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The National Social Security Fund (Claims and Payments for the Provident Fund Scheme) Regulations

Legal Notice 83 of 2014

This is the latest version of this Legal Notice.
The National Social Security Fund (Claims and Payments for the Provident Fund Scheme) Regulations
Citation
Legal Notice 83 of 2014
Primary work
National Social Security Fund Act
Date
Language
English
Type
Legal Notice
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LAWS OF KENYA

NATIONAL SOCIAL SECURITY FUND ACT

THE NATIONAL SOCIAL SECURITY FUND (CLAIMS AND PAYMENTS FOR THE PROVIDENT FUND SCHEME) REGULATIONS

LEGAL NOTICE 83 OF 2014

  • Published in Kenya Gazette Vol. CXVI—No. 74 on 20 June 2014
  • Commenced on 20 June 2014
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

Part I – PRELIMINARY

1. Citation

These Regulations may be cited as the National Social Security Fund (Claims and Payments for the Provident Fund Benefits) Regulations.

2. Application

These Regulations shall apply to voluntary members and contributions to the Provident Fund.

3. interpretation

In these Regulations unless the context otherwise requires—"approved form" means such forms as the Managing Trustee may, from time to time, approve for the purposes of making application for the payment of benefits under these Regulations, 2014;"certificate of membership" means a certificate of membership issued under the National Social Security Fund (Registration) Regulations, 2014;"qualified medical practitioner" means any person registered as a medical practitioner under the Medical Practitioners and Dentists Act (Cap. 253) and any other person who if the person was in Kenya would be eligible for registration as a medical practitioner under that Act.

Part II – APPLICATION FOR CLAIM

4. Application for Claim

A claim for the payment of any benefit shall be made in writing in the approved form to the Managing Trustee or any person authorized in that behalf, and it shall be accompanied by the certificate of membership of the member to whom the claim relates:Provided that the Managing Trustee may dispense with the production of the certificate of membership where the Managing Trustee is satisfied that it is reasonable so to do.

5. Claim appropriateness

The Managing Trustee may, when considering any claim for the payment of a benefit, consider the claim as a claim appropriate to a description of benefit other than that claimed.

6. Making a benefit claim

Every person who makes a claim for the payment of a benefit shall, for the purpose of determining the claim—
(a)furnish such certificates, documents, information and evidence as may be required by the Managing Trustee including where appropriate—
(i)a statutory declaration as to the truth of any statement of fact made by the claimant in relation to the claim or in any evidence submitted by the claimant;
(ii)an examination of the member by a properly constituted medical board or certified medical doctor;
(iii)in claims for age benefits, production of evidence in support of the claimant’s statement that the claimant retired, or is about to retire, from employment;
(iv)in claims for withdrawal benefit evidence that the person is no longer in self employment;
(v)in claims for survivor’s benefit, a certificate or other evidence of the death of the member concerned, evidence of the claimant’s own identity and relationship to the deceased member and information about other relatives of the deceased; and
(vi)in claims for emigration benefit, a claim shall be accompanied by retirement, termination or dismissal letter from the last employer, identity document and evidence that the claimant, who is emigrating to a country which does not have a reciprocal agreement with Kenya and has no present intention of returning to reside in Kenya;
(b)attend at such office or place as the Managing Trustee may direct if reasonably required to do so.

7. Referring of claims

If, in the opinion of the Managing Trustee, any claim form is incomplete or defective at the date of its receipt, the Managing Trustee may refer the form to the claimant and the Managing Trustee may treat the claim as if it has been duly made in the first instance if the form is returned duly completed or rectified within twenty-one days from the date on which it was so referred.

8. Determination of age

(1)In the absence of evidence to the contrary the date of birth of a member of the Fund as recorded by the Fund shall be conclusive.
(2)Where no date of birth is recorded for a member or his dependants or the age of a member is disputed the Managing Trustee may require such further evidence of age including medical evidence as may be obtainable.
(3)Where there is a dispute regarding the date of birth of a member, a doctor shall determine the age of the member.

Part III – CLAIM PAYMENT

9. Mode of paying benefits

(1)Any sum payable by way of benefit shall be paid to the claimant in a manner prescribed by the Managing Trustee from time to time.
(2)Where by a cheque or any other document of payment has been sent by ordinary or registered post, delivery thereof shall, unless the contrary is proved, be deemed to have been effected at the time at which a letter would be delivered in the ordinary course of the post.Provided that where the Managing Trustee is satisfied that a cheque or other document of payment has been lost or destroyed, he may on receipt of a duly executed indemnity, issue a duplicate of such cheque or other document of payment.

10. Apportioning of survivor’s benefit

Where more than one person is having under the Act, an equal claim to survivor’s benefit, the benefit shall unless in a particular case the Managing Trustee is satisfied that a different apportionment would be appropriate, be apportioned equally among the persons.

11. Receipt of benefit

The receipt of a benefit by a member of the Fund or a legal representative or by a person authorized to receive the benefit on behalf of a member shall be a full and sufficient discharge to the Fund for the sum specified.

12. Payment of benefit to beneficiaries of unsound mind

(1)Where the Managing Trustee is satisfied that a beneficiary is of unsound mind or for any reason is unfit to manage his own affairs he may pay the benefit, or any part thereof, due to that beneficiary to any other person who, in the opinion of the Managing Trustee, is a proper person to receive the sum on the beneficiary’s behalf and will apply the sum for the maintenance and benefit of the said beneficiary; and any receipt given by such person shall be a good and sufficient discharge to the Fund for the sum paid.
(2)A person paid under Regulation 12, shall execute a deed binding the person to use the benefits for the sole benefit of the beneficiary.
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History of this document

31 December 2022 this version
20 June 2014
Commenced
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1. Medical Practitioners and Dentists Act 88 citations

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