Revised Laws of Saint Lucia (2021)

PART 11
ADJUDICATION AND LEGAL PROCEEDINGS

73.   Adjudication and appeals

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    (1)   If any question arises as to the liability of any person to pay contributions or as to the right of any person to any benefit under this Act, the question shall be determined by the Director, subject to a right of appeal to the Board.

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    (2)   The Minister may make regulations to provide for—

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      (a)     the constitution and appointment of an Appeal Tribunal for the purpose of determining any further appeal from a decision of the Board under subsection (1);

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      (b)     a reference to the High Court from a decision on any question of law only arising out of any determination by the Appeal Tribunal;

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      (c)     the procedure to be followed and the forms to be used for appeals to the Board or to the Appeal Tribunal;

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      (d)     the evidence which is to be required and the circumstances in which any official record or certificate is to be sufficient or conclusive evidence;

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      (e)     the time to be allowed for making any claim or appeal or for raising any question with a view to obtaining any decision or for producing any evidence;

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      (f)     summoning persons to attend and give evidence or produce documents and for authorising the administration of oaths to witnesses:

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      (g)     the representation of a person at any hearing or a case, by another whether having legal qualifications or not;

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      (h)     matters pending determination under this Act whether at first instance or on appeal or reference, of any claim for benefit or assistance or of any question affecting the right of any person to benefit or assistance or to the receipt of any benefit or assistance or of the liability of any person for contribution; and

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      (i)     any matter arising out of a decision on appeal or reference under this Act on any claim or question.

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    (3)   The decision of the High Court on a reference on a point of law or of the Appeal Tribunal shall be final.

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    (4)   Despite subsection (2), regulations made under that subsection may include provisions—

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      (a)     for the suspension of benefit or assistance where it appears that there is or may be a question whether the conditions for receipt thereof were fulfilled;

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      (b)     as to the date from which any decision on a reference or appeal is to have effect;

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      (c)     for treating any benefit paid to any person under the regulations, which it is subsequently decided was not payable as properly paid or as paid on account of any other benefit which it is decided was payable to him or her or for the repayment of any such benefit and the recovery thereof by deduction from any other benefit or otherwise;

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      (d)     for treating any benefit paid to one person in respect of another person (being a child of or the wife or husband or an adult dependant of the first mentioned person) as having been properly paid for any period, although under regulations relating to benefits it is not payable for that period by reason of a subsequent decision either—

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        (i)     that such other person is himself or herself entitled to benefit for that period, or

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        (ii)     that a third person is entitled to benefit or assistance for that period in respect of such other person in priority to the first mentioned person, and

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        (iii)     for reducing or withholding accordingly any arrears payable for the period by virtue of a subsequent decision.

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    (5)   There shall be paid out of the Fund to the members of an Appeal Tribunal appointed under regulations made under this section, such remuneration and allowances, as the Board, with the prior approval of the Minister, may determine.