A LAW TO PROVIDE WELFARE ASSISTANCE IN THE FORM

OF CASH GRANTS OR IN – KIND ASSISTANCE TO ELDERLY

PERSONS WHO ARE RESIDENT IN EKITI STATE AND FOR

RELATED PROVISIONS

NO. 5 OF 2012

EKITI STATE OF NIGERIA

A LAW TO PROVIDE WELFARE ASSISTANCE IN THE FORM OF CASH GRANTS OR

IN – KIND ASSISTANCE TO ELDERLY PERSONS WHO ARE RESIDENT IN EKITI STATE

AND FOR RELATED PROVISIONS

EKITI STATE OF NIGERIA

NO. 5 OF 2012

Commencement (……………………..)

ENACTED BY the House of Assembly of Ekiti State of Nigeria:

Interpretation

1. In this Law –

“Ministry” means the Ministry of Labour, Productivity and Human Capital

Development:

“Governor” means the Governor of Ekiti State;

“The unit” mean the Elderly persons Social Security Unit designated by the

Commissioner under section 5 of this Law;

“Commissioner” means the incumbent Commissioner, responsible for

Labour, Productivity and human Capital Development;

“Welfare assistance” means any assistance prescribed under section 6 of

this Law and includes an elderly person’s grant, disability grant or grant-

in-aid’

“Grant” means elderly person’s grant or disability grant payable under

section 6 of this Law;

“Register” means the Register of beneficiaries established under section 4

of this Law;

“Beneficiary” means a person registered under this Law.

Objectives and Purpose of Law

2. (1) The purpose of this Law is to make governance in Ekiti State

conform to the fundamental objectives and directive principles

of state policy enshrined in Chapter II of the Constitution of the

Federal Republic of Nigeria 1999 as amended with particular

reference to Sections 14(2) and 17 of the Constitution.

(2) Pursuant to sub-section (1) of this section, the objectives of this

Law are to:

(a) Recognize the existence of the resident elderly person in Ekiti

State.

(b) Recognize the rights of elderly persons to take their proper

place in the society and to support the participation of elderly

persons in the society as integral part of Ekiti State;

(c) Provide for a system of welfare assistance including free

health care and payment of welfare grants to

beneficiaries under this Law and thereby achieving a

minimum standard of living for the relevant elderly

people;

(d) be an effective tool to reduce old age poverty, destitution

and vulnerability and invest in human capital

development;

(e) prevent social exclusion, rights abuse and discrimination of

elderly persons;

(f) boost the economic potentials and social stability of

elderly persons by the provision of the steady income and

enabling them plan for their future and to invest in

productive assets;

(g) have a transformative effect on society as a whole,

assuring that indigent elderly persons in the State will have

access to pension in old age, thus enhancing government’s

credibility and building greater social cohesion;

Eligibility for Welfare Assistance

3. (1) A person is eligible to receive welfare assistance under this Law

if that person:

(a) is an indigene of Ekiti State

(b) is at least 65 years old;

(c) is indigent;

(d) has been resident in Ekiti State for the period which is

not less than three(3) consecutive years before any

question arises as to whether this Law applies to the person;

(2) Notwithstanding subsection (1) of this section, a person who is a

beneficiary of a pension scheme for public officers of the Local

Government, State, the Federal or any private pension scheme is not

eligible to receive financial assistance under this Law.

(3) For the purpose of this Law, a person is:

(a) “indigent” if that person’s verified monthly income is

less than N3, 000.

(b) An indigene of Ekiti State if that person’s father or

mother belongs by parentage to a community in Ekiti

state.

Register of Beneficiaries

4. (1) A person whose name is not on the Register established by this

section shall not be entitled to welfare assistance.

(2) Biometric of the beneficiaries should be captured.

(3) The Commissioner with the consent of the Governor shall create and

maintain a Register containing the names and other details of

persons who are eligible under section 3 of this Law to receive

welfare assistance.

(4) The Register shall be in a form prescribed by the Commissioner and

be kept in the Ministry and such other places designated by the

Commissioner.

(5) The Commissioner shall upon registering a person, issue to the

person an identification card bearing the entry Number and such

other details of the person as contained in the Register.

(6) The Commissioner shall, subject to subsection (6) of this

section ensure that the Register is open at all reasonable times

for inspection by members of the public.

(7) No person shall unlawfully disclose personal information

relating to a beneficiary which is not entered in the Register but

which has been furnished for the purpose of registering under this

Law except such disclosure is:

(a) Required in the course of or for the performance of a function

under this Law;

(b) Required under any Law or by an order of court; or

(c) Made with the consent of the beneficiary.

(8) Where the Commissioner is satisfied that:

a. a person’s name and details have been erroneously entered.

b. a person whose details are on the Register is deceased or

cannot be found; or

c. a person whose name is on the Register is no longer eligible by

reason of:

(i) an increase in income;

(ii) a change of residence; or

(iii) Commissioner opinion make the provisions of this Law

inapplicable to that person, the Commissioner shall refer the

matter to a committee of an Inter-religious body, headed by a

Bishop/Chief Imam which shall alter the Register by, in the

case, of paragraph (a) make such alterations as required to

the Register and in any other cases, delete the entry relating

to the person’s details.

Functions of the Commissioner and the Elderly Persons Social Security Unit.

5. (1) The Commissioner is responsible for the administration of

welfare assistance and the implementation of the provisions of the

Law.

(2) The Commissioner shall designate a unit in the Ministry to be

known as Social Scheme for the Elderly Unit for the purpose of

carrying out the Commissioner’s functions under this Law;

(3) The functions of the Unit are to:

(a) Administer welfare assistance in accordance with this Law.

(b) Prepare and maintain a data base of beneficiaries of the

Scheme established by this Law using information as may be

necessary for the effective execution and management of social

security assistance as well for the central reconciliation and

management of payment or transfer of funds;

(c) Prescribe a suitable payment mechanism and ensure that

the prescribed amount is ready for payment to the beneficiaries

each month;

(d) Prescribe a compliance and fraud detection scheme to ensure

that the identities of beneficiaries of welfare assistance are

ascertainable and that the integrity of the social security

system is maintained; and

(e) Perform such other functions as may be assigned to it by the

Commissioner.

(4) Where a person is by reason of illiteracy, age or disability

unable to understand, appreciate or exercise any of the rights, duties

or obligation under this Law, the Commissioner shall provide the

assistance to the person for the purpose of benefiting under this

Law.

Such person may be for this purpose appoints a third party whose name

and other details shall be noted on the Register.

Provision of Welfare Assistance

6. (1) The Welfare assistance under this Law is in the nature of:

(a) an elderly person’s grant

(b) a grant-in-aid; and

(c) Such other assistance as may be prescribed by the

Commissioner with the consent of the Governor.

(2) The quantum of grants payable under subsection (1) of this section

shall be determined by the Commissioner with the approval of the

Governor.

(3) The Commissioner, with the approval of the Governor, may also

establish and manage Welfare and Geriatric Centers and facilities for

elderly persons in any part of the State.

Grievance Redress Procedure

7. (1) A person who alleges that:

(a) though eligible under this Scheme, his/her name is not on

the Register; or

(b) his/her name has been unlawfully or improperly removed from

the Register; or

(c) injury or injustice has been suffered by him in the

administration of the social security scheme for the

elderly may appeal to the Committee of Inter-religious body

in writing, stating the grounds for the appeal and furnishing relevant

details to enable the Committee on Inter-religious body come to a

decision on the matter.

(2) The Committee of Inter-religious body shall subject to subsection 3 of

this section, consider the appeal within 21 days of receiving it and if

the Committee determines that the appeal has merit, it shall:

(i) in a case falling under paragraph (a) or (b), direct

appropriate alterations to the Register; and

(ii) in any other case, take appropriate measures to redress

the grievance.

(3) The Commissioner shall however have the right to delay the

processing of the decision for alteration of the Register for the

purpose of Subsection 2(i) hereof till the next round of enumeration

exercise to be conducted in furtherance of this Law.

Offences

8. (1) A person commits an offence who:

(a) Knowingly receives a grant or pays a grant to a person in

contravention of this Law:

(b) Fraudulently converts money received on behalf of a person

who is registered under this Law;

(c) with the intention to benefit from welfare assistance,

fraudulently provides information to the Commissioner or an

authorized officer which is false in any material details;

(d) forges or defaces or fraudulently alter an entry in the Register

or an identification card with the intention to benefit from

welfare assistance;

(e) impersonate a beneficiary for the purpose of receiving welfare

assistance;

(f) being a child, ward or relation of a beneficiary fails to report

the death of a beneficiary, with the intention to receive grants

after the beneficiary’s death.

(2) A person who commits an offence under this Section is liable on

summary conviction to a fine which is five (5) times the amount of

the elderly grant payable monthly under this Law or imprisonment

for a term not exceeding six months or both.

Funding of Social security

9. (1) The funds for the provision of the welfare assistance to be

administered under this Law shall consist of:

(a) money appropriated by the Ekiti State House of Assembly;

(b) grants made to the Ministry by designated institutions;

(c) donations or contributions received by the Ministry with the

approval of the Governor;

(2) The Ministry shall utilize the donations and contributions referred to

in subsection (1) (c) in accordance with the conditions, if any,

imposed by the donor or contributor concerned, but those

conditions shall not be inconsistent with the objectives and purpose

of this Law.

Accounts and Report

10. (1) The Unit shall keep proper accounts of all income and

disbursements in such form as the Commissioner may direct and in

accordance with best standard practices.

(2) The Commissioner shall, not later than 3 months after the end of

each year, submit to the Governor a report on welfare assistance

scheme during the immediate preceding year and shall include in the

report the audited accounts of the Ministry and the auditor’s

comments thereon.

PERIODIC ENUMERATION EXERCISE

11. The Commissioner shall for the purpose of this Law (at least once

a year) conduct periodic enumeration exercise with a view to review

the Register of Beneficiaries prescribed under section 4 of this Law.

Power to make Rules or Guidelines

12. The Commissioner may, with the consent of the Governor,

prescribe rules or guidelines:

(a) for ascertainment or verification of the identity, gender, age, family

ties, foster ties, residency and citizenship in relation to any person to

which this law applies;

(b) prescribing the procedure and forms for the implementation of this

Law;

(c) prescribing measure to prevent fraud or abuse; and

(d) generally for the effective implementation of this Law.

Citation and Commencement

12. This Law may be cited as the Ekiti State Senior Citizens Welfare Law, 2012

and shall come into effect on the day it is signed into Law.

This printed impression has been carefully compared by me with the

Bill, which has been passed by the Ekiti State House of Assembly and

found by me to be a true copy of the said Bill.

……………………………………………..

MR. BEN. AKINTUNDE FAMOYEGUN

Clerk of the House of Assembly

...........................................................

Rt. Hon. (Dr.) Adewale A. Omirin

Speaker of the House

Governor’s Assent

I hereby signify my assent to this Bill

DR. KAYODE FAYEMI

Executive Governor of Ekiti State

MADE AT ADO EKITI THIS …… DAY OF ……2012