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20 No. 2020 Social Protection Bill 2020 (3) The Commission consists of: (a) a member from Barbuda; (b) a member nominated by the Minister with responsibility for health; (c) a member nominated by the Minister with responsibility for finance; (d) a member nominated by the Minister with responsibility for education; (e) a member nominated by the Minister with responsibility for labour; (f) a member nominated by the Minister (4) The Director is ex-officio, the Chairperson of the Commission.
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(5) The Commissioners shall choose one of their members to act as Deputy Chairperson. (6) Where under section 48 a vacancy exists in the membership of the Commission, the Minister shall in accordance with this section appoint a person to fill the vacancy. (7) The Minister shall by notice published in the Gazette give notice of the names of the commissioners as the Commission is first constituted and every change in the constitution of the Commission.
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(8) A person appointed as a commissioner shall act in the public interest to carry out the purposes of this Act and not based on his or her personal or business interest. 40.
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Disqualification from being a commissioner (1) A person shall be disqualified from being a commissioner and is not eligible to be appointed as a commissioner, or having been appointed, is not eligible to continue as a commissioner if that person - (a) is a director, officer, employee, agent of a person providing a social protection service or supplying goods to a service licensee under a contract; (b) has filed for bankruptcy in a court or is declared by a court to be a bankrupt; (c) is declared by a court to be mentally incapacitated by reason of unsoundness of mind; (d) has been convicted of a criminal offence except where the offence - is a minor traffic offence; or (i) (ii) is spent in accordance with Criminal Records (Rehabilitation of Offenders) Act, Cap.
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3.13; or (e) is a member of Parliament. (2) A decision of the Commission taken at a meeting is not invalidated merely because a disqualified person sits at the meeting as long as there was the quorum required pursuant to section 44. 21 Social Protection Bill 2020 No. 2020 (3) Where a disqualified person sits at a meeting of the Commission, the Commission may review and amend its decision within 2 months of that decision being made. 41.
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41. Terms of appointment (1) Subject to subsections (2) and (3), the appointment of a commissioner shall be for a period 3 years unless the commissioner resigns under section 46 or the commissioner’s appointment is revoked under section 47. (2) A commissioner appointed under subsection (1) is eligible for re-appointment for not more than [one] consecutive term. (3) The appointment of the commissioners shall be staggered. 42.
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42. Appointment of Secretary and other employees The Commission shall appoint on such terms and conditions as may be approved from time to time by the Minister, a Secretary and such other employees as the Minister considers necessary for the performance of the powers and functions of the Commission. 43.
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43. Advisory committees (1) The Commission may, for the purpose of carrying out its functions pursuant to this Act, establish advisory committees to give advice to the Commission on specialised matters relating to the Commission’s functions as the Commission may determine. (2) The recommendations made by an advisory committee established under subsection (1) are not binding on the Commission but may be considered by the Commission in making decisions for the purposes of the discharge of its functions.
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44. Meetings (1) The Commission shall meet at such times as may be necessary or expedient for the transaction of business of the Commission. (2) The meetings of the Commission shall be held at such places as the Chairperson shall determine. (3) The Chairperson may at any time call a special meeting of the Commission and shall cause a special meeting to be held within 7 days of a written request for that purpose addressed to the Chairperson by any 3 commissioners.
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(4) The Chairperson and any other commissioner shall be deemed to be present at a meeting of the Commission if the Chairperson or the other commissioner participates by telephone, video 22 No. 2020 Social Protection Bill 2020 link or satellite, and all commissioners participating in the meeting are able to hear and to speak to each other. (5) At a meeting of the Commission - (a) the Chairperson shall preside; or (b) if the Chairperson is not present, the Deputy Chairperson present shall preside.
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(6) A meeting of the Commission is duly constituted for all purposes if at the meeting there is a quorum of not less than 5 commissioners participating in the meeting. (7) Decisions of the Commission shall be taken by a simple majority of votes of commissioners present and voting at the meeting. (8) The Chairperson shall have an original vote and in cases of equal division the Chairperson shall have the casting vote.
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(9) The Commission may co-opt any person to attend any particular meeting of the Commission at which it is proposed to deal with a particular matter, for the purpose of assisting or advising the Commission, but a co-opted person shall not have the right to vote. (10) Minutes of each meeting of the Commission shall be recorded and kept by the Secretary to the Commission appointed under section 42. 45. Protection from liability (1) The Commission shall not be liable for the acts of a service licensee.
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(2) No action or other proceeding shall lie against the Commission, a commissioner, or an officer or employee of the Commission in respect of an act done or omitted to be done in good faith in the exercise or purported exercise of his or her functions under this Act except in cases of personal injury.
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(3) The Commission shall indemnify a commissioner or an officer or employee of the Commission for the legal cost of defending an action in respect of an act done or omitted to be done in good faith in the exercise or purported exercise of his or her functions under this Act. 46. Resignation A commissioner, other than the Chairperson, may resign his or her office by notice in writing addressed to the Minister through the Chairperson. 23 Social Protection Bill 2020 No. 2020 47.
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Revocation (1) The Minister shall at any time, in writing, revoke the appointment of a commissioner if, upon evidence, the Minister is satisfied that the commissioner - (a) is disqualified from being a commissioner under section 40; (b) is unable to perform the functions of his or her office; (c) is guilty of misconduct; (d) has been disqualified or suspended on grounds of misconduct, by a competent authority, from practising a profession; (e) has failed to attend 3 consecutive meetings of the Commission or 5 meetings of the Commission in the aggregate during any 12 month period of his or her term of appointment, without presenting a medical certificate or without being excused by the Minister in writing, in the case of the Chairperson or by the Chairperson in writing in the case of any other commissioner (2) The Minister may revoke the appointment of a commissioner on grounds of national security.
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48. Vacancy (1) The office of a commissioner is vacated - (a) upon the death of the commissioner; (b) if the commissioner becomes disqualified under section 40; (c) if the commissioner resigns under section 46; (d) if Minister revokes the appointment of the commissioner under section 47; (e) upon the expiry of a commissioner’s term of appointment.
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(2) A decision of the Commission taken at a meeting is not invalidated merely because there is a vacancy in membership as long as there was the quorum required by section 44. 49. Remuneration A commissioner shall be paid by the Commission from the Fund such remuneration allowances, if any, whether by way of stipend, honorarium or fees, as may be determined by Cabinet. 24 No. 2020 Social Protection Bill 2020 PART IV ASSISTANCE 50.
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Assistance Assistance under this Act comprise of the assistance as set out in Schedule 3. 51. Eligibility for assistance Eligibility for assistance under section 50 is conditional on the fulfilment of the specific eligibility criteria as set out in Schedule 3; 52.
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Conditions applicable to assistance (1) It shall be a condition of any assistance granted, that the recipient shall immediately notify the Board in writing of any change in the recipient’s circumstances that would make the recipient ineligible to receive assistance.
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(2) Notwithstanding subsection (1), where a recipient of assistance under this Act intends to leave and remain outside Antigua and Barbuda for a period of more than 3 months, the recipient shall give the Board one month’s notice in advance of the intended departure date. (3) Where the recipient fails to give the Board notice under subsection (2), the Board may suspend assistance to the recipient. 53.
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53. Emergency application (1) Where an emergency application is made, interim assistance may be granted to an applicant where it appears to the Director to be expedient to do so. (2) Where the Board is in receipt of an emergency application that has been granted interim assistance under subsection (1), the Board may determine that application pursuant to section 54 and where it is satisfied that a grant of assistance should be made, grant such additional assistance.
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PART V APPLICATION AND ADMINISTRATION 25 Social Protection Bill 2020 No. 2020 54. Specific eligibility criteria (1) A person who wishes to apply for social protection assistance must satisfy the specific eligibility criteria as set out in Schedule 3. (2) The specific eligibility criteria are set by the Director and approved by Minister after consultation with the National Social Protection Commission. 55.
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55. Application for social protection assistance (1) A person who satisfies the specific eligibility criteria under Schedule 3 shall submit an application form to the Department in the form as set out in Schedule 1 to apply for [assistance] under this Act. (2) An applicant shall submit his or her application with the relevant supporting documents and information as prescribed in Schedule 2.
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(3) An application to the Board under this section may be made orally and shall also be made in writing by the person receiving the application where the applicant is unable to fill the application form. (4) An applicant shall confirm an application made under this section with his or her signature or other identifying mark, on the prescribed form. (5) An applicant shall be required to comply with such conditions and to give such undertakings and assurances as prescribed under this Act. 56.
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56. Receipt of application by the Department (1) Upon receipt of the application, the Director shall – (a) assess the application; and (b) submit a copy of the application to the Department for further processing. 57. Verification checks and assessments (1) The Department may, prior to the grant of assistance or where it is directed by the Board to so do, conduct verification checks to evaluate the extent to which the assistance is required in meeting the needs of the recipient.
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(2) An approved applicant shall be subject to periodic assessments by the Department. 26 No. 2020 Social Protection Bill 2020 58. Investigation by the Department Where upon examination of an application, the Director is of the view that an investigation is necessary to ascertain the eligibility of an applicant the Department shall undertake the necessary investigation. 59.
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59. Report to the Board (1) Upon conclusion of an investigation, the Department shall prepare a full report of the investigation together with its findings and recommendations and submit a copy, with the application, to the Board. (2) The Director shall review all reports prepared under subsection (1). 60.
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60. Rules by Director The Director may make Rules governing the procedures to be followed by officers of the Department in receiving, recording, or investigating complaints, and may require that all complaints be notified to such person as the Director may specify. 61. Receipt of report by the Board (1) Upon receipt of a report under section 58, the Board may – (a) approve the application; (b) reject the application; or (c) institute a hearing into an inquiry made under section 62. 62.
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62. Hearing instituted by the Board (1) The Board shall institute a hearing by serving a notice of the hearing to the applicant. (2) The notice of hearing must – (a) specify the purpose of the hearing; (b) specify the place and time of the hearing; and (c) be in such form as may be specified by regulations made by the Board. (3) The applicant and if required, the authorized officer shall attend the hearing.
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(4) the Board may attend a hearing at a place convenient to an applicant where the applicant is mentally or physically disabled or he or she is otherwise unable to be present for a hearing due to other hardship. 27 Social Protection Bill 2020 No. 2020 63.
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27 Social Protection Bill 2020 No. 2020 63. Non-attendance of parties (1) Where the complainant does not attend the hearing, having had due notice of the time and place of the hearing, the Board may dismiss the application, unless having received a reasonable excuse for the non-attendance of the applicant, the Board thinks it fit to adjourn the matter.
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(2) Where a person who – (a) refuses or neglects without reasonable cause, to attend a hearing in compliance with the requirements of a notice issued under section 62; or (b) departs from a hearing without the authority of the person holding the hearing, the Board may proceed with the hearing and render a decision in his or her absence in accordance with the provisions of this Act. 64.
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Decision of the Board (1) If the Board is satisfied that the applicant meets the specific eligibility criteria as set out in Schedule 3 and is entitled to receive assistance under the Act, the Board shall issue an Order within 7 days after the hearing, except in the case of emergency, directing the Department to do one or more of the following — (a) to ensure the approved assistance is available for the applicant; (b) to execute any directions contained in the Order; (c) to advise the applicant of the Board’s decision including the value, duration, conditions and procedures in relation to the assistance; (d) to provide monthly, quarterly or annual investigation and reviews of the applicant as recommended by the Board; (e) to reimburse any approved costs incurred by the applicant in completing the application process; to perform any other matters as it relates to the application, as directed.
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(2) Where the Board finds an application to be false or frivolous it shall, issue an Order (a) dismissing the application; (b) for the applicant to pay to the Department such prescribed costs, as may be specified in the order.
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(3) Every Order made by the Board under this part shall be signed by its Chairperson who conducted the proceeding provided that where any of the members differ on any point, they shall state the point on which they differ and the opinion of the majority shall be the order of the Board. 65. Revocation of assistance (1) The Board may revoke any assistance granted under this Act - 28 No.
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2020 Social Protection Bill 2020 (a) if the Board is satisfied that the recipient has breached any of the conditions of the assistance specified under section 52; (b) if any circumstances arise such that, if that person were not a recipient, would cause him or her to be disqualified from applying for assistance under section 55; (c) if the recipient has ceased to fulfil the specific eligibility criteria under Schedule 3; or (d) if the recipient has provided false, misleading or inaccurate information in relation to his or her application for assistance.
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(2) The Board shall revoke assistance upon the death of the recipient or a dependent. 66. Completion of hearing On completion of a hearing, the Department shall prepare and send to the applicant and the Registry, a notice of the decision of the Board setting out the Board’s findings and recommendations with respect to the application. 67.
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67. Registry (1) The Director shall maintain a Central Beneficiaries Registry to show details of a person who — (a) has applied for assistance; (b) is a recipient; or (c) has been a recipient, under this Act.
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(2) The registry under subsection (1) shall contain information to include — (a) the name of recipient; (b) the contact information for recipient; (c) the date of birth of recipient; (d) the gender of recipient; (e) the ethnicity of recipient; (f) the name, age and number of dependents where applicable; (g) the type of assistance; (h) the assistance commencement date; (i) the assistance termination date; (j) the name of the person to whom each payment is made; (k) the conditions, under which the assistance was granted; (l) the total amount of monthly payments made to each recipient; and (m) any other information as prescribed by Minister.
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(3) The Secretary shall cause an Order made by the Board to be received by the Registry within 7 days after the Order made. 29 Social Protection Bill 2020 No. 2020 68. Options after issue of Order (1) Within 7 days of the issue of the order, a person may— (a) accept the offer set out in the Order in accordance with section 64; or (b) request an appeal in accordance with section 79.
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69. Review of decision (1) The Board may review any decision made in relation to assistance granted in the following circumstances— (a) where new facts are brought to the Board’s notice; or (b) if the Board is satisfied that the decision was given in ignorance of, or was based on a misapprehension as to some material fact. (2) The Board having reviewed any decision in relation to assistance, may revoke or vary the order for assistance. PART VI COMPLAINTS AND APPEALS TRIBUNAL 70.
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PART VI COMPLAINTS AND APPEALS TRIBUNAL 70. Establishment of Appeals Tribunal There is established an Appeals Tribunal to be known as the Complaints and Appeals Tribunal. 71.
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71. Constitution of Appeals Tribunal (1) The Appeals Tribunal comprise of three persons and appointed by Cabinet; (2) The Appeals Tribunal consist of – (a) a judge, magistrate or retired judge, who shall be the Chairperson; (b) a retired principal nursing officer or public health experts nominated by the Nursing Association; (c) a person who has knowledge or experience in the field of social work or psychology. 72.
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72. Tenure A member of the Appeals Tribunal holds office for a period not exceeding three years but is eligible for reappointment. 30 No. 2020 Social Protection Bill 2020 73. Resignation (1) Any member of the Appeals Tribunal other than the Chairperson, may at any time resign from office by instrument in writing addressed to Cabinet and transmitted through the Chairperson, and such resignation takes effect as from the date of receipt of that instrument by Cabinet.
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(2) The Chairperson may at any time resign from his or her office, by instrument in writing addressed to Cabinet, and such resignation takes effect as from the date of receipt of that instrument by Cabinet. 74.
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74. Revocation of appointment (1) Cabinet may at any time revoke the appointment of any member of the Appeals Tribunal, including the Chairperson, if the member or Chairperson- (a) neglects his or her duty as a member or engages in misconduct or malfeasance; or (b) is absent from three consecutive meetings without excuse from the Chairperson. (2) Where Cabinet revokes the appointment of a member of the Appeals Tribunal or the Chairperson, Cabinet shall state the reasons for the revocation. 75.
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75. Temporary members (1) Where the Chairperson or any member of the Appeals Tribunal – (a) is unable to perform the functions of the office of Chairperson or member of the Appeals Tribunal; (b) is absent; (c) dies; (d) resigns or the appointment is revoked, Cabinet may appoint another person to act temporarily in place of the Chairperson or that member.
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(2) A person appointed pursuant to subsection (1) shall be appointed in a manner that complies with the requirements in section 71 for the constitution of the Appeals Tribunal and holds office - (a) in the case of the absence or inability of the Chairperson or member to perform his or her functions, only for the portion of the term of the absence or inability; (b)in the case of the death, resignation or revocation of appointment of the Chairperson or member, for the unexpired portion of the term of the former member.
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76. Publication in the Gazette 31 Social Protection Bill 2020 No. 2020 The appointment of any member of the Appeals Tribunal and the termination of office of any person as a member whether by death, resignation, removal, effluxion of time or otherwise, shall be published in the Gazette. 77. Secretary of Appeals Tribunal (1) The Appeals Tribunal shall appoint a recording secretary to the Appeals Tribunal who has no voting rights.
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(2) The Secretary shall keep a written record of all proceedings of the Appeals Tribunal, which shall be confirmed by the Chairperson. 78. Remuneration and allowances There shall be paid to members of the Appeals Tribunal such remuneration and allowances, if any, whether by stipend, honorarium or fees, as Cabinet determines. 79.
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79. Hearings, deliberations and decisions (1) A person who is dissatisfied by a decision of the Board may appeal to the Appeals Tribunal within 7 days of receipt of the decision of the Board. (2) The Appeals Tribunal shall convene at such time, at such place and on such days as may be necessary or expedient for the discharge of its functions.
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(3) Where an appeal is lodged, the Appeals Tribunal shall convene a hearing within a period of 14 days from the date of receipt of the appeal or any other date as deemed necessary by the Appeals Tribunal. (4) At least 7 days before the date fixed for the hearing of an appeal, the Secretary to the Appeals Tribunal shall by notice in writing advise the appellant, the respondent and the Appeals Tribunal of the date, the time and the place at which the appeal has been set down for hearing.
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(5) A notice under subsection (5) shall be given to the Appeals Tribunal and to the appellant and the respondent either personally to his or her given address for service or by sending the notice by registered mail. (6) At every hearing of the Appeals Tribunal the Appellant and Respondent shall be entitled to appear in person or by a representative. (7) The hearing of an appeal by the Appeals Tribunal shall be in private.
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(8) The decision of the Appeals Tribunal shall be by a majority of votes of those members present and voting and, in addition to an original vote, the Chairperson has a second or casting vote in any case in which the voting is equal. 32 No. 2020 Social Protection Bill 2020 (9) The decision of the Appeals Tribunal shall be conveyed to the Board and the appellant in writing.
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(10) An appeal to the Appeal Tribunal may be made from a decision of the Board on a point of law, but not on any matter of fact or on the merits of any decision made by the Board.
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(11) A member of the Appeals Tribunal shall, as soon as is practicable inform the Chairperson of any matter in which he or she has, either directly or indirectly, personally or by his or her relative, partner, business associate or company, any pecuniary or business interest and that member shall not take part, directly or indirectly, in any hearing, deliberation or decision by the Appeals Tribunal on that matter.
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(12) The decision of the Appeals Tribunal shall be authenticated by the signature of the Chairperson and the Secretary. 80. Functions and powers of Appeals Tribunal (1) For the purposes of this part, the Appeals Tribunal – (a) shall review the proceedings before the Board and consider any submissions made by the parties. (b) may decide on costs and such other matters as may be prescribed. (c) shall receive and evaluate applicants complaints and resolve disputes in accordance with section 79; 81.
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Proceedings of Appeals Tribunal (1) Subject to subsection (2), every proceeding of the Appeals Tribunal shall be conducted by the Chairperson of the Appeals Tribunal and the two other members sitting together. (2) Where a member of the Appeals Tribunal, other than the Chairperson, is unable to conduct proceedings to completion, the Chairperson and the other member shall continue the proceedings from the stage at which it was last heard by the previous member and conclude the hearing. 82.
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82. Validity of proceedings The validity of any proceedings of the Appeals Tribunal is not affected by any vacancy in its membership or by any defect in the appointment of any of its members. 33 Social Protection Bill 2020 No. 2020 PART VII RECOVERY AND OFFENCES 83. Recovery of overpayment (1) The Board may require a recipient to repay any assistance or part thereof paid as a result of false, misleading or inaccurate information and may suspend further assistance until such sum has been repaid.
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(2) Where the Board determines that recovery for overpayment from a recipient would cause undue hardship, the Board may waive the overpayment or may require the recipient to repay a reduced amount. (3) Where any sum is required to be repaid by a recipient under subsection (1), the Board may recover such sum as a debt owing to the Government in any court of competent jurisdiction. 84.
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84. Reimbursement (1) Where assistance is granted under this Act and the recipient is in receipt of a donation, gift or other assistance from funding given for the same purpose for which that assistance was granted, the Board may require the recipient to repay any sum of money paid as assistance under this Act. (2) Where any sum is required to be repaid by the recipient under subsection (1), the Board may recover such sum as a debt owing to the Government in any court of competent jurisdiction. 85.
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85. Recovery of funeral expenses (1) In any case where it may appear expedient to do so, the Board may pay the cost of and expenses incidental to the funeral of a recipient or any vulnerable person within the amount as prescribed.
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(2) The Board may recover the amount paid under subsection (1) from any person, who is in receipt of any other death or funeral grant and was liable for the maintenance of the deceased person when he or she was alive, or from any person who is in control of, or who has possession of, any property of the deceased person. (3) Where any sum is required to be repaid by a person under subsection (2), the Board may recover such sum as a debt owing to the Government in any court of competent jurisdiction. 86.
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86. False or misleading statement or information (1) A person who – 34 No.
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2020 Social Protection Bill 2020 (a) willfully makes a false statement to mislead or misleads or attempts to mislead the Department, Board, Appeals Tribunal or any person in the discharge of functions under this Act; or (b) without lawful justification or excuse – (i) obstructs, hinders or resists the Department, Board, Appeals Tribunal or any other person in the discharge of functions under this Act, (ii) fails to comply with any lawful requirement of the Department, Board, Appeals Tribunal or any other person under this Act; or (c) deals with documents, communication or information in a manner inconsistent with his or her duty under this Act, commits an offence and is liable on conviction to a fine not exceeding $1500 or to imprisonment not exceeding one year, or to both 87.
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Failure to attend to give evidence (1) A person shall not - (a) refuse or fail, without reasonable excuse, to appear before the Board or Appeals Tribunal, having been required to do so; or (b) refuse to take an oath or make an affirmation having appeared before the Board or Appeals Tribunal as a witness. (2) A person who contravenes subsection (1) commits an offence, and is liable, on summary conviction, to a fine not exceeding $750 or to imprisonment for a term not exceeding 6 months, or to both. 88.
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Offences by body corporate (1) Where an offence under this Act has been committed by a body corporate, notwithstanding and without prejudice to the liability of that body, any person who at the time of commission of the offence was a director, general manager, secretary or other like officer of that body or was purporting to act in any such capacity is – (a) subject to subsection (2), liable to be prosecuted as if he or she has personally committed that offence; and (b) if on prosecution it is proved to the satisfaction of the court that he or she consented to, or conspired in, or did not exercise all such reasonable diligence as he or she ought in the circumstances to have exercised to prevent the offence, having regard to the nature of his or her functions in that capacity and to all the circumstances, 35 Social Protection Bill 2020 No.
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2020 liable to the like conviction and punishment as if he or she had personally been guilty of that offence. (2) A person shall not be charged under subsection (1) except upon the direction of the Attorney General. 89.
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89. Declaration of interest and abstention from voting by Board member or commissioner (1) A Board member or commissioner who either directly or indirectly, has a pecuniary or other interest in a matter before the Board or Commission shall declare the nature of his or her interest at the first meeting of the Commission at which it is practicable to do so.
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(2) Where a Board member or commissioner declares an interest under subsection (1), the [Board member or] commissioner shall leave the meeting upon the matter coming up for discussion and shall not receive any other communication on the matter. (3) A declaration and the departure of a Board member or commissioner from the meeting in accordance with subsection (1) shall be noted in the minutes of the meeting.
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(4) A [Board member or] commissioner who - (a) contravenes subsection (1); (b) votes in respect of a matter before the Board or Commission in which he or she is interested, whether directly or indirectly; or (c) seeks to influence the vote of any other Board member or commissioner in relation to a matter before the Commission in which he or she is materially interested, whether directly or indirectly; is guilty of misconduct.
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(5) A person who contravenes this section commits an offence and is liable on summary conviction to a fine not exceeding $5,000 or to a term of imprisonment not exceeding one year or to both. 90.
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90. Proof of life [and residency] certificate (1) An elderly, shut-in or immobile person, or a parent or guardian of a child who is in receipt of assistance shall submit documentary evidence – (a) on the anniversary date of his or her birth; or (b) on the anniversary of the child’s birth, as the case may be, and (c) every six months thereafter or as required by the Director, to the Department, that he or she is alive, by completing a certificate in the prescribed form as set out in Schedule 5. 36 No.
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36 No. 2020 Social Protection Bill 2020 (2) Where a person fails to submit his or her certificate as required under subsection (1), the assistance shall be suspended until the date on which that person submits his or her life certificate.
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(3) A person who certifies or states any material particular which is false, if he or she does so without having taken reasonable means to ascertain the truth or falsity of such matter, is liable on conviction on indictment to imprisonment for one year, or, if he or she does so knowing that such matter is false, is liable on conviction on indictment to imprisonment for 5 years. PART VIII MISCELLANEOUS 91.
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PART VIII MISCELLANEOUS 91. Secrecy and confidentiality (1) The Board, Commission, officer, employee, both established and non-established and every person concerned with the administration of this Act, shall regard as secret and confidential all documents, information or matters disclosed in the administration of this Act except disclosures which the Board considers necessary in the discharge of its functions and which shall not be deemed inconsistent with any duty imposed under this section.
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(2) The Board, Commission, officer, employee and every person concerned with the administration of this Act, shall be required to take the oath of secrecy set out in Schedule 4.
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(3) Subject to subsection (4), a Board member, a commissioner, an officer, an employee, an agent or an adviser of the Commission shall not disclose to any other person any information relating to any application submitted to the Commission under this Act or a Regulatory Act that the commissioner, officer, employee, agent or adviser has acquired in the course of his or her duties or in the exercise of their functions under this Act or any other law.
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(4) Subsection (1) does not apply to a disclosure - (a) with the consent of the person or the customer, member, client, as the case may be, which consent has been voluntarily given; (b) for the purpose of enabling or assisting the Board or Commission in exercising a function conferred on it under this Act or any other law; (c) if the information disclosed is or has been available to the public from any other source; (d) where the information disclosed is in a summary or in statistics expressed in a manner that does not enable the identity of an applicant, to which the information relates, to be ascertained; 37 Social Protection Bill 2020 No.
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2020 (e) lawfully made to a person with a view to the institution of, or for the purpose of - (f) criminal proceedings; or (g) disciplinary proceedings relating to the discharge of duties by a commissioner, officer or employee of the Commission; (h) for the purposes of any legal proceedings pursuant to a court order in connection with the winding up or dissolution of a service licensee; or (i) for the appointment or duties of a receiver of a service licensee.
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(5) A person who contravenes subsection (3) commits an offence and is liable on summary conviction to a fine not exceeding [$5,000] or to a term of imprisonment not exceeding [one year or to both]. 92. Channel of communication (1) All communication and correspondence between the Board and the Department shall be conducted through the office of the Director.
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(2) The Director shall ensure that all communication and correspondence between the Board and the Department is transmitted to the appropriate party in a speedy and efficient manner. 93. Protection of officers of the Department (1) A civil action, suit or other proceeding shall not be brought or instituted personally against any officer of the Department in respect of any act or omission done in good faith in the due performance of his or her functions.
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(2) A civil action, suit or other proceeding shall not be brought or instituted as a result of the act or omission of any officer of the Department unless – (a) the civil action, suit or other proceeding is filed within twelve months from the date of the act or omission complained of; and (b) notice of intended action has been given one month before the civil action, suit or other proceeding is brought or instituted.
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(3) The notice under subsection (3)(b) must – (a) be in writing; (b) specify the grounds of action; (c) be served on the Department and the Attorney General. 38 No. 2020 Social Protection Bill 2020 94. General penalty A person who contravenes this Act commits an offence and is liable on summary conviction to a fine not exceeding [five] thousand dollars or imprisonment for a term not exceeding [two years, or both.] 95.
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95. Amendment of Schedules The Minister may, by Order published in the Gazette, amend the Schedules to this Act. 96. Regulations (1) The Minister may make Regulations after consultation with the [Department/Director], for the purposes of giving effect to the provisions of this Act.
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(2) Without prejudice to the generality of subsection (1), the Minister may make Regulations to - (a) provide for the form of applications, annual reports and for other forms pursuant to this Act; (b) provide for the staggering of the terms of appointment of the Commissioners pursuant to section 41; (c) provide for fees and other costs as may be required from time to time; (d) provide for various forms for notices, reporting and other purposes as required under this Act; (e) creating offences for breach of any provision of the Regulations and for a penalty not exceeding [$5000] for any such an offence; (f) prescribe matters required or permitted to be prescribed by this Act; (g) provide for such matters as may be contemplated or necessary for giving full effect to this Act and for its administration or incidental to or consequential upon any provision of this Act.
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(4) Regulations made under this section may create offences and may prescribe penalties for the offences on conviction to a fine not exceeding twenty thousand dollars or to imprisonment for a term not exceeding four years. 97. Repeal The Poor Relief Act, Cap. 332 is repealed. 39 Social Protection Bill 2020 No. 2020 98.
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39 Social Protection Bill 2020 No. 2020 98. Transitional All rights, privileges and all the liabilities and other obligations to which immediately before the commencement of this Act a recipient was entitled or subject to, are transferred and conferred or imposed upon by the Board for the purposes of this Act. SCHEDULE 1 FORM 1 (Section 55) Place Photo Here.
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SCHEDULE 1 FORM 1 (Section 55) Place Photo Here. Department of Social Policy, Research and Planning Ministry of Social Transformation and Human Resource Development SOCIAL PROTECTION ASSISTANCE APPLICATION FORM Client number________ Intake SPO: _______________________ Date: __________________ Are you applying for social assistance on behalf of: Self Child Other 40 No. 2020 Social Protection Bill 2020 Why are applying for social assistance?
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Incarcerated Parent Death of a Parent/ Caregiver Insufficient Income Impoverished Elderly Severe verified disability Other (please explain) _______________________________________________________________________________ _______________________________________________________________________________ Are you receiving any social assistance?
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Yes No If no, go to section 1 If yes, Name of person______________________________________________ How long have you been on the social assistance programme: _______________ Other source of support: Church Family Friends Other Type of support: Monetary Food Clothing Other If monetary assistance, state amount XCD $______________ Personal Data (Section 1) ADULT Title: Mr. Mrs. Ms. (Circle appropriate box) Name: __________________________ ___________________________________ (Surname) (Given name) Date of Birth _____________ Age_________ Sex M F (dd/mm/yr) Country of birth____________________ Nationality _______________________ How long have you been residing in Antigua and Barbuda (where applicable) _____________ Address: ______________________________________________________ Home Tel.
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_____________ Work Tel. ____________ Cell ______________ Marital Status: Single Married Divorced Separated Common Law Widowed Social Security#:_________________________ Medical Benefits#:___________________ Do you have any children? Yes No If Yes, how many? _________ Are any children in your care? Yes No 41 Social Protection Bill 2020 No. 2020 If no, skip to section 3.
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If yes, how many and their relation to you _______________________ Applying on behalf of: Self Child Next of Kin _____________________________________ Relationship_________________________ Contact number for next of kin ____________________________ Emergency Contact (different from next of kin) __________________________ Relationship_________________________ Contact number for emergency contact ____________________________ Personal data (Section 2) CHILD Name: _________________________________________________ Date of Birth _____________ Age_______ Sex M F Country of birth __________________Nationality ______________ How long has child been residing in Antigua and Barbuda (where applicable) ________________ Address: ______________________________________________________ School: ______________________________________ Grade: __________ Telephone: ___________________________ Is the child’s immunization up to date?
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Yes No Does the child suffer any illness? Yes No If yes, Please specify______________________________________________ Household Information (Section 3) Is the home that you currently reside in Rented Mortgaged Family Owned? Other __________________________________________________________________ (please specify) 42 No. 2020 Social Protection Bill 2020 Name of head of household, if different from applicant___________________________________ How many persons live in the household?
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__________ How many bedrooms? ____________ Name Sex Occupation School Comments Head of household’s highest level of education attained? Primary Secondary Technical/vocational Tertiary University None Are you currently employed? Yes No If employed, Name and address of Employer: ____________________________ ________________________________________________________________________ How often do you get paid? Daily Weekly Bi Weekly Monthly Do you presently have a Bank Account?
Financial inclusion
Social Protection Jobs and Economic inclusion
Antigua and Barbuda
https://docs-lawep.s3.us-east-2.amazonaws.com/1694232332504.pdf
http://laws.gov.ag/wp-content/uploads/2020/07/Social-Protection-Bill-2020.pdf
Yes No If yes, name of Financial Institution & Account #: _______________________________________________________________________________ If yes, do you currently have any funds in your account? Yes No What is your monthly payment for rent/ mortgage? _________________________ Who is responsible for the payment?
Financial inclusion
Social Protection Jobs and Economic inclusion
Antigua and Barbuda
https://docs-lawep.s3.us-east-2.amazonaws.com/1694232332504.pdf
http://laws.gov.ag/wp-content/uploads/2020/07/Social-Protection-Bill-2020.pdf
__________________________________ Please indicate any of the following assets that you own: House Land Vehicle Livestock (please list) _______________________ Investments None __________________________ 43 Social Protection Bill 2020 No.
Financial inclusion
Social Protection Jobs and Economic inclusion
Antigua and Barbuda
https://docs-lawep.s3.us-east-2.amazonaws.com/1694232332504.pdf
http://laws.gov.ag/wp-content/uploads/2020/07/Social-Protection-Bill-2020.pdf
2020 Cost per month __________________________ __________________________ List of Expenses per month Items Electricity Water Land line phone Cable T. V. Internet Mortgage/rent School fees School supplies Mobile phone Food/groceries Insurance Payment Household items Entertainment Miscellaneous Other Total Expenses $ 44 No.
Financial inclusion
Social Protection Jobs and Economic inclusion
Antigua and Barbuda
https://docs-lawep.s3.us-east-2.amazonaws.com/1694232332504.pdf
http://laws.gov.ag/wp-content/uploads/2020/07/Social-Protection-Bill-2020.pdf
2020 Social Protection Bill 2020 Name of person making referral: (please print) _______________________________________ Designation/ Occupation of Referee_________________________________________________ Address & Contact Number # _____________________________________________________ Signature of Referrer Source_________________________________ Date _________________ Stamp Signature of Witness________________________________________________________ Disclaimer: The information that I have provided is true and accurate.
Financial inclusion
Social Protection Jobs and Economic inclusion
Antigua and Barbuda
https://docs-lawep.s3.us-east-2.amazonaws.com/1694232332504.pdf
http://laws.gov.ag/wp-content/uploads/2020/07/Social-Protection-Bill-2020.pdf
I authorize the Ministry of Social Transformation to use this information to verify my application. I also grant them permission to contact other agencies and providers regarding my application. I further understand that the information granted above can be used for national data, however, my name will not be disclosed without my expressed written permission. In addition, I understand that I will need to comply with the Financial Empowerment Centre as part of the Social Assistance Programme.
Financial inclusion
Social Protection Jobs and Economic inclusion
Antigua and Barbuda
https://docs-lawep.s3.us-east-2.amazonaws.com/1694232332504.pdf
http://laws.gov.ag/wp-content/uploads/2020/07/Social-Protection-Bill-2020.pdf