Revised Laws of Saint Lucia (2021)

49.   Entitlement to maternity allowance

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    (1)   A woman is entitled to a maternity allowance in the prescribed sum if she is pregnant and has reached a stage in her pregnancy which is not more than 6 weeks before the week in which it is expected that she will be confined (in this section referred to as the “expected week of confinement”).

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    (2)   Subject to this section, the period for which a maternity allowance is payable shall be the period of 13 weeks, beginning with the 6th week before the expected week of confinement, and this shall be the maternity allowance period for the purposes of this section and the relevant contribution conditions.

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    (3)   A day for which a woman is entitled to a maternity allowance shall be deemed, for the purposes of this Part of the Act to be for her, a day of incapacity for work.

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    (4)   Maternity allowance shall not be payable in respect of a woman who dies before the beginning of the maternity allowance period, and if she dies after the beginning, but before the end of that period, the allowance shall not be payable for any week subsequent to her death.

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    (5)   A claim for maternity benefit shall be accompanied—

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      (a)     in the case of a claim made prior to the date of confinement, by a certificate issued by a registered medical practitioner as to the expected week of confinement; or

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      (b)     in the case of a claim, made subsequent to the date of confinement, by a certificate of a registered medical practitioner or a registered midwife, obtained not later than one month after the actual date of confinement.

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    (6)   Despite subsection (5) the Director may accept such other evidence in support of such claims as in his or her opinion the special circumstances of the particular case so justifies.

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    (7)   An insured person entitled to payment of maternity benefit shall be disqualified from receiving such benefit for such period as the Director may decide if during the maternity allowance period—

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      (a)     she does any work in employment as an employed or self-employed earner;

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      (b)     she fails, without good cause, to observe any prescribed conditions;

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      (c)     she fails, without good cause, to take due care of her health, or to answer any reasonable inquiries by an officer of the Corporation, directed to ascertain whether she is doing so; or

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      (d)     she fails, without good cause, to comply with a notice in writing by the Director before her confinement, requiring her to attend for or to submit herself to medical examination by a registered medical practitioner.