The Social Security Schemes (Benefits) Regulations, 2018
This section is titled “Interpretation” and appears to introduce Part II on long term benefits.
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- The Social Security Schemes (Benefits) Regulations, 2018
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Statute overview
About this statute
This section is titled “Interpretation” and appears to introduce Part II on long term benefits. This section is about the qualifying conditions for old age benefits. This section concerns termination of employment in the public interest. This section is titled “Basis of survivor pension” under Social Security Schemes, Part III Short Term Benefits. This section is titled “Conditions for granting mortgage facility.”
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Provisions of The Social Security Schemes (Benefits) Regulations, 2018
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- 3 Verify source ↗
Interpretation
AI-assisted research summary: This section is titled “Interpretation” and appears to introduce Part II on long term benefits.
3. Interpretation. PART II LONG TERM BENEFITS
Part
PART II
- 4 Verify source ↗
Qualifying conditions for old age benefits
AI-assisted research summary: This section is about the qualifying conditions for old age benefits.
4. Qualifying conditions for old age benefits. - 6 Verify source ↗
Termination of employment in public interest
AI-assisted research summary: This section concerns termination of employment in the public interest.
6. Termination of employment in public interest. - 19 Verify source ↗
Basis of survivor pension
AI-assisted research summary: This section is titled “Basis of survivor pension” under Social Security Schemes, Part III Short Term Benefits.
19. Basis of survivor pension. 1 GN. No. 467 (Contd.) Social Security Schemes (Benefits) PART III SHORT TERM BENEFITS - 4 Verify source ↗
A person shall not qualify for old age pension
AI-assisted research summary: A person does not qualify for an old age pension benefit unless they have contributed to the Fund for at least 180 months and reached retirement age.
4. A person shall not qualify for old age pension benefit unless such person has- (a) contributed to the Fund for the period of not less than one hundred and eighty months; and (b) attained the retirement age. Retirement age Termination of employment in the public interest - 5 Verify source ↗
(1) A member may retire
AI-assisted research summary: A member may retire compulsorily at 60 or voluntarily once age 55 is reached.
5.-(1) A member may retire- (a) compulsorily, at the age of sixty years; or (b) voluntarily, any time upon attaining the age of fifty five; (2) A member whose statutory terms of employment prescribe an age of retirement shorter or longer than the age provided for under sub regulation (1), shall retire in accordance with such prescribed terms. - 6 Verify source ↗
(1) A member terminated from employment on
AI-assisted research summary: A member terminated from employment on public interest before voluntary retirement age may qualify for commuted pension, deferred pension, or a special lump sum depending on contribution months.
6.-(1) A member terminated from employment on public interest prior attaining voluntary retirement age and has contributed to the Fund for not less than one hundred and eighty (180) months- (a) shall be paid commuted pension; and (b) his pension shall be deferred and payable in accordance with regulation 11. (2) A member who is terminated from employment on public interest prior attaining the age voluntary retirement and whose contribution period is less than one hundred and eighty months, shall be entitled to special lumpsum. Pension benefit factors - 7 Verify source ↗
(1) Pension benefit factors to be used in the formula
AI-assisted research summary: This provision sets the factors used to calculate a full pension.
7.-(1) Pension benefit factors to be used in the formula for calculating full pension shall include- (a) annual accrual factor of 2.07 per-centum of the annual pensionable emolument or 1/580 of the monthly pensionable emolument per month; (b) commutation factor of 12.5; (c) commutation rate of 25 per-centum of full pension; and (d) monthly pension of 75 percentum of full pension 5 GN. No. 467 (Contd.) Social Security Schemes (Benefits) divided by 12. (2) A full pension referred to under subregulation (1) shall comprise of commuted pension and monthly pension. Pension formula - 8 Verify source ↗
(1) Subject to sub reguation (2), pension benefits
AI-assisted research summary: This section sets formulas for calculating pension benefits, including full, commuted, and monthly pensions, and provides special calculations for certain members and periods.
8.-(1) Subject to sub reguation (2), pension benefits under the respective schemes laws shall be calculated as follows: (a) full pension- 1/580 x number of months served x annual pensionable emoluments; (b) commuted pension- (1/580 x number of months served x annual pensionable emoluments) x 12.5 x 25 per- centum; (c) monthly pension- 1/580 x number of months served x annual pensionable emoluments) x 75 per-centum x 1/12. (2) Notwithstanding sub regulation (1), pension benefit for a member who joined the Public Service Pension Fund, GEPF Retirement Benefit Fund and the LAPF Pension Fund prior to 1st July, 2014, who at the date of commencement of the Public Service Social Security Fund Act, has attained voluntary retirement age shall be- (a) a total of pension benefit attained for the period ending on the date prior to the commencement of the Public Service Social Security Fund Act; and commencing on (b) the period the date of the Public Service Social commencement of Security Fund Act to the date of retirement. (3) Notwithstanding regulation 7 and subregulation (1) of this regulation, pension benefit for the period ending on the date prior to the date of commencement of the Public Service Social Security Fund Act, shall be calculated as follows: (a) full pension- 1/540 x number of months served prior to the date of commencement of the Public Service Social Security Fund Act x annual pensionable emoluments; (b) commuted pension- (1/540 x number of months served prior to the date of commencement of the Public Service 6 GN. No. 467 (Contd.) Social Security Schemes (Benefits) Social Security Fund Act x Annual Pensionable Emoluments) x 15.5 x 25 percentum; (c) monthly pension- 1/540 x number of months prior to the date of commencement of the Public Service Social Security Fund Act x annual pensionable emoluments) x 75 percentum x 1/12. (4) The pension beneftit for the period commencing on the date of commencement of the Public Service Social Security Act shall, for the months served after the date of the formula under commencement, be calculated using subregulation (1). (5) Monthly pension of a pensioner whose pension benefit is calculated under this regulation shall be indexed in a manner prescribed in regulation 11. Annual pensionable emolument - 9 Verify source ↗
Subject
AI-assisted research summary: Annual pensionable emoluments are calculated differently depending on which pension calculation rule applies.
9. Subject to regulation 8, annual pensionable emoluments shall be- (a) for the purpose of calculating pension pursuant to regulation 8(1), an average of the highest three years salaries which a member received during ten years preceding his retirement, and last the (b) for the purpose of calculating pension pursuant to regulation 8(2), the last salary which a member received preceding his retirement Commencement of payment of pension - 10 Verify source ↗
The payment of pension shall commence on the
AI-assisted research summary: Pension payments start the month after a member stops receiving salary because of retirement.
10. The payment of pension shall commence on the month following the month which the member ceased to receive salary due to retirement. Pension indexation - 11 Verify source ↗
(1) Indexation rate for a monthly pension shall be
AI-assisted research summary: The Minister must review the pension indexation rate every three years, but may review it earlier if necessary and after considering the Fund’s sustainability.
11.-(1) Indexation rate for a monthly pension shall be fifty per-centum of the prevailing inflation rate provided that inflation rate ranges between one per-centum to ten percentum. (2) Where inflation rate is above ten pecentum, indexation rate shall be five pecentum. (3) Where inflation rate is below one per-centum, indexation shall not apply for the inflation. (4) The Minister shall review pension indexation rate under this regulation after every three years. (5) Notwithstanding sub regulation (4), the Minister 7 GN. No. 467 (Contd.) Social Security Schemes (Benefits) Deferred pension Special lumpsum Minimum pension Cap 300 may, where he is considers necessary and after taking into consideration the sustainability of the Fund, review the pension indexation rate at any time before expiration of period of three years. - 12 Verify source ↗
(1) A member who has contributed to the Fund for
AI-assisted research summary: Some Fund members leaving service after at least 180 months of contributions and before retirement age are entitled to a commuted pension, and their monthly pension is deferred until age 55.
12.-(1) A member who has contributed to the Fund for a period of not less than one hundred and eighty months but has not reached retirement age shall, on termination of service - (a) due to appointment to a political post where there is specific arrangement for retirement benefit; (b) due to retrenchment; (c) as a result of restructuring of office; (d) on abolition of public office; be granted a commuted pension and his monthly pension be deferred until he attains the age of fifty five. (2) The commuted and monthly pension payable under these Regulations shall be calculated in accordance with the provisions of regulation 8: Provided that the the deferred monthly pension shall be indexed pursuant to the provisions of these Regulations until the date on which the member whose pension was deferred attains the age of voluntary retirement. - 13 Verify source ↗
(1) Except as otherwise provided
AI-assisted research summary: A member who leaves the Fund before qualifying for pension is entitled to a special lump sum, unless another regulation provides otherwise.
13.-(1) Except as otherwise provided these Regulations, a member who exits the Fund before qualifying for pension shall be paid a special lumpsum. in (2) The special lumpsum shall be an amount equal to the sum of the member’s monthly contributions paid to the Fund plus an interest calculated in a manner prescribed by the Authority. (3) The amount applicable in calculating special lumpsum shall be compounded annually. - 14 Verify source ↗
(1) The minimum monthly retirement pension
AI-assisted research summary: A member’s minimum monthly retirement pension must be at least the higher of 40% of the relevant sectoral minimum wage or the pension the person was already receiving before these Regulations started, except for certain early retirement cases.
14.-(1) The minimum monthly retirement pension payable to a member shall not be less than forty per-centum of sectoral minimum wage prescribed in accordance with the Labour Institutions Act for which the pensioner saved prior to his retirement or the pension a pensioner was receiving before the commencement of these Regulations, whichever is greater. (2) The minimum pension under sub regulation (1) shall not apply to a member who opts for early retirement for the period before attaining the age of compulsory retirement. 8 GN. No. 467 (Contd.) Social Security Schemes (Benefits) Reduction factor - 15 Verify source ↗
(1) A reduction factor of 0.3 per-centum shall be
AI-assisted research summary: An early-retirement member’s monthly pension is reduced by 0.3 per centum, and a reduction factor also applies for each completed month before compulsory retirement age, with listed exceptions.
15.-(1) A reduction factor of 0.3 per-centum shall be applied on monthly pension of a member who opts for early retirement. (2) A pension reduction factor shall apply on each completed month before reaching the compulsory retirement age. (3) The reduction factor referred to under sub regulation (1) shall not apply to- (a) a commuted pension of a member who opts for early retirement; and (b) a member whose retirement or exit from employment was involuntary. Invalidity benefits - 16 Verify source ↗
(1) Invalidity pension shall be payable to a member
AI-assisted research summary: A member may receive an invalidity pension if the listed medical, age, and service conditions are met.
16.-(1) Invalidity pension shall be payable to a member who- (a) is terminated from employment due to illness which is not work related sickness or accident; or (b) is suffering from a permanent invalidity which is not resulted from employment related illness or accident; (c) is below the age of voluntary retirement; and (d) has been in service for at least thirty six months of which twelve months have been contributed in the year preceding the illness. (2) The rate of invalidity benefit shall be determined in accordance with the provision of regulation 8, provided that the minimum pension shall not be less than thirty per-centum of annual pensionable emolument devided by twelve payable monthly. (3) Invalidity pension shall be indexed in a manner provided in regulation 11. Death gratuity - 17 Verify source ↗
(1) Where a member dies while in service, his
AI-assisted research summary: If a member dies while in service, dependants are entitled to death gratuity, with set shares for a widow or widower and for children, and the Court may vary the split in some cases.
17.-(1) Where a member dies while in service, his dependants shall be entitled to death gratuity in the following manner- (a) special lump sum or annual pensionable emoluments, whichever is greater, of the deceased member whose contributing period is less than one hundred and eighty months; or (b) commuted pension and survivors monthly pension which shall be calculated in a manner prescribed in 9 GN. No. 467 (Contd.) Social Security Schemes (Benefits) these Regulations. (2) A widow or widower, shall be entitled to forty per- centum of the death gratuity, and where there are more than one widow, the amount shall be divided equally among them. (3) Children of the deceased member shall, subject to provisions of these Regulations, be entitled to sixty per- centum of the death gratuity. (4) where there are no dependant children, the widow or widower shall be paid 100 per-centum of the death gratuity. (5) Where there is no widow or widower, the dependent childern shall be paid 100 per-centum of the death gratuity. (6) Where the deceased member has a child or children attending school, death gratuity shall be split into two halves, where- (a) one half shall be used to cover education benefit to be administered by the scheme; and (b) the other half shall be distributed equally among the survivors. (7) Notwithstanding the provisions of subregulations (2) and (3), the Court may, after taking into consideration of the needs and best interest of the widow or widower as the case may be and the children concerned, vary the distribution of death gratuity provided that, in so doing, the Court shall assign reasons for such variation. Survivors pension - 18 Verify source ↗
(1) Survivors pension shall be paid to dependants
AI-assisted research summary: Survivors pension is payable to dependants of a deceased member who contributed to the Fund for at least 180 months.
18.-(1) Survivors pension shall be paid to dependants of the deceased member who has contributed to the Fund for a period of not less than one hundred and eighty months. (2) Survivors pension shall be calculated in accordance with the provisions of regulation 8(1)(c). Basis of survivor pension - 19 Verify source ↗
(1) Survivors pension shall be payable on the
AI-assisted research summary: Survivors pension must be paid to eligible widows, widowers, children, or parents under the listed conditions.
19.-(1) Survivors pension shall be payable on the following basis- (a) in the case of the widow or widower who at the date of death is 45 years of age or above or who is under the age of 45 years and has the care of dependent children under the age of 15 years, for life or until re-marriage; 10 GN. No. 467 (Contd.) Social Security Schemes (Benefits) Unemployment benefits Duration of unemployment benefits (b) in the case of child under the age of 21 years receiving full time education or a child under the age of 18 years, as the case may be, shall be paid 60 percentum of the pension to be divided equally among the children. (2) Where the deceased member is not survived by widow or widower, 100 per-centum of the pension shall be divided equally among the dependent children. (3) Without prejudice to the respective schemes laws, where the deceased member is not survived by dependent children or dependent spouse, 100 percentum of the pension shall be paid to the parents of the deceased for life. (4) The entitlement amount prescribed under sub regulation (1) shall be paid in compliance with the procedures of the court relating to distribution of deceased property or estate. PART III SHORT TERM BENEFITS
Part
PART III
- 25 Verify source ↗
Conditions for granting mortgage facility
AI-assisted research summary: This section is titled “Conditions for granting mortgage facility.”
25. Conditions for granting mortgage facility. PART IV GENERAL PROVISIONS - 20 Verify source ↗
Unemployment benefit shall be payable on monthly
AI-assisted research summary: Unemployment benefit is payable monthly at 33.3% of the salary earned when employment ends.
20. Unemployment benefit shall be payable on monthly basis at the rate equivalent to 33.3 percentum of the salary earned at the time of ceasing to be employed. - 21 Verify source ↗
(1) The unemployment benefit shall, unless a
AI-assisted research summary: Unemployment benefit is payable for up to six months within twelve months, with an overall cap of eighteen months across a person’s employment career.
21.-(1) The unemployment benefit shall, unless a member secures another employment, be paid for a maximum period of six months within twelve months: Provided that unemployment benefit shall not be paid for a period exceeding an aggregate of eighteen months for entire employment circle or career. (2) Where the period for which a member is entitled to receive unemployment benefit pursuant to subregulation (1) expires and the member has not secured another employment within eighteen months after the date of expiration of the period of receiving unemployment benefit, he may apply to the Director General to convert his contribution into supplementary scheme of his choice. (3) The member whose contributions are converted under sub regulation (2) may continue to contribute to the supplementary scheme subject to the trust deed or rule governing the respective scheme. (4) Where such member’s contributions are converted to a supplementary scheme, the amount to be converted shall 11 GN. No. 467 (Contd.) Social Security Schemes (Benefits) be special lump sum minus total amount of unemployment benefit accessed. (5) Notwithstanding sub regulation (2), a member whose contribution period is below eighteen months shall, upon ceasing to be employed, be entitled to a payment of fifty per-centum of the total contribution. (6) Where the member has not secured another employment within eighteen months after the date of expiration of the period of receiving a payment of fifty per-centum of the total contributions, such member may apply to the Director General into supplementary scheme and he may continue to contribute to the supplementary scheme subject to the trust deed or rule governing the supplementary scheme. convert his contribution remaining to (7) The amount to be converted to supplementary scheme shall be computed as special lump sum minus the amount paid under sub regulation (6). Sickness benefit - 22 Verify source ↗
(1) The sickness benefit shall be payable to a
AI-assisted research summary: A member may receive sickness benefit if the stated eligibility conditions are met, and the Fund pays it after the first 63 days of sick leave.
22.-(1) The sickness benefit shall be payable to a member who- Cap. 366 Cap. 298 Cap 366 (a) is suffering from a sickness or accident which is not resulted from employment injury for more than three months, and the employer has exercised his obligation in accordance with Employment and Labour Relations Act or the Public Service Act, as the case may be, to pay him a half salary for a period of three months prior to termination from the employment; (b) is under the age of voluntary retirement; and (c) has contributed to the scheme for at least thirty six months of which twelve months contributions have been made in the year preceding the sickness. (2) The Fund shall pay sickness benefit under these Regulations after the first 63 days of sick leave payabable in accordance with employment and labour relations Act and shall be payable for a maximum period of three months. Rate of sickness benefit - 23 Verify source ↗
The rate of sickness benefit shall be forty per
AI-assisted research summary: Sickness benefit is set at 40% of the member’s monthly salary before the sickness.
23. The rate of sickness benefit shall be forty per- centum of the monthly salary enjoyed by the member prior to the sickness. Access to mortgage - 24 Verify source ↗
(1) Subject to sub regulation (3) and the procedure
AI-assisted research summary: A member may use part of their benefit entitlements as collateral for a home mortgage, subject to the stated procedure and subregulation (3). Schemes must also make agreements with commercial banks for home mortgage provision.
24.-(1) Subject to sub regulation (3) and the procedure 12 GN. No. 467 (Contd.) Social Security Schemes (Benefits) laid down in the operational manual of the respective schemes, a member may use part of his benefit entitlements as collateral for home mortgage. (2) The amount to be accessed for home mortgage shall not exceed fifty per-centum of- lumpsum, (a) special for a member who has contributed to the Fund for a period of less than one hundred and eighty months; and Conditions for granting mortgage facility (b) entitlement of pension, for a member who has contributed to the Fund for a period of not less than one hundred and eighty months. (3) For the purpose of this regulation, schemes shall enter into agreement with commercial banks for the provision of home mortgage. - 25 Verify source ↗
Subject to other conditions governing home
AI-assisted research summary: A scheme member may access a home mortgage facility if the listed conditions are met.
25. Subject to other conditions governing home mortgage, a member may access home mortgage facility if he fulfils the following conditions- (a) he is a member of a scheme; (b) he has contributed or deemed to have contributed to a scheme for at least ten years; (c) repayment of the facility shall not go beyond the member’s compulsory retirement age; and (d) he is a Tanzanian citizen. PART IV GENERAL PROVISIONS Offences and penalties
Part
PART IV
- 27 Verify source ↗
Revocation and saving
AI-assisted research summary: This section is headed “Revocation and saving,” but the excerpt does not state the operative rule.
27. Revocation and saving. 2 GN. No. 467 (Contd.) Social Security Schemes (Benefits) GOVERNMENT NOTICE No. 467 published on 17/08/2018 THE SOCIAL SECURITY (REGULATORY AUTHORITY) ACT, (CAP. 135) __________ REGULATIONS __________ (Made under section 25A) SOCIAL SECURITY SCHEMES (BENEFITS) REGULATIONS, 2018 PART I PRELIMINARY PROVISIONS Citation - 26 Verify source ↗
(1) Any scheme or peson who contravenes any
AI-assisted research summary: A scheme or person that breaches these Regulations commits an offence and is liable to the penalty set by the Act.
26.-(1) Any scheme or peson who contravenes any provision of these Regulations commits an offence and shall be liable to penalty as stipulated under the Act. (2) Notwithstanding the penalty imposed under sub regulation (1), the Authority may- (a) where the offence is committed by the scheme, these to comply with direct such scheme Regulations; (b) where the offence is committed by an officer, member of management or trustee, recommend for disqualification respective appointing authority of such officer, member of management or trustee; the to (c) take any other necessary measure it considers 13 GN. No. 467 (Contd.) Social Security Schemes (Benefits) appropriate for the better implementation of these Regulations. Revocation and saving - 27 Verify source ↗
(1) The Social Security Schemes (Pension Benefits
AI-assisted research summary: This provision revokes the Social Security Schemes (Pension Benefits Harmonization) Rules, 2017.
27.-(1) The Social Security Schemes (Pension Benefits Harmonization) Rules, 2017 are hereby revoked. (2) Notwithstanding the revocation of the Social Security Schemes (Pension Benefits Harmonization) Rules, 2017, transaction, claim or directive made or issued prior to the commencement of these Regulations shall not be affected. Dodoma, 16 August, 2018 JENISTA J. MHAGAMA Minister of State, Prime Minister's Office Policy, Parliament, Labour, Youth, Employment and Persons with Disability 14
Part
PART I
- 1 Verify source ↗
(1) These Regulations may be cited as the Social
AI-assisted research summary: This section gives the short title of the Regulations and notes that they apply under Cap. 50.
1.- (1) These Regulations may be cited as the Social Security Schemes (Benefits) Regulations, 2018. Application Cap. 50 - 2 Verify source ↗
(1) These Regulations shall, subject
AI-assisted research summary: These Regulations apply to all schemes operating in Mainland Tanzania, but for the National Social Security Fund only as to benefits whose computation is not provided for in the National Social Security Fund Act.
2.-(1) These Regulations shall, subject to sub- regulation (2), apply to all schemes operating in Mainland Tanzania. (2) Notwithstanding sub-regulation (1), application of the provisions of these Regulations to the National Social Security Fund shall be in relation to the benefits, the computation of which is not provided for in the National Social Security Fund Act. Interpretation Cap. 135 - 3 Verify source ↗
In these Regulations, unless the context otherwise
AI-assisted research summary: This section defines key terms used in the Regulations, including the Authority, Fund, Minister, retirement ages, pension-related terms, salary, and sectoral minimum wage.
3. In these Regulations, unless the context otherwise requires - “Act” means the Social Security (Regulatory Authority) Act; “Authority” means the Social Security Regulatory Authority established under section 4 of the Social Security (Regulatory Authority) Act; “annual pensionable emolument” means the emolument which is taken for the purposes of computing any pension granted to the member under under the schemes laws; "commutation" means a process of converting part of pension amount payable in the future income stream to present value terms to be paid to a pensioner as a 3 GN. No. 467 (Contd.) Social Security Schemes (Benefits) Act No. 2 of 2018 and Cap. 50 Cap. 50 Act No. 2 of 2018 lump sum; "commutation factor" means the actuarial neutral factor used to calculate pension lump sums at retirement; “commutation rate” means the rate of pension payable up front as commuted pension; “compulsory retirement age or pensionable age” means the age of sixty years or any other age statutorily provided as such by any other written law; "defined benefit scheme" means a type of retirement scheme in which benefits are pre-determined in an instrument of establishment of a scheme where individual contributions are matched with the required resources to meet the benefit cost for a specific time; “Fund” means the Public Service Social Security Fund established under the Public Service Social Security Fund Act and, where the context so requires, the National Social Security Fund Act; "mandatory defined benefit schemes" includes- (a) the National Social Security Fund or in its acronym “NSSF” established under the National Social Security Fund Act; and (b) the Public Service Social Security Fund or in its the Public acronomy “PSSSF” established under Service Social Security Fund Act; “Minister” means the Minister responsible for social security matters; “reduction factor” means actuarial neutral factor reduced from a monthly pension in lieu of voluntary retirement; “retirement age” means the age of voluntary retirement or compursory retirement prescribed in the respective schemes laws and includes any other retirement age statutorily provided by any other written law; "salary" has the same meaning ascribed to it by the respective schemes laws; "sectoral minimum wage" means the minimum wage as set by the respective sectoral minimum wage board; "scheme" means the mandatory pension schemes in Tanzania Mainland; Act No. 2 of 2018 and Cap. 50 “schemes laws” means the Public Service Social Security Fund Act and National Social Security Fund Act; and "voluntary retirement age" means the age of fifty five years and includes any age thereafter prior attaining compulsory 4 GN. No. 467 (Contd.) Social Security Schemes (Benefits) retirement age or any other age statutorily provided as such by any other written law; PART II LONG TERM BENEFITS Qualifying conditions for old age pension benefit
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