National insurance benefit (validation) bill 2014

Attorney General’s Chambers

29 August 2014

TURKS AND CAICOS ISLANDS NATIONAL INSURANCE BENEFIT (VALIDATION) BILL 2014 ARRANGEMENT OF CLAUSES CLAUSE

1.

2.

Short title and commencement Validation of increased payments of pensions

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Attorney General’s Chambers

29 August 2014

TURKS AND CAICOS ISLANDS A PROPOSAL FOR A

BILL FOR AN ORDINANCE TO VALIDATE AND CONFIRM THE PAYMENT OF CERTAIN PENSIONS BY THE NATIONAL INSURANCE BOARD; AND FOR CONNECTED PURPOSES.

ENACTED by the Legislature of the Turks and Caicos Islands.

Short title and commencement 1. This Ordinance may be cited as the National Insurance Benefit (Validation) Ordinance 2014 and shall come into force on such day as the Governor may appoint by Notice in the published in the Gazette.

Validation of increased payments of pensions 2. (1) The increase in relation to invalidity pension referred to in regulation 9 of the National Insurance (Benefit) Regulations by— (a) fifteen per cent with effect from 1 April 2004; (b) fifteen per cent with effect from 1 July 2007; and (c) 7.5 per cent with effect from 1 January 2012, paid by the Board to persons from 1 April 2004 to the date of commencement of this Ordinance is hereby validated, and the continuation of such payment is hereby authorised.

(2) The increase in relation to widow’s pension, widower’s pension and child’s pension referred to in regulations 15, 16 and 17 respectively of the National Insurance (Benefit) Regulations by— (a) fifteen per cent with effect from 1 April 2004;

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Attorney General’s Chambers

29 August 2014

(b) fifteen per cent with effect from 1 July 2007; and (c) 7.5 per cent and eight per cent with effect from 1 January 2012, paid by the Board to persons from 1 April 2004 to the date of commencement of this Ordinance, is hereby valid, and the continuation of such payment is hereby authorised.

(3) The increase in relation to disablement pension referred to in regulation 40 of the National Insurance (Benefit) Regulations by— (a) fifteen per cent with effect from 1 April 2004; (b) fifteen per cent with effect from 1 July 2007; and (c) 7.5 per cent and eight per cent with effect from 1 January 2012, paid by the Board to persons from 1 April 2004 to the date of commencement of this Ordinance, is hereby validated, and the continuation of such payment is hereby authorised.

(4) The increase in relation to widow’s death benefit, widower’s death benefit and child’s death benefit referred to in regulations 46,47 and 48 of the National Insurance (Benefit) Regulations by— (a) fifteen per cent with effect from 1 April 2004; (b) fifteen per cent with effect from 1 July 2007; and (c) 7.5 per cent and eight per cent with effect from 1 January 2012, paid by the Board to persons from 1 April 2004 to the date of commencement of this Ordinance, is hereby validated, and the continuation of such payment is hereby authorised . _____________ PASSED by the House of Assembly this

day of

Tracey Parker

Robert Hall

Clerk to the House of Assembly

Speaker

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2014.

Attorney General’s Chambers

29 August 2014

EXPLANATORY MEMORANDUM This Bill seeks to validate and confirm the payments of increased pensions by the National Insurance Board that were issued without lawful authority in respect of invalidity pension, widow’s widower’s and child’s pensions, disablement pension and widow’s, widower’s and child benefits which were increased by— (a) 15% with effect from 1 April 2004; (b) 15% with effect from 1 July 2007; and (c) 7.5% and 8% with effect from 1 January 2012.

From 1 April 2004 to date increased benefits were paid out in respect of the benefits referred to above although not supported by law.

Over the past several years the National Insurance Board has paid out benefits totalling $1,957,745.17 million, as at 1 August 2014, that were unauthorised.

THE BILL Clause 1 of the Bill provides the short title and commencement.

Clause 2 of the Bill seeks to validate and confirm the increased payments of certain pension benefits made to pensioners from 1 April 2004 to date.

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