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45.   Conditions for invalidity benefit

Revised Laws of Saint Lucia (2021)

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45.   Conditions for invalidity benefit

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    (1)   Subject to this section, where, in respect of any period of incapacity for work, not caused by employment injury, an insured person is entitled to sickness benefit, he or she shall cease to be entitled to such sickness benefit for any subsequent period of incapacity for work, if he or she is appropriately certified by a registered medical practitioner to be an invalid; but is entitled to an invalidity pension or grant as the case may be, for so long as the invalidity continues.

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    (2)   For the purpose of this section, an insured person, who has been certified as an invalid, shall be granted an invalidity pension if he or she—

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      (a)     has contributions to his or her credit for the prescribed period prior to becoming an invalid;

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      (b)     has not attained pensionable age; and

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      (c)     no longer qualifies for sickness benefit.

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    (3)   If an insured person does not satisfy the conditions under subsection (2), but has been appropriately certified as an invalid, he or she shall receive an invalidity grant.

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    (4)   The invalidity grant shall be a lump sum payment, equal to the total amount standing to his or her credit in the Fund.

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    (5)   Invalidity pension shall be at such rate as shall be prescribed of his or her final average salary for so long as the invalidity continues.

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    (6)   If the invalidity ceases, the contribution taken into account for the purpose of an invalidity grant shall not be applied towards the satisfaction of the contributions for any subsequent claim to benefit of any description except funeral grant.

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    (7)   All claims to invalidity benefit shall be accompanied by an appropriate medical certificate from a registered medical practitioner or medical board stating the nature of the incapacity, and that the incapacity for work is likely to be permanent; however, the Director may, for such purpose, require the claimant to attend for and submit himself or herself to examination by one or more medical practitioners nominated by the Director from a panel of registered medical practitioners approved by the Board.

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    (8)   An insured person entitled to receive invalidity pension or grant shall be disqualified from receiving such benefit for such period as the Director may decide, if the claimant fails without good cause—

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      (a)     to comply with a notice in writing by the Director requiring him or her to submit himself or herself to medical examination; or

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      (b)     to refrain from behaviour calculated to worsen his or her condition or to answer any reasonable enquiries by an officer of the Corporation, directed to ascertain whether he or she is doing so.

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    (9)   For the purposes of this section “sickness benefit” includes maternity allowance.

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