National Insurance Appeals Tribunal

Overview

Provision was made for the establishment of the Appeals Tribunal under Section 60, 61 and 62 of the National Insurance Act Chapter 32:01 for the purpose of receiving, processing, hearing and determining appeals from persons who are not satisfied with any decision of the National Insurance Board. This is in respect of claims for benefits and/or other matters under the said body and is not under the control of the National Insurance Board or any other state agency or department of Government. The Tribunal operates with complete independence and is funded by monies approved by Parliament through the Appropriation Act.

The National Insurance Act provides for the appointment of the Appeals Tribunal as follows:

An Independent person as Chairman who is in the opinion of His Excellency the President, is independent of Government, Labour and Business (i.e. a neutral person);
Three (3) persons nominated by the associations, mostly representative of Business, one from each Administrative Division;
Three (3) persons nominated by the associations mostly representative of Labour, one from each Administrative Division;
Three (3) persons nominated by the Government, one from each Administrative Division;
The Chief Medical Officer in the Public Service of the country.

For Administrative purposes, the country has been divided into three (3) Divisions as follows:

Northern Division which includes the counties of St. George, St. David, St. Andrew and Caroni.
Southern Division which includes the counties of Nariva, Mayaro, St. Patrick and Victoria.
The Island of Tobago forming the Tobago Division.

The decisions of the National Insurance Appeals Tribunal are subject to review by the courts on Appeal or by Judicial Review.

Mission Statement

The National Insurance Appeals Tribunal Mission Statement is “to act as the first line of adjudication between Appellants and the National Insurance Board ensuring timely determination of Appeals based on Openness, Fairness and Impartiality and to pursue ways and means for the continued development of the Appeals Tribunal to keep astride with international standards of the Social Security appeals machinery.”

Procedural Aspects of the Tribunal

The Regulations provide that such persons who are aggrieved with any decision of the National Insurance Board have the right to appeal. This is done either by completing the prescribed form (Notice of Appeal Form-1) or in writing signed by the Appellant and shall contain the grounds of Appeal.A Notice of Appeal must be submitted to the National Insurance Appeals Tribunal within six (6) months of the National Insurance Board’s Date of Decision. Outside of the six months but within a period of twelve (12) months of the Board’s date of decision, the Registrar of the National Insurance Appeals Tribunal must ask the Appellant to provide reason/s (in writing) for the late submission. Where an Appellant provides reason/s for the late submission of the appeal, the Chairman will decide whether or not the late appeal will be considered. National Insurance (Appeals) Regulations: 13 (1), (3) & (4) of the National Insurance Act Chap: 32:01 refer); NB: No appeal shall lie against a decision of the Chairman, under Sub-regulation 13 (4) of the National Insurance (Appeals) Regulations, National Insurance Act Chap: 32:01.;
An officer of the National Insurance Board who in any way hinders a person desirous of appealing against a decision of the National Insurance Board from obtaining the Appeal Form is liable to have disciplinary action taken against him;
The National Insurance Board shall, where a Notice of Appeal has been served on it, advise the Chairman not later than three (3) weeks after such service, whether it has reconsidered its decision which gave rise to the Appeal or whether it intends to join issue with the Appellant.

The Appeal Process

Notice of Appeal can be in the form of:
1. Notice of Appeal–Form 1 (Blank forms are provided at all NIBTT Service Centres in Trinidad and Tobago); or
2. Letter addressed to the Chairman/Registrar, National Insurance Appeals Tribunal. The letter must contain all the information pertinent to the appeal;
3. The completed Notice of Appeal or letter can be deposited in any Appeal Box, located at all NIBTT Service Centres across Trinidad and Tobago or the office of the Registrar, NIAT located at Level 2 EWFC, Independence Square, Port of Spain;
A letter of acknowledgement is sent to the Appellant from the National Insurance Appeals Tribunal, and, a letter is sent to the National Insurance Board requesting information;
Upon receipt of the Board’s response, the Registrar can then advise the Appellant on whether the matter will be taken before the Tribunal or if the matter is to be withdrawn;
All withdrawal/s must be done in writing to the Registrar, National Insurance Appeals Tribunal;
Should the appeal be listed for Hearing before the Tribunal, the Registrar must notify the Board, Chairman, Members, Consultants and Appellants in writing of the date, time and venue of the Hearing;
Hearings are set for the North and South of Trinidad and on the isle of Tobago;
Upon conclusion of a Hearing, all decisions made must be conveyed in writing.

Where can the ‘Notice of Appeal Form-1’ be obtained?

Downloadable Form – Click to view the Notice of Appeal Form – 1

Hard Copy Forms can be obtained, ‘Free of Charge’ at the following offices of the National Insurance Board Service Centres:

Arima
Barataria
Chaguanas
Couva
Point Fortin
Port-of-Spain (Luis Street, Woodbrook)
Princes Town
Rio Claro
Sangre Grande
Siparia
South Regional (San Fernando)
Tunapuna
Tobago (Scarborough)

Submission of Completed Appeal Forms/Letters

The completed Notice of Appeal or letter can be deposited in any Appeal Box, located at all NIBTT Service Centres across Trinidad and Tobago or the office of the Registrar, NIAT located at Level 2 EWFC, Independence Square, Port of Spain

Legislation

The National Insurance Act Chapter 32:01, Act 35 of 1971
The National Insurance (Appeals) Regulations as set out in Legal Notice No. 131 of 1980, which came into effect on July 15, 1980 (now consolidated into the National Insurance Act Chapter 32:01).

Contact Information

National Insurance Appeals Tribunal (NIAT)
Ministry of Finance
Level 2, Finance Building
Eric Williams Financial Complex
Independence Square
Port of Spain
Telephone: (868) 612-9700, extensions: 1239, 1241-4, 1247, 1249
E-mail: niat.finance@gov.tt

San Fernando
An officer of the Appeals Tribunal is available at this office every Thursday between the hours of 9:00 a.m. to 1:00 p.m.

District Revenue Services,
#82 Independence Avenue
San Fernando
Telephone: (868) 612-9700, extensions: 1239, 1241-4, 1247, 1249

(There is no office in Tobago. Only Hearings are done at this location based on availability.)

MINISTRY OF FINANCE