National Pensions Act

National Pensions (Claims and Payment) Regulations 1977

[GN 117 of 1977 – 2 July 1977] [Section 46]

1. These regulations may be cited as the National Pensions (Claims and Payment) Regulations 1977.

2. In these regulations –

"Act" means the National Pensions Act;

"approved form" means a form approved by the Minister;

"beneficiary" means a person in receipt of a benefit;

"claim" means a claim for a benefit;

"Medical Board" means the Medical Board appointed under section 34(2) of the Act;

"medical officer" means the medical officer appointed under section 34(2) of the Act.

[Reg. 2 amended by reg. 3 of GN 220 of 1980 w.e.f. 1 July 1980.]

3. (1) Every claim for a benefit shall be submitted to the National Pensions Officer for determination.

(2) The claim shall be made on an approved form at such place and in such manner as the Minister may determine.

(3) The National Pensions Officer may require a claimant to furnish such additional information and produce such documents as would enable him to determine the claim.

(4) Subject to the provisions of the Act, the National Pensions Officer may, where appropriate and pending final determination of the claim, award to a claimant the benefit to which he may be eligible.

(5) The decision of the National Pensions Officer under paragraph (1) shall be communicated to the claimant in writing.

(6) Where a claim has been disallowed no fresh claim may be made by the claimant until after the expiry of 6 months from the date on which the original claim was disallowed, unless the National Pensions Officer is satisfied that there is good ground for the fresh claim.

(7) Where the National Pensions Officer is at any time satisfied that there has been –

 (a) a material change in the circumstances of the claim; or

 (b) a mistake relating to a material fact,

he may amend the decision, and any amended decision together with the reasons therefore shall be communicated, in writing to the claimant or beneficiary, as the case may be.

(8) Where by reason of an amended decision under paragraph (7) any claim is disallowed, no further payment of the benefit relating thereto shall continue to be paid.

4. (1) Subject to paragraph (2), where a claim to a benefit under Part II or Part IV of the Act is made after the date on which the claimant first becomes entitled to it, the claimant shall receive –

 (a) for a period not exceeding 6 months prior to the month during which the claim is made, arrears of basic benefits and contributory benefits; and

 (b) for the period immediately before the period specified in subparagraph(a), arrears of contributory pension computed on the basis of the aggregate number of pension points accruing to the insured person.

(2) No arrears of benefit shall be paid in respect of any month before the date on which the claimant became entitled to a benefit.

[Reg. 4 revoked and replaced by reg. 3 of GN 201 of 1978 w.e.f. 21 August 1978; amended by reg. 4 of GN 220 of 1980 w.e.f. 1 July 1980.]

5. (1) Except where good cause is shown to the satisfaction of the National Pensions Officer, no benefit shall be paid after the lapse of 3 months from the day on which it became due.

(2) Subject to paragraph 3 and regulation 8(5) of the National Pensions (Non-Contributory Benefits) Regulations 1977, no benefit shall be paid in respect of any period during which a beneficiary is –

 (a) serving a term of imprisonment; or

 (b) detained in legal custody.

(3) Arrears of benefit shall be paid for a period in legal custody which is not followed by sentence to imprisonment.

(4) (a) Subject to the other provisions of this paragraph and regulation 8(5) of the National Pensions (Non-contributory Benefits) Regulations 1977, a basic benefit in respect of a period during which the beneficiary is absent from Mauritius shall be paid for only a period not exceeding 6 months in aggregate in any period of 12 consecutive months.

(b) Subject to subparagraph (c), where a basic benefit is payable under subparagraph (a), the benefit shall be paid, at the option of the beneficiary, for the period of absence –

  (i) immediately following the month during which he leaves Mauritius; or

  (ii) immediately prior to the month during which he returns to Mauritius.

(c) (i) Payment of a benefit under subparagraph (b)(i) may be made by proxy in accordance with regulation 7(4) or in arrears when the beneficiary returns to Mauritius.

 (ii) Payment of a benefit under subparagraph (b)(ii) shall be made in arrears when the beneficiary returns to Mauritius.

(d) Where the beneficiary has received payment of a benefit for the period specified in subparagraph (a), no further basic benefit shall be payable in respect of further absence from Mauritius until the beneficiary has resided in Mauritius for a period of not less than 6 consecutive months.

[Reg. 5 amended by reg. 4 of GN 201 of 1978 w.e.f. 21 August 1978.]

6. The Minister shall issue to each person whose claim has been allowed an identity card which –

(a) shall remain the property of the Government; and

(b) shall, on demand, be produced or surrendered to the Minister.

7. (1) Where a benefit is to be paid, the Minister shall specify –

 (a) the place at which;

 (b) the time and the day of the month on which; and

 (c) the manner in which,

the payment of the benefit shall be made.

(2) No benefit shall be paid otherwise than in accordance with paragraph (1).

(3) Any beneficiary shall, before payment of the benefit is made to him, produce to the paying officer the identity card issued to him in accordance with regulation 6.

(4) Where a beneficiary is unable to receive payment of a benefit in person, the payment may be made to any person not below the age of 18 whom the paying officer is satisfied has been duly authorised by the beneficiary to receive the payment and upon production by that person of the identity card issued to the beneficiary.

8. (1) Where a decision awarding a benefit is amended under regulation 3(7) or on appeal and by reason of that amendment, a person has received sums to which he is not entitled, the National Pensions Officer shall, unless he is satisfied that the person acted in good faith in receiving that benefit, require repayment of those sums and may direct that they may be recovered in such manner as he thinks fit from any subsequent benefit payable to that person.

(2) (a) Where a person has received under the Family Allowance Act, sums to which he is not entitled, the National Pensions Officer may, unless he is satisfied that the person acted in good faith in receiving those sums, direct that –

  (i) where there is no entitlement by reason of an award of benefit, those sums be treated as paid on account of the benefit awarded; and

  (ii) in any other case, those sums, including any balance outstanding after the deduction under paragraph (1), be deducted in such manner as he thinks fit from subsequent payment of benefit.

(3) Any deduction from benefit under this regulation shall be made in such manner as not to reduce the current monthly payment of that benefit by more than one third.

[Reg. 8 revoked and replaced by reg. 5 of GN 220 of 1980 w.e.f. 1 July 1980.]

9. (1) Subject to the other provisions of this regulation, the Medical Officer or Medical Board shall, for the purposes of a claim to an invalidity pension under sections 8 and 21 of the Act –

 (a) assess whether the disablement is substantial; and

 (b) where the disablement is substantial but not permanent, indicate the period to which the assessment shall relate and whether the insured person should be further medically examined by the Medical Officer or Medical Board at the end of that period.

(2) Where the Medical Board or the Medical Officer decides that the claimant is suffering from a disablement which is specified as an injury in the first column of the Third Schedule to the National Pensions (Industrial Injuries) Regulations 1979, he shall be deemed to be suffering from –

 (a) the corresponding degree of disablement specified in the second column of that Schedule; or

 (b) where the disablement includes any other disablement so specified, the degree of disablement specified in respect of the disablement carrying the greatest degree of disablement.

(3) In assessing whether an insured person is disabled, the Medical Officer or Medical Board shall consider the disablement which he is expected to suffer during the period of the assessment by comparison with a person of the same age and sex whose body and mind are normal.

(4) Where the National Pensions Officer has at any time to determine whether a pension under section 8 or 21 of the Act is properly payable, he may refer the beneficiary to the Medical Officer or Medical Board.

(5) (a) Subject to the other provisions of this paragraph, where a claimant or beneficiary –

  (i) fails to comply with a reasonable request to attend for medical examination; or

  (ii) fails to produce information or documents required of him by the National Pensions Officer, the Medical Officer or Medical Board; or

  (iii) acts in a manner likely to retard his recovery,

the National Pensions Officer may –

(A) defer further consideration of the claim; or

(B) determine the claim on the information available; or

(C) withhold further payment of the benefit.

(b) No benefit shall be payable for the period during which consideration of a claim has been deferred under subparagraph (a).

(c) The National Pensions Officer shall communicate in writing to the claimant or beneficiary any decision taken under subparagraph (a).

(d) The claimant or beneficiary may appeal to the Appeal Tribunal in accordance with the National Pensions (Tribunal) Regulations 1979 against any decision made under subparagraph (a).

[Reg. 9 inserted by reg. 6 of GN 220 of 1980 w.e.f. 1 July 1980.]

10. 

[Reg. 9 renumbered as reg. 10 by reg. 6 of GN 220 of 1980 w.e.f. 1 July 1980.]

_______________

National Pensions (Collection of Contributions) Regulations 1978

[GN 150 of 1978 – 1 July 1978] [Sections 17 and 46]

1. These regulations may be cited as the National Pensions (Collection of Contributions) Regulations 1978.

2. In these regulations –

"Act" means the National Pensions Act;

approved computer system" means such computer system as the Minister may approve;

"approved form" means such form as the Minister may approve;

"approved magnetic medium" means such magnetic medium as the Minister may approve;

"approved occupational pension scheme" means such scheme as the Director-General may approve;

"contribution rate" means the standard rate of contribution, as specified in Part I of the Schedule or the higher rate of contribution as specified in Part II of the Schedule, as the case may be;

"higher rate of contribution" means the contributions specified in the second and third columns of paragraph 1(b) of the First Schedule to the Act;

"identity number" means –

(a) the NIC number; or

(b) the number allocated by the Minister to an insured person who is not eligible to a National Identity Card;

"insured person" means a person referred to in section 13(1) of the Act;

"maximum contributions payable" means –

(a) where the contributions paid in a year are paid at only the standard rate, 14,544 rupees for the year;

(b) where any of the contributions paid in a year are paid at the higher rate, 21,828 rupees for the year;

"National Identity Card" means the National Identity Card issued under section 5 of the National Identity Card Act;

"NIC number" has the same meaning as in the Civil Status Act;

"overpayment" –

(a) means payment of contributions made in respect of –

 (i) employees under the age of 18;

 (ii) employees over the retirement age in receipt of a contributory retirement pension where the amount paid relates to the share of the employee's contributions;

 (iii) employees over the final retirement age;

 (iv) persons for whom no contributions are due; and

(b) includes any amount of contributions made on wage or salary which is in excess of the prescribed remuneration;

"pay day" means the day on which remuneration is paid or the last day of the accounting period for the calculation of remuneration;

"pay period" has the meaning assigned to it under regulation 4;

"payment" means remuneration;

"portage bill" means a pay sheet prepared in relation to a seaman who is remunerated otherwise than on a monthly basis;

"prescribed rate of contributions" means the rate of contributions specified in the second and third columns of paragraph 1(a) of the First Schedule to the Act;

"remuneration" means the remuneration in respect of which contributions are payable;

"standard rate of contribution" means the contributions specified in the second and third columns of paragraph 2 of the First Schedule to the Act;

"year" means the period of 12 months ending on 31 December in any year.

[Reg. 2 amended by reg. 3 of GN 17 of 1979 w.e.f. 1 July 1978; reg. 3 of GN 163 of 1979 w.e.f. 1 July 1979; reg. 3 of GN 219 of 1980 w.e.f. 1 July 1980; reg. 3 of GN 136 of 1982 w.e.f. 1 July 1982; reg. 3 of GN 94 of 1983 w.e.f. 1 July 1983; reg. 3 of GN 107 of 1984 w.e.f. 1 July 1984; reg. 3 of GN 59 of 1986 w.e.f. 1 July 1986; reg. 3 of GN 108 of 1986 w.e.f. 1 July 1978; Rp. No. 8 of 1986 w.e.f. 15 November 1986; reg. 3 of GN 99 of 1989 w.e.f. 1 July 1989; reg. 3 of GN 105 of 1991 w.e.f. 1 July 1991; reg. 3 of GN 105 of 1993 w.e.f. 1 July 1993; reg. 3 of GN 113 of 1995 w.e.f. 1 July 1995; reg. 3 of GN 76 of 1997 w.e.f. 1 July 1997; reg. 3 of GN 80 of 1999 w.e.f. 1 July 1999; reg. 3(a) of GN 38 of 2001 w.e.f. 28 April 2001; reg. 3 of GN 73 of 2001 w.e.f. 1 July 2001; reg. 3 of GN 102 of 2002 w.e.f. 1 July 2002; reg. 3 of GN 113 of 2002 w.e.f. 1 July 2002; reg. 3 of GN 95 of 2003 w.e.f. 1 July 2003; reg. 3 of GN 108 of 2004 w.e.f. 1 July 2004; reg. 3 of GN 175 of 2005 w.e.f. 1 July 2005; reg. 3 of GN 220 of 2006 w.e.f. 1 July 2006; reg. 3 of GN 23 of 2008 w.e.f. 1 July 2007; reg. 3 of GN 184 of 2008 w.e.f. 1 July 2008; reg. 3 of GN 8 of 2010 w.e.f. 1 July 2009; reg. 3 of GN 184 of 2010 w.e.f. 1 July 2010; reg. 3 of GN 9 of 2013 w.e.f. 1 January 2012; reg. 3 of GN 10 of 2013 w.e.f. 12 January 2013; reg. 3 of GN 39 of 2013 w.e.f. 1 January 2012.]

3. (1) Subject to paragraph (2), the amount of contributions payable in accordance with section 17 of the Act shall be calculated by applying the appropriate percentage specified in the First Schedule to the Act.

(2) The amount of contributions payable by the employer and the employee shall be calculated separately and each amount so calculated shall be rounded to the next rupee except that any fraction of a rupee which is less than 50 cents shall be disregarded.

(3) For the purpose of calculating the amount of contributions, the remuneration –

 (a) shall include –

  (i) remuneration paid during or in respect of holidays, sickness or other absence from work or remuneration paid after the insured person has left his employment;

  (ii) any deduction made by the employer in respect of an advance of remuneration;

 (b) shall exclude –

  (i) severance allowance payable under the Employment Rights Act;

  (ii) pensions and other benefits payable under a pension law, an occupational pension scheme or under any other arrangement where the Minister is satisfied that the pension or other benefit is in consideration of past services;

  (iii) any refund of contribution made in accordance with regulation 6(3);

  (iv) an advance of remuneration.

[Reg. 3 amended by reg. 4 of GN 107 of 1984 w.e.f. 1 July 1984; reg. 4 of GN 102 of 2002 w.e.f. 1 July 2002; reg. 4 of GN 8 of 2010 w.e.f. 1 July 2009.]

4. (1) Subject to these regulations, the pay period of an insured person shall be the normal regular interval between pay days or such other interval as the Minister may determine.

(2) Subject to paragraph (3), where one or more payments are made in a pay period, the payments made shall be treated as a single remuneration for the pay period.

(3) Where in a pay period remuneration is paid which would normally belong to another pay period, the amount of contributions shall be calculated as if the remuneration had been paid in the pay period to which it belongs.

(4) Where a pay period changes –

 (a) to a longer pay period, all remuneration paid within the first new pay period shall be aggregated and treated as a single remuneration for the new pay period;

 (b) to a shorter pay period, the new pay period shall apply only to remuneration paid after the date of the change.

(5) Any remuneration paid to an insured person in respect of employment that has ceased shall –

 (a) where the remuneration is paid on or before the end of the normal pay period, be treated as falling within the normal pay period of the insured person;

 (b) where the remuneration is paid after the end of the normal pay period, be treated as falling within a weekly pay period.

4A. (1) Every employer shall submit to the Minister, on or before the last day on which contributions are payable, a monthly return –

 (a) in respect of each insured person, other than a person in domestic service;

 (b) specifying the insured person's identity number, full name, occupation, pay period, remuneration, contribution rate, amount of contributions payable by the employer, amount of contributions payable by the insured person and the total amount of contributions payable.

(2) The monthly return referred to in paragraph (1) shall be submitted to the Minister together with the payment of contributions referred to in regulation 5(1).

(3) Where payment of contributions is effected electronically through an approved computer system, the employer shall submit the monthly return in the same manner.

(4) An employer who pays an insured person more than once in the course of a month shall, for the purpose of submitting a monthly return, aggregate the remuneration so paid and the amount of contributions payable.

[Reg. 4A inserted by reg. 5 of GN 102 of 2002 w.e.f. 1 July 2002.]

4B. (1) Subject to paragraphs (2) and (4), every employer shall, on an approved form, submit to the Minister, not later than one month after the end of every year, a signed annual return of contributions in respect of that year, specifying with respect to each insured person, his identity number, full name, occupation, remuneration, pay period, contribution rate, amount of contributions payable by the employer, amount of contributions payable by the insured person and the total amount of contributions payable.

(2) Where an employer is required to submit a monthly return under regulation4A, he shall not be required to submit an annual return in respect of the same period.

(3) -  (4) –

[Reg. 4B inserted by reg. 5 of GN 102 of 2002 w.e.f. 1 July 2002; amended by reg. 4 of GN 9 of 2013 w.e.f. 1 January 2012.]

5. (1) Every employer of an insured person shall, on an approved form and in such manner as the Minister may determine –

 (a) (i) subject to subparagraphs (b) and (c), pay to the Minister, at the end of the completed month in respect of which amount of contributions under section 17 of the Act are payable and in any case not later than 20 days thereafter, the total amount of contributions payable in respect of all the insured persons in his employ;

  (ii) where the employer is required to submit a monthly return under regulation 4A(1), pay at the time of filing the return the exact amount of contributions stated therein;

 (b) where the insured person is a seaman whose remuneration is computed by reference to a portage bill, pay to the Minister, at the end of the pay period in respect of which amount of contributions are payable and in any case not later than 20 days after the end of the month next following the end of that pay period, the total amount of contributions payable during that pay period;

 (c) where an employer is authorised to effect payment of contributions electronically under these regulations, pay to the Minister at the end of the completed month in respect of which contributions under section 17 of the Act are payable and in any case not later than the end of the following month.

(2) Where an employer has less than 25 insured persons in his employ, the Minister may authorise payment of contributions and surcharges under the Act to be made electronically through an approved computer system.

(3) Every employer effecting payment electronically through an approved computer system shall instruct his banker to credit on or before the last day on which contributions are payable, the account of the Fund with the Bank of Mauritius.

(4) Where an employer has '”

 (a) –

 (b) on or after 1 January 2012, 25 or more insured persons in his employ,

he shall –

  (i) forthwith notify the Minister of the number of insured persons in his employ and furnish to him the NIC number and full names of each insured person in his employ;

  (ii) pay the contributions and submit the monthly return specified in these regulations, electronically through an approved computer system as from such date as may be specified in a notification issued to the employer.

[Para. 4 came into operation on 1 January 2013.]

(5)  Unless otherwise authorised by the Minister, an employer who submits a monthly return and pays the contributions and surcharge electronically through an approved computer system shall not be allowed to submit a return and pay the contributions and surcharge otherwise in any other manner.

(6) Where an employer is required to submit a monthly return in the manner specified in paragraph (4), the Minister may authorise him to submit the return in an approved magnetic medium until such date as may be specified in a notification issued to him under paragraph (4).

(6A) An employer who employs less than 25 insured persons –

 (a) shall submit the monthly return on an approved form; or

 (b) may be authorised by the Minister to submit his monthly return electronically through an approved computer system or in an approved magnetic medium.

(7) Any person, other than a person who employs an employee in domestic service, who fails within the due date –

 (a) to submit the monthly return specified in regulation 4A(1); or

 (b) to submit the annual return specified in regulation 4B(1),

shall commit an offence and shall, on conviction, be liable to a fine not exceeding 50,000 rupees and to imprisonment for a term not exceeding 12 months.

(8) Any person who employs an employee in domestic service who fails to submit, within the due date, the annual return referred to in regulation 4A(1) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 5,000 rupees and to imprisonment for a term not exceeding 3 months.

[Reg. 5 amended by reg. 4 of GN 17 of 1979 w.e.f. 1 July 1978; reg. 4 of GN 163 of 1979 w.e.f. 1 July 1979; reg. 4 of GN 219 of 1980 w.e.f. 1 July 1980; reg. 4 of GN 136 of 1982 w.e.f. 1 July 1982; reg. 3(b) of GN 38 of 2001 w.e.f. 28 April 2001; reg. 6 of GN 102 of 2002 w.e.f. 1 July 2002; reg. 3 of GN 146 of 2003 w.e.f. 1 September 2003; reg. 5 of GN 9 of 2013 w.e.f. 1 January 2012; 1 January 2013.]

6. (1) Subject to paragraph (2) and regulation 7(2), where an employer deducts from an insured person's remuneration an amount which is less than the contribution payable, he may recover the balance by additional deductions from one or more subsequent payments of remuneration.

(2) A deduction under paragraph (1) shall not exceed the amount of contributions payable under section 17 of the Act.

(3) Where an employer deducts from the insured person's remuneration an amount which is in excess of the amount of contributions payable by that insured person, he shall refund the excess to the insured person within the year in which the excess is deducted.

[Reg. 6 amended by reg. 7 of GN 102 of 2002 w.e.f. 1 July 2002.]

7. (1) Where in the opinion of the Minister an employer follows a pay practice which is abnormal for the employment and thereby reduces or avoids liability for contributions, he shall –

 (a) determine the contribution liability of the employer as if he had followed a normal pay practice; and

 (b) require the employer to pay contributions in accordance with his determination.

(2) Where pursuant to a determination under paragraph (1), any additional sum by way of contributions is payable, the employer shall not recover the insured person's contributions from any subsequent remuneration payable to that insured person.

8. (1) Where an insured person is –

 (a) a member of the Sugar Industry Pension Fund under the Sugar Industry Pension Fund Act; or

 (b) is excluded from membership of the fund referred to in subparagraph (a) only on the ground that his remuneration does not exceed 1,200 rupees a month,

the contribution payable in accordance with section 17 of the Act shall be at the prescribed rate of contribution.

(2) (a) An employer may on an approved form make an application to the Minister for contributions to be paid at the higher rate.

(b) The Minister may approve an application where he is satisfied that the employees concerned –

  (i) are not in general opposed to the application;

  (ii) have been given at least one month's notice of the employer's intention to make the application;

  (iii) belong to a clearly defined category of employees.

(c) Where an application is approved under subparagraph (b), any amount of contribution payable by the employer shall be paid at the higher rate as from such date as the Minister may determine and shall apply to any employee belonging to the category of employees on or after that date.

[Reg. 8 amended by reg. 8 of GN 102 of 2002 w.e.f. 1 July 2002.]

9. (1) Subject to paragraph (2), where an employee works for more than one employer concurrently, each employment shall be treated as a distinct and separate employment and each employer shall pay the appropriate contributions payable under section 17 of the Act in respect of each employment.

(2) Subject to the prior written approval of the Minister –

 (a) where an employee is employed by 2 or more employers and is in receipt of remuneration at a rate which is not less than the appropriate remuneration as defined in section 2 of the Act in respect of each employment, the employers may agree among themselves as to who shall be the employer responsible for the payment of contributions under section 17 of the Act and thereupon the responsible employer, as agreed by the employers, shall be exclusively liable for the payment of both the employer's and the employee's contributions;

 (b) where an employee has 2 or more concurrent employments in relation to which payments are made under the Sugar Industry Pension Fund Act, amount of contributions under section 17 of the Act shall be payable, in respect of the remuneration, from only one of those employments as the Minister may determine.

[Para. 2 came into operation on 1 July 1978.]

(3) (a) Subject to this paragraph, where the contributions paid in relation to an employee in a year exceed the maximum contributions payable, the excess shall be refunded to the employee and to the employers at the rates specified in subparagraphs (b) and (c), respectively.

 (b) The employee shall be refunded –

  (i) where the contributions for the year have been paid at only the standard rate, 3 rupees for every 9 rupees paid in excess;

  (ii) where any of the contributions for the year have been paid at the higher rate –

(A) 5 rupees for every 13.50 rupees paid in excess where contributions paid by the employee is at the rate of 5 per cent;

(B) 3 rupees for every 13.50 rupees paid in excess where any contributions paid by the employee is at the rate of 3 per cent.

(c) The employers shall be refunded, in such proportion as the Minister may approve –

  (i) where the contributions for the year have been paid at only the standard rate, 6 rupees for every 9 rupees paid in excess;

  (ii) where any of the contributions for the year have been paid at the higher rate –

(A) 8.50 rupees for every 13.50 rupees paid in excess where contributions paid by the employee is at the rate of 5 per cent;

(B) 10.50 rupees for every 13.50 rupees paid in excess where any of the contributions paid by the employee is at the rate of 3 per cent.

(d) No refund shall be made under this paragraph where the contributions paid in excess amount to less than 30 rupees.

[Reg. 9 amended by reg. 5 of GN 163 of 1979 w.e.f. 1 July 1979; reg. 5 of GN 219 of 1980 w.e.f. 1 July 1980; reg. 4 of GN 76 of 1997 w.e.f. 1 July 1997.]

10. (1) Subject to paragraph (2), where contributions are not paid in accordance with regulation 5(1), the contributions shall be deemed to have been paid if the Minister is satisfied that the insured person in respect of whom the contributions are payable –

 (a) would otherwise lose any benefit payable under the Act; and

 (b) was not privy to the non-payment of the contributions.

(2) Subparagraph (1) shall not prejudice the recovery of any contributions which are not paid.

[Reg. 10 amended by reg. 9 of GN 102 of 2002 w.e.f. 1 July 2002.]

11. (1) No information obtained or document produced under the authority of these regulations shall be published or communicated to any unauthorised person except in such manner as not to disclose the identity of the person giving the information or producing the document or the identity of the person to whom the information or document relates, as the case may be.

(2) Any person employed in the execution of a duty under these regulations who –

 (a) uses any information furnished or document produced for his personal gain;

 (b) without lawful authority publishes or communicates to any person otherwise than in the ordinary course of his employment any information obtained by him in the course of his employment;

 (c) knowingly prints, publishes or communicates any information which has been unlawfully obtained or disclosed in breach of these regulations,

shall commit an offence.

12. 

_______________

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.