Revised Laws of Saint Lucia (2021)

2.   Interpretation

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   (1)   In this Act—

“beneficiary” means a person entitled to a benefit or to whom a benefit is payable under this Act;

“benefit” includes any benefit, grant, allowance or pension payable under this Act;

“Board” means the National Insurance Board established by section 5;

“business” includes a profession, calling, trade, manufacture, adventure or concern in the nature of trade and an undertaking of any kind whatever; but does not include an office or employment;

“chairperson” means the chairperson of the Board or Investment Committee as the context requires;

“child” in relation to an insured person, includes a step child, an adopted child and any other child whether legitimate or not, under the age of 16 and wholly or partly maintained by the insured;

“claimant” means a person claiming a benefit under this Act;

“contribution” means the contribution of the employee or employer as the case may be, payable under this Act;

“contribution period” means—

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   (a)     in respect of an employee paid at intervals of a week or less, the week in which wages are paid;

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   (b)     in respect of an employee paid at intervals of more than one week but not more than a fortnight, the fortnight ending with the last day of the week in which wages are paid;

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   (c)     in respect of an employee paid at intervals of more than a fortnight, the month in which wages are paid;

“contributor” means a person who has made a prescribed contribution under this Act;

“Corporation” means the National Insurance Corporation established under section 4;

“Director” means the person charged with the responsibility of administering this Act or any person appointed to act in that position;

“deduct” includes withhold;

“disease” includes personal injury not caused by accident and any condition which has resulted from such injury;

“disablement” means a loss of capacity for any of the ordinary activities of life;

“earnings” include any remuneration or profit derived from employment, and “earner” shall be construed correspondingly;

“economic relief programme” means a plan of action established under section 65A to provide financial assistance to insured persons; (Inserted by Act 2 of 2020)

“employment” includes a trade, business, profession, office and vocation;

“employment injury” means any disablement or personal injury or fatality arising out of and in the course of employment and any personal injury caused by any prescribed disease, being a disease due to the nature of employment and developed on or after the appointed day;

“employment injury benefit” includes medical care and treatment as well as periodical payments or payment of a lump sum as prescribed in respect of employment injury;

“employer” means the person or body corporate with whom an employee has entered into a contract of service or apprenticeship, express or implied and who is liable to pay salary, wages or other remuneration for services performed;

“exempted scheme” means a scheme exempted from the provisions of the repealed National Provident Fund Act, 1970;

“financial year” means the period from 1 July in any year to 30 June the following year or such other period of 12 months as may be prescribed;

“Fund” means the National Insurance Fund established by section 3;

“functions” include powers and duties;

“incapacity for work” means incapacity to engage in gainful occupation by reason of some specific disease or bodily or mental disablement, or deemed in accordance with regulations to be so incapable;

“inspector” means any person appointed by the Board to perform the functions of an inspector under this Act;

“insurable employment” means any employment except such employment as are exempt under this Act;

“insured person” means a person registered and insured for any benefit payable under this Act;

“Investment Committee” means the Investment Committee established under section 20;

“long term benefit” includes retirement, invalidity, disablement and survivor's benefit and any other benefit prescribed as such;

“loss of faculty” means the partial or total loss of the normal use of an organ or part of the body or the destruction or impairment of any bodily or mental function, including disfigurement whether or not accompanied by any disablement;

“medical treatment” includes medical, surgical or rehabilitative treatment; any course of diet or other regimen; and the supply of medical and surgical appliances;

“Minister” means the Minister responsible for the National Insurance Corporation;

“National Provident Fund Board” means the Board established under the repealed National Provident Fund Act, 1970;

“national insurance card” means a national insurance card duly numbered and issued to an insured person; or a card substituted for the national insurance card;

“national insurance number” means the national insurance number assigned to an insured person under this Act;

“pensionable age” means the age of 60 years or such other age as may be fixed by the Minister under section 58(4);

“prescribed” means as provided for by this Act or by a statutory instrument made under this Act;

“public service pension scheme” means any pension or provision for the pension of any member of the civil service or of any statutory body whether contributory or not, provided for by law or otherwise;

“salary” has the same meaning as the expression “wages” in this Act;

“short term benefit” includes sickness and maternity benefit; and any other benefit prescribed as such;

“survivor” means any person who on the death of an insured person may be entitled to a benefit under this Act;

“wages” mean remuneration in money paid to an employee under a contract of service or apprenticeship as the case may be, and whether or not agreed to be paid at fixed or determined intervals of time in respect of—

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   (a)     fixed periods of work to be performed by the employee;

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   (b)     the number of tasks completed by the employee where payment is calculated in relation to any tasks; or

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   (c)     the volume of work completed by an employee, where payment is calculated in relation to the volume of work done; and

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   any allowance payable by the employer to the employee whether directly, indirectly or by implication;

“work” includes piece work.

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   (2)   For the purpose of this Act, a person is considered to be over or under any age mentioned according to whether he or she has or has not attained the mentioned age, and a person shall be deemed to be between 2 ages mentioned if he or she has attained the first mentioned age but has not attained the second mentioned age.