visit
Visit by doctor to site
Emergency Visit
(ii) Specialist Visit
Office Visit
Visit by doctor to site
(iii) Psychiatrist
Initial consultation
Follow-up
(b) Drugs and Dressing
(c) Hospital Expenses
(d) Operations
Minor
Intermediate
Major
(e)Magnetic Resonance Imaging
[25/ 2008].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Employment Injury) (Payment of Medical Expenses) Order [Subsidiary]
National Insurance Chap. 32:01 167
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Earnings Class
PART VII
RATES OF CONSTANT ATTENDANCE AND CARE
ALLOWANCE FOR PERSONS QUALIFYING ON
OR AFTER 7TH JANUARY 2008
Weekly Benefit
$
Monthly Benefit
$
68.60
112.97
149.67
196.34
249.86
305.15
359.02
422.80
488.89
559.30
634.62
751.10
833.00
923.35
1,026.44
1,081.51
15.83
26.07
34.54
45.31
57.66
70.42
82.85
97.57
112.82
129.07
146.45
173.33
192.23
213.08
236.87
249.58
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII
XIV
XV
XVI
[25/2008].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
a) Doctor Visits
(i) General Practitioner
Office Visit $58.60 per visit
Visit by doctor to site $116.41 per visit
Emergency Visit N/A
(ii) Specialist Visit
Office Visit $145.31 per visit
Visit by doctor to site $193.75 per visit
(iii) Psychiatrist
Initial Consultation $175.00 per hour
Follow up $145.31 per visit
(b) Drugs and Dressing up to $968.75 per injury
(c) Hospital Expenses $290.63 per day
(d) Operations
Minor up to $775.00
Intermediate up to $1,550.00
Major up to $3,100.00
Maximum total medical expenses per injury TT $28,125.00
National Insurance (Employment Injury) (Payment of Medical Expenses) Order[Subsidiary]
168 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
PART VIII
RATES OF PAYMENT FOR MEDICAL EXPENSES FOR
PERSONS WHO QUALIFY FROM 4TH MARCH 2013 TO
2ND MARCH 2014
RATES PAYABLE EFFECTIVE
4TH MARCH 2013EXPENSES DETAILS
[38/2013].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Employment Injury) (Payment of Medical Expenses) Order [Subsidiary]
National Insurance Chap. 32:01 169
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
PART IX
RATES OF CONSTANT CARE AND ATTENDANCE
ALLOWANCE FOR PERSONS QUALIFYING ON OR
AFTER 4TH MARCH 2013
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII
XIV
XV
XVI
19.79
32.17
42.76
56.50
71.50
87.30
103.13
121.81
140.88
161.04
182.60
216.34
239.80
265.86
290.50
300.80
85.76
139.40
185.29
244.83
309.83
378.30
446.90
527.84
610.48
697.84
791.27
937.47
1,039.13
1,152.06
1,258.83
1,303.47
Earnings Class Weekly Benefit
$
Monthly Benefit
$
[38/2013].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Employment Injury) (Payment of Medical Expenses) Order[Subsidiary]
170 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
(a) Doctor Visits
(i) General Practitioner
Office Visit $70.32 per visit
Visit by doctor to site $139.70 per visit
Emergency Visit N/A
(ii) Specialist Visit
Office Visit $174.38 per visit
Visit by doctor to site $232.50 per visit
(iii) Psychiatrist
Initial Consultation $210.00 per hour
Follow up $174.38 per visit
(b) Drugs and Dressing $1,162.50 per injury
(c) Hospital Expenses $348.75 per day
(d) Operations
Minor up to $930.00
Intermediate up to $1,860.00
Major up to $3,720.00
Maximum total medical expenses per injury TT $33,750.00
PART X
RATES OF PAYMENT FOR MEDICAL EXPENSES FOR
PERSONS WHO QUALIFY FROM 3RD MARCH 2014
RATES PAYABLE EFFECTIVE
3RD MARCH 2014EXPENSES DETAILS
[38/2013].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Employment Injury) (Payment of Medical Expenses) Order [Subsidiary]
National Insurance Chap. 32:01 171
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
PART XI
RATES OF CONSTANT ATTENDANCE AND CARE
ALLOWANCE FOR PERSONS QUALIFYING ON OR
AFTER 3RD MARCH 2014
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII
XIV
XV
XVI
23.75
38.83
51.54
67.69
85.91
105.34
123.99
146.06
168.93
193.00
219.37
260.00
288.02
319.29
348.63
361.01
102.92
168.26
223.34
293.32
372.28
456.47
537.29
632.93
732.03
836.33
950.60
1,126.67
1,248.09
1,383.59
1,510.73
1,564.38
Earnings Class Weekly Benefit
$
Monthly Benefit
$
[38/2013].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
172 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
NATIONAL INSURANCE (PRESCRIBED DISEASES)
REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation.
2. Interpretation.
3. Prescribed disease: person insured against.
4. Resulting conditions of prescribed disease.
5. Presumption as to cause of prescribed disease.
6. Presumption as to cause of pneumoconiosis.
7. Date of development.
8. Determination of date of development.
9. Recrudescence.
10. Diagnosis and recrudescence questions to be referred to medical
panel.
11. Determination of diagnosis or recrudescence questions by Board.
12. Procedure on receipt of report.
SCHEDULE.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
National Insurance Chap. 32:01 173
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
NATIONAL INSURANCE (PRESCRIBED DISEASES)
REGULATIONS
made under section 47(2)
1. These Regulations may be cited as the National
Insurance (Prescribed Diseases) Regulations.
2. In these Regulations—
“the Act” means the National Insurance Act;
“benefit” means benefit payable under section 46(3) of the Act;
“medical referees” means medical referees appointed by the
Board under the National Insurance (Medical
Expenses) Regulations.
3. For the purposes of the Act, a disease or injury set out in
the first column of the Schedule is a prescribed disease and a
person insured under section 37(1) of the Act who is or was
engaged in insurable employment of a type set out in the second
column of the Schedule against that prescribed disease, is insured
against that prescribed disease.
4. Where a person insured against a prescribed disease, is
suffering from a condition which has resulted from that prescribed
disease, the provisions of the Act and these Regulations shall
apply to him as if he were suffering from that prescribed disease.
5. Subject to regulation 6 where an insured person develops
a prescribed disease against which he is insured, it is presumed,
unless the contrary is proved, that the disease was caused by the
nature of his employment if he is engaged in insurable employment
of a type set out in the second column of the Schedule against that
disease or was so engaged at any time within one month
immediately preceding the date on which, in accordance with these
Regulations, he is treated as having developed the disease.
6. (1) Where an insured person, insured against
pneumoconiosis develops that disease, it is presumed, unless the
94/1977.
[39/2008].
Citation.
Interpretation.
Sub. Leg.
95/1977.
Prescribed
disease: person
insured against.
Schedule.
Resulting
conditions of
prescribed
disease.
Presumption as
to cause of
prescribed
disease.
Schedule.
Presumption as
to cause of
pneumoconiosis.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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174 Chap. 32:01 National Insurance
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Schedule.
Date of
development.
Determination
of date of
development.
contrary is proved, that the disease was caused by the nature of
his employment if he was engaged in insurable employment of a
type set out in the second column of the Schedule against that
disease for a period or periods amounting in the aggregate to not
less than two years.
(2) For the purposes of subregulation (1), employment
which would have been insurable employment had it taken place
on or after the appointed day shall be taken into account in
computing the period of not less than two years.
7. Where a person insured against a prescribed disease is
found to be or to have been suffering from or to have died as the
result of that disease, then for the purposes of a claim for benefit
in respect of that person, the disease shall be treated as having
developed on a date, (in these Regulations referred to as “the
date of development”) determined in accordance with
regulations 8 and 9.
8. (1) The date of development of a prescribed disease
determined in accordance with subregulation (2) and regulation 9
shall be treated as the date of development for the purpose of
the first and any subsequent claim made in respect of that
prescribed disease by or in respect of an insured person insured
against that disease.
(2) Where the claim for the purposes of which the date
of development is to be determined is—
(a) a claim for injury benefit, the date of
development shall be the first day on which the
claimant was incapable of working as a result of
the disease on or after the appointed day;
(b) a claim for disablement benefit, the date of
development shall be the day on which the
claimant first suffered loss of faculty as a result
of the disease on or after the appointed day;
(c) a claim for death benefit, the date of
development shall be the date of death.
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9. (1) Where a person after being awarded benefit in
respect of a prescribed disease recovers wholly or partially from
the attack of the disease where he is no longer rendered incapable
of work, and thereafter suffers from another attack of the same
disease or dies as a result of the disease then—
(a) if the further attack commences or the death
occurs during an injury benefit period or during
a period taken into account by an assessment of
disablement relating to such a previous award
(either of which periods is hereinafter referred to
as a “relevant period”), the disease shall be treated
as recrudescence of the attack to which the relevant
period relates, unless it is otherwise determined
in the manner referred to in paragraph (b);
(b) if the further attack commences or the death
occurs otherwise than during a relevant period,
or if it is determined in the manner provided in
regulations 10, 11 and 12 that the disease was in
fact contracted afresh, it shall be treated as
having been so contracted.
(2) For the purpose of subregulation (1), a further attack
of a prescribed disease shall be deemed to have commenced on
the date which would be treated as the date of development
under regulation 8 if no previous claim had been made in respect
of that disease.
(3) Where, under this regulation, a disease is treated as
having been contracted afresh, the provisions of regulation 8
shall apply as though no previous claim had been made in respect
of that disease and the date of development shall be determined
accordingly.
(4) Where, under this regulation, a disease is treated as
a recrudescence during a period taken into account by a previous
assessment of disablement, any assessment of disablement in
respect of the recrudescence shall be by way of review of such
previous assessment.
Recrudescence.
[39/2008].
UNOFFICIAL VERSION
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10. (1) In this regulation and in regulations 11 and 12 any
question arising in connection with a claim for award of injury
benefit or disablement benefit—
(a) whether a person is suffering or has suffered
from a prescribed disease, is referred to as a
diagnosis question;
(b) whether a prescribed disease has been contracted
afresh, in any case where that question arises, is
referred to as a recrudescence question.
(2) Subject to the provisions of regulation 11 where a
diagnosis or recrudescence question arises in any case the Board
shall forthwith refer that question for examination and report by
a panel of medical referees.
(3) Where in the consideration of a diagnosis or
recrudescence question the Board is of the opinion that there
arises a disablement question, it shall refer the diagnosis or
recrudescence question as well as the disablement question to a
panel of medical referees.
(4) Where in the consideration of a diagnosis question
the Board is of the opinion that there arises a recrudescence
question, it shall refer the diagnosis question as well as the
recrudescence question to a panel of medical referees.
11. (1) The Board may in its discretion determine a diagnosis
or recrudescence question without referring it as provided in
regulation 10(2) if it is satisfied that such reference can be
dispensed with having regard to—
(a) a medical report signed by a medical practitioner
from whom the claimant or beneficiary is
receiving or has received treatment for a
condition due to a prescribed disease; or
(b) the decision in any similar diagnosis or
recrudescence question which was determined
on the consideration of any previous claim or
question arising in respect of the same disease
Diagnosis and
recrudescence
questions to be
referred to
medical panel.
Determination
of diagnosis or
recrudescence
questions by
Board.
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suffered by the same person (including the date
and terms of any medical report on which such
previous decision was based and of any
medical certificate submitted by the claimant
or beneficiary).
Reference to a panel of medical referees for a report shall not be
dispensed with on the grounds specified in paragraph (a) except
where a diagnosis question is determined in favour of the
claimant or beneficiary or where a recrudescence question arises
in connection with a diagnosis question which has been so
determined under this regulation.
(2) Where the Board is of the opinion that a claim or
question submitted to it or any part thereof can be disposed of
without determining any diagnosis or recrudescence question, it
may make an award or determine that an award cannot be made
or may determine the question submitted to it accordingly
without referring such diagnosis or recrudescence question for a
report or before so referring it.
(3) Where during a period taken into account by an
assessment of disablement relating to an award of disablement
benefit in respect of a prescribed disease the beneficiary either—
(a) applies for a review of such assessment; or
(b) makes a further claim for disablement benefit in
respect of a fresh attack of the disease,
any recrudescence question arising on such application or further
claim shall be referred to a panel of medical referees together
with any disablement question which arises.
(4) The provisions of regulation 10(2) and this
regulation shall apply to an appeals tribunal as they apply to
the Board save that an appeals tribunal shall instead of itself
referring a diagnosis or recrudescence question to a panel of
medical referees in accordance with regulation 10, direct the
Board to refer the question.
UNOFFICIAL VERSION
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Procedure on
receipt of report. 12. (1) Upon the receipt of the report of a panel of medicalreferees on a diagnosis or recrudescence question, the Board shall
as soon as possible consider the report and determine the question.
(2) Where the question referred was a diagnosis
question, the Board may—
(a) determine the question in favour of the claimant
or beneficiary;
(b) determine the question adversely to the claimant
or beneficiary.
(3) Where the question referred was a recrudescence
question, the Board—
(a) if satisfied having regard to the report that the
disease ought to be treated as having been
contracted afresh, shall so treat it and shall
determine the question accordingly;
(b) if not so satisfied, shall treat the disease as a
recrudescence of the previous attack or as not
having developed on or after the declared day,
as the case may require, and shall determine the
question accordingly.
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SCHEDULE
(Description of Disease or Injury and Nature of Employment)
1. Poisoning by lead or a compound of lead
The use or handling of, or exposure to the fumes, dust or vapour of
lead or a compound of lead, or a substance containing lead.
2. Poisoning by manganese or a compound of manganese
The use or handling of, or exposure to the fumes, dust or vapour
of, manganese or a compound of manganese, or a substance
containing manganese.
3. Poisoning by phosphorus or phosphine or poisoning due to the
anti-cholinesterase action of organic phosphorus compound
The use or handling of, or exposure to the fumes, dust or vapour
of, phosphorus or a compound of phosphorus, or a substance
containing phosphorus.
4. Poisoning by arsenic or a compound of arsenic
The use or handling of, or exposure to the fumes, dust or vapour of,
arsenic or a compound of arsenic, or a substance containing arsenic.
5. Poisoning by mercury or a compound of mercury
The use or handling of, or exposure to the fumes, dust or vapour of,
mercury or a compound of mercury, or a substance containing mercury.
6. Poisoning by carbon bisulphide
The use or handling of, or exposure to fumes or vapour of, carbon
bisulphide or a compound of carbon bisulphide, or a substance
containing carbon bisulphide.
7. Poisoning by benzene or a homologue
The use or handling of, or exposure to the fumes of, or vapour
containing, benzene or any of its homologues.
8. Poisoning by a nitro- or amino- or chloro-derivative of benzene or of
a homologue of benzene of poisoning by nitrochlorobenzene
The use or handling of, or exposure to the fumes of, or vapour
containing, a nitro- or amino- or chloro-derivative of benzene or a
homologue of benzene or nitrochlorobenzene.
9. Poisoning by beryllium or a compound of beryllium
The use or handling of, or exposure to the fumes, dust or vapour of,
beryllium, or a substance containing beryllium.
10. Poisoning by diethylene dioxide (dioxan)
The use or handling of, or exposure to the fumes of, or vapour
containing, diethylene dioxide (dioxan).
UNOFFICIAL VERSION
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11. Poisoning by dinitrophenol or a homologue or by substituted
dinitrophenol or by the salts of such substances
The use or handling of, or exposure to the fumes of, or vapour
containing, dinitrophenol or a homologue or substituted
dinitrophenol or the salts of such substances.
12. Poisoning by tri-cresyl phosphate
The use or handling of, or exposure to the fumes of, or vapour
containing, tri-cresyl phosphate.
13. Poisoning by tri-phenyl phosphate
The use or handling of, or exposure to the fumes of, or vapour
containing, tri-phenyl phosphate.
14. Poisoning by methyl bromide
The use or handling of, or exposure to the fumes of, or vapour
containing methyl bromide.
15. Poisoning by chlorinated naphthalene
The use or handling of, or exposure to the fumes of, or dust or vapour
containing chlorinated naphthalene.
16. Poisoning by nitrous fumes
The use or handling of nitric acid or exposure to nitrous fumes.
17. Poisoning by gonioma kamassi (African hox wood)
The manipulation of gonioma kamassi or any process in or incidental
to the manufacture of articles therefrom.
18. Poisoning by tetrachlorethane
The use or handling of, or exposure to the fumes of, or vapour
containing tetrachlorethane.
19. Poisoning by cadmium
Exposure to cadmium fumes.
20. Poisoning by acrylamide monomer
The use or handling of, or exposure to acrylamide monomer.
21. Poisoning by chromates or chromic acid
Chromium plating, tanning of leather involving the use of chromates
or chromic acid.
22. Anthrax
The handling of wool, hair, bristles, hides or skins or other animal
products or residues, or contact with animals infected with anthrax.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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23. Primary neoplasm of the epithelial lining of the urinary bladder
(papilloma of the bladder), or of the epithelial lining of the renal
pelvis or of the epithelial lining of the ureter
(a) Work in a building in which any of the following substances is
produced for commercial purposes:
(i) alpha-naphthylamine or beta-naphthylamine;
(ii) diphenyl substituted by at least one nitro or primary amino
group or by at least one nitro and primary amino group;
(iii) any of the substances mentioned in subparagraph (ii)
above if further ring substituted by halogeno, methyl or
methoxy groups, but not by any other groups;
(iv) the salts of any of the substances mentioned in
subparagraphs (i) to (ii) above;
(v) auramine or magenta;
(b) the use or handling of any of the substances mentioned in
subparagraphs (i) to (iv) of paragraph (a), for work in a process
in which any such substances is used or handled or is liberated;
(c) the maintenance or cleaning of any plant or machinery used in
any such process as is mentioned in paragraph (b), or the
cleaning of clothing used in any such building as is mentioned
in paragraph (a) if such clothing is cleaned within the works of
which the building forms a part or in a laundry maintained and
used solely in connection with such works.
24. Tuberculosis
Close and frequent contact with a source of tuberculosis infection by
reason of employment:
(a) in the medical treatment or nursing of a person or persons
suffering from tuberculosis, or in a service ancillary to such
treatment or nursing;
(b) in attendance upon a person or persons suffering from
tuberculosis, where the need for such attendance arises by
reason of physical or mental infirmity;
(c) as a research worker engaged in research in connection
with tuberculosis;
(d) as a laboratory worker, pathologist or person taking part or
assisting at post-mortem examinations of human remains where
the occupation involves working with material which is a source
of tuberculosis infection.
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25. Glanders
Contact with equine animals or their carcasses.
26. (a) Infection by Leptospire icterohaemorrhagiae
Work in places which are, or are liable to be infected by rats.
(b) Infection by Leptospire caniola
Work at dog kennels or the care or handling of dogs.
27. Ankylostomiasis
Work in or about a mine.
28. Inflammation, ulceration or malignant disease of the skin or
subcutaneous tissues or of the bones, or blood dyscrasia, or cataract,
due to electromagnetic radiations (other than radiant heat), or to
ionising particles
Exposure to electromagnetic radiations other than radiant heat, or to
ionising particles.
29. Heat cataract
Frequent or prolonged exposure to rays from molten or red-hot material.
30. Decompression sickness
Subjection to compressed or rarefied air.
31. Cramp of the hand or forearm due to repetitive movements
Prolonged periods of handwriting, typing or other repetitive
movements of the fingers, hand or arm.
32. Subcutaneous cellulitis of the hand (Beat hand)
Manual labour causing severe or prolonged friction of pressure on
the hand.
33. Bursitis or subcutaneous cellulitis arising at or about the knee due to
severe or prolonged external friction or pressure at or about the knee
(Beat knee)
Manual labour causing severe or prolonged external friction or
pressure at or about the knee.
34. Bursitis or subcutaneous cellulitis arising at or about the elbow due
to severe prolonged external friction or pressure at or about the
elbow (Beat elbow)
Manual labour causing severe or prolonged external friction or
pressure at or about the elbow.
35. Traumatic inflammation of the tendons of the hand or forearm or of
the associated tendon sheaths
Manual labour, or frequent or repeated movements of the hand or wrist.
36. Miner’s nystagmus
Work in or about the mine.
37. Inflammation or ulceration of the mucous membrane of the upper
respiratory passages or mouth produced by dust, liquid or vapour
Exposure to dust, liquid, or vapour.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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38. Non-infective dermatitis of external origin (including chrome
ulceration of the skin but excluding dermatitis due to ionising
particles or electro-magnetic radiations other than radiant heat)
Exposure to dust, liquid, or vapour or any other external agent capable
of irritating the skin (including friction or heat by excluding ionising
particles or electromagnetic radiations other than radiant heat).
39. Pulmonary disease due to the inhalation of the dust of mouldy hay or
other mouldy vegetable produce and characterised by symptoms and
signs attributable to a reaction in the peripheral part of the broncho-
pulmonary system, and giving rise to a defect in gas exchange
(Farmer’s lung)
Exposure to the dust of mouldy hay or other mouldy vegetable produce
by reason of employment—
(a) in agriculture, horticulture or forestry; or
(b) loading or unloading or handling in storage such hay or other
vegetable produce; or
(c) handling bagasse.
40. Primary malignant neoplasm of the mesothelium (diffuse mesothelioma
of the pleura) or of the peritoneum
(a) The working or handling of asbestos or any admixture of asbestos;
(b) the manufacture or repair of asbestos textiles or other articles
containing or composed of asbestos;
(c) the cleaning of any machinery or plant used in any of the
foregoing operations and of any chambers, fixtures and
appliances for the collection of asbestos dust;
(d) substantial exposure to the dust arising from any of the
foregoing operations.
41. Adeno-carcinoma of the nasal cavity or associated air sinuses
Attendance for work in or about a building where wooden furniture
is manufactured.
42. Infection by brucella abortus
Contact with bovine animals infected by brucella abortus their
carcasses or parts thereof or their untreated products, or with
laboratory specimens or vaccines of or containing brucella abortus,
by reason of employment—
(a) as a farm worker;
(b) as a veterinary worker;
(c) as a slaughterhouse worker;
(d) as a laboratory worker; or
(e) in any other work relating to the care, treatment, examination or
handling of such animals, carcasses or parts thereof or products.
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43. Pathological manifestations due to—
(a) Radium or other radio-active substances
Any process involving exposure to the action of radium, radio-
active substances or X-rays.
(b) X-rays
Any process involving exposure to the action of radium, radio-
active substances or X-rays.
(c) Ulceration of the corneal surface of the eye
Any process involving the use or handling of, or exposure to,
tar, pitch, bitumen, mineral oil (including kerosene), soot or any
compound, product or residue of any of these substances.
(d) Localised new growth of the skin, papillomatous or Keratotic
Any process involving the use or handling of, or exposure to,
tar, pitch, bitumen, mineral oil (including kerosene), soot or any
compound, product or residue of any of these substances.
44. Berylliesis
Any occupation involving the making of fluorescent lamps.
45. Asbestosis
Any occupation involving the processing, use or handling of, or
exposure to asbestos or to a compound of asbestos or any substance
containing asbestos.
46. Bauxite Pulmonary Fibrosis (Shaver’s disease)
The making of synthetic abrasives and any occupation involving the
liberation of fumes caused by the fusion of the ore known as bauxite
with silica or any of its compounds.
47. Mica Pneumoconiosis
Any occupation involving the processing, use or handling of silica
aluminium compounds.
48. Talc Pneumoconiosis
Any occupation or process involving the use of finely powdered
hydrous silicate.
49. Silicosis
All occupations involving exposure to risk concerned.
50. Toxic anaemia
All occupations involving exposure to risk concerned.
51. Toxic jaundice due to poisonous substances
All occupations involving exposure to risk concerned.
52. Lead Tetra-ethyl poisoning
All occupations involving exposure to risk concerned.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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53. Chrome or its toxic compound
All occupations involving exposure to risk concerned.
54. Disease caused by ionising radiations
All occupations involving exposure to risk concerned.
55. Primary epitheliomatous cancer of the skin caused by tar, pitch,
bitumen, mineral oil, or the compounds, products or the residues of
those substances
All occupations involving exposure to risk concerned.
56. Baggassosis
Any occupation involving the processing, use or handling of or
exposure to bagasse or a compound of bagasse or a substance
containing bagasse.
57. Pneumoconiosis
Any occupation involving—
(a) the mining, quarrying or working of silica rock or the working of
dried quartzose sand or any dry deposit or dry residue of silica or
any dry admixture containing such materials (including any
occupation in which any of the aforesaid operations are carried
out incidentally to the mining or quarrying of other minerals or
to the manufacture of articles containing crushed or ground
silica rock);
(b) the handling of any of the materials specified in the foregoing
subparagraph in or incidental to any of the operations
mentioned therein, or substantial exposure to the dust arising
from such operations.
58. Byssinosis
Processes in which large quantities of cotton dust are present.
59. Disease caused by the toxic halogen derivatives of hydrocarbon of
the Alipathic series
Petroleum production from crude oil. Work which involves exposure
to any of the derivatives of hydrocarbon used in the production of
paints, protective coatings, plastics, synthetic rubber, resins,
pesticides, synthetic detergent and petrochemicals.
60. Dystrophy of the cornea (including ulceration of the corneal surface)
of the eye
Workers employed in foundry work, in the field of engineering,
building construction, and in the chemical industry.
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61. Localised new growth of the skin, papillomatous or kerototic
Work which involves exposure to skin injury due to actinic radiation,
ionising radiation, contact with coal tar, shale oil, impure paraffin.
62. Squamous-celled carcinoma of the skin
Work which involves exposure of the skin to organic chemicals
(particularly in the petroluem and other related industries, for
example, tar, pitch, asphalt) and radiation.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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[Subsidiary]
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NATIONAL INSURANCE (BENEFITS) REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation.
2. Definitions.
PART I
CLAIMS
3. Submission of claim.
4. Claims to be made on claim forms.
5. Claim for survivor’s benefit or death benefit where no valid
marriage existed.
6. (Revoked by LN 66/2004).
7. Time limit for submission of claims.
8. Defective claim.
9. Claim may be entertained for other benefit.
PART II
PAYMENT OF BENEFIT
10. Circumstances for paying benefit.
11. Benefits payable in respect of a holder of a certificate of
voluntary insurance.
12. Method of paying.
13. Periodical payments payable monthly.
13A. Proof of life.
14. Period for which benefit is paid.
15. Restriction on receipt of more than one benefit.
SOME SPECIFIC BENEFITS
16. Retirement pension.
17. Retirement grant.
18. Sickness benefit.
19. Rate of sickness benefit.
20. Two or more periods of sickness benefit to be treated as one.
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ARRANGEMENT OF REGULATIONS—Continued
REGULATION
21. Sickness benefit disqualification.
22. Maternity benefit.
22A. Maternity grant.
23. Maternity benefit disqualification.
24. Invalidity benefit.
24A. Supplemental invalidity.
25. Board may require medical examination.
25A. Suspension of payment of benefit.
26. Invalidity benefit disqualification.
27. Amount of sickness benefit payable.
27A. Amount of maternity benefit payable.
28. Employment injury benefit disqualification.
29. Disablement pension.
30. Disablement grant.
31. Assessment of disablement.
32. Disablement assessed at one hundred per cent in certain
circumstances.
33. Injury benefit to be paid to estate of deceased insured person.
34. Employer to furnish Board with information relating to accidents.
35. Offence and penalty.
36. Determination of earnings class for payment of benefit.
37. Determination of loss of earnings where earnings are not fixed.
38. Employer to certify insured person’s absence, etc.
39. (Revoked by LN 37/2008).
40. Board may accept other evidence.
41. Commencement of payment of benefits.
42. Quantum of remarriage grant.
43. Orphan’s allowance.
44. Child’s or orphan’s allowance to be paid to person responsible for
upkeep and maintenance.
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45. Child includes adopted child, stepchild and child en ventre sa mere.
46. Nomination by insured.
47. Commencement date of survivor benefit.
47A. Increase of survivor’s benefit.
48. Payment on death.
49. Funeral grant.
49A. Class Z contributions.
50. Maximum rate of parent benefit.
51. Rate of grant.
52. Transition.
53. Spouse eligible for special maternity grant.
SCHEDULE—(Revoked by LN 37/2008).
REGULATION
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
190 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
*These Regulations were amended by—45/1973; 9/1974; 102/1976; 96/1977; 142/1980; 73/1999;
183/2003; 66/2004; 37/2008 and 296/2012.
*77/1972.
Citation.
Definitions.
[66/2004
37/2008].
Ch. 29:50.
Submission of
claim.
NATIONAL INSURANCE (BENEFITS) REGULATIONS
made under section 55
1. These Regulations may be cited as the National
Insurance (Benefits) Regulations.
2. In these Regulations—
“Act” means the National Insurance Act;
“date of delivery” means the date on which a child is born;
“immediate family” means the mother, father, child, brother or
sister of an insured person;
“medical practitioner” means a person registered under the
Medical Board Act;
“para-medical practitioner” means a person who is not a medical
practitioner but supplements and supports medical work and
includes a chiropractor, physiotherapist, dental technician or
psychologist;
“provisional assessment” means an interim assessment of
disability made in circumstances where in the opinion of a
medical practitioner, a person is conditionally fit to resume
work and a final assessment of permanent partial
disablement cannot be given at the end of an injury benefit
period;
“subsequent medical certificate” means a medical certificate
submitted in support of continued claim to sickness or injury
benefits where the insured person did not return to work as
a result of the incapacity suffered or the injury sustained;
“year” means the fifty-two-week period immediately prior to the
commencement of the incapacity.
PART I
CLAIMS
3. A person claiming benefit under the Act shall submit a
claim to the Board in accordance with these Regulations.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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Claims to be
made on
claim forms.
[96/1977
73/1999
66/2004
37/2008].
4. (1) Claims shall be made to the Board on claim forms
obtainable at any service centre.
(2) Each claim shall be supported by documentary
evidence as to the nature of the contingency for which benefit is
being claimed and, where the claimant is not himself the insured
person in respect of whom the claim is being made, the relationship
between the claimant and the insured person, as follows:
(a) a claim for sickness benefit, maternity benefit,
invalidity benefit or employment injury
benefit shall be supported by relevant medical
certificates from a medical practitioner or in the
case of maternity benefit, certificates from a
registered midwife;
(aa) a claim for medical expenses may also be
supported by relevant certificates from a para-
medical practitioner to whom the insured was
referred by a medical practitioner and written
proof of the referral;
(b) a claim for funeral grant shall be supported by
the death certificate of the insured person and a
receipt or bill from the funeral undertaker
showing that the funeral expenses were paid by
or are being demanded from the claimant;
(c) a claim for retirement pension or retirement
grant shall be supported by the birth certificate
of the claimant;
(d) a claim for survivor’s benefit or death benefit
shall be supported by the death certificate of the
insured person and—
(i) subject to regulation (5) by the marriage
certificate of the insured person and the
claimant in any case where the claim is
made by the widow or widower, together
with the birth certificate of the claimant
where such claimant is the widow;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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(ii) by the marriage certificate of the insured
person and the other insured parent of any
child of the insured person as well as the
birth certificate of such child where the
claim is made in respect of a child of the
insured person and where such child has
been rendered an orphan by reason of the
death of the insured person, the death
certificate of the other insured parent of
such child;
(iii) by the birth certificate of the insured
person where the claim is made by the
parent of the insured person, and by such
other proof as the Board may require to
establish the dependency of the claimant
on the insured person.
(e) a claim for the special maternity grant shall be
supported by the birth certificate of the child or
such other proof as the Board may require to
establish the paternity regarding the pregnancy
or confinement.
(3) There may be submitted with every claim the
National Insurance Registration Card of the insured person in
respect of whom benefit is being claimed.
(4) In this regulation “National Insurance Registration
Card” means the card referred to in section 30A of the Act.
(5) The Board may request such evidence as it considers
necessary to support any claim to benefit.
(6) The Board may request that an insured person in
receipt of or entitled to benefit submit himself for a medical
examination in Trinidad and Tobago.
5. (1) In determining a claim for survivor’s benefit or
death benefit in which the claimant is relying on being treated by
the Executive Director as the spouse of the insured person under
section 2(2) of the Act, in the absence of the subsistence of a
Claim for
survivor’s
benefit or death
benefit where no
valid marriage
existed.
[66/2004].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Benefits) Regulations [Subsidiary]
National Insurance Chap. 32:01 193
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Time limit for
submission
of claims.
[73/1999
66/2004
37/2008].
lawful marriage, or where there was any impediment to lawful
marriage, the requirement of supporting the claim by a marriage
certificate shall not apply.
(2) In any claim for child’s allowance or orphan’s
allowance where the insured person’s name does not appear on
the birth certificate of the person for whom benefit is being
claimed, the Board may require such other evidence as it
considers necessary to establish paternity of such person and his
dependence on the insured person.
(3) No benefit shall be paid in respect of a claim to
which subregulation (1) refers unless such claim is advertised
once a week for a period of three weeks in at least one daily
newspaper in circulation in Trinidad and Tobago and no objection
has been raised to such claim by any person who—
(a) is the lawful spouse of either the insured person
or the claimant;
(b) is the immediate family of the deceased insured; or
(c) may be eligible for the benefit under the Act.
(4) An advertisement under this regulation shall contain
the names, respective ages and last known address of the insured
person and the claimant and the name and address of the last
employer of the insured person.
6. (Revoked by LN 66/2004).
7. (1) The time limit for the submission of claims are
as follows:
(a) in the case of sickness benefit not later than
three months from the date of commencement
of loss of earnings as a result of the incapacity;
(b) in the case of maternity allowance, maternity
grant and special maternity grant not later than
three months from the date of delivery;
(c) in the case of funeral grant, not later than
three months from the date of death of the
deceased insured;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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(d) in the case of invalidity benefit not later than
three months from the first day the insured
person is certified an invalid;
(e) in the case of injury benefit not later than
fourteen days from the date the insured person
is rendered incapable of work as a result of the
accident or development of the prescribed
disease;
(f) in the case of disablement benefit not later than
three months from the end of the insured’s
maximum injury benefit period;
(g) in the case of medical expenses not later than
three months from the date on which the
expenses were incurred;
(h) in the case of retirement pension, retirement
grant, survivor’s benefit and death benefit not
later than twelve months from the date of
retirement, or the death of the deceased insured;
(i) in the case of a subsequent medical certificate
for sickness benefit not later than three months
from the last date of incapacity on the preceding
medical certificate; and
(j) in the case of a subsequent medical certificate
for injury benefit not later than fourteen days
from the last date of incapacity on the preceding
medical certificate.
(2) A person who fails to submit a claim for benefit
within the prescribed time shall be disqualified from receiving—
(a) in the case of sickness, injury or maternity benefit
in respect of any period more than three months
before the date on which the claim or
subsequent medical certificate is received by
the Board;
(b) in the case of disablement pension, medical
expenses or invalidity benefit in respect of any
period more than three months before the date
on which the claim is received by the Board;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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L.R.O.
(c) in the case of funeral grant, disablement grant,
special maternity grant or maternity grant,
the grant.
(3) Notwithstanding subregulation (2) in any case where
the claimant proves that—
(a) on the date the contingency arose he was
entitled to the benefit; and
(b) throughout the period between the date the
contingency arose and the date on which the
claim was received by the Board good cause is
shown as to the reason for the delay in submitting
the claim,
he shall not be disqualified under this subregulation from a
benefit to which he would have been entitled had he made the
claim within the prescribed time.
(4) Notwithstanding subregulation (3), if a person fails
to make a claim for sickness benefit, invalidity benefit, maternity
benefit, special maternity grant, injury benefit, disablement grant,
medical expenses, or funeral grant within twelve months from the
date on which the contingency arose, such person shall be
disqualified from receiving such benefits.
(4A) Notwithstanding subregulation (3), if a person fails
to submit a subsequent medical certificate within twelve months
from the last date of incapacity on the preceding medical
certificate such person shall be disqualified from receiving
such benefits.
(5) Notwithstanding subregulation (3) a claim for
survivor’s benefit or death benefit submitted outside the time
limit set out in regulation 7(1) may be entertained and if
entertained, shall be paid from the date on which the claim is
received by the Board.
(6) Notwithstanding subregulation (3), a claim for
survivor’s benefit or death benefit made by a widow or widower
of the deceased insured though outside the time limits may be
entertained and paid from the date on which the claim is received
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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LAWS OF TRINIDAD AND TOBAGO
by the Board if any person treated as the spouse of the deceased
insured under section 2(2) is already in receipt of survivor’s
or death benefit, whereupon all payments to the said spouse
shall cease.
(7) The Board shall not entertain any claim for sickness
benefit or injury benefit submitted before the fourth day of the
insured person’s incapacity caused by sickness or employment
injury but so long as incapacity continues for more than three
days sickness benefit or injury benefit as the case may be, shall
be calculated and paid as from the first day.
8. Where a claim submitted to the Board is not signed by
the claimant or is not supported by the necessary documentary
evidence or is for any other reason defective, such claim shall be
returned to the claimant for rectification and where within one
month of being so returned, it is re-submitted to the Board duly
rectified it shall be treated as if it were correctly made on the day
it was first submitted.
9. A claim for a benefit to which the claimant is not entitled
may nonetheless be entertained for some other benefit in respect
of the contingency referred to in such claim to which the claimant
is entitled.
PART II
PAYMENT OF BENEFIT
10. (1) Benefits other than employment injury benefit,
maternity allowance, invalidity benefit and maternity grant shall
be paid only upon the death of an insured person or where an
insured person suffers loss of earnings consequent upon any
contingency for which such benefit is payable under the Act.
(2) Employment injury benefit shall be paid to or in
respect of an insured person who suffers injury by accident
arising out of and in the course of employment or develops a
prescribed disease against which he is insured whether or not
there is consequential loss of earnings.
Defective claim.
Claim may be
entertained for
other benefit.
Circumstances
for paying
benefit.
[102/1976
96/1977
73/1999
66/2004
37/2008].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Benefits) Regulations [Subsidiary]
National Insurance Chap. 32:01 197
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L.R.O.
11. Where a person is the holder of a certificate of voluntary
insurance only the benefits listed hereunder shall be payable in
respect of him—
(a) retirement pension;
(b) retirement grant;
(c) survivor’s benefit; and
(d) funeral grant.
12. The following benefits shall be payable by way of lump
sum payments:
(a) funeral grant;
(b) retirement grant;
(c) disablement grant;
(d) remarriage grant;
(e) maternity grant; and
(f) maternity benefit.
All other benefits shall be paid by periodical payments.
13. Benefits payable by periodical payments shall be
paid monthly on such day as the Board may from time to
time determine.
13A. (1) The Board may request proof of life or medical status
of a beneficiary or recipient of benefit under these Regulations.
(2) The Board may suspend benefit payment where—
(a) the beneficiary or recipient of benefit fails to
provide proof of life or medical status requested
under subregulation (1); or
(b) it determines that the beneficiary or recipient of
benefit is no longer eligible for the benefit based
on the proof of life or medical status submitted
by him.
(3) The Board may—
(a) reinstate the benefit payment where the
beneficiary or recipient of benefit satisfies the
requirements of these Regulations; or
Benefits payable
in respect of a
holder of a
certificate of
voluntary
insurance.
Method of
paying.
[66/2004].
Periodical
payments
payable
monthly.
[73/1999].
Proof of life.
[37/2008].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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LAWS OF TRINIDAD AND TOBAGO
(b) cease the benefit payment where the beneficiary
or recipient of benefit fails to satisfy the
requirements of these Regulations.
14. The maximum periods for which benefits payable by
periodical payments shall be paid are as follows:
(a) sickness benefit for a period of fifty-two weeks;
(b) (Repealed by LN 66/2004);
(c) invalidity benefit payable until the cesser of the
insured person’s incapacity or he attains the age
of sixty, whichever is the earlier;
(ca) where the invalidity of the insured does not
cease at the age of sixty years, the insured shall,
from the age of sixty years, be paid a retirement
pension, whether or not he has made seven
hundred and fifty contributions and —
(i) where less than seven hundred and fifty
contributions have been made in respect of
the insured, the retirement pension payable
shall be in the same earnings class as that
in which invalidity benefit was paid; or
(ii) where more than seven hundred and fifty
contributions have been made in respect
of the insured, the retirement pension
payable shall be calculated and paid in
accordance with the Act; and
(cb) an insured person who qualified for invalidity
pension prior to 3rd May 1999 and whose
incapacity does not cease at the age of sixty
years, shall from the age of sixty years, be paid
retirement pension in the same earnings class as
that in which invalidity pension was paid;
(d) retirement pension payable for the life of the
recipient;
Period for
which benefit is
paid.
[9/1974
96/1977
142/1980
73/1999
66/2004
37/2008].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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L.R.O.
(e) survivor’s benefit, that is to say—
(i) widow’s pension payable to a widow for life
or until she remarries, whichever is sooner;
(ii) widower’s pension payable to a widower
for life or until he remarries, whichever
is sooner;
(iii) child’s allowance or orphan’s allowance,
payable—
(A) until the child or orphan attains the
age of nineteen years; or
(B) where the child or orphan is unable to
work by reason of mental or physical
disability, for the period during which
the disability continues provided that
the disability occurs before he attains
the age of nineteen years; or
(iv) parent’s pension payable to the parent for
life or until the parent remarries; and
(f) employment injury benefit, that is to say—
(i) injury benefit payable for a maximum
period of fifty-two calendar weeks
commencing from the date the insured
was first rendered incapable of work as a
result of an accident or prescribed disease
at the end of which period the Board may
arrange for a medical re-examination of
the recipient of such benefit and an
assessment of his disability in order to
determine his eligibility for disablement
pension or disablement grant;
(ii) disablement pension payable until the
cesser of the insured person’s disablement;
(iii) death benefit, that is to say—
(A) widow’s benefit payable to a widow
for life or until she remarries,
whichever is sooner;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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(B) widower’s benefit payable to a
widower for life or until he
remarries, whichever is sooner;
(C) child’s allowance payable for the same
period, subject to the same conditions
and in the same manner as the benefit
referred to in paragraph (e)(iii); and
(D) parent’s benefit payable to the parent
for life or until the parent remarries,
whichever is sooner.
15. (1) Subject to this regulation, no person may receive
more than one benefit during the same period.
(2) The receipt of benefit in respect of a deceased
insured in no way affects the eligibility of the recipient to benefit
in his own right as an insured person.
(3) A person in receipt of injury benefit may receive—
(a) retirement pension;
(b) disablement pension.
(4) A person in receipt of disablement pension or
disablement grant may receive—
(a) retirement pension;
(b) retirement grant;
(c) sickness benefit;
(d) maternity benefit;
(e) invalidity benefit;
(f) injury benefit.
(5) The payment of the special maternity grant shall in
no way affect the eligibility of the insured man to benefit in his
own right as an insured person.
(6) Neither the recipient of a special maternity grant nor
the insured man on whose contributions the grant was paid shall
be eligible to receive or qualify for another special maternity
grant for any date of delivery during the period of twenty-four
months following the date of delivery of the last grant paid.
Restriction on
receipt of more
than one benefit.
[96/1977
37/2008].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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L.R.O.
SOME SPECIFIC BENEFITS
16. (1) An insured person who on attaining retirement age
has made a minimum of 750 contributions (including credits)
shall be paid a retirement pension.
(2) The rate of pension payable to an insured person who
qualified for pension on or after 3rd May 1999 and has made more
than 750 contributions shall be increased over the basic pension rate
for every 25 of such additional contributions (not including age
credits) which the insured has over the initial 750 contributions,
as follows:
Increment on
Basic Weekly
Rate
Earnings Class in
which Basic Pension
is Paid
I $ 0.43
II $ 0.60
III $ 0.76
IV $ 0.91
V $ 1.07
VI $ 1.30
VII $ 1.53
VIII $ 1.77
IX $ 2.01
X $ 2.28
XI $ 2.54
XII $ 2.67
Retirement
pension.
[73/1999
66/2004
37/2008].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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(3) The rate of pension payable to an insured person
who is in receipt of retirement pension prior to 3rd May 1999
which is increased with effect from 3rd May 1999 shall be further
increased for every twenty-five additional contributions (not
including age credits) which the insured had over the initial seven
hundred and fifty contributions as follows:
(4) The rate of pension payable to an insured person who—
(a) is in receipt of retirement pension prior to
1st March 2004; and
(b) qualified for a retirement pension on or after
1st March 2004,
and has made more than seven hundred and fifty contributions
shall be increased over the basic pension rate for every twenty-
five of such additional contributions, not including age credits,
which the insured has over the initial seven hundred and fifty
contributions in accordance with Part II of Table B3 of the Third
Schedule to the Act.
I $ 0.43
II $ 0.43
III $ 0.43
IV $ 0.43
V $ 0.60
VI $ 0.76
VII $ 0.91
VIII $ 1.07
Increment on
Increased
Weekly Rates
Earnings Class on which
Pension is Based on
3rd May 1999
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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(4A) The rate of pension payable to an insured
person who—
(a) is in receipt of retirement pension prior to
7th January 2008; and
(b) qualified for a retirement pension on or after
7th January 2008,
and has made more than seven hundred and fifty contributions
shall be increased over the basic pension rate for every twenty-
five additional contributions not including age credits, which the
insured has over the initial seven hundred and fifty contributions
in accordance with Part II of Table B4 of the Third Schedule to
the Act.
(5) For the period 1st March 2004 to 6th January 2008 a
recipient of retirement pension who resumes insurable
employment before he attains the age of sixty-five years, shall
continue to receive such retirement pension and not be required
to pay contributions.
(6) The employer of a recipient of retirement pension
referred to in subregulation (5), shall be required to pay
contributions on behalf of the recipient in class Z so as to cover
him for payment of injury benefit for the duration of his
employment.
(7) With effect from 7th January 2008, any person who
has received a retirement grant or is in receipt of a retirement
pension and returns to work shall not be required to pay
contributions and the retired pensioner shall continue to receive
the retirement pension.
(8) The employer of a recipient of retirement benefit
referred to in subregulation (7), shall be required to pay
earnings related to Class Z contributions so as to cover him for
payment of injury benefit for the duration of his employment
from 7th January 2008.
Table B4.
Third Schedule.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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17. (1) An insured person who on attaining retirement age
has not made seven hundred and fifty contributions shall be
eligible for retirement grant.
(2) Subject to a minimum payment of two thousand
dollars, retirement grant shall be payable to an insured person
who becomes eligible for such benefit within the three-year
period commencing on 10th April 1972, in an amount equal to
five times the total contribution paid in respect of such person
and to an insured person who becomes eligible after such three-
year period in an amount equal to three times the total
contribution so paid.
18. (1) Subject to subregulation (3) an insured person
rendered temporarily incapable of work by reason of sickness
caused otherwise than by employment injury shall be eligible for
sickness benefit.
(2) An insured person who is required to abstain from
work because he is under observation as a suspected carrier of a
contagious disease or because he has had contact with a case of
infectious disease, shall for the purposes of this regulation be
treated as a person rendered temporarily incapable of work by
reason of illness.
(3) Sickness benefit shall be paid only if the insured
person was—
(a) in insurable employment at the time when the
incapacity commenced and was in such
employment for not less than ten contribution
weeks during the period of thirteen contribution
weeks immediately preceding the contribution
week in which the period of incapacity began; or
(b) in receipt of maternity benefit at the time when
the incapacity commenced or immediately
before the incapacity commenced.
Retirement
grant.
[142/1980
37/2008].
Sickness
benefit.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Benefits) Regulations [Subsidiary]
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L.R.O.
19. (1) The daily rate of sickness benefit shall be one-
seventh of the amount payable in accordance with regulation 27.
(2) Where two or more periods of incapacity during
which sickness benefit is payable are treated as one continuous
period the daily rate payable in respect of the first period shall be
the daily rate payable in respect of any later period.
20. Where sickness benefit is paid during two periods
separated by an interval during which maternity benefit is paid or
where sickness benefit is paid during two or more periods
separated by intervals not exceeding ten weeks, then those periods
shall for the purpose of this regulation be treated as a single period.
21. (1) The Board may disqualify any person from receiving
sickness benefit, where such person—
(a) causes his incapacity by reason of his own
misconduct;
(b) refuses or fails without reasonable cause to
comply with any requirement of the Board; or
(c) engages in any work, during the period of his
incapacity for which remuneration is or would
ordinarily be payable.
(2) A person in receipt of or entitled to sickness benefit
may be required by the Board to be medically examined at
any time.
22. (1) Subject to subregulation (2) an insured person who
is pregnant shall be eligible for maternity benefit.
(2) Maternity benefit shall be paid if the insured person,
during the period of thirteen contribution weeks immediately
preceding the contribution week calculated as the sixth week
before the expected week of her delivery—
(a) was in insurable employment for a period of not
less than ten contribution weeks; or
Rate of
sickness benefit.
Two or more
periods of
sickness benefit
to be treated
as one.
Sickness benefit
disqualification.
[66/2004
37/2008].
Maternity
benefit.
[73/1999
66/2004].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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(b) was in receipt of sickness benefit for any period
and either resumed insurable employment
thereafter or continued receiving sickness
benefit during the last contribution week in the
period of thirteen contribution weeks.
(3) For the purposes of this regulation where a
confinement does not result in the birth of a living child,
maternity benefit shall be paid if and only if the pregnancy lasted
not less than twenty-six weeks.
22A. Subject to the provisions of these Regulations a
maternity grant shall be payable where confinement results in the
birth of a living child or where confinement does not so result,
the pregnancy lasted not less than twenty-six weeks, provided
always that the insured satisfied the requirements set out in
regulation 22(2)(a) or (b).
23. An insured person shall be disqualified from receiving
maternity benefit, if during the period when such benefit is
payable she engages in any work for which remuneration is or
would ordinarily be payable.
24. Subject to the provisions of these Regulations, invalidity
benefit shall be paid to an insured person who—
(a) is an invalid;
(b) is under sixty years of age;
(c) has made a minimum of one hundred and fifty
contributions, fifty of which must have been
made during the three years immediately
preceding the commencement of the incapacity;
(d) has made two hundred and fifty contributions in
the seven years immediately preceding
incapacity; or
(e) has made seven hundred and fifty contributions
or more.
Maternity grant.
[73/1999
66/2004].
Maternity
benefit
disqualification.
Invalidity
benefit.
[73/1999].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Benefits) Regulations [Subsidiary]
National Insurance Chap. 32:01 207
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Supplemental
invalidity.
[73/1999
66/2004
37/2008].
Table B3.
Third Schedule.
Earnings Class on
which Basic Pension
is Paid
Increment on
Increased
Weekly Rates
I $ 0.43
II $ 0.60
III $ 0.76
IV $ 0.91
V $ 1.07
VI $ 1.30
VII $ 1.53
VIII $ 1.77
IX $ 2.01
X $ 2.28
XI $ 2.54
XII $ 2.67
(2) With effect from 1st March 2004, the rate of pension
payable to an insured person who—
(a) is in receipt of invalidity pension on or after
3rd May 1999; or
(b) qualifies for invalidity pension on or after
1st March 2004 and has made more than seven
hundred and fifty contributions shall be increased
over the basic pension rate for every twenty-five
of such additional contributions, exclusive of age
credits, which the insured has over his initial
seven hundred and fifty contributions,
shall be in accordance with Part II of Table B3 of the Third
Schedule to the Act.
24A. (1) The rate of pension payable to an insured person
who qualifies for invalidity pension on or after 3rd May 1999
and who has made more than seven hundred and fifty
contributions shall be increased over the basic pension rate for
every twenty-five of such additional contributions exclusive of
age credit which the insured has over his initial seven hundred
and fifty contributions as follows:
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Benefits) Regulations[Subsidiary]
208 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
(3) With effect from 7th January 2008, the rate of
pension payable to an insured person who—
(a) is in receipt of invalidity pension on or after
3rd May 1999; or
(b) qualifies for invalidity pension on or after
7th January 2008, and has made more than
seven hundred and fifty contributions shall be
increased over the basic pension rate for every
twenty-five additional contributions exclusive
of age credits, which the insured has over his
initial seven hundred and fifty contributions
shall be in accordance with Part II of Table B4
of the Third Schedule to the Act.
25. A person in receipt of invalidity benefit may from time to
time be required by the Board to be medically examined.
25A. The Board may suspend or cease payments to a person in
receipt of invalid benefit where he—
(a) fails without good cause to comply with a notice
issued to him in writing by the Executive
Director requiring him to attend for and submit
himself to a medical examination; or
(b) works in employment for which remuneration is
or would ordinarily be payable.
26. An insured person entitled to receive invalidity benefit
may be disqualified from receiving such benefit if—
(a) he fails without good cause to comply with a
notice issued in writing by the Executive
Director requiring him to attend for and submit
himself to a medical examination; or
(b) works in employment for which remuneration is
or would ordinarily be payable.
Table B4.
Third Schedule.
Board may
require medical
examination.
Suspension of
payment of
invalid benefit.
[37/2008].
Invalidity
benefit
disqualification.
[73/1999].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Benefits) Regulations [Subsidiary]
National Insurance Chap. 32:01 209
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
27. Sickness benefit shall be paid in the full amount as
shown in Tables A and B in the Third Schedule to the Act only if
actual loss of earnings is equal to or exceeds the rate of benefit
shown in such Tables; in any other case the amount paid as
benefit shall be equal to the actual loss of earnings.
27A. With effect from 7th January 2008, maternity allowance
shall be—
*(a) payable for a period starting not earlier than six
weeks before the expected date of delivery and
continuing until the expiration of fourteen weeks
where the total allowance period does not exceed
the thirteenth week following the expected date
of delivery in accordance with the rates
stipulated in Table A4 of the Third Schedule to
the Act; and
(b) paid in a lump sum.
28. (1) An insured person otherwise entitled to employment
injury benefit may be disqualified by the Board from receiving
such benefit for a period not exceeding six weeks where—
(a) in the opinion of the Board his incapacity resulted
from his own serious and wilful misconduct;
(b) without reasonable cause he behaves in a manner
likely to retard his recovery or refuses to answer
reasonable enquiries of the Board calculated to
ascertain whether he is so behaving;
(c) he absents himself from his place of residence
without indicating to the Board where he may
be found;
(d) he engages in work for which remuneration is or
would ordinarily be payable.
(2) An insured person who refuses to submit himself for
a medical examination when so directed by the Board may be
disqualified from receiving employment injury benefit.
Amount of
sickness benefit
payable.
Tables A, B.
Third Schedule
to the Act.
[73/1999
66/2004].
Amount of
maternity
allowance
payable.
[37/2008
296/2012].
Table A4.
Third Schedule.
Employment
injury benefit
disqualification.
[96/1977
73/1999
37/2008].
*Amendments made to this regulation by LN 296/2012 took effect on 22nd May 2012.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Benefits) Regulations[Subsidiary]
210 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
(3) Benefits to an injured person who without reasonable
cause fails to submit himself for medical re-examination as
deemed necessary by the Board shall cease.
(4) No injury benefit or additional injury benefit shall be
payable in respect of any accident or prescribed disease for any
period on or after the effective date of assessment of disability
paid in respect of that injury.
29. A percentage of injury benefit shall be paid an insured
person as disablement pension and the percentage so paid shall be
equal to the percentage of that person’s disablement, as assessed.
30. (1) Disablement grant is payable in every case where the
disablement of an insured person entitled to employment injury
benefit or benefit in respect of a prescribed disease is assessed at
less than twenty per cent.
(2) Where disablement is assessed at three per cent or
less than three per cent, not less than three per cent shall be paid
by way of grant.
(3) Disablement grant shall be calculated, as follows:
Half the assumed
Number of weeks of average weekly
Ratio of degree of disablement (not earnings in the
disablement to 100 exceeding 365) relevant earnings
class at the date
of the injury
(4) Notwithstanding subregulation (2), where disablement
is assessed at less than one per cent, the insured shall be deemed to
have suffered no loss of faculty.
(5) The effective date of an assessment of disability
shall not be more than one month prior to the date on which the
insured was assessed.
Disablement
pension.
Disablement
grant.
[66/2004
37/2008].
XX
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Benefits) Regulations [Subsidiary]
National Insurance Chap. 32:01 211
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(6) Notwithstanding subregulation (5), where the
effective date of an assessment of disability is more than one
month prior to the date on which the insured was assessed, the
Board may in exceptional circumstances accept such earlier
effective date of assessment.
31. (1) The extent of disablement shall be assessed and
stated in the form of a percentage and in assessing disablement
the period for which it is estimated the disablement would last
should also be stated.
(2) In the assessment of disablement, a percentage over
nineteen per cent which is not a multiple of ten shall be treated—
(a) where it is a multiple of five, as being the next
highest percentage which is a multiple of ten;
(b) where it is not a multiple of five, as being the
nearer percentage which is a multiple of ten.
(3) The Board may at any time review an assessment of
disablement made by a panel of medical referees and the later
assessment if different from the earlier shall be taken into
consideration in determining disablement pension or disablement
grant as the case may be.
(4) Where an insured person already in receipt of a
disablement benefit submits a subsequent claim for disablement
benefit arising out of a new injury and the person’s disablement
from the new injury is assessed at twenty per cent or more—
(a) the Board shall require the insured to be
reassessed to take into account all the injuries
suffered, to arrive at a total permanent partial
disability for the insured; and
(b) the current disablement benefit of the insured
shall be revised to reflect the new assessment.
(5) A maximum of two provisional assessments may be
entertained in respect of each injury or prescribed disease.
Assessment of
disablement.
[66/2004
37/2008].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Benefits) Regulations[Subsidiary]
212 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
Disablement
assessed at one
hundred per
cent in certain
circumstances.
Injury benefit to
be paid to estate
of deceased
insured person.
Employer to
furnish Board
with
information
relating to
accidents.
Offence and
penalty.
Determination
of earnings class
for payment
of benefit.
[73/1999
66/2004].
(6) A provisional assessment shall not exceed a period
of fifty-two weeks.
32. Where an insured person entitled to, or in receipt of
disablement pension is admitted to hospital for necessary care,
his disablement shall be assessed at one hundred per cent during
his period of hospitalisation.
33. Where an insured person dies from accident arising out
of and in the course of his employment or from a prescribed
disease and no claim for death benefit in respect of his death is
received within twelve months of his death, the Board shall
deposit to the estate of that insured person a sum equal in amount
to fifty-two weeks injury benefit at the rate payable in the
earnings class of that insured person.
34. (1) For the proper administration of employment injury
benefit an employer shall be required to furnish the Board with
information relating to any accident arising out of and in the
course of employment whereby personal injury is caused to any
person employed by him.
(2) The Board shall determine the nature of the
information to be furnished as well as the form and manner in
which such information shall be furnished.
35. An employer who fails to comply with regulation 34 is
liable on summary conviction to a fine of five hundred dollars
and to three months imprisonment.
36. (1) The earnings class into which an insured person
falls for the purpose of receiving sickness or maternity benefit
shall be the earnings class determined by the average of the ten
highest contributions paid in respect of him during the thirteen
contribution weeks immediately preceding the commencement
of his incapacity or in the case of a claim for maternity benefit
during the thirteen contribution weeks immediately preceding the
sixth week before the expected week of delivery.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Benefits) Regulations [Subsidiary]
National Insurance Chap. 32:01 213
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(2) The earnings class into which an insured person falls
for the purpose of receiving employment injury benefit shall be
the earnings class which corresponds to the amount of
contribution paid in respect of the insured person for—
(a) the week immediately prior to the week during
which the injury was received or the disease
discovered; or
(b) the week during which the injury was received
or the disease discovered,
whichever is higher.
(3) The earnings class into which an insured person falls
for the purpose of receiving retirement pension or invalidity
benefit shall be the earnings class which corresponds to the
average of all rates of contributions paid in respect of such person.
(4) The earnings class into which a person falls for the
purpose of receiving survivor’s benefit shall be the earnings class
which corresponds to the average of all rates of contributions
paid in respect of the deceased in respect of whom the claim is
made or the earnings class in which retirement pension or
invalidity benefit was being paid, where the insured person was
in receipt of either benefit.
37. In any case, where the earnings of an insured person are
subject to fluctuation, loss of earnings shall be determined on the
average weekly earnings of the insured person during the ten
contribution weeks in which his earnings were highest in the
thirteen contribution weeks immediately preceding the period
during which benefit is to be paid.
38. The employer of an insured person shall certify to the
Board as far as possible at the same time as the insured person’s
claim is submitted, the insured person’s absence from work and the
amount of his loss of earnings. The certificate of the employer shall
be in such form as the Board may from time to time determine.
39. (Revoked by LN 37/2008).
Determination
of loss of
earnings where
earnings are
not fixed.
Employer to
certify insured
person’s
absence, etc.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Benefits) Regulations[Subsidiary]
214 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
Board may
accept other
evidence.
Commencement
of payment
of benefits.
[9/1974].
Quantum of
remarriage
grant.
[9/1974].
Orphan’s
allowance.
[73/1999
37/2008].
40. Where having regard to the special circumstances of any
case, grave hardship or unreasonable delay may result if the
documentary evidence required by these Regulations were to be
insisted upon, the Board may accept such other evidence as it
may deem fit and proper and may require a claimant to attend and
give such information as may be necessary for the determination
of his claim.
41. Sickness benefit and maternity benefit shall be payable as
from the contribution week commencing 15th January 1973.
42. (1) Where a person in receipt of widow’s benefit or
pension or widower’s benefit remarries, there shall be paid to that
person a remarriage grant equal in amount to fifty-two weeks of
such benefit.
(2) Where a person in receipt of widow’s allowance
remarries, there shall be paid to that person a remarriage grant
equal in amount to the unpaid portion of widow’s allowance
which would have been payable to her but for her remarriage.
43. (1) Where either the parent or step-parent of a child who
is in receipt of child’s allowance dies and such parent was at the
date of his or her death an insured person, the child’s allowance
shall cease and there shall be paid in respect of that child,
orphan’s allowance based either on the rate of child’s allowance
received by that child by reason of the death of his first parent to
die or on the rate of child’s allowance which the child would
otherwise receive by reason of the death of his last parent to die,
whichever is higher.
(2) In the event that the child’s parent or step-parent
being insured persons die simultaneously such child be eligible to
receive orphan’s allowance in the class of either the biological or
step-parent whichever is higher.
(3) A person in receipt of child’s allowance or orphan’s
allowance shall only receive benefit in respect of a maximum of
two persons, one of each sex, whether parent or step-parent.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Benefits) Regulations [Subsidiary]
National Insurance Chap. 32:01 215
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
44. Child’s allowance or orphan’s allowance shall be paid to
the person or institution responsible for the upkeep and
maintenance of the child or orphan, as the case may be, but where
the child or orphan has attained the age of eighteen years the
allowance shall be paid directly to him.
45. (1) For the purpose of the payment of child’s allowance—
(a) “child” means a person who, as at the date of
death of the deceased insured, is unmarried,
unemployed and under the age of nineteen years
including a legally adopted child and a child
en ventre sa mere;
(aa) “stepchild” means a child referred to in
paragraph (a), whose parent is or is deemed the
widow or widower of the step-parent under the
Act and that child was living with or was wholly
or mainly maintained by the deceased at the
time of death;
(ab) “disabled child” means a child referred to in
paragraph (a), who is or becomes disabled
before the age of nineteen years, and where the
child is unable to work by reason of mental or
physical disability, the child shall receive the
allowance until the cesser of disability; and
(b) “marriage” includes a co-habitational relationship.
(2) A claim for such pension or allowance shall where
appropriate be supported by a relevant medical certificate.
46. A nomination by an insured person of some other person
to be treated as his spouse for the purpose of the payment of
survivor’s benefit, shall be made on the form obtainable at any
service centre of the Board.
47. (1) Survivor’s benefit shall be payable as from the
contribution week commencing 16th July 1973 in respect of
insured persons who die on or before that date. In the case of an
Child’s or
orphan’s
allowance to be
paid to person
responsible for
upkeep and
maintenance.
Child includes
adopted child,
stepchild and
child en ventre
sa mere.
[73/1999
66/2004
37/2008].
Nomination
by insured.
[73/1999
37/2008].
Commencement
date of
survivor’s
benefit.
[73/1999
66/2004].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Benefits) Regulations[Subsidiary]
216 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
Dependants
$
Orphans
$
Children
$
Widow/
Widower
$
Earnings Class in which
Benefit is Paid
INCREMENT ON BASIC WEEKLY RATES
I 0.26 0.13 0.26 0.13
II 0.36 0.18 0.36 0.18
III 0.46 0.23 0.46 0.23
IV 0.55 0.27 0.55 0.27
V 0.64 0.32 0.64 0.32
VI 0.78 0.39 0.78 0.39
VII 0.92 0.46 0.92 0.46
VIII 1.06 0.53 1.06 0.53
IX 1.21 0.60 1.21 0.60
X 1.37 0.68 1.37 0.68
XI 1.52 0.76 1.52 0.76
XII 1.60 0.80 1.60 0.80
Increase of
survivor’s
benefit.
[73/1999
66/2004
37/2008].
insured person who dies after 16th July 1973 survivor’s benefit
shall be calculated as from the first day of the contribution week
during which such person dies.
(2) Subject to the provisions of these Regulations
survivor’s benefit shall be paid on the death of an insured person
who had made a minimum of fifty contributions.
(3) Child allowance payable for a child en ventre sa
mere, shall be payable as from the first day of the contribution
week of the date of delivery.
47A. (1) The rate of survivor’s benefit payable in respect of
an insured person who dies on or after 3rd May 1999 shall be
increased above the basic rate for every twenty-five contributions
which the deceased pensioner had in excess of seven hundred and
fifty contributions (not including age credits) as follows:
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Benefits) Regulations [Subsidiary]
National Insurance Chap. 32:01 217
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(2) With effect from 1st March 2004, the rate of
survivor’s benefit payable in respect of —
(a) an insured person who died on or after 3rd May
1999 and such benefit continues to be payable
on or after 1st March 2004; or
(b) an insured person who dies on or after
1st March 2004 shall be increased above the
basic rate for every twenty-five contributions
which the deceased pensioner had in excess of
seven hundred and fifty contributions, not
including age credits,
shall be in accordance with Part II of Table C3 of the Third
Schedule to the Act.
(3) With effect from 7th January 2008, the rate of
survivor’s benefit payable in respect of—
(a) an insured person who died on or after 3rd May
1999, and such benefit continues to be payable
on or after 7th January 2008; or
(b) an insured person who dies on or after
7th January 2008, shall be increased above the
basic rate for every twenty-five contributions
which the deceased pensioner had in excess of
seven hundred and fifty contributions, not
including age credits,
shall be in accordance with Part II of Table C4 of the Third
Schedule to the Act.
48. (1) Subject to subregulation (2) on the death of a person
who has made a claim for benefit or who is alleged to have been
entitled to benefit, the Executive Director may appoint such person
as he thinks fit to proceed with or to make a claim for the benefit.
(2) Subject to subregulation (5) a sum payable by way
of benefit which is payable under an award on a claim proceeded
with or made under subregulation (1) may be paid to such
persons or distributed amongst such persons claiming as personal
representatives or next of kin of the deceased.
Table C3.
Third Schedule.
Table C4.
Third Schedule.
Payment on
death.
[73/1999
37/2008].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Benefits) Regulations[Subsidiary]
218 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
(3) In respect of sums payable under subregulation (2)
to persons specified in that subregulation the receipt by a person
who has attained the age of sixteen shall be good discharge to the
Board for any sums so paid.
(4) Subject to subregulation (2), a sum payable by way
of benefit to the deceased, payment of which he had not obtained
at the date of his death, may be paid or distributed to or amongst
such persons as are mentioned in subregulation (2).
(5) The Board may dispense with strict proof of the title of
a person claiming in accordance with the provisions of this regulation.
(6) Nothing in this regulation shall be taken to displace
the provisions of a testator’s will or the law relating to the
distribution of a deceased’s estate on intestacy.
49. Subject to the provisions of these Regulations a funeral
grant shall be payable on the death of any insured person who—
(a) had made a minimum of twenty-five
contributions while engaged in insurable
employment; or
(b) (i) at the time of death was in receipt of
employment injury benefit; or
(ii) would have been entitled to receive
employment injury benefit but for the fact
of death.
49A. Subject to regulation 49(b), Class Z contributions shall
only be used to determine a person’s right to the relevant
employment injury benefit as provided for in the Act.
50. (1) Notwithstanding anything to the contrary in these
Regulations, the aggregate of survivor’s benefit payable to the
dependent parents of a deceased insured, shall not exceed the
total amount of the dependent parents benefit rate stipulated in
the Schedule.
(2) Where one parent of the deceased insured dies, the
surviving parent shall receive the total amount of the dependent
parents benefit in the Schedule.
Funeral grant.
[73/1999].
Class Z
contributions.
[37/2008].
Maximum rate
of parent
benefit.
[73/1999
183/2003
66/2004].
Schedule.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Benefits) Regulations [Subsidiary]
National Insurance Chap. 32:01 219
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
51. The amount payable by way of grant shall be—
(a) in the case of maternity, two thousand, five
hundred dollars, in respect of each birth, where
there are multiple births;
(b) in the case of funeral, five thousand dollars; and
(c) in the case of the special maternity grant, two
thousand, five hundred dollars, in respect of
each birth, where there are multiple births.
52. (1) A person whose benefit entitlement expired prior to
1st March 2004 shall not be entitled to have any claim, made under
regulation 14(e)(i) to (iv), reviewed under the new qualifying criteria.
(2) A person in receipt of benefits on or after 1st March
2004 shall continue to be eligible for such benefits after
2nd February 2004, upon such terms and conditions as are
applicable from 1st March 2004.
53. (1) Subject to subregulation (2), the spouse of an insured
person who is pregnant shall be eligible for the special maternity
grant.
(2) The special maternity grant shall be paid if the
insured man, during the period of thirteen contribution weeks
immediately preceding the contribution week calculated as the
sixth week before his spouse’s expected week of delivery—
(a) was in insurable employment for a period of not
less than ten contribution weeks; or
(b) was in receipt of sickness benefit for any period
and either resumed insurable employment
thereafter or continued receiving sickness
benefit during the last contribution week in the
period of thirteen contribution weeks.
(3) For the purposes of this regulation where a
confinement does not result in the birth of a living child, the
special maternity grant shall be paid only if the pregnancy lasted
not less than twenty-six weeks.
Rate of grant.
[73/1999
183/2003
37/2008].
Transition.
[66/2004].
Spouse eligible
for special
maternity grant.
[37/2008].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
220 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
NATIONAL INSURANCE (HARMONISATION OF PENSION
FUND PLANS) REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation.
2. Interpretation.
3. Modification of pension fund plans.
4. Conditions of modification to facilitate harmonisation.
5. Proposals to be submitted to Supervisor of Insurance.
6. Appeals.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
National Insurance Chap. 32:01 221
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
49/1972.
[48/1972
42/1973
222/1999].
Citation.
Interpretation.
Ch. 84:01.
Modification of
pension fund
plans.
[222/1999].
Conditions of
modification to
facilitate
harmonisation.
Proposals to be
submitted to
Supervisor of
Insurance.
NATIONAL INSURANCE (HARMONISATION OF PENSION
FUND PLANS) REGULATIONS
made under section 57
1. These Regulations may be cited as the National
Insurance (Harmonisation of Pension Fund Plans) Regulations.
2. In these Regulations—
“employed person” does not include a self-employed person;
“pension fund plan” or “plan” means a pension fund plan
registered under Part VI of the Insurance Act.
3. Subject to regulation 4, the pension fund plans may be
modified for the purpose of harmonisation with the system of
National Insurance.
4. (1) Modification of pension fund plans may be allowed
to facilitate harmonisation but only on the following conditions:
(a) all accrued benefits in the plan up to the date of
harmonisation shall be preserved;
(b) benefits under the modified plan plus retirement
pension payable under the system of national
insurance shall not be less than the benefits
payable under the plan, had it not been modified;
(c) where before modification the plan includes a
provision for commutation of pension, such
provision may be retained upon modification,
but the commuted sum payable to a member of
the plan shall not exceed twenty-five per cent of
the commuted value of the pension payable to
him under the plan as modified, plus twenty-five
per cent of an amount equal to the commuted
value of retirement pension so payable under the
system of national insurance.
5. (1) Proposals for harmonisation shall be submitted by
the Trustees of the plan (or where there are no trustees by the
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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LAWS OF TRINIDAD AND TOBAGO
management committee thereof) to the Supervisor of Insurance
who shall approve such proposals on being satisfied that the
conditions set out in regulation 4 have been observed and that the
rights and interests of members are adequately preserved,
whereupon he shall notify the members of his approval and
forward the proposals to the Board of Inland Revenue for
approval by the authority.
(2) Where the Supervisor of Insurance rejects any
proposals for harmonisation he shall so notify the Trustees of the
plan and shall state the reasons for his rejection.
(3) The Board of Inland Revenue shall notify their
decision to the Trustees of the plan and where such decision is a
rejection of the proposals submitted, shall state the reasons therefor.
6. An appeal shall lie from a decision of the Supervisor of
Insurance to a Judge in Chambers as if the decision were made
under the provisions of the Insurance Act, and from a decision of
the Board of Inland Revenue to the Tax Appeal Board established
under the Tax Appeal Board Act within twenty-eight days of
being notified of the decision of the Board.
Appeals.
Ch. 84:01.
Ch. 4:50.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
National Insurance Chap. 32:01 223
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NATIONAL INSURANCE (APPEALS) REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation.
2. Interpretation.
3. Who may appeal.
4. Places for hearing of appeals to be specified by Notification.
5. Appeals tribunals.
6. Quorum of appeals tribunal.
7. Convening of tribunals.
8. Notice of appeal.
9. Form of notice of appeal.
10. Notice regarding availability of forms to be displayed in every office.
11. Officer liable to disciplinary action.
12. Receptacles for lodging appeals.
13. Time limit for appeals.
14. Board to receive copy of appeal.
15. Board to advise Chairman.
16. Notice of hearing.
17. Public or private hearing of appeal.
18. Voting power of members.
19. Functions of Chief Medical Officer in medical appeals tribunal.
20. Chief Medical Officer to report to tribunal.
21. Tribunal to be guided by the Chief Medical Officer.
22. Chairman may refer matter to Chief Medical Officer before
convening tribunal.
23. Documents required at hearing of appeal.
24. Documents to be numbered.
25. Medical documents.
26. Chairman to direct Registrar.
27. Board not to disclose possibility of proceedings arising
from appellant’s dishonesty.
28. Decisions of tribunal.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
224 Chap. 32:01 National Insurance
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[Subsidiary] National Insurance (Appeals) Regulations
29. Copies of tribunal’s decision to be sent to appellant, etc.
30. Board to comply with tribunal’s directive.
31. Representation by Attorney-at-law.
32. Rules of evidence.
SCHEDULE.
ARRANGEMENT OF REGULATIONS—Continued
REGULATION
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
National Insurance Chap. 32:01 225
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
131/1980.
[29/2004
23/2008].
Citation.
Interpretation.
Who may
appeal.
Places for
hearing of
appeals to be
specified by
Notification.
Appeals
tribunals.
Quorum of
appeals tribunal.
NATIONAL INSURANCE (APPEALS) REGULATIONS
made under section 62
1. These Regulations may be cited as the National
Insurance (Appeals) Regulations.
2. In these Regulations—
“area” means each of the areas of North Trinidad, South Trinidad
and the Island of Tobago as described in section 60(5) of
the Act;
“Chairman” means the Chairman appointed by the President
under section 60(1)(a) of the Act;
“medical appeal tribunal” means an appeal tribunal among the
members of which is the Chief Medical Officer;
“member” means a member of an appeals tribunal.
3. Where a person claiming benefit under the Act is
aggrieved by the decision of the Board in respect of his claim
he may appeal on questions of fact only in accordance with
these Regulations.
4. The Minister shall by Notification specify the places in
each area designated for the hearing of appeals.
5. (1) An appeal shall be heard by the appeals tribunal
sitting in the area in which the appellant resides.
(2) An appeal involving questions of a medical nature
shall be heard by a medical appeals tribunal sitting in the area in
which the appellant resides.
6. (1) The quorum of an appeals tribunal consists of the
Chairman and two other members.
(2) The quorum of a medical appeals tribunal consists of
the Chairman, the Chief Medical Officer and two other members.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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226 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] National Insurance (Appeals) Regulations
Convening of
tribunals.
Notice of
appeal.
Form 1.
Schedule.
Form of notice
of appeal.
Notice
regarding
availability of
forms to be
displayed in
every office.
Officer liable to
disciplinary
action.
7. (1) In convening an appeals tribunal the Chairman
shall select members living in the following area:
(a) North Trinidad, where the appeals tribunal is to
sit in North Trinidad;
(b) South Trinidad, where the appeals tribunal is to
sit in South Trinidad;
(c) the Island of Tobago, where the appeals tribunal
is to sit in Tobago.
(2) Where a member selected by the Chairman from the
area in which the tribunal is to sit is unable to attend, and the
formation of a quorum is thereby rendered impossible, the
Chairman may select in such member’s stead a member from
another area and nominated in the same manner as the member
originally selected, to serve on the tribunal.
8. (1) Notice of appeal shall be in writing, signed by the
appellant and shall contain the grounds of appeal.
(2) Where a notice of appeal is submitted on the
prescribed form set out in the Schedule as Form 1 it shall be
lodged in triplicate at any office of the Board or of the Ministry
responsible for National Insurance.
(3) Where a notice of appeal is submitted otherwise than
on the prescribed form it shall be sent by registered post to the
Chairman at his office.
9. The prescribed form of notice of appeal shall be available
upon request and free of charge from any office of the Board.
10. There shall be displayed in a conspicuous place in every
office of the Board a notice to the effect that forms of notice of
appeal are available at that office upon request and free of charge.
11. An officer of the Board who in any way hinders a person
desirous of appealing against a decision of the Board from
obtaining the prescribed form of notice of appeal is liable to have
disciplinary action taken against him.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Appeals) Regulations [Subsidiary]
National Insurance Chap. 32:01 227
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L.R.O.
Receptacles for
lodging appeals.
Time limit
for appeals.
[29/2004].
Board to receive
copy of appeal.
Board to advise
Chairman.
Notice of
hearing.
12. (1) There shall be provided at each office of the Board or
the Ministry responsible for National Insurance suitable receptacles
conspicuously marked for the lodgement of notices of appeal.
(2) The Registrar shall ensure that receptacles for the
lodgement of notices of appeal are cleared in the afternoon of the
last working day of each week.
13. (1) Subject to this regulation, notice of appeal given
after the expiration of six months from the date of the decision
of the Board giving rise to the appeal, shall not be considered by
the tribunal.
(2) The limitation referred to in subregulation (1) shall
not apply to appeals in respect of decisions of the Board prior to
the coming into operation of these Regulations.
(3) Where a notice of appeal is received out of time, but
within one year from the date of the decision of the Board giving
rise to the appeal, it shall be acknowledged by the Registrar who
shall request the appellant to furnish reasons for its late submission.
(4) Where an appellant furnishes reasons for the late
submission of his appeal the Chairman shall decide whether or
not the late appeal shall be considered.
(5) No appeal shall lie against a decision of the
Chairman under subregulation (4).
14. The Registrar shall ensure that a copy of every appeal
lodged or received is served on the Board, in accordance with
section 4(4) of the Act.
15. The Board shall, where a copy of a notice of appeal has
been served on it, advise the Chairman not later than three weeks
after such service, whether it has reconsidered its decision which
gave rise to the appeal or whether it intends to join issue with
the appellant.
16. (1) The Registrar shall give not less than twenty-one days
written notice of the time and place of the hearing of an appeal to
members of the appeals tribunal, the appellant and the Board.
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[Subsidiary] National Insurance (Appeals) Regulations
Public or
private hearing
of appeal.
Voting power
of members.
Functions of
Chief Medical
Officer in
medical appeals
tribunal.
Chief Medical
Officer to report
to tribunal.
(2) The appeals tribunal may determine an appeal in the
absence of the appellant or other interested person to whom the
required notice of hearing has been given, where no reasonable
explanation is submitted for his absence.
17. (1) Though hearings before an appeals tribunal are in
public the Chairman may at the request of an appellant decide
that the hearing be in private.
(2) Where an appellant requests that hearing be in
private, only members of the appeals tribunal and their clerk may
be present when the request is being considered.
(3) Where an appellant requests that a hearing be in
private, the Chairman may decide that part of the hearing be
heard in private and part in public.
18. Every member of an appeals tribunal other than the Chief
Medical Officer in a medical appeals tribunal, may vote.
19. (1) Before an appeal involving questions of a medical
nature is determined, the Chief Medical Officer shall advise the
Chairman either orally or in writing on—
(a) whether or not the appeals tribunal should
obtain further expert medical advice;
(b) who should furnish this advice; and
(c) whether the appellant’s doctor or the Board’s
medical adviser should be invited to attend.
(2) Where evidence of a medical nature is given to a
medical appeals tribunal the Chief Medical Officer shall evaluate
this evidence and explain it to the other members.
20. Where a medical practitioner gives evidence before
a medical appeals tribunal all questions of a medical nature
shall be put to him by the Chief Medical Officer who shall
submit to the medical appeals tribunal a report on the medical
issues involved.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Appeals) Regulations [Subsidiary]
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Tribunal to be
guided by the
Chief Medical
Officer.
Chairman may
refer matter to
Chief Medical
Officer before
convening
tribunal.
Documents
required at
hearing of
appeal.
Documents to
be numbered.
Medical
documents.
Chairman to
direct Registrar.
Board not to
disclose
possibility of
proceedings
arising from
appellant’s
dishonesty.
Decisions of
tribunal.
Form 2.
Schedule.
21. In any appeal involving questions of a medical nature the
medical appeals tribunal shall be guided on the medical issues by
the advice and explanations given by the Chief Medical Officer.
22. Where it is convenient to do so, the Chairman may
forward to the Chief Medical Officer for advice any documents
related to the medical issues in any appeal and may consider the
reply of the Chief Medical Officer even before convening a
tribunal to deal with the appeal.
23. The Registrar shall ensure that all documents required at
the hearing are available and shall prepare a sufficient number for
use at the hearing.
24. Documents for use at a hearing shall be numbered by the
Registrar, and copies of a document shall bear the same number
as the original document.
25. The Chief Medical Officer shall advise the Chairman on
which medical documents shall be treated in a confidential manner
and may where he considers it appropriate advise non-disclosure of
any medical report relating to the appellant.
26. Where the Chief Medical Officer advises the Chairman
as is contemplated by regulation 25, the Chairman shall direct the
Registrar with respect to the medical document in accordance
with the advice of the Chief Medical Officer and the Registrar
shall comply with such direction.
27. The Board shall not at the hearing of an appeal disclose
that proceedings on any charge involving dishonesty on the part
of the appellant are being contemplated.
28. (1) The determination of an appeal by an appeals
tribunal shall be recorded on the prescribed form set out in the
Schedule as Form 2.
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[Subsidiary] National Insurance (Appeals) Regulations
(2) An appeals tribunal shall in recording its decision set
out the reasons therefor and its findings on the questions of fact
material to the appeal.
(3) The form on which the determination of an appeal is
recorded shall be signed by all the members of the appeals
tribunal who heard the appeal.
29. Copies of the determination of an appeal as recorded in
accordance with regulation 28 shall be forwarded forthwith by
the Registrar to the appellant, the Board and the Minister.
30. Where an appeals tribunal in recording its decision or
findings issues a directive to the Board, the Board shall comply
with such directive within one month of the date of the receipt of
the written decision of the tribunal.
31. At a hearing before an appeals tribunal the appellant and
the Board may be represented by an Attorney-at-law or any
person qualified or competent to represent either party to the
hearing, and may call and question witnesses.
32. An appeals tribunal is not bound by the strict rules
governing the admissibility of evidence, but where the appellant
or other witnesses are available to give evidence, on question of
fact in issue they must be called, and a statement intended to
support such evidence is inadmissible in such event.
Copies of
tribunal’s
decision to be
sent to
appellant, etc.
Board to
comply with
tribunal’s
directive.
[29/2004
23/2008].
Representation
by Attorney-at-
law.
Rules of
evidence.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Appeals) Regulations [Subsidiary]
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L.R.O.
SCHEDULE
FORM 1
THE NATIONAL INSURANCE (APPEALS) REGULATIONS
N.B.—This form must be filed in Triplicate.
NOTICE OF APPEAL
Name and Registration Number of insured ................................................
person in respect of whom claim was made
...............................................
Date of Board’s decision on Claim ................................................
Name of Appellant ...............................................
Address of Appellant ................................................
GROUNDS OF APPEAL
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
Date ................................... .......................................................
Signature of Appellant
Regulation 8(2).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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232 Chap. 32:01 National Insurance
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[Subsidiary] National Insurance (Appeals) Regulations
FORM 2
THE NATIONAL INSURANCE (APPEALS) REGULATIONS
DECISION OF APPEALS TRIBUNAL
Name and Registration Number of insured ................................................
person in respect of whom claim was made
to the Board ................................................
................................................
Name of Appellant ................................................
DECISION
........................................................................................................
........................................................................................................
........................................................................................................
........................................................................................................
Date ........................................
Signed
Members of Appeals Tribunal
................................................
................................................
................................................
................................................{
Member
Member
Member
Chairman
Regulation
28(1).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
National Insurance Chap. 32:01 233
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
140/1998.
Citation.
Interpretation.
Schedule.
Ch. 32:01
amended.
NATIONAL INSURANCE (CARICOM RECIPROCAL
AGREEMENT ON SOCIAL SECURITY) ORDER
made under section 69
1. This Order may be cited as the National Insurance
(CARICOM Reciprocal Agreement on Social Security) Order.
2. In this Order—
“Agreement” means the CARICOM Agreement on Social
Security set out in the Schedule.
3. The National Insurance Act and the Subsidiary
Legislation made thereunder, in respect of—
(a) interruption of employment by reason of
retirement, invalidity or disablement;
(b) payments of survivors’ benefits;
(c) death benefits; and
(d) funeral grant,
are, to the extent to which they are affected by the Agreement,
deemed to be amended to give effect to the Agreement.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Caricom Reciprocal Agreement on Social Security) Order[Subsidiary]
234 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
Paragraph 2. SCHEDULE
PART I
DEFINITIONS, SCOPE AND GENERAL PROVISIONS
ARTICLE 1
Definitions
1. In this Agreement, unless the context otherwise requires:
(a) “benefit” means a periodical payment in cash in respect of the
benefits specified in Article 2, including any components thereof
and such increases, supplements or allowances as may be specified
in the applicable legislation, and payable for a period exceeding
fifty-two weeks;
(b) “competent authority” means the Minister or other authority of a
Contracting Party charged with responsibility for social security;
(c) “competent institution” means—
(i) the institution with which the person concerned is insured
when claiming a benefit;
(ii) the institution from which a claimant is entitled to receive,
or would be entitled to receive, a benefit if such a claimant
were resident in the territory of the Contracting Party where
that institution is situated; or
(iii) the institution designated by the competent authority of the
Contracting Party concerned;
(d) “competent jurisdiction” means the territory of the Contracting
Party where the competent institution is situated;
(e) “Contracting Party” means any country which has signed and
ratified this Agreement in accordance with paragraphs 1, 2 and 3 of
Article 59 or has acceded thereto in accordance with paragraph 4 of
Article 59 or in accordance with Article 60 and for which the
Agreement is in force;
(f) “dependant” means—
(i) a member of the family of an insured person and who is
dependent on that person; or
(ii) some person who, though not being such a family member, is
recognised as such by the applicable legislation; or
(iii) a surviving spouse of an insured person whether or not
dependent on that person;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Caricom Reciprocal Agreement on Social Security) Order [Subsidiary]
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(g) “institution” means the body responsible for administering the
applicable legislation;
(h) “Insurance period” means the contribution period defined or
recognised as such by or under the applicable legislation;
(i) “insured person” means an employed or a self-employed person,
or any other person recognised as such by or under the
applicable legislation;
(j) “applicable legislation” means the relevant laws governing social
security for the time being in force in the territory of a
Contracting Party;
(k) “place of residence” means ordinary place of residence;
(l) “stay” means temporary residence;
(m) “survivor” means a person—
(i) defined or recognised as such by the applicable
legislation; and
(ii) who is entitled to claim through an insured person dying in
consequence of an employment injury or otherwise, and
“survivors’ benefit” shall be construed accordingly.
2. Other words and expressions used in this Agreement have the meanings
respectively assigned to them by the applicable legislation.
ARTICLE 2
Scope of Agreement
The provisions of this Agreement shall apply to the following payments of
social security:
(a) invalidity pensions;
(b) disablement pensions;
(c) old age or retirement pensions;
(d) survivors’ pensions; and
(e) death benefits in the form of pensions.
ARTICLE 3
Application of the Agreement
1. The provisions of this Agreement shall be applied to insured persons who are
or have been subject to the applicable legislation of one or more Contracting Parties as
well as to their dependents or survivors, as the case may be.
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National Insurance (Caricom Reciprocal Agreement on Social Security) Order[Subsidiary]
236 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
2. The provisions of this Agreement shall not be applied to diplomatic agents
within the meaning of the Vienna Convention on Diplomatic Relations (1961),
Consular Officers within the meaning of the Vienna Convention on Consular Relations
(1963), or to persons of equivalent rank in international organisations of which a
Contracting Party is a member.
ARTICLE 4
Determination of Contribution Periods
for Voluntary Insurance
Where the applicable legislation of a Contracting Party makes entitlement to
voluntary insurance conditional upon the completion of a specified number of
insurance periods, the competent institution shall take into account all insurance
periods completed under the applicable legislation of other Contracting Parties as if
they were insurance periods completed under its applicable legislation.
ARTICLE 5
Reduction, Modification, Suspension, and
Forfeiture of Benefits
Unless otherwise specified in this Agreement, the benefits specified in Article 2 and
provided for in the applicable legislation of Contracting Parties shall not be reduced,
modified, suspended or forfeited by reason only of the fact that the claimant is resident
in the territory of a Contracting Party other than that of the Contracting Party where the
competent institution liable to pay such benefits is situated.
PART II
PROVISIONS DETERMINING THE LAW TO BE APPLIED
TO CERTAIN INSURED PERSONS
ARTICLE 6
Exclusivity of Applicable Law
An insured person shall, at the material time, be subject, in relation to that person’s
employment, to the applicable legislation of only one Contracting Party.
ARTICLE 7
Persons Employed in Transnational Enterprises
Subject to the qualifications specified hereunder, an insured person who is
employed in the territory of a Contracting Party shall be subject to the applicable
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L.R.O.
legislation of that Contracting Party even if that person resides in the territory of
another Contracting Party or even if the undertaking which employs that person has its
principal place of business, or the residence of that person’s employer is situated in the
territory of another Contracting Party—
(i) an employed person who is employed in the territory of a
Contracting Party by an undertaking which is that person’s
regular employer and who is assigned by that undertaking to
work for it in the territory of another Contracting Party, shall
remain subject to the applicable legislation of the first
Contracting Party, provided that the estimated duration of
the employment does not exceed twenty-four months;
(ii) where, due to unforeseen circumstances, the work to be
performed exceeds the estimated period of twenty-four
months, the applicable legislation of the Contracting Party
in the territory of which the undertaking is located shall
remain applicable until the work is completed, subject to
agreement to this effect by the competent authorities of the
two Contracting Parties concerned.
ARTICLE 8
Itinerant Employed Persons
Subject to the qualifications specified hereunder, an employed person who is
employed in the territory of a Contracting Party shall be subject to the applicable
legislation of that Contracting Party even if that person resides in the territory of
another Contracting Party or even if the undertaking which employs that person has its
principal place of business, or the place of residence of that person’s employer is in the
territory of another Contracting Party:
(a) an employed person other than one engaged in international transport,
who normally works in the territories of two or more Contracting Parties,
shall be subject to the applicable legislation of the Contracting Party where
that person’s place of residence is situated if—
(i) part of that person’s occupation is carried on in the territory
of that person’s place of residence; or
(ii) that person is employed by two or more undertakings or
employers having their principal places of business or
residences, as the case may be, in the territories of different
Contracting Parties;
(b) except as provided in paragraph (a), an employed person within the
meaning of that subparagraph shall be subject to the applicable
legislation of the Contracting Party in the territory of which the
undertaking employing that person has its principal place of business
or the place of residence of that person’s employer.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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National Insurance (Caricom Reciprocal Agreement on Social Security) Order[Subsidiary]
238 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
ARTICLE 9
Persons Employed in International Transport
Subject to the qualifications specified hereunder, an employed person who is
employed in the territory of a Contracting Party shall be subject to the applicable
legislation of that Contracting Party even if that person resides in the territory of
another Contracting Party or even if the undertaking which employs that person has its
principal place of business, or the place of residence of that person’s employer is in the
territory of another Contracting Party:
an employed person who is employed in international transport in the
territories of two or more Contracting Parties as travelling personnel
employed in the service of an undertaking which, on behalf of others or
on its own behalf, is engaged in the transport of passengers or goods by
road, inland waterway or air shall be subject to—
(a) the applicable legislation of the territory where the principal place
of business is located if the principal place of business of the
undertaking is in the territory of a Contracting Party;
(b) the applicable legislation of the territory where a subsidiary, branch
or agency of an undertaking is located if that person is employed by
any of the same and the location is different from the territory in
which the principal place of business of that undertaking is situated;
(c) the applicable legislation of the place of residence, if that person is
mainly employed in the territory of a Contracting Party in which that
person is ordinarily resident even if the undertaking employing that
person has neither its principal place of business, nor a branch,
subsidiary or agency in that territory.
ARTICLE 10
Persons Employed on Ships
Subject to the exceptions set out hereunder, persons employed on board ships
flying the flag of a Contracting Party shall be subject to the applicable legislation of
that Contracting Party:
(i) employed persons who are employed by an undertaking
which is their regular employer, either in the territory of a
Contracting Party or on board a ship flying the flag of a
Contracting Party, and who are assigned by that undertaking
to work for it on board a ship flying the flag of another
Contracting Party, shall remain subject to the applicable
legislation of the first Contracting Party, subject to the
conditions set out in (i) and (ii) of Article 7;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Caricom Reciprocal Agreement on Social Security) Order [Subsidiary]
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(ii) employed persons normally engaged in their occupations in
the territorial waters or in a port of a Contracting Party or on
board a ship flying the flag of another Contracting Party but
who are not members of the ship’s crew shall be subject to the
applicable legislation of the first Contracting Party;
(iii) employed persons who are employed on board a ship
flying the flag of a Contracting Party and who are paid
in respect of their occupation by an undertaking having
its principal place of business, or by a person residing in
the territory of another Contracting Party, shall be
subject to the applicable legislation of the second
Contracting Party if they reside in its territory and the
undertaking or person paying the remuneration shall be
regarded as the employer for the purpose of the
application of the said legislation.
ARTICLE 11
Persons employed in Diplomatic Missions, Consulates and
International Organisations
The provisions of Articles 9, 10 and 11 shall also be applied to members of the
service staff of diplomatic missions, consulates or international organisations and
persons employed in the private service of officials of such organisations but such
persons who are nationals of a Contracting Party which is a sending State may opt for
the application to them of the relevant legislation of that Contracting Party.
ARTICLE 12
Self-employed Persons
Subject to the qualifications specified hereunder a self-employed person who
follows that person’s occupation in the territory of a Contracting Party shall be subject
to the applicable legislation of that Contracting Party even if that person resides in the
territory of another Contracting Party:
(a) a self-employed person who resides in the territory of one
Contracting Party and that person’s occupation in the territory of
another Contracting Party shall be subject to the applicable
legislation of the first Contracting Party if the second Contracting
Party has no legislation applicable to that person;
(b) a self-employed person who normally follows that person’s
occupation in the territories of two or more Contracting Parties shall
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be subject to the applicable legislation of the Contracting Party
in the territory in which that person resides, if that person works
partly in that territory;
(c) where the self-employed person referred to in paragraph (b) does
not follow part of that person’s occupation in the territory of the
Contracting Party where that person resides, or where that
Contracting Party has no legislation applicable to that person, that
person shall be subject to the legislation agreed on by the competent
institutions of the Contracting Parties concerned.
ARTICLE 13
Exclusion of Articles 6 to 12 in Respect of Voluntary Insurance
The provisions of Articles 6 to 12 shall not be applied to voluntary insurance.
ARTICLE 14
Entitlement to Membership of Compulsory and Voluntary
Insurance Schemes
1. Where the application of the relevant legislation of two or more Contracting
Parties would result in the person concerned becoming insured under a compulsory
insurance scheme and at the same time permit membership as a voluntary contributor
to another compulsory insurance scheme, the person concerned shall be subject only to
the applicable legislation of the first-mentioned compulsory insurance scheme.
2. In cases where the application of the relevant legislation of two or more
Contracting Parties would permit membership as a voluntary contributor to two or more
compulsory insurance schemes, the person concerned shall be entitled to be insured under
the insurance of the Contracting Party where that person resides, or if that person is not
resident in the territory of one of the Contracting Parties, under the scheme of the
Contracting Party the legislation of which last applied to that person.
ARTICLE 15
Exclusion of the Provisions of Part II
The competent authorities of two or more Contracting Parties may, by mutual
consent, make exceptions to any of the provisions of Articles 6 to 14 in the interests of
persons affected thereby.
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PART III
PROVISIONS GOVERNING INVALIDITY, OLD AGE,
RETIREMENT, SURVIVORS’ AND DISABLEMENT
PENSIONS, AND DEATH BENEFIT
ARTICLE 16
Determination of Benefits
Where an insured person has been subject successively or alternatively to the
applicable legislation of two or more Contracting Parties and has satisfied the conditions
for a benefit in the jurisdiction of any of those Contracting Parties, such insured person
or the survivors of that person as the case may be, shall be entitled to the benefit in
accordance with the applicable legislation of each of the Contracting Parties concerned.
ARTICLE 17
Totalisation of Contribution Periods
Where the applicable legislation of a Contracting Party makes entitlement to
benefits conditional on the completion of a specified number of insurance periods and
Article 16 does not apply, the competent institution shall take account of all insurance
periods completed under the applicable legislation of other Contracting Parties in
determining the fulfilment of the condition at the material time.
ARTICLE 18
Payment of a Partial Benefit
Where, at the material time, a claimant has satisfied the conditions for entitlement
to a benefit in the jurisdiction of one Contracting Party but not the conditions for a
benefit under the legislation of another Contracting Party in the territory of which
the insured person concerned was employed, the competent institution of the other
Contracting Party shall pay to such insured person or persons claiming through
that person a portion of the benefit to which such person would have been entitled if
that person had satisfied the relevant conditions. The portion of the benefit payable
shall bear the same ratio which the contributions of that person bear to the total
qualifying contributions.
ARTICLE 19
Apportionment of Totalised Benefits
1. The competent institution of each Contracting Party shall determine in
accordance with the applicable legislation whether and to what extent an insured
person or the survivor of that person, as the case may be, satisfies the conditions for
entitlement to benefit under Article 16, 17 or 18.
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2. Where the institution concerned determines, by applying the provisions of
Article 17, that an insured person satisfies the relevant conditions for entitlement to
benefit, such institution shall calculate the notional amount of benefit such person could
claim if the contribution periods completed under the legislation of all the Contracting
Parties concerned had been completed under its applicable legislation.
3. The actual amount payable by each of the institutions concerned shall bear
a direct ratio to the notional amount which the number of insurance periods completed
in the territories of the interested Contracting Parties bears to the total number of
insurance periods completed in all of their territories.
ARTICLE 20
Determination of Liability to Contribute to the Notional Amount
in Certain Circumstances
Where the legislation of an interested Contracting Party requires benefits to be
calculated by reference to total insurable earnings or number of contributions, the
earnings or contributions to be taken into account by the competent institution of that
Contracting Party for the purpose of determining its liability to contribute to the
notional amount referred to in paragraph 3 of Article 19 shall be calculated on the basis
of the average earnings or the contributions recorded for the periods completed under
its applicable legislation.
ARTICLE 21
Dependants
Where the applicable legislation of a Contracting Party provides that the amount
of the benefit shall vary according to the number of dependants of an insured person,
the competent institution shall also take account of dependants resident in the territory
of another Contracting Party as if those dependants were resident in the territory of the
first Contracting Party.
ARTICLE 22
Commencement Date of Payments
1. Where, by the application of Article 17, an insured person is determined to be
entitled to a benefit and the qualifying age for the receipt of such benefit varies under the
applicable legislation of the interested Contracting Parties, the commencing date for the
receipt of such benefit shall be determined by the applicable legislation of the Contracting
Party to which such insured person was last subject.
2. Where the qualifying age under the applicable legislation of an interested
Contracting Party is lower than the qualifying age under the legislation of the
Contracting Party to which the insured person was last subject, the competent institution
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of the first Contracting Party shall pay directly to the insured person or the survivors of that
insured person, as the case may be, from the applicable commencement date, such amounts
as represent the liability of the said Contracting Party.
3. Where the qualifying age under the legislation of an interested Contracting
Party is higher than the qualifying age under the legislation of the Contracting Party to
which the insured person was last subject, the insured person shall not be entitled to
receive the portion of the benefit payable by such Contracting Party in accordance with
paragraph 3 of Article 19 before attaining the qualifying age stipulated in the applicable
legislation of such Contracting Party.
ARTICLE 23
Liability for Certain Survivors’ Benefits
Where, by the application of Article 17, the survivors of an insured person are
determined to be entitled to a benefit which is not provided for under the applicable
legislation of one or more interested Contracting Parties, the Contracting Party under
the legislation of which such a benefit is provided for shall be liable to pay such portion
of the benefit as corresponds to its liability according to the provisions of paragraph 3
of Article 19.
ARTICLE 24
Conversion of Invalidity Benefits
1. Subject to the applicable legislation of interested Contracting Parties,
invalidity pensions shall, as appropriate, be converted into old age or retirement
pensions and the provisions of Articles 16 to 19 of this Agreement shall apply.
2. Where the recipient of an invalidity pension payable under the applicable
legislation of one or more interested Contracting Parties becomes entitled to old age or
retirement pension, the competent institution of an interested Contracting Party with a
continuing liability in that behalf shall continue to pay invalidity pension until the
provisions of paragraph 1 hereof become applicable.
PART IV
APPLICATION OF THE AGREEMENT
SECTION I
GENERAL PROVISIONS
ARTICLE 25
Composition of the Committee
1. The heads of the Social Security Schemes established by the Contracting
Parties shall constitute a Committee (hereinafter called “the Committee”) which shall
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settle every administrative question arising out of the provisions of this Agreement
without prejudice to the right of the competent authorities, competent institutions or
interested persons to have recourse to the procedures and jurisdictions provided for in
the applicable legislation of Contracting Parties.
2. Specimens of certificates, statements, claims, declarations, and other documents
required for the application of this Agreement shall be prepared by the Committee.
3. The Committee may assemble information on provisions of the legislation
to which this Agreement applies at the request of the competent authorities of any
Contracting Party.
4. The Committee may prepare written information for the purpose of
informing the persons concerned of their rights and the administrative formalities
required to secure them.
ARTICLE 26
Access to Competent Institutions
Any institutions of a Contracting Party and any person residing or staying in the
territory of a Contracting Party may approach the competent institution of another
Contracting Party directly.
ARTICLE 27
Supply of Information
1. Each Contracting Party, as soon as possible after this Agreement enters into
force, shall supply the Secretary-General of the Caribbean Community (hereinafter
referred to as “the Secretary-General”) with the following information:
(a) the name or names of the competent authority or authorities;
(b) the name or names of the competent institution or institutions.
2. Any modifications made to the information supplied in accordance with
paragraph 1 shall be transmitted to the Secretary-General within three months of the
said modifications.
SECTION II
APPLICATION OF PART I OF THE AGREEMENT
ARTICLE 28
Submission of Certificates by Claimants
In order to benefit from the provisions of Article 4, the person concerned shall
submit to the competent institution of the interested Contracting Party a certificate of
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the periods of insurance completed under the legislation of any other Contracting Party.
The certificate shall be issued at the request of the person concerned or the competent
institution by the institution or institutions under the legislation of which the periods in
question were completed.
ARTICLE 29
Application of Article 5
1. In applying the provisions of Article 19, the competent institutions of
interested Contracting Parties shall be entitled to take account of the benefits, income or
remuneration entailing reduction, suspension or disqualification in respect of the
benefits due from it solely for the purpose of the reduction, suspension or
disqualification of the amount referred to in paragraph 3 of Article 19.
2. The entitlement referred to in paragraph 1 shall not be exercised to calculate
the notional amount referred to in paragraph 2 of Article 19, provided, however, that
account shall be taken of such benefits, income or remuneration only to the extent of
that fraction of the amount corresponding to the ratio of the periods completed as
prescribed in paragraph 3 of Article 19.
3. The provisions of this Article shall apply where a person in receipt of a benefit
under the applicable legislation of one Contracting Party is also entitled to benefits under the
applicable legislation of one or more of the other Contracting Parties.
SECTION III
APPLICATION OF PART II OF THE AGREEMENT
ARTICLE 30
Application of Articles 7-10
1. In cases to which subparagraph (i) of Article 7, paragraph (a) of Article 9 and
subparagraph (i) of Article 10 of this Agreement apply, the institution designated by the
competent authority of the Contracting Party, the legislation of which is applicable, shall
issue to the employed person at that person’s request or on the request of that person’s
employer, if the required conditions are fulfilled, a certificate of such employment abroad
stating that that person is still subject to that legislation.
2. The agreement referred to in subparagraph (ii) of Article 7 of this Agreement
shall be requested by the employer. The consent of each employed person concerned
shall be required if it is so provided in the applicable legislation of the Contracting
Party referred to in paragraph 1.
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ARTICLE 31
Application of Articles 8 and 9
Where, under Articles 8 and 9 of this Agreement, the applicable legislation of a
Contracting Party is applicable to an employed person whose employment is not in the
territory of that Contracting Party, that legislation shall apply as if the person were
employed at that person’s place of residence in the said territory, particularly for
determining the competent institution.
SECTION IV
THE AGGREGATION OF INSURANCE PERIODS
ARTICLE 32
Application of the Totalisation Principle
1. In the cases referred to in Articles 4 and 17 of this Agreement, insurance
periods shall be added together in accordance with the following rules:
(a) to the insurance periods completed under the provisions of the
applicable legislation of one Contracting Party shall be added the
insurance periods completed under the provisions of the applicable
legislation of any other Contracting Party to the extent necessary to
make up the total insurance period required under the provisions of
the applicable legislation of the first-mentioned Contracting Party for
the acquisition or maintenance of entitlement to benefit, provided
always that these periods do not overlap. In the case of invalidity, old
age, retirement or survivors’ benefits to be paid by the institutions of
two or more Contracting Parties in accordance with the provisions of
Article 19 of this Agreement, each of the institutions concerned shall
separately add together all the insurance periods completed by the
person concerned under the provisions of the applicable legislation of
all the Contracting Parties to which that person has been subject;
(b) where a period of compulsory insurance completed under the
applicable legislation of one Contracting Party coincides with a
period of voluntary insurance completed under the provisions of the
applicable legislation of another Contracting Party, the first period
only shall be taken into account;
(c) where the time at which certain periods of insurance were completed
under the provisions of the applicable legislation of a Contracting
Party cannot be accurately determined, such periods shall be
presumed not to overlap with periods completed under the applicable
legislation of another Contracting Party and shall be taken into
account as may be necessary;
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(d) where, according to the applicable legislation of one Contracting Party,
certain insurance periods are taken into account only if they have been
completed within a specified time, the institution which applies this
legislation shall take into account only periods completed under the
provisions of the applicable legislation of another Contracting Party as
have been completed within the same specified time.
2. Where under the provisions of the applicable legislation of a Contracting
Party a Social Security scheme falling within the scope of this Agreement takes account
of insurance periods in respect of schemes not falling within the scope of this
Agreement, such insurance periods shall be considered by the Contracting Parties to be
taken into account for the purpose of aggregation.
SECTION V
APPLICATION OF PART III OF THE AGREEMENT
ARTICLE 33
Application of Article 18
1. In order to benefit from the provisions of Article 18, the Claimant shall
submit to the competent institution or institutions of the interested Contracting Party or
Contracting Parties, as the case may be, liable to pay a portion of a benefit, a certificate
stating that the insured person concerned has satisfied the qualifying conditions for a
benefit under the applicable legislation of another Contracting Party.
2. The certificate shall be issued by the competent institution or institutions, as
the case may be, of one or more other Contracting Parties under the applicable
legislation of which such insured person had qualified for the benefit, at the request of
the claimant or the competent institution of the interested Contracting Party against
whom the claim for payment of a portion of a benefit has been made.
ARTICLE 34
Submission of Claims
1. In order to receive the benefits under Articles 16 to 18, 21 and 24 of this
Agreement, the claimant shall submit a claim to the institution of the claimant’s place of
residence in the manner prescribed by the applicable legislation. If the insured person entitled
had not been subject to that legislation, the institution of the place of residence shall transmit
the claim to the institution or institutions of the Contracting Party or Contracting Parties, as
the case may be, to the legislation to which such person was subject and also indicate the date
on which the claim was submitted. That date shall then be considered as the date of
submission of the claim to the last-mentioned institution.
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2. Where the claimant resides in the territory of a Contracting Party to the
legislation to which neither the claimant nor the deceased person has been subject, the
claimant may submit the claim to the institution of the Contracting Party to the
legislation to which the claimant or the deceased person was last subject.
ARTICLE 35
Documents to Accompany Claims
The submission of the claims referred to in Article 34 shall be subject to the
following rules:
(a) the claim shall be accompanied by the requisite supporting
documents and shall be submitted on the forms prescribed—
(i) either by the legislation of the Contracting Party in the
territory of which the claimant resides, in cases referred to
in paragraph 1 of Article 34; or
(ii) by the legislation of the Contracting Party to which the
claimant or the deceased person was last subject, in the case
referred to in paragraph 2 of Article 34;
(b) the accuracy of the information furnished by the claimant shall be
substantiated by official documents attached to the claim form, or
corroborated by the authorities of the Contracting Party in the
territory of which the claimant resides;
(c) the claimant shall indicate, as far as possible, the invalidity,
retirement, old age, or survivor’s benefit institution or institutions of
each of the Contracting Parties to the legislation to which the
claimant or the deceased has or had been subject, or the employer or
employers by whom the claimant or the deceased person has or had
been employed in the territory of any Contracting Party, and submit
any certificates of employment that may be in the possession of the
claimant or had been in the possession of the deceased person.
ARTICLE 36
Certification of Dependants
1. In order to benefit from the provisions of Article 21 of this Agreement,
the claimant shall, where required, submit a certificate regarding dependants who
are residing in the territory of a Contracting Party other than that where the
institution which pays the benefit is situated. The certificate shall be issued by the
institution designated by the competent authority of the Contracting Party in the
territory in which the said dependants reside.
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2. The certificate referred to in the preceding paragraph shall be valid for a
period of twelve months from the date of issue and shall be renewable. When renewed,
its validity shall run from the date of renewal. The claimant shall immediately notify
the competent institution of any change to be made in the certificate which shall have
effect from the date on which it occurred.
3. Instead of the certificate referred to in paragraph 1 of this Article, the
competent institution may require the claimant to submit other relevant documents of
proof of relationship of the dependants who are residing in the territory of a
Contracting Party other than that of the competent jurisdiction, if such documents are
normally issued by authorities of that Contracting Party.
4. The provisions of Article 21 and of the preceding paragraphs of this Article
are to be construed without prejudice to the consideration of dependants residing
outside of the territory of any Contracting Party.
ARTICLE 37
Determination of Invalidity
In determining the degree of invalidity the institution of a Contracting Party shall
take account of all the medical and administrative information assembled by the
institutions of any other Contracting Party, but each institution shall retain the right to
have the claimant examined by a doctor of its choice at its own expense.
ARTICLE 38
Examination of Claims
1. Claims shall be examined by the institutions to which they have been submitted or
to which they have been transmitted, as the case may be, as provided for in Article 34.
2. The examining institution shall immediately advise all the institutions concerned
so that the claim may be examined by them simultaneously and without delay.
ARTICLE 39
Procedures of Examining Institutions
1. In examining claims, the examining institution shall use a form setting out
details of, and the total of, the insurance periods completed by the persons concerned,
or, in respect of the deceased person, under the applicable legislation of all the
Contracting Parties concerned.
2. The transmission of the form referred to in paragraph 1 to the institution of any
other Contracting Party shall be in lieu of the transmission of supporting documents.
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ARTICLE 40
Duties of Examining Institutions
1. The examining institution shall enter on the form referred to in paragraph 1 of
Article 39 the insurance periods completed under the provisions of its own legislation and
shall send a copy of the form to the appropriate institution of each Contracting Party to the
legislation to which the person concerned or the deceased person has or had been subject and
attach employment certificates produced by the claimant.
2. Where only one institution is involved, that institution shall complete the
form sent to it in accordance with the provisions of the preceding paragraph indicating
the insurance periods completed under its applicable legislation. It shall then
determine entitlement under that legislation having regard to the provisions of Article 17,
and shall state on the form the notional and actual amount of the benefit calculated in
accordance with the provisions of paragraphs 2 and 3 of Article 19 and, where
appropriate, the amount of any benefit which could be claimed, without applying the
provisions of Articles 17 to 21 solely for the periods completed under the provisions
of the applicable legislation. The form, which should also contain information
concerning the procedure for appeals, including time limits, shall then be returned to
the examining institution.
3. Where there are two or more institutions involved, each institution shall
complete the form submitted to it in accordance with the provisions of paragraph 1 of this
Article, indicating the insurance periods completed under its applicable legislation, and
return the form to the examining institution. That institution shall send the completed
form to the other institutions involved, each of which shall determine entitlement under
its applicable legislation having regard to the provisions of Article 17 and shall state on
the form the notional and actual amounts of any benefit calculated in accordance with the
provisions of paragraphs 2 and 3 of Article 19 and, where appropriate, the amount of any
benefit which could be claimed, without applying the provisions of Articles 17 to 21
solely for the periods completed under the provisions of the applicable legislation. The
form, which should also contain information concerning the procedure for appeals,
including time limits, shall then be returned to the examining institution.
4. Where the examining institution has received all the information referred to
in paragraphs 2 and 3 of this Article, it shall determine entitlement under its applicable
legislation, having regard to the provisions of Article 17, and shall calculate the
notional and actual amounts of the benefit in accordance with the provisions of
paragraphs 2 and 3 of Article 19, and where appropriate, the amount of any benefit
which could be claimed without applying the provisions of Articles 17 to 21 solely for
the periods completed under its applicable legislation.
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ARTICLE 41
Payment to Claimants
1. If the examining institution determines that the claimant is entitled to benefit
under the provisions of its applicable legislation without reference to periods
completed under the provisions of the legislation of other Contracting Parties to which
the person concerned or the deceased person was subject, it shall make an immediate
payment of the benefit directly to the claimant on a provisional basis, subject to the
provisions of paragraph 6 of this Article.
2. Where the examining institution pays a benefit under paragraph 1 of this
Article, it shall deduct from the amount of such benefit the amount of benefit paid by
any other institution as soon as it is ascertained.
3. If, while a claim is being examined, an institution other than the examining
institution determines that the claimant is entitled to benefit in accordance with its
applicable legislation without having to take account of periods completed under the
provisions of the applicable legislation of other Contracting Parties to which the person
concerned or the deceased person was subject, it shall pay the claimant the benefit on
a provisional basis and advise the examining institution accordingly, without prejudice,
however, to the provisions of paragraph 2 of this Article.
4. Where an institution is required to pay a benefit under paragraphs 1 and 3 of
this Article, it shall pay only the highest rate of benefit, without prejudice, however, to
the provisions of paragraph 2 of this Article.
5. Where the examining institution does not pay a benefit under paragraph 1 of
this Article, and in cases where there might be delay, it shall make to the person
concerned a recoverable advance determined in accordance with the provisions of
paragraphs 1 to 3 of Article 19.
6. When the final settlement of the benefit claimed is determined, the examining
institution and other interested institutions shall adjust their accounts as regards the amount
of any provisional benefit paid or the advance made in accordance with the relevant
provisions or this Article and any sum overpaid by the said institutions may be deducted from
the amount of benefits they are required to pay to the person concerned.
ARTICLE 42
Consultations among Interested Institutions
After the examining institution has consulted with each of the interested institutions and
those institutions have agreed on the extent of their liability, the examining institution shall
inform the claimant of the component part of the total benefit payable by each institution
concerned. The examining institution shall also inform the claimant concerning the procedure
for appeals, including the limits prescribed by the applicable legislation.
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ARTICLE 43
Medical Supervision of Beneficiaries
1. If the recipient of any benefit referred to in Article 2 stays or resides in the
territory of a Contracting Party other than the competent jurisdiction, administrative
and medical supervision shall be exercised at the request of the competent institution
by the institution of the place of stay or residence in accordance with the rules
prescribed by the applicable legislation of the latter institution but the competent
institution may require the recipient to be examined by a medical practitioner of its
choice at its own expense.
2. If the supervision referred to in the preceding paragraph reveals that a
person receiving a benefit or payment by way of assistance is employed or has means in
excess of the prescribed limit, that information and any other information requested shall
be reported to the competent institution by the institution of the place of stay or residence.
ARTICLE 44
Resumption of Benefits
Where after the suspension of benefits which a person had been receiving, that person
becomes qualified again for benefits while residing in the territory of a Contracting Party
other than the competent jurisdiction, the institution concerned shall exchange all the
information necessary to enable the payment of benefits to be resumed.
ARTICLE 45
Payment of Benefit in Normal Case
The competent institution of a Contracting Party shall, in the normal case, pay a
benefit directly to a beneficiary residing in the territory of another Contracting Party, but
where in any particular case the competent institution of a Contracting Party pays a
benefit directly to the competent institution of another Contracting Party, the person
entitled to such benefit shall be informed accordingly.
ARTICLE 46
Notification of Change of Residence
Where the recipient of a benefit payable under the applicable legislation of one or
more Contracting Parties transfers the residence of the recipient from the territory of
one Contracting Party to that of another Contracting Party the recipient shall notify the
competent institution or institutions responsible for the payment of such benefit.
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UPDATED TO DECEMBER 31ST 2014
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National Insurance (Caricom Reciprocal Agreement on Social Security) Order [Subsidiary]
National Insurance Chap. 32:01 253
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L.R.O.
ARTICLE 47
Medical Examination of Pensioners
If the recipient of a pension stays or resides in the territory of a Contracting Party
other than that of the competent jurisdiction, administrative and medical supervision
and also such medical examinations as are necessary for the revision of pensions shall
be carried out at the request of the competent institutions by the institution of the place
of stay or residence in accordance with the rules in the applicable legislation of the
latter institution, but, the competent institution may require the recipient to be
examined by a doctor of its choice at its own expense.
ARTICLE 48
Co-operation by Institutions
The institution of the place of residence of a person who has received benefits that
were not payable to that person, or the institution designated by the competent authority
of the Contracting Party in the territory in which that person resides, shall co-operate
with the institution of any other Contracting Party which has paid such benefits if the
latter institution seeks recovery from the person in question.
ARTICLE 49
Co-operation in Recovering Excess Payments
Where the institution of a Contracting Party has paid to a beneficiary a sum in
excess of the beneficiary’s entitlement, that institution may request the institution of any
other Contracting Party responsible for the payment of corresponding benefits to that
person, to deduct the amount overpaid from the payments it is making to the beneficiary.
The latter institution shall withhold that amount to the extent to which such a deduction
is permissible under the provisions of its applicable legislation as if the overpayment had
been made by it and transfer the amount so withheld to the creditor institution.
ARTICLE 50
Co-operation in Recovering Advance Payments
Where the institution of a Contracting Party has made an advance payment of
benefits, it may request the institution of any other Contracting Party responsible for
payment of corresponding benefits to that person to deduct the amount of the advance
from the payments due to the person concerned. The latter institution shall transfer the
amount withheld to the creditor institution.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Caricom Reciprocal Agreement on Social Security) Order[Subsidiary]
254 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
ARTICLE 51
Payment of Benefits Pending Settlement of Disputes
In the event of a dispute between competent institutions or authorities of two or more
Contracting Parties concerning either the legislation applicable under Part II of this
Agreement, or the institution which is to provide the benefit, the person who would have
been able to claim the benefit in the absence of such a dispute shall provisionally receive
the benefit prescribed by the legislation which the institution of the place of residence is to
apply or, where the person does not reside in the territory of one of the Contracting Parties
concerned, by the legislation of the Contracting Party to which he was last subject. After
settlement of the dispute, the cost of the benefits paid provisionally shall be borne by the
institution declared liable to pay such benefits.
PART V
MISCELLANEOUS PROVISIONS
ARTICLE 52
Communications between Competent Authorities of
Contracting Parties
1. The competent authorities of Contracting Parties shall communicate to
each other—
(a) all information concerning measures taken by them for the
application of this Agreement;
(b) all information concerning their legislation which may affect the
application of this Agreement; and
(c) all statistical information concerning beneficiaries and the amount
of benefits paid under this Agreement.
2. For the purpose of the application of this Agreement, the competent
authorities and competent institutions of the Contracting Parties shall—
(a) assist one another as if they were applying their own legislation; and
(b) provide administrative assistance free of charge, but, the competent
authorities of the Contracting Parties may agree to reimburse
certain expenses.
3. For the purpose of the application of this Agreement, the competent
authorities and competent institutions of the Contracting Parties may communicate
directly with one another and with the persons concerned or their representatives.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Caricom Reciprocal Agreement on Social Security) Order [Subsidiary]
National Insurance Chap. 32:01 255
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L.R.O.
ARTICLE 53
Non-discrimination for Exemption from Taxes and Duties
Any exemption from, or reduction of, taxes, stamp duty, legal or registration costs
specified by the legislation of one Contracting Party with respect to the certificates,
documents or other documentary evidence to be submitted under the legislation of that
Party shall be extended to cover similar certificates, documents or other documentary
evidence to be submitted under the legislation of another Contracting Party or under
this Agreement.
ARTICLE 54
Time Limit for Submission of Application
1. If the claimant is resident in the territory of a Contracting Party other than
that of the competent jurisdiction, the claimant may validly submit the claim to the
institution of the claimant’s place of residence, which shall refer it to the competent
institution or institutions mentioned in the application.
2. Any claim, application, declaration or appeal which should have been made
under the legislation of a Contracting Party within a prescribed time to an authority,
institution or jurisdiction of that Party shall be admissible if it is submitted within the
same time to an authority, institution or jurisdiction of another Contracting Party. In
such an event, the authority, institution or jurisdiction receiving the claim, application,
declaration or appeal shall transmit it without delay to the competent authority,
institution or jurisdiction of the first Contracting Party, either directly or through the
competent authorities of the Contracting Parties concerned. The date on which any
claim, application, declaration or appeal was submitted to an authority, institution or
jurisdiction of the second Contracting Party shall be deemed to be the date on which it
was lodged with the competent authority, institution or jurisdiction.
ARTICLE 55
Investigations and Medical Examinations
Investigations or medical examinations prescribed by the legislation of one
Contracting Party may, at the request of the institution which administers such
legislation, be carried out in the territory of another Contracting Party by the institution
of the place of stay or residence, and in such a case they shall be deemed to have been
made in the territory of the first Contracting Party.
ARTICLE 56
Currency of Payment
1. Competent institutions shall discharge their financial obligations under this
Agreement in their national currencies, subject to paragraph 2 hereof.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Caricom Reciprocal Agreement on Social Security) Order[Subsidiary]
256 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
2. Where under this Agreement a competent institution is required to pay a
benefit to a beneficiary resident in the territory of another Contracting Party or to
another competent institution in such territory, it shall discharge its obligation in the
currency of such other Contracting Party.
3. In the application of paragraph 2 hereof, the conversion rate shall be the rate
of exchange in effect on the date of payment.
4. The benefit shall be paid to beneficiaries free from any deductions for
administrative or other expenses.
ARTICLE 57
Disputes Settlement
1. Any dispute arising between two or more Contracting Parties concerning the
interpretation or application of this Agreement shall first be subject to negotiation
between the Contracting Parties concerned.
2. Where the dispute is not settled within three months from the request for
commencement of negotiations as set out in paragraph 1, the dispute shall be submitted
to arbitration on the written request of any of the Contracting Parties. Such request shall
be addressed to the Secretary-General who shall promptly notify the parties to the
dispute of the receipt of the request for arbitration.
3. Any dispute to be submitted to arbitration shall be referred to a tribunal
consisting of three arbitrators. Each party to the dispute shall appoint an arbitrator and
the two arbitrators so appointed shall appoint the third arbitrator who shall be the
chairman. The chairman must be a person with legal qualifications.
4. For the purpose of appointing a tribunal referred to in the preceding
paragraph, a list of arbitrators consisting of persons experienced in the practice of
social security shall be drawn up and maintained by the Secretary-General. To this end,
every Contracting Party shall be invited to nominate two persons and the names of the
persons so nominated shall constitute the list. The term of an arbitrator, including that
of any arbitrator nominated to fill a vacancy, shall be three years and may be renewed.
The chairman need not be appointed from the list.
5. If within thirty days following the date of notification by the Secretary-General
in accordance with paragraph 2 of this Article, either party fails to appoint an arbitrator,
any party may request the Secretary-General to appoint the other arbitrator. If within
fifteen days of the appointment of the last of the two arbitrators the chairman has not been
appointed, either party may request the Secretary-General to appoint the chairman.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Caricom Reciprocal Agreement on Social Security) Order [Subsidiary]
National Insurance Chap. 32:01 257
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L.R.O.
6. Where more than two Contracting Parties are parties to a dispute, the parties
concerned shall agree among themselves on the arbitrators to be appointed from the list.
In the absence of such an appointment within the prescribed period, the Secretary-
General shall appoint a sole arbitrator whether from the list or otherwise for the purpose.
7. The arbitral tribunals so established shall make a determination within ninety
days from the date of their constitution. The decision of a sole arbitrator or of a
majority in other cases shall be accepted by the parties to the dispute as final.
8. The procedure of the tribunal shall be determined by the arbitrators but the
chairman shall be empowered to settle all questions of procedure in any case where
there is disagreement.
9. The parties to a dispute shall bear the cost of the arbitration equally.
PART VI
TRANSITIONAL AND FINAL PROVISIONS
ARTICLE 58
Entitlement before Agreement is in Force
1. Subject to paragraph 3, where title to benefit arose before the entry into force
of this Agreement, the benefits payable under such title shall be dealt with under the
appropriate national legislation.
2. Every insurance period completed under the applicable legislation of a
Contracting Party before the date on which this Agreement enters into force shall be
taken into account for the purpose of determining rights under it.
3. Any benefit which has not been assessed or paid or which has been
suspended on account of the residence of the person concerned in the territory of any
Contracting Party other than that of the territory where the institution liable to pay the
benefit is located, shall, by the request of the person concerned, be assessed and paid,
or its suspension terminated as from the date this Agreement enters into force.
4. Where the request referred to in the preceding paragraph is made within two
years of the date on which this Agreement enters into force, entitlement and rights
arising in accordance with the provisions of this Agreement shall be acquired as from
that date, and no provision to the contrary in the applicable legislation of any
Contracting Party with respect to entitlement or rights lapsing or becoming statute-
barred shall apply to the person concerned.
5. Where the request referred to in paragraph 3 is made more than two years
after the date on which this Agreement enters into force, any entitlement or rights
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Caricom Reciprocal Agreement on Social Security) Order[Subsidiary]
258 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
which are not held to be statute-barred or to have lapsed shall be payable only from the
date on which the request was made, unless there are more favourable provisions in the
applicable legislation of the Contracting Party concerned.
ARTICLE 59
Entitlement to Sign and Ratify, Accept or Accede
1. This Agreement shall be open for signature by the Members of the Caribbean
Community and shall be subject to ratification or acceptance. Instruments of ratification
or acceptance shall be deposited with the Secretary-General.
2. The Agreement shall enter into force on the first day of the third month
following that in which the third instrument of ratification or acceptance is deposited
with the Secretary-General.
3. Countries ratifying or accepting the Agreement after its entry into force shall
become parties thereto one month following the deposit of an appropriate instrument
of ratification or acceptance.
4. Countries mentioned in paragraph 1 may accede to the Agreement at any
time. Accession shall take effect one month following the deposit of an appropriate
instrument of accession.
ARTICLE 60
Participation by other Countries
1. After the entry into force of this Agreement, the Contracting Parties may, by
unanimous vote, invite any other country to accede to it.
2. Accession shall be effected by the deposit of any appropriate instrument of
accession with the Secretary-General and shall take effect three months after the date
of such deposit.
ARTICLE 61
Amendments
1. This Agreement may be amended by a two-thirds majority vote of the
Contracting Parties.
2. Any such amendment shall enter into force three months thereafter without
prejudice to any rights accruing to an insured person or persons claiming through such
insured person prior to the amendment.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Caricom Reciprocal Agreement on Social Security) Order [Subsidiary]
National Insurance Chap. 32:01 259
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L.R.O.
ARTICLE 62
Review of the Agreement
The Contracting Parties may review this Agreement three years after its entry into force.
ARTICLE 63
Denunciation
1. Any Contracting Party may denounce this Agreement not less than five years
after its entry into force for that Contracting Party by giving notice in writing to that
effect to the Secretary-General and withdraw therefrom.
2. Withdrawal shall take effect six months after the date of the written notice
mentioned in paragraph 1.
ARTICLE 64
Depository
The Secretary-General shall perform all depository functions in relation to
this Agreement.
ARTICLE 65
Termination
1. This Agreement shall terminate if at any time less than three Contracting
Parties continue to participate in the regime established by this Agreement. In the
absence of such termination, this Agreement shall remain in force indefinitely.
2. In the event of withdrawal from or termination of this Agreement, all
rights acquired thereunder shall be maintained and negotiations shall take place for
the settlement of any rights then in the course of acquisition by operation of the
provisions hereof.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
260 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
21/1999.
Citation.
Interpretation.
First Schedule.
Second
Schedule.
Ch. 32:01
amended.
NATIONAL INSURANCE (AGREEMENT AND
ADMINISTRATIVE ARRANGEMENT ON
SOCIAL SECURITY BETWEEN CANADA
AND TRINIDAD AND TOBAGO) ORDER
made under section 69
1. This Order may be cited as the National Insurance
(Agreement and Administrative Arrangement on Social Security
between Canada and Trinidad and Tobago) Order.
2. In this Order—
“Agreement” means the Agreement on Social Security between
the Republic of Trinidad and Tobago and Canada set out in
the First Schedule;
“Administrative Arrangement” means the Administrative
Arrangement on Social Security between the Republic
of Trinidad and Tobago and Canada set out in the
Second Schedule.
3. The National Insurance Act and the Subsidiary
Legislation made thereunder, in respect of—
(a) retirement benefit;
(b) invalidity benefit;
(c) survivor’s benefit;
(d) death benefit; and
(e) funeral grant,
are, to the extent to which they are affected by the Agreement
and the Administrative Arrangement, deemed to be amended to
give effect to the Agreement and the Administrative Arrangement.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Agreement and Administrative Arrangement on
Social Security between Canada and Trinidad and Tobago) Order
[Subsidiary]
National Insurance Chap. 32:01 261
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
FIRST SCHEDULE
AGREEMENT ON SOCIAL SECURITY
BETWEEN
THE GOVERNMENT OF CANADA
AND
THE GOVERNMENT OF THE REPUBLIC OF
TRINIDAD AND TOBAGO
THE GOVERNMENT OF CANADA
AND
THE GOVERNMENT OF THE REPUBLIC OF TRINIDAD AND TOBAGO
hereinafter referred to as “the Parties”,
RESOLVED to co-operate in the field of social security,
HAVE DECIDED to conclude an agreement for this purpose, and
HAVE AGREED AS FOLLOWS:
PART I
GENERAL PROVISION
ARTICLE I
Definitions
1. For the purposes of this Agreement—
“benefit” means, as regards a Party, any cash benefit, pension or allowance for which
provision is made in the legislation of that Party and includes any supplements or
increases applicable to such a cash benefit, pension or allowance; however, for the
purposes of Articles VIII, IX and X “benefit” does not include a grant payable
under the legislation of Trinidad and Tobago;
“competent authority” means, as regards Canada, the Minister or Ministers responsible for
the application of the legislation of Canada; and, as regards Trinidad and Tobago, the
Minister through whom general directions of the Government are given to the Board
as provided in the legislation of Trinidad and Tobago;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Agreement and Administrative Arrangement on
Social Security between Canada and Trinidad and Tobago) Order
[Subsidiary]
262 Chap. 32:01 National Insurance
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“competent institution” means, as regards Canada, the competent authority; and, as
regards Trinidad and Tobago, the Board of Management established under the
National Insurance Act (Ch. 32:01);
“creditable period” means, as regards a Party, a period of contributions, whether paid
or credited, or a period of residence used to acquire the right to a benefit under the
legislation of that Party; as regards Canada, it also means a period during which a
disability pension is payable under the Canada Pension Plan;
“government employment” means, as regards Trinidad and Tobago, employment in the
service of the Government of Trinidad and Tobago including local government
authorities and the Tobago House of Assembly, or in the service of any Statutory
Boards, State Corporations or Companies registered under the Companies Act of
Trinidad and Tobago being companies in which the Government of Trinidad and
Tobago or an agency of the Government of Trinidad and Tobago holds not less
than fifty-one per cent (51%) of the voting shares; and, as regards Canada, service
in the employment of the Government of Canada, a province of Canada or a
Canadian municipality;
“legislation” means, as regards a Party, the laws and regulations specified in
Article II(1) with respect to that Party;
“territory” means, as regards Canada, the territory of Canada; and, as regards Trinidad
and Tobago, the territory of Trinidad and Tobago.
2. Any term not defined in this Article has the meaning assigned to it in the
applicable legislation.
ARTICLE II
Legislation to which the Agreement Applies
1. This Agreement shall apply to the following legislation:
(a) with respect to Canada—
(i) the Old Age Security Act and the Regulations made
thereunder; and
(ii) the Canada Pension Plan and the Regulations
made thereunder;
(b) with respect to Trinidad and Tobago: the National Insurance Act
(Ch. 32:01) and the Regulations made thereunder, as they relate to—
(i) retirement benefit;
(ii) invalidity benefit;
(iii) survivor’s benefit;
(iv) death benefit; and
(v) funeral grant.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Agreement and Administrative Arrangement on
Social Security between Canada and Trinidad and Tobago) Order
[Subsidiary]
National Insurance Chap. 32:01 263
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L.R.O.
2. With regard to Part II only, this Agreement shall apply to all aspects of
the National Insurance Act (Ch. 32:01) of Trinidad and Tobago and the Regulations
made thereunder.
3. Subject to paragraph 4, this Agreement shall also apply to laws and
regulations which amend, supplement, consolidate or supersede the legislation
specified in paragraphs 1 and 2.
4. This Agreement shall apply to laws and regulations which extend the
legislation of a Party to new categories of beneficiaries or to new benefits unless an
objection on the part of that Party has been communicated to the other Party not later
than 3 months following the entry into force of such laws and regulations.
ARTICLE III
Persons to Whom the Agreement Applies
This Agreement shall apply to—
(a) any person who is or has been subject to the legislation of one or
both of the Parties;
(b) any other person with respect to the rights he or she derives from a
person described in subparagraph (a).
ARTICLE IV
Equality of Treatment
Any person described in Article III who is or has been subject to the legislation of
a Party shall be subject to the obligations of the legislation of the other Party and shall
be eligible for the benefits of that legislation under the same conditions as citizens of
the latter Party.
ARTICLE V
Exports of Benefits
1. Unless otherwise provided in this Agreement, benefits payable under the legislation
of a Party to any person described in Article III, including benefits acquired by virtue of this
Agreement, shall not be subject to any reduction, modification, suspension, cancellation or
confiscation by reason only of the fact that the person resides in the territory of the other Party,
and they shall be paid in the territory of the other Party.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Agreement and Administrative Arrangement on
Social Security between Canada and Trinidad and Tobago) Order
[Subsidiary]
264 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
2. Benefits payable under this Agreement to a person described in Article III in
the territory of the other Party shall also be payable in the territory of a third State.
PART II
PROVISIONS CONCERNING
THE APPLICABLE LEGISLATION
ARTICLE VI
Rules Regarding Coverage
1. Subject to the following provisions of this Article:
(a) an employed person who works in the territory of one Party shall,
in respect of that work, be subject only to the legislation of that
Party; and
(b) a self-employed person who ordinarily resides in the territory of
one Party and who works for his or her own account in the territory
of the other Party or in the territories of both Parties shall, in respect
of that work, be subject only to the legislation of the first Party.
2. An employed person who is subject to the legislation of a Party and who
performs services in the territory of the other Party for the same employer shall, in
respect of those services, be subject only to the legislation of the first Party as though
those services were performed in its territory. In the case of an assignment, this
coverage may not be maintained for more than 60 months without the prior consent of
the competent authorities of both Parties.
3. (a) Paragraph 2 shall apply to a person who is sent to work on an
installation situated in the continental shelf area of a Party in
connection with the exploration of the seabed and sub-soil of that
area or the exploitation of its mineral resources, as though that
installation were situated in the territory of that Party.
(b) For the purposes of this Article, the continental shelf area of a Party
includes every area beyond the territorial seas of that Party that, in
accordance with international law and the laws of that Party, is an
area in respect of which that Party may exercise rights with respect
to the seabed and sub-soil and their natural resources.
4. A person who, but for this Agreement, would be subject to the legislation
of both Parties in respect of employment as a member of the crew of a ship shall, in
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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National Insurance (Agreement and Administrative Arrangement on
Social Security between Canada and Trinidad and Tobago) Order
[Subsidiary]
National Insurance Chap. 32:01 265
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L.R.O.
respect of that employment, be subject only to the legislation of Canada if he or she
ordinarily resides in the territory of Canada and only to the legislation of Trinidad and
Tobago in any other case.
5. An employed person shall, in respect of the duties of a government
employment performed in the territory of the other Party, be subject to the legislation
of the latter Party only if he or she is a citizen thereof or ordinarily resides in its
territory. In the latter case, that person may, however, elect to be subject only to the
legislation of the first Party if he or she is a citizen thereof.
6. The competent authorities of the Parties may, by common agreement, modify
the application of the provisions of this Article with respect to any persons or categories
of persons.
ARTICLE VII
Definition of Certain Periods of Residence with Respect to the
Legislation of Canada
1. For the purpose of calculating the amount of benefits under the Old Age
Security Act—
(a) if a person is subject to the Canada Pension Plan or to the
comprehensive pension plan of a province of Canada during any
period of presence or residence in the territory of Trinidad and Tobago,
that period shall be considered as a period of residence in Canada for
that person as well as for that person’s spouse and dependants who
reside with him or her and who are not subject to the legislation of
Trinidad and Tobago by reason of employment or self-employment;
(b) if a person is subject to the legislation of Trinidad and Tobago during
any period of presence or residence in the territory of Canada, that
period shall not be considered as a period of residence in Canada for
that person and for that person’s spouse and dependants who reside
with him or her and who are not subject to the Canada Pension Plan
or to the comprehensive pension plan of a province of Canada by
reason of employment or self-employment; and
(c) if a person who is ordinarily resident in the territory of Trinidad and
Tobago is present and employed in the territory of Canada and, in
respect of that employment, is subject to the Canada Pension Plan
or to the comprehensive pension plan of a province of Canada, the
period of presence and employment in Canada shall, only for
purposes of this Agreement, be considered as a period of residence
in Canada.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Agreement and Administrative Arrangement on
Social Security between Canada and Trinidad and Tobago) Order
[Subsidiary]
266 Chap. 32:01 National Insurance
LAWS OF TRINIDAD AND TOBAGO
2. In the application of paragraph 1:
(a) a person shall be considered to be subject to the Canada Pension
Plan or to the comprehensive pension plan of a province of Canada
during a period of presence or residence in the territory of Trinidad
and Tobago only if that person makes contributions pursuant to the
plan concerned during that period by reason of employment or self-
employment;
(b) a person shall be considered to be subject to the legislation of
Trinidad and Tobago during a period of presence or residence in the
territory of Canada only if that person makes compulsory
contributions pursuant to that legislation during that period by
reason of employment or self-employment; and
(c) subparagraph 1(c) shall apply only in respect of periods after the
date of entry into force of this Agreement.
PART III
PROVISIONS CONCERNING BENEFITS
CHAPTER 1
TOTALISING
ARTICLE VIII
Periods under the Legislation of Canada and
Trinidad and Tobago
1. Subject to paragraphs 5 and 6, if a person is not entitled to the payment
of a benefit because he or she has not completed sufficient creditable periods under
the legislation of a Party, the entitlement of that person to the payment of that
benefit shall be determined by totalising these periods and those specified in
paragraphs 2, 3 and 4, provided that the periods do not overlap.
2. (a) For the purposes of determining entitlement to the payment of a
benefit under the Old Age Security Act of Canada, a creditable
period under the legislation of Trinidad and Tobago shall be
considered as a period of residence in the territory of Canada.
(b) For purposes of determining entitlement to the payment of a
benefit under the Canada Pension Plan, a calendar year including
at least thirteen weeks which are creditable under the legislation
of Trinidad and Tobago shall be considered as a year for which
contributions have been made under the Canada Pension Plan.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
National Insurance (Agreement and Administrative Arrangement on
Social Security between Canada and Trinidad and Tobago) Order
[Subsidiary]
National Insurance Chap. 32:01 267
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L.R.O.
3. For purposes of determining entitlement to the payment of a retirement
benefit under the legislation of Trinidad and Tobago—
(i) when the calendar year 1972 is a creditable period under the
Canada Pension Plan, it shall be considered as forty weeks
for which contributions have been paid under the legislation
of Trinidad and Tobago;
(ii) a year commencing on or after January 1, 1973 which is a
creditable period under the Canada Pension Plan shall be
considered as fifty-two weeks for which contributions have
been paid under the legislation of Trinidad and Tobago;
(iii) a week commencing on or after April 10, 1972 which is a
creditable period under the Old Age Security Act of Canada
and which is not part of a creditable period under the Canada
Pension Plan shall be considered as a week for which
contributions have been paid under the legislation of
Trinidad and Tobago.
4. For the purposes of determining entitlement to the payment of a survivors’
benefit under the legislation of Trinidad and Tobago—
(i) when the calendar year 1972 is a creditable period under the
Canada Pension Plan, it shall be considered as forty weeks
for which contributions have been paid under the legislation
of Trinidad and Tobago;
(ii) a year commencing on or after January 1, 1973 which is a
creditable period under the Canada Pension Plan shall be
considered as fifty-two weeks for which contributions have
been paid under the legislation of Trinidad and Tobago.
5. In any case to which paragraph 3 or 4 applies, creditable periods under the
legislation of Canada shall be taken into account only to the extent necessary to establish
entitlement to the payment of a benefit under the legislation of Trinidad and Tobago.
6. For greater certainty, paragraph 1 shall not apply for determining entitlement
of a person to a disability pension under the Canada Pension Plan or an invalidity
benefit under the legislation of Trinidad and Tobago.
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ARTICLE IX
Periods under the Legislation of a Third State
If a person is not entitled to the payment of a benefit on the basis of the creditable
periods under the legislation of the Parties, totalised as provided in Article VIII, the
entitlement of that person to the payment of that benefit shall be determined by
totalising these periods and creditable periods under the legislation of a third State with
which both Parties are bound by separate social security instruments which provide for
totalising of periods.
ARTICLE X
Minimum Period to be Totalised
Notwithstanding any other provision of this Agreement, if the total duration of the
creditable periods accumulated by a person under the legislation of a Party is less than
one year and if, taking into account only those periods, no right to a benefit exists under
that legislation, the competent institution of that Party shall not be required to award
benefits to that person in respect of those periods by virtue of this Agreement.
CHAPTER 2
BENEFITS UNDER THE LEGISLATION OF CANADA
ARTICLE XI
Benefits under the Old Age Security Act
1. If a person is entitled to the payment of an Old Age Security pension or
a spouse’s allowance solely through the application of the totalising provisions of
Chapter 1, the competent institution of Canada shall calculate the amount of the
pension or spouse’s allowance payable to that person in conformity with the provisions
of the Old Age Security Act governing the payment of a partial pension or a spouse’s
allowance, exclusively on the basis of the periods of residence which may be
considered under that Act.
2. Paragraph 1 shall also apply to a person outside Canada who would be
entitled to the payment of a full pension in Canada but who has not resided in Canada
for the minimum period required by the Old Age Security Act for entitlement to the
payment of a pension outside Canada.
3. Notwithstanding any other provision of this Agreement—
(a) an Old Age Security pension shall be paid to a person who is
outside Canada only if that person’s periods of residence, when
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totalised as provided in Chapter 1, are at least equal to the minimum
period of residence in Canada required by the Old Age Security Act
for entitlement to a pension outside Canada; and
(b) a spouse’s allowance and a guaranteed income supplement shall be
paid to a person who is outside Canada only to the extent permitted
by the Old Age Security Act.
ARTICLE XII
Benefits under the Canada Pension Plan
If a person is entitled to the payment of a benefit solely through the application of
the totalising provisions of Chapter 1, the competent institution of Canada shall
calculate the amount of the benefit payable to that person in the following manner:
(a) the earnings-related portion of such benefit shall be determined in
conformity with the provisions of the Canada Pension Plan,
exclusively on the basis of the pensionable earnings under that
Plan; and
(b) the flat-rate portion of the benefit shall be determined
by multiplying—
(i) the amount of the flat-rate portion of the benefit determined
in conformity with the provisions of the Canada Pension
Plan; by
(ii) the fraction which represents the ratio of the periods of
contributions to the Canada Pension Plan in relation to the
minimum qualifying period required under that Plan to
establish entitlement to that benefit, but in no case shall that
fraction exceed the value of one.
CHAPTER 3
BENEFITS UNDER THE LEGISLATION OF
TRINIDAD AND TOBAGO
ARTICLE XIII
Calculating the Amount of Benefit Payable
1. If a person is not entitled to a retirement pension or a survivor’s benefit solely
on the basis of the periods creditable under the legislation of Trinidad and Tobago, but
is entitled to that pension or benefit through the application of the totalising provisions
of Chapter 1, the competent institution of Trinidad and Tobago shall calculate the value
of benefit payable in the following manner:
(a) it shall first establish the rate of a retirement pension or a
survivor’s benefit which would be payable if the person qualified
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for the benefit on the basis of creditable periods completed under
the legislation of Trinidad and Tobago alone;
(b) it shall then multiply that rate by the fraction which represents the
ratio of the actual creditable periods under the legislation of
Trinidad and Tobago in relation to the minimum creditable period
required to establish entitlement to that benefit under that
legislation; that is to say,
Actual creditable periods
under the legislation of
Trinidad and Tobago
x
Minimum creditable periods
required for benefit under the
legislation of Trinidad and
Tobago
2. Notwithstanding any other provision of this Agreement, where a retirement
grant is payable under the legislation of Trinidad and Tobago, but entitlement to a
retirement pension under that legislation can be established through the application of the
totalising provisions of Chapter 1, the pension shall be paid in lieu of the grant.
3. Where a retirement grant was paid under the legislation of Trinidad and Tobago in
respect of an event which happened before the date of entry into force of this Agreement, and
where entitlement to a retirement pension under that legislation is subsequently established
through the application of the totalising provisions of Chapter 1, the competent institution of
Trinidad and Tobago shall deduct from any retirement pension payable any amount previously
paid in the form of a retirement grant.
4. Notwithstanding any provision of the legislation of Trinidad and Tobago
regarding the time for submission of a claim for benefit, a retirement pension shall be
payable provided that:
(a) the entitlement to the payment of that pension is established solely
through the application of the totalising provisions of Chapter 1; and
(b) the claim is submitted within one year of the date of entry into force
of this Agreement or of the date of entitlement to a retirement
pension, whichever is later.
Rate of Benefit
established at =
subparagraph (a)
Value of
benefit
payable
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PART IV
ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS
ARTICLE XIV
Administrative Arrangement
1. The competent authorities of the Parties shall establish, by means of an
administrative arrangement, the measures necessary for the application of this Agreement.
2. The liaison agencies of the Parties shall be designated in that arrangement.
ARTICLE XV
Exchange of Information and Mutual Assistance
1. The competent authorities and institutions responsible for the application of
this Agreement—
(a) shall, to the extent permitted by the legislation which they
administer, communicate to each other any information necessary
for the application of this Agreement;
(b) shall lend their good offices and furnish assistance to one another
with regard to the determination of entitlement to, or payment of
any benefit under this Agreement, or the legislation to which this
Agreement applies, as if the matter involved the application of their
own legislation; and
(c) shall communicate to each other, as soon as possible, all
information about the measures taken by them for the application of
this Agreement or about changes in their respective legislation in so
far as these changes affect the application of this Agreement.
2. The assistance referred to in subparagraph 1(b) shall be provided free of
charge, subject to any provision contained in an administrative arrangement concluded
pursuant to Article XIV for the reimbursement of certain types of expenses.
3. Unless disclosure is required under the laws of a Party, any information about
a person which is transmitted in accordance with this Agreement to that Party by the
other Party is confidential and shall be used only for purposes of implementing this
Agreement and the legislation to which this Agreement applies.
ARTICLE XVI
Exemption or Reduction of Taxes, Dues, Fees or Charges
Any exemption from or reduction of taxes, legal dues, consular fees or
administrative charges for which provision is made in the legislation of a Party in
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connection with the issuing of any certificate or document required to be produced for
the application of that legislation shall be extended to certificates or documents
required to be produced for the application of the legislation of the other Party.
Any documents of an official nature required to be produced for the application
of this Agreement shall be exempt from any authentication by diplomatic or consular
authorities and similar formality.
ARTICLE XVII
Language of Communication
For the application of this Agreement, the competent authorities and institutions
of the Parties may communicate directly with one another in any of the official
languages of either Party.
ARTICLE XVIII
Submitting Claims, Notices or Appeals
1. Any claim, notice or appeal concerning the determination or payment of a
benefit under the legislation of a Party which should, for the purposes of that
legislation, have been presented within a prescribed period to a competent authority or
institution of that Party, but which is presented within the same period to an authority
or institution of the other Party, shall be treated as if it had been presented to the
competent authority or institution of the first Party.
2. Subject to the second sentence of this paragraph, a claim for a benefit under
the legislation of a Party made after the coming into force of the Agreement shall be
deemed to be a claim for the corresponding benefit under the legislation of the other
Party, provided that the applicant at the time of application—
(a) requests that it be considered an application under the legislation of
the other Party; or
(b) provides information indicating that creditable periods have been
completed under the legislation of the other Party.
The preceding sentence shall not apply if the applicant requests that his or her
claim to the benefit under the legislation of the other Party be delayed.
3. In any case to which paragraph 1 or 2 applies, the authority or institution to
which the claim, notice or appeal has been submitted shall transmit it without delay to
the authority or institution of the other Party.
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ARTICLE XIX
Payment of Benefits
1. (a) The competent institution of Canada shall discharge its obligations
under this Agreement in the currency of Canada.
(b) The competent institution of Trinidad and Tobago shall discharge its
obligations under this Agreement—
(i) in respect of a beneficiary resident in Trinidad and Tobago,
in the currency of Trinidad and Tobago;
(ii) in respect of a beneficiary resident in Canada, in the
currency of Canada; and
(iii) in respect of a beneficiary resident in a third State, in any
currency freely convertible in that State.
2. In the application of subparagraphs 1(b)(ii) and (iii), the conversion rate shall
be the rate of exchange in effect on the day when the purchase is made.
3. Benefits shall be paid to beneficiaries free from any deduction for
administrative expenses that may be incurred in paying the benefits.
ARTICLE XX
Resolution of Difficulties
1. The competent authorities of the Parties shall resolve, to the extent possible,
any difficulties which arise in interpreting this Agreement according to its spirit and
fundamental principles.
2. If within six months from the date the matter first arose the difficulty cannot
be resolved, it shall be submitted at the request of one or both of the Parties to an
arbitration Commission.
3. Unless the Parties mutually determine otherwise, the Commission shall
consist of three arbitrators of whom each Party shall appoint one and the two arbitrators
so appointed shall appoint a third who shall act as President; provided that, in default
of agreement, the President of the International Court of Justice shall be requested to
appoint the President.
4. The Commission shall determine its own procedures.
5. The decision of the Commission shall be final and binding.
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ARTICLE XXI
Understandings with a Province of Canada
The relevant authority of Trinidad and Tobago and a province of Canada may
conclude understandings concerning any social security matter within provincial
jurisdiction in Canada in so far as those understandings are not inconsistent with the
provisions of this Agreement.
PART V
TRANSITIONAL AND FINAL PROVISIONS
ARTICLE XXII
Transitional Provisions
1. Any creditable period completed before the date of entry into force of this
Agreement shall be taken into account for the purpose of determining the right to a
benefit under the Agreement.
2. No provision of this Agreement shall confer any right to receive payment of
a benefit for a period before the date of entry into force of the Agreement.
3. Subject to paragraph 2, a benefit, other than a lump sum payment, shall be
paid under this Agreement in respect of events which happened before the date of entry
into force of the Agreement.
ARTICLE XXIII
Duration and Termination
1. This Agreement shall remain in force without any limitation on its duration.
It may be terminated at any time by either Party giving twelve months’ notice in writing
to the other Party.
2. In the event of the termination of this Agreement, any right acquired by a
person in accordance with its provisions shall be maintained and negotiations shall
take place for the settlement of any rights then in course of acquisition by virtue of
those provisions.
3. With the entry into force of this Agreement, it shall supersede the
Agreement between the Government of Canada and the Government of Trinidad and
Tobago relating to the Canada Pension Plan, signed in Ottawa on April 26, 1977.
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ARTICLE XXIV
Entry into Force
This Agreement shall enter into force, after the conclusion of the administrative
arrangement referred to in Article XIV, on the first day of the fourth month following
the month in which each Party shall have received from the other Party written
notification that it has complied with all statutory requirements for the entry into force
of this Agreement.
In WITNESS WHEREOF, the undersigned, being duly authorised thereto by their
respective Governments, have signed this Agreement.
DONE in two copies at Port-of-Spain, this 9th day of April 1997, in the English and
French languages, each text being equally authentic.
FOR THE GOVERNMENT FOR THE GOVERNMENT
OF THE REPUBLIC OF OF CANADA
TRINIDAD AND TOBAGO
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SECOND SCHEDULE
ADMINISTRATIVE ARRANGEMENT
FOR THE IMPLEMENTATION
OF THE AGREEMENT ON SOCIAL SECURITY
BETWEEN
THE GOVERNMENT OF THE REPUBLIC
OF TRINIDAD AND TOBAGO
AND
THE GOVERNMENT OF CANADA
SIGNED AT PORT-OF-SPAIN
ON
THIS 9TH DAY OF APRIL 1997
PURSUANT to Article XIV of the Agreement on Social Security between the
Government of the Republic of Trinidad and Tobago and the Government of Canada,
signed at Port-of-Spain on this 9th day of April 1997, the competent authorities:
for Trinidad and Tobago,
the Minister of Social Development
for Canada,
the Minister of Human Resources Development
HAVE AGREED ON THE FOLLOWING PROVISIONS:
PART I
GENERAL PROVISIONS
PARAGRAPH 1
Definitions
1. For the purposes of this Administrative Arrangement, “Agreement” means
the Agreement on Social Security between the Government of Canada and the
Government of the Republic of Trinidad and Tobago, signed at Port-of-Spain on this
9th day of April 1997.
2. Any other term will have the meaning given to it in the Agreement.
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PARAGRAPH 2
Liaison Agencies
Pursuant to Article XIV of the Agreement, the following are designated as
liaison agencies:
for Canada:
(a) for any questions with the exception of the application of Part II of
the Agreement and of Part II of this Administrative Arrangement
(Provisions concerning the applicable legislation), the International
Operations Division, Income Security Programs Branch, Department
of Human Resources Development; and
(b) for any questions relating to the application of Part II of the
Agreement and Part II of this Administrative Arrangement, the
Source Deductions Division, Department of National Revenue,
for Trinidad and Tobago, the Board of Management of the National Insurance Board.
PART II
PROVISIONS CONCERNING THE
APPLICABLE LEGISLATION
PARAGRAPH 3
1. In cases involving assignments, elections or modifications, as provided for in
paragraphs 2, 5 and 6, respectively, of Article VI of the Agreement, the liaison agency
of the Party whose legislation applies will, on request, issue a certificate of fixed
duration certifying, in respect of the work in question, that the employed person and
that person’s employer are subject to that legislation.
2. (a) the consent referred to in paragraph 2 of Article VI of the Agreement
must be requested before the end of the current term of coverage;
(b) the election referred to in paragraph 5 of Article VI of the
Agreement must be made by giving notice thereof within six
months after the duties are undertaken or, if the employed person is
already performing the duties at the date of the entry into force of
the Agreement, within six months after that date; and
(c) such requests and notices must be directed to the liaison agency of
the Party whose legislation is to apply.
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3. In the case of government employment described in paragraph 5 of
Article VI of the Agreement, the employer in question will respect all the requirements
prescribed for all other employers by the applicable legislation.
4. The certificates referred to in subparagraph 1 will be issued on forms that are
acceptable to the liaison agency of the other Party. The employed person in question as
well as that person’s employer and the liaison agency of the other Party will be entitled
to receive a copy.
PART III
PROVISIONS CONCERNING BENEFITS
PARAGRAPH 4
Processing an Application
1. If the liaison agency of a Party receives a claim for a benefit under the
legislation of the other Party, it will, without delay, send the claim to the liaison agency
of the other Party.
2. Along with the claim, the liaison agency of the first Party will also transmit
any documentation available to it which may be necessary for the competent institution
of the other Party to establish the entitlement of the claimant to the benefit.
3. The personal information regarding an individual contained in the claim will
be duly certified by the liaison agency of the first Party which will confirm that the
information is corroborated by documentary evidence; the transmission of the form so
certified will exempt the liaison agency from sending the corroboratory documents.
The type of information to which this subparagraph applies will be agreed upon by the
liaison agencies of the Parties.
4. In addition to the claim and documentation referred to in subparagraphs 1
and 2, the liaison agency of the first Party will send to the liaison agency of the other
Party a liaison form which will indicate, in particular, the creditable periods under the
legislation of the first Party. The liaison agencies of the Parties will, by common
agreement, prescribe the liaison forms which each will use for this purpose.
5. The competent institution of the other Party will subsequently determine the
claimant’s eligibility and, through its liaison agency, notify the liaison agency of the
first Party of the benefits, if any, granted to the claimant.
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6. The liaison agencies of the Parties will, by common agreement, prescribe the
forms on which a claim described in subparagraph 1 may be submitted. The liaison
agency of a Party may refuse to accept a claim for a benefit under the legislation of the
other Party if that claim is not submitted on the prescribed form.
PARAGRAPH 5
Medical Examinations
1. The liaison agency of a Party will, to the extent permitted by the legislation
which it administers, provide, upon request, to the liaison agency of the other Party
such medical information and documentation as are available concerning the disability
of a claimant or beneficiary.
2. If the competent institution of a Party requires that a claimant or a beneficiary
who resides in the territory of the other Party undergo a medical examination, the
liaison agency of the latter Party, at the request of the liaison agency of the first Party,
will make arrangements for carrying out this examination according to the rules applied
by the liaison agency making the said arrangements and at the expense of the agency
which requests the medical examination.
3. On receipt of a detailed statement of the costs incurred, the liaison agency of
the first Party will, without delay, reimburse the liaison agency of the other Party for
the amounts due as a result of applying the provisions of subparagraph 2.
PARAGRAPH 6
Exchange of Statistics
The competent institutions of the Parties will exchange statistics on an annual
basis regarding the payments which each has made under the Agreement. These
statistics will include data on the number of beneficiaries and the total amount of
benefits paid, by type of benefit.
PART IV
MISCELLANEOUS PROVISIONS
PARAGRAPH 7
Forms and Detailed Procedures
Subject to this Administrative Arrangement, the liaison agencies of the Parties will
agree on the forms and detailed procedures necessary to implement the Agreement.
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PARAGRAPH 8
Entry into Effect
This Administrative Arrangement will take effect on the date of entry into force of
the Agreement and will have the same period of duration.
DONE in two copies at Port-of-Spain, this 9th day of April 1997 in the English and
French languages, each text being equally valid.
FOR THE COMPETENT FOR THE COMPETENT
AUTHORITY OF THE AUTHORITY OF CANADA
REPUBLIC OF TRINIDAD
AND TOBAGO
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