ANTIGUA AND BARBUDA

ANTIGUA AND BARBUDA

SOCIAL PROTECTION BILL 2019.

NO. 2019

Social Protection Bill

No. 2019

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No. 2019 Social Protection Bill

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ANTIGUA AND BARBUDA

SOCIAL PROTECTION BILL

NO. OF 2019

ARRANGEMENT OF SECTIONS

Sections

PRELIMINARY

1. Short title and commencement

2. Interpretation

3. Purpose

4. Act binds the Crown

PART I

SOCIAL PROTECTION BOARD

5. Establishment of the Board

6. Constitution of the Board

7. Secretary to the Board

8. Acting members

9. Disqualification

10. Functions and duties of Board

11. Powers of the Board

12. Resignations

13. Leave of absence

14. Revocation of appointment

15. Publication of names of members

16. Meetings of the Board

17. Seal of the Board

18. Signification of other documents

19. Fixed address

20. Protection of members

21. Disclosure of interest

22. Remuneration of members

23. Expenses of Board

24. Independence

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PART II

SOCIAL PROTECTION FUND

25. Establishment of the Social Protection Fund

26. Body corporate

27. Objectives of the Fund

28. Powers and functions of the Fund

29. Revenues of the Fund

30. Expenses of the Fund

31. Borrowing powers and guarantee of borrowing

32. Submission of budget estimates

33. Accounts and audit

34. Annual report

35. Exemption from income tax, property tax and stamp duty

PART III

SOCIAL PROTECTION COMMISSION

36. Establishment of the Commission

37. Functions and powers of Commission

38. Minister may give directions

39. Composition of Commission

40. Disqualification from being a commissioner

41. Terms of appointment

42. Appointment of Secretary and other employees

43. Advisory committees

44. Meetings

45. Protection from liability

46. Resignation

47. Revocation

48. Vacancy

49. Remuneration

PART IV

ASSISTANCE

50. Assistance

51. Eligibility for assistance

52. Conditions applicable to assistance

53. Emergency application

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PART V

APPLICATION AND ADMINISTRATION

54. Specific eligibility criteria

55. Application for social protection assistance

56. Receipt of application by the Department

57. Verification checks and assessments

58. Investigation by the Department

59. Report to the Board

60. Rules by Director

61. Receipt of report by the Board

62. Hearing instituted by the Board

63. Non-attendance of parties

64. Decision of the Board

65. Revocation of assistance

66. Completion of hearing

67. Registry

68. Options after issue of Order

69. Review of decision

PART VI

COMPLAINTS AND APPEALS TRIBUNAL

70 Establishment of Appeals Tribunal

71. Constitution of Appeals Tribunal

72. Tenure

73. Resignation

74. Revocation of appointment

75. Temporary members

76. Publication in the Gazette

77. Secretary of Appeals Tribunal

78. Remuneration and allowances

79. Hearings, deliberations and decisions

80. Functions and powers of Appeals Tribunal

81. Proceedings of Appeals Tribunal

82. Validity of proceedings

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PART VII

RECOVERY AND OFFENCES

83. Recovery of overpayment

84. Reimbursement

85. Recovery of funeral expenses

86. False or misleading statements or information

87. Failure to attend to give evidence

88. Offences by body corporate

89. Declaration of interest and abstention of voting by [Board member or] commissioner

90. Proof of life [and residency] certificate

PART VIII

MISCELLANEOUS

91. Secrecy and confidentiality

92. Channel of communication

93. Protection of officers of the Department

94. General penalty

95. Amendment of Schedules

96. Regulations

97. Repeal

98. Transitional

SCHEDULE 1 - application form(s)

SCHEDULE 2 - supporting documents

SCHEDULE 3 - assistance categories and specific eligibility criteria

SCHEDULE 4 - oath of secrecy

SCHEDULE 5 - proof of life [and residency] certificate

SCHEDULE 6 - member states

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ANTIGUA AND BARBUDA

SOCIAL PROTECTION BILL

NO. OF 2019

AN ACT to provide for the prevention, reduction and elimination of economic, discriminatory and

social vulnerabilities as it relates to poverty and deprivation in Antigua and Barbuda; to establish a

Social Protection Board, a National Social Protection Commission and a Social Protection

Appeals Tribunal; to repeal the Poor Relief Act, Cap.332 and for related matters.

ENACTED by the Parliament of Antigua and Barbuda, as follows:

PRELIMINARY

1. Short title commencement

(1) This Act may be cited as the National Social Protection Act, 2019.

(2) Subject to subsection (3), this Act shall come into force on a date to be fixed by the

Minister by Order published in the Gazette.

(3) The Minister may fix different dates for the coming into force of different Parts or sections

of this Act.

2. Interpretation

(1) In this Act-

“Appeals Tribunal” means the Complaints and Appeals Tribunal established under section 70;

“assistance” includes any support, grant or allowance given or payable under this Act;

“authorized officer” means a public officer designated as an authorized officer by the Minister

in writing and includes a social protection officer in the Department;

“Board” means the Social Protection Board established under section 5;

“Commission” means the Social Protection Commission established under section 36;

“Chief Social Protection Officer” means a public officer within the Department appointed as

such by the Public Service Commission;

“child” means a person who is or below the age of 18 years;

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“civil society organization” means a non-governmental organization or institution that

manifests the interests and will of citizens;

“Council” means the Barbuda Council established under the Antigua and Barbuda Council

Order 1981;

“Court” means the Magistrate’s Court or High Court;

“Department” means the department responsible for social protection within the Ministry

responsible for social protection;

“Director” means the Director of the Department appointed as such by the Governor General

upon instruction of the Public Service Commission;

“document” includes an electronic record;

“elderly” means a person who is 65 years or older;

“emergency” includes a sudden change in a person’s socio-economic status as a consequence

of disaster, or sudden loss of income or support requiring immediate intervention;

“exit strategy” includes programs and initiatives designed to train, retrain, rehabilitate,

educate an eligible recipient to support self- employment, self-reliance and other income

generating opportunities;

“Financial Empowerment Centre” means the program operated through the Department that

provides training and counselling geared toward financial independence for beneficiaries;

“Fund” means the Social Protection Fund created under section 25;

“mentally or physically challenged” includes a person who suffers from a disability that

causes impairment of function below maximal level either mentally or physically;

“Member State” means a State listed in Schedule 6;

“Minister” means the Minister responsible for social protection;

‘overpayment” includes assistance received for which the recipient was not qualified or where

the assistance received is above the amount for which the recipient qualifies;

“person” includes a body corporate or an unincorporated body;

“prescribed” means prescribed in the Regulations;

“principal nursing officer” means a public officer within the Ministry of Health appointed as

such by the [Public Service Commission on the advice of the Governor General];

“poverty line” means a monetary measure, based on systematic data, of the minimum

consumption of goods and services that would allow a person or household to meet its basic

needs as prescribed by the Ministry from time to time, by Order [published in the Gazette];

‘recipient” means a qualified person to whom assistance is granted under this Act;

“Registry” means the Central Beneficiaries System established under section 67;

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“Regulations” means Regulations made under section 96;

“Senior Social Protection Administrator” means a public officer within the Department

appointed as such by the Public Service Commissioner;

“shut-in or immobile person” includes a person who is unable to or who has extreme

difficulty in moving or walking due to a mental or physical disability;

“social protection” includes public and private policies and programmes aimed at preventing,

reducing and eliminating economic, discriminatory and social vulnerabilities to poverty and

deprivation;

“Social Protection Administrator” means a public officer within the Department appointed as

such by the [Public Service Commission];

“specific eligibility criteria” means the criteria list in Schedule 3;

“underemployed” not having sufficient income from employment to live above the poverty

line;

“vulnerable person” or “vulnerable group” means a person or group of persons whose total

income falls below the poverty line;

3. Purpose

The purpose of this Act is to promote and advance the social and economic well-being of

vulnerable persons by –

(a) establishing a legal framework for the development, implementation and maintenance

of social protection programmes that are accessible, efficient, sustainable and

responsible;

(b) promoting poverty reduction; and

(c) employing exit strategies to beneficiaries who are able to be retrained and are

employable to create an enabling environment for independence.

4. Binds the Crown

This Act binds the Crown.

PART I

SOCIAL PROTECTION BOARD

5. Establishment of the Board

There is established a Social Protection Board consisting of five members appointed by the

Minister.

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6. Constitution of the Board

(1)The Board consists of -

(a) the Accountant General or nominee;

(b) the Attorney General or nominee;

(c) a member nominated from [a recognized] civil society [organization] ;

(d) a member from Barbuda from [a recognized] civil society [organization];

(e) a member nominated by the Minister.

(2) Where a member is not nominated under subsection (1), the Minister may nominate a

person as a member of the Board.

(3) The Minister shall designate a member of the Board to be the Chairperson of the Board

and another to be the Deputy Chairperson;

(4) Subject to section 14, a member holds office for a period of three years from the date of

his or her appointment, and is eligible for reappointment for not more than two consecutive terms.

7. Secretary to the Board

(1) The Social Protection Administrator is ex-officio, non-voting, Secretary to the Board and

in his or her absence, the Chairperson may delegate any other member to act as Secretary.

(2) The Secretary to the Board shall perform such duties as are normally assigned to and

consistent with the post of a Corporate Secretary, in particular, the Secretary shall ―

(a) make preparations for and attend meetings of the Board;

(b) prepare and keep official minutes of meetings of the Board; and

(c) assist the Board in all respects and in such manner as the Board may from time to

time require in the discharge of its functions.

8. Acting members

(1) Where the Chairperson, or any other member of the Board is absent or unable to act, the

Minister may appoint any person to act temporarily in the place of the Chairperson or such

member33.

(2) Where the Minister appoints a person temporarily under subsection (1), the appointment

must comply with the requirements in section 6 as to the constitution of the Board.

9. Disqualification

A person is disqualified from being a member of the Board if that person –

(a) is declared by a court to be a bankrupt;

(b) is declared by a court or certified by a registered medical practitioner to be mentally

challenged;

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(c) has been convicted of a criminal offence except where the offence is a minor traffic

offence or has been spent under the Criminal Records (Rehabilitation of Offenders)

Act, No 19 of 2013; or

(d) is a member of Parliament.

10. Functions and duties of Board

(1) Subject to subsection (2), the Board shall—

(a) consider applications for approval from the Department;

(b) review reports of the Department;

(c) hear, deliberate and resolve inquiries from applicants and recipients;

(d) provide reasons for decisions made in respect of an application;

(e) administer the affairs of the Fund; and

(f) carry out such other functions incidental to the proper discharge of the functions under

paragraphs (a) to (e).

(2) Subject to this Act, the Board may for the purpose of exercising or discharging any

functions under this Act, do all such things as may be necessary to ensure the proper exercise or

discharge of its functions.

11. Powers of the Board

(1) For the purposes of the discharge of the functions under section 10, the Board has power

to request any information, document or thing, with respect to an inquiry from –

(a) the Director;

(b) the Department;

(c) an applicant; or

(d) any other person who, in the opinion of the Board, may be able to assist.

12. Resignations

(1) Any member of the Board, other than the Chairperson, may at any time resign his or her

office by notice in writing addressed to the Minister and transmitted through the Chairperson, and

from the date of the receipt by the Minister of such notice, such member ceases to be a member of

the Board.

(2) The Chairperson may at any time resign his or her office by notice in writing addressed to

the Minister and such resignation takes effect as from the date of the receipt by the Minister of

such notice.

13. Leave of absence

The Minister may, on the application of a member in writing grant leave of absence to the member

for a period not exceeding three months.

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14. Revocation of appointment

(1) The Minister may at any time revoke the appointment of any member of the Board if that

member —

(a) becomes disqualified in accordance with section 9;

(b) is incapable for any reason of performing his or her function as a member;

(c) fails to disclose his or her interest in accordance with section 21; or

(d) is absent from three consecutive meetings without being excused by the Chairperson.

15. Publication of names of members

The names of all members of the Board as first constituted and every change in the membership of

the Board must be published in the Gazette.

16. Meetings of the Board

(1) The Board shall meet at least twice in each month and at any other period as may be

necessary or expedient for the discharge of its functions.

(2) The Chairperson may at any time call a special meeting of the Board -

(a) where a written request for that purpose is addressed to him or her by any three

members of the Board;

(b) where a direction to that effect is addressed to him or her by the Minister; or

(c) at his or her own discretion.

(3) Meetings of the Board shall be held at the place, day, and time the Chairperson

determines and due notice of the place, day and time must be given to each member in writing at

least forty-eight hours before the time the meeting is to be held.

(4) The Chairperson may convene a meeting of the Board by video, teleconference or other

electronic means with the concurrence of a [majority] of the voting members.

(5) A member is deemed to be present at a meeting of the Board where the member

participates by teleconference or other electronic means and all members participating in the

meeting are able to communicate with each other.

(6) The Chairperson or in his or her absence, the Deputy Chairperson, shall preside at

meetings of the Board.

(7) The quorum for meetings of the Board is a majority of the voting members, and if a

quorum is present, the Board is not disqualified for the transaction of business or the validity of

any proceedings of the Board by reason of a vacancy among its members or any defect in the

appointment of a member.

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(8) A decision of the Board shall be adopted by a majority of the votes of members present

and voting, and in the event of an equality of votes, the Chairperson or Deputy Chairperson

presiding at the meeting shall have a casting vote.

(9) Whenever, in the judgment of the Chairperson, there arises a situation where any action

contemplated by the Board requiring the approval of the Board should not be postponed until the

next meeting of the Board and cannot await the calling of a special meeting of the Board under

subsection (2) –

(a) the Chairperson shall –

(i) request the members to vote without meeting;

(ii) present to each member, by rapid means of communication, a motion embodying

the proposed action;

(b) each Member shall as soon as possible, notify the Chairperson of his or her decision

or recommendation on the proposed action;

(c) at the expiration of the period prescribed for voting, the Chairperson shall cause the

results to be recorded, and shall notify all members of the results and of the status of

the decision or recommendation;

(d) the decision or recommendation in writing signed by all the members entitled to

receive notice of a meeting of the Board, shall be valid and effectual as if it had been

passed by a meeting of the Board duly convened and held and may consist of several

documents in the like form each signed by one or more members;

(e) a decision made under paragraph (d) must be ratified by, and recorded in the minutes

of the next or subsequent meeting of the Board.

(10) Notwithstanding subsection (9)(c) and (d), if any member so requests, the matter on

which a decision is required shall be referred for consideration by the Board at its next meeting.

(11) 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.

(12) Minutes of each meeting and transactions of the Board shall be recorded by the Secretary

and shall be confirmed by the Board at its next meeting and signed by the Chairperson or Deputy

Chairperson, as the case may be.

(13) Subject to the provisions of this Act, the Board may regulate its own procedure for

meetings.

17. Seal of the Board

(1) The Board must have an official seal which is kept in the custody of the Secretary.

(2) The affixing of the official seal of the Board must be witnessed and signed by the

Chairperson, or in his or her absence, the Deputy Chairperson.

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(3) All documents which are executed by the Board and all decisions of the Board shall be

signed by the Chairperson, or in his or her absence the Deputy Chairperson, to act on behalf of the

Chairperson.

18. Signification of other documents

All documents other than those required by law to be made under seal and all decisions of the

Board may be signified under the hand of the Chairperson or in the absence of the Chairperson,

shall be signified by any other member authorised to act for that purpose.

19. Fixed address

(1) The Board shall at all times have a fixed address.

(2) The address for service of a notice, order or other document, on the Board shall be

published in the Gazette.

20. Protection of members

A member of the Board is not personally liable for any act or default of the Board done or omitted

to be done in good faith in the course of the operations of the Board.

21. Disclosure of interest

A member of the Board who is in any way interested in an undertaking or matter which is under

consideration by the Board shall disclose to the Board the fact and nature of his or her interest and

shall not take part in and shall be absent from any deliberation or any decision of the Board

relating to such matter and such a disclosure must immediately be recorded in the records of the

Board.

22. Remuneration of members

There shall be paid to the members of the Board, such remuneration and allowances, if any,

whether by way of stipend, honorarium or fees, as Cabinet determines.

23. Expenses of Board

The expenses of the Board, including the remuneration of the members are to be paid out of the

Fund.

24. Independence

Subject to this Act, the Board is not subject to the direction or control of any person in the exercise

of its powers and subject to this section, may regulate its own procedure.

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PART II

SOCIAL PROTECTION FUND

25. Establishment of the Social Protection Fund

(1) There shall be established a Fund to be called the Social Protection Fund into which shall be

paid—

(a) all contributions;

(b) all interest, dividends or other income derived from the assets of the Fund;

(c) all sums properly accruing to the Fund under this Act, including the repayment of

assistance;

(d) such other sums as may be provided by Parliament for the purposes of this Act or as

may be received and accepted by the Board on behalf of the Fund;

(e) all assets and all other funds held in trust for the Fund;

(f) any sums transferable to the Fund.

(2) There shall be paid out of the Fund—

(a) all assistance;

(b) all rents, expenses and allowances properly incurred in the administration of this Act;

(c) all liabilities incurred by the Fund;

(d) any expenditure considered by the Minister to be necessary for the training or

advancement of the recipients, officers or employees;

(e) any sums expended for carrying out any surveys or research for the purpose of

gathering any data which the Minister considers necessary for the performance of the

functions of the Fund under this Act;

(f) any fees, subscriptions or sums for membership, affiliation or contribution to or in any

local, regional or international body concerned with social protection;

(g) all other monies which the Minister may consider to be reasonable and necessary for

the proper and efficient performance of the functions of the Fund;

(h) any other payments authorised under this Act.

26. Body Corporate

(1) The Fund shall be a body corporate in which all funds for the management of the social

protection programmes are vested and to which section 22 of the Interpretation Act, Cap. 224

applies.

(2) The Fund is administered by the Board.

27. Objectives of the Fund

The objectives of the Fund include –

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(a) establishing an efficient, complimentary and demand-driven mechanism for

delivering basic services and infrastructure to a vulnerable person, utilising non-

governmental organisations, community organisations and local government

organisations;

(b) financing small-scale projects in the following areas, namely, basic infrastructure

and small-scale productive activities;

(c) providing assistance for the improvement of living conditions, promotion of

community participation and enhancement of social protection infrastructure related

to health, education, financial and other social assistance;

(d) providing assistance or skill training opportunities to vulnerable persons to alleviate

socio-economic hardship or otherwise.

28. Powers and functions of the Fund

(1) The Fund shall, apart from the powers consistent with the objects for which it is

constituted under section 25, have the following powers—

(a) to acquire by purchase, exchange, devise or otherwise all kinds of property moveable

or immoveable including messuages, lands, tenements, hereditaments of any tenure

and also moneys, securities for money, goods or chattels and may exercise full

powers of ownership over such property;

(b) to grant a lease of any property vested in the Fund upon such terms and conditions as

the [Minister/Board] may think fit;

(2) the powers to sell, lease, exchange or otherwise dispose of any immoveable property or

interests vested in the Fund shall not be exercised without the prior approval of Cabinet;

(3) The Board shall, on behalf of the Fund, subject to the availability of resources, approve

projects and programmes and provide, either wholly or partially, financial and technical assistance

to community and other focus groups with development goals, and local government

organisations, for the execution of such projects or programmes which will serve to provide

services or assistance to a vulnerable person or group.

(4) In approving a project or programme under subsection (1), the Board shall have regard to

all relevant matters, including the following—

(a) the financial aspects of the proposed project or programme;

(b) whether the proposed project or programmes can be commenced expeditiously;

(c) the time required for the completion of the proposed project or programme;

(d) whether the proposed project or programme has the capacity to achieve technical,

environmental, institutional and economic viability according to established project

approval criteria;

(e) whether the proposed project or programme or applicant is in a geographic or

sectoral priority area identified for poverty alleviation or impacts a vulnerable group;

(f) the operating costs in relation to the proposed project or programme.

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(5) The Board shall have the power to approve—

(a) the procedures and criteria for project and programme selection, and the projects and

programmes submitted for its consideration in accordance therewith;

(b) the policies regarding the management of projects, programmes and activities, and

financial regulations and its tendering, procurement and disbursement procedures;

(c) the budget; and

(d) the rules prescribing the procedures including the quorum for, the meetings of the

Fund, and the manner in which it will transact its business.

29. Revenues of the Fund

The revenues of the Fund shall consist of the following—

(a) loans or grants from international financial or funding agencies;

(b) revenues allocated from the Consolidated Fund;

(c) any other money lawfully contributed, donated or bequeathed to the Fund or received

by the Fund from any other source.

30. Expenses of the Fund

The expenses of the Fund, including the remuneration of members and staff thereof, shall be paid

out of the funds and resources of the Fund.

31. Borrowing powers and guarantee of borrowing

(1) Subject to the provisions of subsection (2), the Fund may borrow money required by it

for meeting any of its obligations or discharging any of its functions under this Act.

(2) Borrowing may be effected only with the prior approval of the Minister and the Minister

responsible for finance, including in relation to the amount, the sources of borrowing and any

other terms and conditions of such borrowing.

(3) The Fund may not pledge its assets as security for any loan without the prior written

approval of the Minister responsible for finance.

(4) On the advice of Cabinet, the Minister responsible for finance may guarantee any

approved borrowing by the Council.

(5) A borrowing guaranteed under this section shall in default of payment by the Fund be

charged on the Consolidated Fund.

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32. Submission of budget estimates

(1) The Board shall, in such form and by such dates as may be prescribed by the Permanent

Secretary, Ministry of Finance, prepare and submit to the Minister, estimates of income receivable

and the expenditure to be incurred during each financial year (including any supplementary

estimates), and the Minister shall present the said estimates to the House of Assembly and the

Senate with such amendments, if any, as he or she may consider necessary.

(2) Except with the approval of the Minister, no further sum shall be expended in any

financial year other than that provided in the estimates relating to such financial year.

33. Accounts and audit

(1) The Board shall keep accounts and other records in relation to the business of the Fund

and shall prepare annually a statement of accounts in a form satisfactory to the Minister, being a

form which shall conform to the best commercial and accounting standards.

(2) The accounts of the Fund shall be audited annually by an auditor appointed in each year

by the Board with the approval of the Minister.

34. Annual report

(1) Within 4 months after the end of each financial year, the Board shall cause to be made

and shall submit to the Minister—

(a) a statement of its accounts audited in accordance with section 33(2); and

(b) a report dealing generally with the proceedings and policies of the Fund during that

financial year.

(2) The Minister shall cause a copy of the report under section 34(1) together with the annual

statement of accounts and the auditor’s report to be tabled in the House of Assembly and the

Senate.

35. Exemption from income tax, property tax and stamp duty

(1) The Fund shall be exempt from the payment of income tax and property tax.

(2) All instruments executed by or on behalf of the Fund is exempt from stamp duty.

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PART III

SOCIAL PROTECTION COMMISSION

36. Establishment of the Commission

There is established a body to be known as the National Social Protection Commission.

37. Functions and powers of Commission

(1) The Commission’s functions include the following -

(a) to advise and report to the Minister and the Permanent Secretary on the formulation of

national policy on matters relating to social protection;

(b) to forge and build linkages between social sectors to develop common tools and

platforms to plan, implement and monitor social protection programmes in an

integrated fashion working in collaboration with stakeholder ministries;

(c) to work in collaboration with stake holder ministries, private sector and civil society

to facilitate development of legislative frameworks for social protection

programmes;

(d) to advocate for the social protection investments and support national human and

economic development by building sustainable national systems, policy and

legislative reform to effectively address the multiple vulnerabilities faced by children

and their families;

(e) to create and strengthen an enabling environment for social protection services and

systems to reduce poverty and inequity and to increase economic participation and

social inclusion specifically as it relates to vulnerable groups;

(f) to assist in developing social protection programmes that are affordable and

sustainably financed through evidence-based decisions, including technical

assessments such as budget and fiscal space analyses;

(g) promote the development and strengthening of an integrated, equitable and

sustainable social protection system to help reduce poverty and vulnerability as well

as deliver child and gender sensitive programs;

(h) to provide leadership and collaboration on the implementation of the various social

protection and national poverty reduction programmes;

(i) to liaise with international and regional developmental partners to secure financial and

educational support to undertake social research through the formulation of grant

proposals with the Department;

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(j) to work closely with the Department and the statistical office in conducting timely and

appropriate social research to include the administering of core questionnaires and

surveys and other short term social impact assessments to inform policy decisions;

(k) to establish monitoring processes for the purpose of efficiency and to enable

evaluation of all social protection programmes;

(l) In collaboration with the Department to identify targeted training opportunities for

staff development and for capacity building and skills development;

(m) to facilitate the development and monitoring of exit strategies by creating the

frameworks for sustainable training, education, counselling and employment by

creating linkages with the relevant institutions and entities;

(n) to monitor and ensure compliance with any prescribed standards set for social

protection programmes.

(o) to ensure the protection of the interest of recipients in relation to the provision of the

social protection;

(p) to undertake in conjunction with other institutions and entities where practicable,

training, manpower planning, seminars and conferences in areas of national and

regional importance in social protection;

(q) to conduct research relating to social protection as may be necessary;

(r) to report to, advise and make recommendations to the Minister quarterly or as deemed

necessary by the Commission or Minister, on the economic, financial, legal,

technical, environmental and social aspects of social protection in Antigua and

Barbuda; and

(s) to perform such other functions specified in this Act, any other Regulatory Acts or the

Regulations.

(2) In addition to any other powers specified in this Act, the Commission shall have the

power to do all things necessary or convenient to be done for or in connection with the

performance of its functions.

(3) The Commission, in addition to its functions, may provide guidelines published in the

Gazette on the concept of social protection.

38. Minister may give directions

The Minister may give directions in writing to the Commission of a general policy nature and the

Commission shall comply with such directions.

39. Composition of Commission

(1) The Commission shall comprise 7 commissioners who shall be appointed by the Minister

on such terms and conditions as the Minister may specify.

(2) The commissioners shall be persons of integrity, collectively having recognized

experience and expertise in social policy development, social protection, education finance and

accounting, business administration, labour relations the environment or public health.

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(3) The Commission consists of:

(a) a member from Barbuda;

(b) a member nominated by the Ministry with responsibility for health;

(c) a member nominated by the Ministry with responsibility for finance;

(d) a member nominated by the Ministry with responsibility for education;

(e) a member nominated by the Ministry with responsibility for labour;

(f) a member nominated by the Minister.

(4) The Director is ex-officio, the Chairperson of the Commission.

(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.

(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. 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 -

(i) is a minor traffic offence; or

(ii) is spent in accordance with Criminal Records (Rehabilitation of Offenders) Act,

Cap. 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.

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(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. 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. 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. 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.

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.

(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

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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.

(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.

(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.

(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.

(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.

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47. 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.

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.

(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.

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PART IV

ASSISTANCE

50. 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. 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.

(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. 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.

PART V

APPLICATION AND ADMINISTRATION

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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. 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.

(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. 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.

(2) An approved applicant shall be subject to periodic assessments by the Department.

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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. 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. 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. 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.

(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.

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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.

(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. 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.

(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.

(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 -

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(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.

(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. 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.

(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.

(3) The Secretary shall cause an Order made by the Board to be received by the Registry

within 7 days after the Order made.

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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.

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. Establishment of Appeals Tribunal

There is established an Appeals Tribunal to be known as the Complaints and Appeals Tribunal.

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. Tenure

A member of the Appeals Tribunal holds office for a period not exceeding three years but is

eligible for reappointment.

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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.

(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. 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. 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.

(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.

76. Publication in the Gazette

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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.

(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. 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.

(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.

(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.

(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.

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(9) The decision of the Appeals Tribunal shall be conveyed to the Board and the appellant in

writing.

(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.

(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.

(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. 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. 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.

PART VII

RECOVERY AND OFFENCES

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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.

(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. 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. 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.

(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. False or misleading statement or information

(1) A person who –

(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,

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(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. 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. 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,

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.

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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.

(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.

(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.

(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. 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.

(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.

(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.

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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.

(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.

(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.

(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;

(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.

(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.

(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.

(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.

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. Amendment of Schedules

The Minister may, by Order published in the Gazette, amend the Schedules to this Act.

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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.

(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.

(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.

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.

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SCHEDULE 1

(Section 55)

FORM 1

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

Why are applying for social assistance?

Incarcerated Parent Death of a Parent/ Caregiver Insufficient Income

Impoverished Elderly Severe verified disability Other (please explain)

_______________________________________________________________________________

_______________________________________________________________________________

Are you receiving any social assistance? Yes No

Place Photo Here.

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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. _____________ 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

If no, skip to section 3.

If yes, how many and their relation to you _______________________

Applying on behalf of: Self Child

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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? 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)

Name of head of household, if different from applicant___________________________________

How many persons live in the household? __________

How many bedrooms? ____________

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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? 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? __________________________________

Please indicate any of the following assets that you own: House Land Vehicle

Livestock (please list) _______________________ Investments None

__________________________

__________________________

__________________________

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List of Expenses per month

Items Cost per month

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 $

Name of person making referral: (please print) _______________________________________

Designation/ Occupation of Referee_________________________________________________

Address & Contact Number # _____________________________________________________

Signature of Referrer Source_________________________________ Date _________________

Stamp

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Signature of Witness________________________________________________________

Disclaimer: The information that I have provided is true and accurate. 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. I

agree to participate in programs attached to the provision of any assistance towards graduation

from the programme as may be deemed necessary

Print name of Applicant________________________________________________

Signature of Applicant _________________________________________________

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Official Use Only

Date of Review: _____________________________________

Approval granted? Yes No

Justification for Approval:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Reason for Decline:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Approval date_________________________

Period of Approved Benefits ___________________________________________________

Next Recertification Date ______________________________________________________

Signature of Approval Officer____________________________ Date_________________

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FORM 2

(Section 55)

Department of Social Policy, Research and Planning

Ministry of Social Transformation and Human Resource Development

HOME IMPROVEMENT GRANT FOR THE ELDERLY

APPLICATION FORM

Application No_____________ Intake SPO: ______________________________

Date: __________________

Have you or any household member applied or received any assistance from the Ministry of Social

Transformation for Home Improvement before? Yes □ No □

If yes, what year____________

What kind of assistance did you receive? ___________________________________________

_____________________________________________________________________________

Section A

Name of property owner____________________________________(if different from applicant)

Relationship to applicant________________ Tel _____________________________

Address_______________________________

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Applicant Information

Applicant: ___________________________________________

Sex M___ F____ D.O.B______________

National ID no. ______________________

Marital Status:

Single __ Married __ Divorced__ Separated__ Common Law___ Widowed___

Country of birth________________________________ Nationality ____________________

Address_____________________________Tel:__________________________

Choose from the Following Source of Income: Social Welfare Assistance □ Social Security □

Pension

Disability Grant □ Religious Organization Assistance □ Remittances (monies from relatives

abroad) □

Other (Please specify) __________________________________________

Monthly household Income_____________

Number of Persons Occupying House_______________

Household Composition

Name Age Sex Occupation/School Comments

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Section B

Land Information (if applicable)

Are you the owner of the Land? Yes □ No □

Are you the owner of the House? Yes □ No □

Do you have Title to the property? Yes □ No □

Other: □Leasehold □Rental □Joint Ownership by Other Relations

Will you get the necessary approval/ permission to undertake the necessary home repair from

owner/landlord in writing? Yes □ No □

(*requires written documentation from person)

Home Improvement Repairs/ (where applicable)

Check the type of work to be done:

□ General Upgrading of Wooden or Concrete Structure □ Roof or Ceiling repair

□ Floor □ Improvement to access for Elderly or Disabled □ Plumbing work

□ Construction of Sanitation Facility □ Extension/Addition to ease overcrowding

□ Electrical work □ Improvement to earthen floor to concrete or wooden

□ Repairs to steps □ Installation of Guard rails □Materials □Fixtures □Wiring □Other,

Please Specify_________________________________

Approximate Cost for Work to be done EC$_______________

Amount required EC$___________________________

All eligible applicants will be selected for interview and assessment. Final determination will

be made on application.

Recommended By_____________________________ ______________________________

Print Name Signature

Approved by _________________________ __________________________

Social Protection Administrator Appraisal Officer

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Date____________________

Please attach letter of recommendation and detailed estimate of materials required for the project

to this form

The following documents must be presented with the completed application form

Referral letter from the following persons

o District Nurse or Registered Medical Practitioner

o Welfare Officer

o Minister of Religion

Original birth certificate along with Government issued Photo ID

Evidence of citizenship (where applicable)

Proof of ownership or Authorized letter from owner of property (where necessary)

Documentary evidence of household income

Recent pay slip/ Job Letter/Pension slip

Quotation for repair work to be completed

FORM 3

(Section 55)

Official Stamp

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Department of Social Policy, Research and Planning

Ministry of Social Transformation and Human Resource Development

HOME ADVANCEMENT PROGRAMME FOR THE INDIGENT (HAPI)

APPLICATION FORM

Application No_____________

Date: __________________

Have you or any household member applied or received any assistance from the Ministry of Social

Transformation for Home Improvement before? Yes □ No □

If yes, what year____________

What kind of assistance did you receive? ___________________________________________

_____________________________________________________________________________

Section A

Name of property owner___________________________________(if different from applicant)

Relationship to applicant________________ Tel _____________________________

Address_______________________________

Applicant Information

Applicant: ___________________________________________

Sex M___ F____ D.O.B______________

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National ID no. ______________________

Marital Status:

Single __ Married __ Divorced__ Separated__ Common Law___ Widowed___

Country of birth________________________________ Nationality ____________________

Address_____________________________Tel:__________________________

Choose from the Following Source of Income:

Salary □ Social Welfare Assistance □ Social Security □ Pension □ Self Employed □

Disability Grant □ Religious Organization Assistance □ Remittances (monies from relatives

abroad) □

Other (Please specify) __________________________________________

Weekly Household Income________________ Monthly household Income_____________

Number of Persons Occupying House_______________

Household Composition

Name Age Sex Occupation/School Comments

Section B

Dwelling House Characteristics

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House Size- 1Bedroom 2 Bedrooms3 Bedrooms Indoor Kitchen Outdoor

KitchenIndoor Bathroom/ Toilet Outdoor Bathroom/ Toilet

Type of materials used for construction of Dwelling House_____________________________

Type of roofing material __________________________________

Amenities

□ Electricity □ Pipe borne water□ Cistern □ Water Tank□ Drums

Section C

Land Information (if applicable)

Are you the owner of the Land? Yes □ No □

Are you the owner of the House? Yes □ No □

Do you have Title to the property? Yes □ No □

Other: □Leasehold □Rental □Joint Ownership by Other Relations

Will you get the necessary approval/ permission to undertake the necessary home repair from

owner/landlord in writing? Yes □ No □

(*requires written documentation from person)

Section D

Home Improvement Repairs/ HAPI Assistance (where applicable)

Tick the type of work to be done:

□ General Upgrading of Wooden or Concrete Structure □ Roof or Ceiling repair

□ Floor □ Improvement to access for Elderly or Disabled □ Plumbing work

□ Construction of Sanitation Facility □ Extension/Addition to ease overcrowding

□ Electrical work □ Improvement to earthen floor to concrete or wooden

□ Repairs to steps □ Installation of Guard rails □Materials □Fixtures □Wiring □Other,

Please Specify_________________________________

Approximate Cost for Work to be done EC$_______________

Amount required EC$___________________________

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Application Declaration

Declaration

I ___________________________________________ certify that the information provided

on this application form is true to the best of my knowledge. I also understand that

provision false information will automatically disqualify me from obtaining the assistance.

___________________________________________ _______________________

Applicant Signature Date

The following documents must be presented with the completed application form

Original birth certificate along with two Government issued photo IDs

Evidence of citizenship (where applicable)

Proof of ownership or copy of the Title Deed

Copy of Marriage/ Death/ Divorce Certificate

Other documents as necessary

FOR OFFICIAL USE ONLY

Section A

Site Visit (to be completed by Evaluation Team)

Date and Time_______________________

Visited by ___________________________ _________________________________

Name Position

_________________________ _________________________________

Name Position

Approximate cost for the work to be done______________________________

Evaluation Report:

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Selection Approved □ Yes □ No

Signature _________________________________________

Section B

Site Visit (to be completed by National Housing)

Date and Time_______________________

Visited by ___________________________ _________________________________

Name Position

Report on Work to be undertaken

Date work commenced ___________________ Date of completion_________________

Final Cost ___________________

Comments:

___________________ _________________________

Name Signature

________ _______________________________

Date Position

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FORM 4

(Section 55)

Department of Social Policy, Research and Planning

Ministry of Social Transformation and Human Resource Development

FUNERAL GRANT

APPLICATION FORM

Client Name: ___________________________________________

Intake Officer: ______________________________ Date: __________________

Applicant Information

Person applying for funeral grant__________________________________________

Sex__________ DOB___________________ Marital Status______________

Relationship to deceased: ______________________

Address: _______________________________ Tel. No: _________________________

Reason for Application: _________________________________________________________

Details of deceased

Name of Deceased: ______________________________________________________________

Nationality: ________________________Social Protection Assistance Recipient: YES□ NO□

Date Admitted to the Social Protection Assistance: __________________________

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Address at time of death: ________________________________________________

Date of Birth: ________________________Date of Death ______________________________

Cause of Death: _________________________________________________________________

Age at time of Death___________________Date of Funeral ____________________________

Name of Undertaker: ____________________________________________________________

Did the deceased have minor child Yes□ No□

If yes,

Name Date of Birth School Address

Does the deceased have any of the following assests?

Yes No Value

Vehicle

House

Money in Bank

Pension fund

Life Insurance

Other assets

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Please specify

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

___________________________________________________________________________

Disclaimer: The information that I have provided is true and accurate. I authorize the

Ministry of Social Transformation to use this information to verify my application. Please

note that this service will only be provided to clients of the Department of

OFFICIAL USE:

Status of Application Approved □ Denied □

Justification for Decision:

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

________________________

Social Protection Adminstrator: _____________________ __________________________

Name Signture

Date_____________

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Chief Social Protection Officer: _________________________________

_____________________ Name

Signiture

Date ___________

Permanent Secretary/SPB Chairperson: __________________________

_______________________

Name Signiture

Date______________

The Following Documents Must be presented with the completed application form

An Original Birth Certificate for applicant

An Orginal Birth and Death Certificate for deceased

Government issued photo ID of person making application and proof of

relationship to the deceased

A letter from the Child’s school detailing enrollment and attendance (where

applicable)

Invoice from funeral home

SCHEDULE 2

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(Section 55)

SUPPORTING DOCUMENTS

The supporting documents and information required to be submitted with an application made

under section 55 are as follows –

(a) Referral Letter from the A Doctor, Nurse or Member of the Clergy

(b) A passport size Photo of the applicant

(c) Valid government issued photo identification card/ social security card/medical assistance

card /passport

(d) Death/Marriage/Divorce Certificate (where applicable)

(e) Original Birth Certificate(s) where applicable for self and any other child applicant(s).

(f) A letter from the Child’s school detailing enrollment and attendance

(g) Child’s immunization card

(h) If applying due to medical reasons documented proof of illness and how it impacts your

ability to work

(i) Proof of address in Antigua and Barbuda (where applicable)

(j) Property title (where applicable)

(k) Medical certificate (where applicable)

(l) Evidence of any current support or income

(m) Proof of school enrollment (where applicable)

(n) Proof of monthly commitments

(o) Proof of life certificate (where applicable)

(p) Proof that the parent is incarcerated or proof of seeking child support from the non-custodial

parent

(q) Life Certificate [and residency] (if approved)

(r) Utility bills (electricity, water)

(s) Rent receipts (if applicable)

(t) Affidavits (where applicable)

(u) Any other relevant information as required by the Department

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SCHEDULE 3

(Sections 50, 51,54,55,65)

Assistance Categories and Specific Eligibility Criteria

To qualify for assistance under this Act an applicant must –

(a) satisfy the relevant specific eligibility criteria for any assistance category that he or she

qualifies for, as required; and

(b) satisfy the following additional requirements -

i. be a vulnerable person;

ii. be a legal resident in Antigua and Barbuda;

iii. be a member state citizen;

iv. with the exception of a child applicant, not have savings to exceed $2,500.00 or

any other amount as prescribed from time to time;

v. apply to the Department as prescribed;

vi. have no income generating property, business or livestock;

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vii. not in receipt of assistance by the Government or otherwise that allows the

applicant to meet their needs on an ongoing basis;

viii. if eligible, agree to receive financial and other counselling from the Financial

Empowerment Centre as part of the exit strategy of the Ministry.

Assistance Categories Eligibility Criteria

Cash and Food Assistance

▪ Underemployed or unemployed

▪ Legal Resident for a minimum of 3 years

▪ Should not be a recipient of any other similar government social programme

Elderly Support

(Grace) ▪ Persons 65 years and older with limited mobility

▪ No financial support

▪ Living alone or with only [one] other person

▪ With no caregiver support or assistance

▪ Legal Resident for a minimum of 3 years

Elderly Support –Day Care

(where available) ▪ Must pay the monthly applicable fee to the day care facility

▪ Persons 65 years and older

▪ Must be in need of daily day care assistance

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Elderly Utility Subsidy

(electricity and water) ▪ Persons 65 years and older

▪ Living alone or with only [one] other person

▪ Utility must be in the applicant’s name

▪ Legal Resident for a minimum of 3 years

Funeral Assistance

▪ the deceased to be beneficiary of social protection assistance

▪ the deceased next of kin should also be a vulnerable person

▪ Legal Resident for a minimum of 3 years

Fire Victims Assistance ▪ Should be resident in the house at the time of the fire

▪ Must be a residential fire verified by a valid Police Report

▪ Property, contents and other personal effects must be uninsured

▪ Must have proof of home ownership or residency

Healthcare, pharmaceuticals

and Family Planning ▪ Persons who are enrolled in one or more social protection assistance

programmes [Based on RB email of 9th May sounds like they do not have to be

-please confirm]

Housing - Home

Improvement ▪ Persons [25] years and older or a beneficiary of inherited property

▪ Proof of home ownership

▪ Proof of land ownership or approval from landowner

▪ Home in need of repairs

▪ Unemployed or underemployed

▪ Legal Resident for a minimum of 3 years

Mental Healthcare ▪ Persons certified by a registered medical practitioner as mentally ill

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Residential Care (Elderly) ▪ Persons 65 years or older

▪ With no caregiver or financial support

▪ With no place to live

▪ Legal Resident for a minimum of 3 years

Residential Care (child) ▪ Without parents, guardians or caregivers

▪ Abandoned, abused or neglected (referred by child welfare)

▪ Court mandated

▪ At risk of delinquency (as decided by court)

School Support ▪ To be Enrolled in early childhood, primary and secondary schools

Schooling

(daycare/preschool, special

education and tertiary

education)

Daycare/preschool

▪ 0-5 year olds (day care/ preschool)

Special education

▪ 5 – 21 years old (special needs)

▪ Diagnosed with special needs by a certified professional [Rachel to confirm]

Tertiary

▪ Enrolled in an accredited tertiary institutions with a course of study pertaining

to the priority areas as [specified/approved] by the government

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Support and Counselling ▪ Persons living with HIV/AIDS

▪ Primary and secondary school students diagnosed with dyslexia or other

learning disabilities

▪ Persons with drug or alcohol dependency

▪ Legal Resident for a minimum of 3 years (Adults only)

▪ Referral from Clinics/Police/Courts/ other social agencies

▪ Requests for protection/support (from victims of abuse/other social protection

agencies)

Work and Training ▪ Persons [16] – 65 years old

▪ Underemployed and Unemployed

▪ Legal Resident for a minimum of 3 years

SCHEDULE 4

(Section 91)

Oath of Secrecy

Form of oath to be taken by Board members, commissioners, directors, officers and

employees under this Act

I,.......................................................................(name) swear or affirm that I will well and faithfully

carry out my duties and obligations under the National Social Protection Act, [2019] and the

Regulations, rules and instructions thereunder and that I will not without due authority in that

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behalf disclose or make known any matter or thing that comes to my knowledge by reason of my

employment or office.

Signed

Date

SCHEDULE 5

(Section 90)

PROOF OF LIFE [AND RESIDENCY] CERTIFICATE

Full Name of [elderly/shut-in/immobile/child]

Recipient_______________________________________

Date of Birth ____________________________ NIS Number_________________

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Address _______________________________________________________________

Type of assistance_____________________________________________________

Signature/Mark of Recipient __________________Date _________________

I, ___________________________ of ________________________________________

(please print name) (please print address)

__________________________________________Telephone Number___________

(please state profession and/or official title)

Hereby certify that ____________________________________________________

Whose signature is affixed above was alive [and resident in Antigua and Barbuda] on the

___ day of _____________________ 20_________.

______________________ _______________________

Date Signature

________________________________________________________________________

CERTIFICATE OF TRUTH

I do hereby certify that all statements made by me in this Certificate are true and correct

to the best of my knowledge, information and belief. Further, I understand that in the

event that I have knowingly and wilfully made any false statements, I will be liable for

punishment in accordance with the applicable law.

Signature or mark of recipient or parent/guardian (of child):

_____________________________________Date: __________________________

Note: This Life Certificate is to be certified by a Ministry of Religion, Director,

[Director, Chief or Senior Social Protection Officer] or Registered Medical Practitioner

with his or her stamp affixed hereto.

SCHEDULE 6

(Section 2)

MEMBER STATES

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Anguilla

Antigua and Barbuda

British Virgin Islands

Commonwealth of Dominica

Grenada

Martinique

Montserrat

Saint Kitts and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Passed in the House of Assembly this day of , 2019.

Speaker of the House of Assembly.

Passed in the Senate this day of , 2019.

President of the Senate.