Income Support
(Jersey) Law 2007
A LAW to establish a benefits scheme
for households with low income, to make minor amendments to related legislation
and for connected purposes
Adopted by the
States 10th October 2006
Sanctioned by
Order of Her Majesty in Council 14th December 2006
Registered by the
Royal Court 12th
January 2007
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
part 1
introductory provisions
1 Interpretation
In this Law, unless the context otherwise provides –
“adult” means a
person over compulsory school age;
“award” means the
amount of income support or a special payment that it has been determined a
household or a person, as the case may be, should be awarded;
“calculated income”
shall be construed in accordance with Article 7;
“child” means a
person below the upper limit of compulsory school age;
“claimant” means a
person claiming income support or a special payment;
“compulsory school age”
shall be construed in accordance with Article 2 of the Education (Jersey)
Law 1999[1];
“day care” means the
looking after a child by a day carer, or in day care accommodation, in
circumstances regulated by the Day Care of Children (Jersey) Law 2002[2];
“determining officer”
has the meaning assigned by Article 9(1)(a);
“eligible household”
means a household comprising one or more persons eligible for income support;
“income support”
shall be construed in accordance with Article 5;
“Minister” means the
Minister for Social Security;
“prescribed” means
specified or determined in accordance with an Order made by the Minister;
“special payment”
means a payment under Article 8.
part 2
income support
2 Eligibility
for income support
(1) A
person is eligible for income support if the person –
(a) is
an adult;
(b) has
been ordinarily resident in Jersey for such period as may be prescribed;
(c) is
a member of a household of which all the adult members are engaged in full time
remunerative work or exempted under Article 3; and
(d) is
a member of a household whose calculated income entitles the household to
receive income support under Article 6.
(2) Orders
may prescribe particular circumstances in which a person is to be treated or
not treated for the purposes of this Article as –
(a) ordinarily
resident in Jersey; or
(b) a
member of the same household as another person.
3 Persons
eligible despite not being engaged in full time remunerative work
(1) The
following persons are exempted from the requirement to be engaged in full time
remunerative work under Article 2(1)(c) –
(a) persons
aged 65 years or over;
(b) persons
with the main responsibility for the physical care of any child under the age
of 5 years who is a member of the same household;
(c) persons
with the main responsibility for the physical care of any child aged 5 years or
over who is a member of the same household;
(d) persons
incapable of full time work due to any physical, sensory or mental impairment;
(e) persons
undergoing education or training on any course approved by the Minister for the
purposes of this Article;
(f) persons
with the main responsibility for the physical care of any person with such
degree of physical, sensory or mental impairment as would make the carer
eligible to claim a special component under Article 5(3)(d);
(g) persons
available for, and actively seeking, full time remunerative work.
(2) However –
(a) not
more that one person may be treated as having the main responsibility for the
physical care of each of the following categories of persons –
(i) all children
mentioned in paragraph (1)(b) and (c),
(ii) any person
mentioned in paragraph (1)(f); and
(b) persons
mentioned in paragraph (1)(c) to (f) are only eligible for income support if
they are engaged in, or available for and actively seeking, remunerative work
for such hours (if any) as the determining officer considers appropriate in
their particular circumstances.
(3) The
States may by Regulations –
(a) amend
paragraph (1); and
(b) provide
for the purposes of this Article –
(i) what is or is not
to be treated as remunerative work and what amount of work is to be considered
as full time, generally or in any particular circumstances, and
(ii) the circumstances
in which a person is or is not to be treated as being available for, and
actively seeking, remunerative work.
4 Claims
for income support
(1) A person
who is eligible for income support may make a claim to the Minister and such
claim shall be treated as being made on behalf of the household of which the
person is a member.
(2) Only
one claim for income support may be made at any one time on behalf of any one
eligible household.
(3) Orders
may prescribe –
(a) the
manner in which a claim for income support is to be made;
(b) the
circumstances in which a claim for income support may be backdated;
(c) the
information and evidence that must be provided in support of a claim;
(d) the
method, timing and notification of payments;
(e) when,
by whom and in what circumstances notice must be given of any change of
circumstances affecting the continuance of entitlement to income support;
(f) provisions
relating to payments in the event of a death; and
(g) procedures
for handling claims on behalf of persons who cannot act for themselves.
5 Components
and rate of income support
(1) Income
support is a weekly allowance made up of basic and special components payable
to each eligible household.
(2) The
basic components are –
(a) a
rate for each adult in the household not included in sub-paragraph (b);
(b) a
rate for a sole adult in a household where the household is entitled to the
component described in sub-paragraph (c);
(c) a
rate for each child in the household;
(d) a
rate in respect of each household.
(3) The
special components are –
(a) a
rate in respect of the reasonable housing costs of the household;
(b) a
rate in respect of any person in the household who has a physical, sensory or
mental impairment;
(c) a
rate in respect of the reasonable costs of the day care of any child in the
household;
(d) a
rate in respect of any person in the household who has the main responsibility
for caring for a person with such degree of physical, sensory or mental
impairment as is specified by Regulations made by the States.
(4) The
States shall make Regulations setting out the criteria to be used when
determining to which components an eligible household is entitled.
(5) Rates
for each of the components (which, in the case of special components, may vary
according to specified circumstances) shall be specified in Regulations and the
amounts there specified shall be reviewed by the Minister at intervals not
exceeding one year and the Minister shall make such recommendations to the
States with respect to the Regulations as the Minister considers appropriate.
(6) In
reviewing the rates the Minister shall have regard to any changes in the cost
of living and in the general standards of living of the community, together
with any other factors that the Minister considers relevant.
(7) The
States may by Regulations amend paragraph (2) or paragraph (3).
6 Calculation
of award of income support
(1) If
the calculated income of a household is less than the total of the rates for
each component of income support to which the household is entitled, the
household is entitled to an award of income support from the Minister.
(2) The
amount of income support that an eligible household is entitled to receive is
the total of the rates for each such component minus the calculated income of
the household.
(3) However,
no income support shall be payable if the amount that would otherwise be
payable is less than £1 a week or such greater amount as may be prescribed.
7 Calculated
income
(1) The
calculated income of an eligible household is the total weekly income of the
household calculated or estimated in such manner as may be prescribed and
Orders may provide for the calculation to be made by reference to an average
over a given period of time (which need not include the week concerned).
(2) Orders
made under this Article may prescribe the extent to which –
(a) capital
is to be treated as providing an income;
(b) income
is to be treated as capital;
(c) any
percentage of income is to be disregarded;
(d) any
capital is to be disregarded for the purposes of assessing income; and
(e) income
or capital that would otherwise not be treated as income or capital is
nevertheless to be treated as income or capital.
(3) A
determining officer may, in exceptional circumstances, disregard any capital or
income that an Order under this Article would otherwise require to be taken
into account.
PART 3
special PAYMENTS
8 Special
payments
(1) The
States may, by Regulations, provide for the Minister to make special payments
of such amounts and in such circumstances as the Regulations may specify to any
person ordinarily resident in Jersey, whether or not the person is part of an
eligible household, to defray such expenses or categories of expenses payable
by that person as the Regulations may specify.
(2) Without
prejudice to paragraph (1), the Minister may, in exceptional
circumstances, make special payments of such amount as the Minister considers
appropriate to any person ordinarily resident in Jersey, whether or not that
person is part of an eligible household.
(3) Subject
to paragraph (4), the Minister may, in exceptional circumstances, make
special payments of such amount as the Minister considers appropriate to a
person who (though not ordinarily resident in Jersey) is temporarily in Jersey,
whether or not that person is part of an eligible household.
(4) The
States may by Regulations prescribe a maximum limit of the amount of any
special payment that may be made under paragraph (3).
(5) A
special payment may be in the form of a loan, and if so, the loan shall be
subject to such conditions (if any), including as to the payment of interest,
as the Minister considers appropriate.
(6) Orders
may prescribe –
(a) the
manner in which a claim for a special payment is to be made;
(b) the
information and evidence that must be provided in support of a claim;
(c) the
method, timing and notification of special payments;
(d) provisions
relating to special payments in the event of a death; and
(e) procedures
for handling claims on behalf of persons who cannot act for themselves.
part 4
ADMINISTRATION AND ENFORCEMENT
9 Determination
of claims
(1) Subject
to the provisions of this Law, Orders shall provide –
(a) for
the determination of any claim under Part 2 or Article 8(1) by one or
more officers appointed by the Minister, to be known as determining officers;
and
(b) if
the claimant or an adult member of the claimant’s household is
dissatisfied with any determination under paragraph (1)(a), any decision
of the determining officer under Article 11 or any review under
Article 12, for the matter to be reconsidered by a second determining
officer.
(2) Orders
under paragraph (1) shall further provide –
(a) for reviews on medical
grounds to be made by a Medical Appeal Tribunal constituted as prescribed;
(b) for appeals on
non-medical grounds to be made to the Social Security Tribunal constituted under Schedule 4 to the Social Security (Jersey)
Law 1974[3]; and
(c) for appeals from any
such Tribunal on questions of law to be made to the Royal Court.
(3) However,
a Tribunal mentioned in paragraph (2) shall not have jurisdiction unless a
second determining officer has first reconsidered the matter in accordance with
an Order made under paragraph (1)(b).
10 Power to refer
questions to experts
(1) Where
any question of special difficulty falls to be determined under this Law, the
determining officer may refer that question to one or more experts for
examination and report.
(2) An
expert to whom a question is referred under paragraph (1) shall not
disclose any information coming to his or her knowledge as a result of such
referral to any person except –
(a) a
person acting in execution of this Law;
(b) as
may be required for any purpose approved by the Minister; or
(c) for
the purposes or in the course of any legal proceedings.
(3) In
this Article “expert” means a person appearing to the determining
officer to have knowledge or experience which would be relevant in determining
the question of special difficulty.
11 Payments
to persons in an eligible household and to third parties
(1) Where
a household is entitled to income support, the determining officer shall decide
which of the adult members of the household are to receive payment and whether
payment should be assigned to the benefit of or paid to any third party under
paragraph (2), and payment of the amount awarded shall be made in
accordance with that decision.
(2) Subject
to the provisions of this Law, any award or part of an award may, if the
determining officer decides that it is in the best interests of the person or
household entitled to receive it, be assigned to the benefit of, or paid to,
any third party.
(3) Payment
of an amount in accordance with this Article shall constitute a discharge of
the obligation to pay that amount to any person or household as the case may
be.
12 Review
of awards
(1) A
determining officer may at any time review an award, and if the determining
officer considers that the determination may no longer be correct, he or she may
make a fresh determination.
(2) A
determining officer reviewing an award under paragraph (1) may require any
information or evidence that must be provided in support of a claim in
accordance with an Order made under Article 4(3) or Article 8(6).
13 Recovery
of awards wrongly made
(1) If
it is found at any time that any award has been paid that was not properly
payable, the Minister may require it to be repaid –
(a) if it was paid to a
person in his or her own right or on behalf of an eligible household, by that
person; or
(b) if it was paid to a
person on behalf of another person or an eligible household, by that person, by
that other person or by a member of that household.
(2) If
it is found at any time that any award properly payable has been paid to a person
not being a person by whom it was properly receivable, the Minister may require
it to be repaid by the person to whom it was paid.
(3) In
case of the death of a person who could be required to repay a sum under this
Article, the Minister may require it to be repaid by the person charged with
the administration of the deceased person’s personal estate.
(4) Proceedings
for the recovery of any sum which a person is required under this Article to
repay to the Minister may be instituted by the Treasurer of the States, either
in term or in vacation, and notwithstanding any enactment or rule of law to the
contrary, any such proceedings may be brought at any time within 10 years
from the time when that sum was paid, or, where the proceedings are for the
recovery of a consecutive series of sums, within 10 years from the date on
which the last sum of the series was paid.
(5) Any
sum which a person is required under this Article to repay to the Minister may,
without prejudice to any other remedy, be recovered by means of deduction from
any other payment due under this Law to the person to whom the sum was paid,
unless it was paid to that person on behalf of another, in which case it may,
without prejudice to any other remedy, be recovered by means of deduction from
any payment due under this Law to that other person.
14 Charges
over property
(1) In
any case where –
(a) a
special payment has been made in the form of a loan;
(b) the
Minister seeks to recover an award under Article 13; or
(c) the
determining officer has exercised his or her discretion under Article 7(3),
the amount in question may be secured by means of a hypothec charged
on any immovable property owned by the claimant or a member of the
claimant’s household, or a security interest in shares that confer on the
claimant or a member of the claimant’s household entitlement to occupy
any immovable property, as the case may be.
(2) The
Minister may require –
(a) the
payment of such interest, if any, on the amount in question, as the Minister
may specify; or
(b) the
repayment of the amount in question, plus any interest to be charged, by means
of such instalments as the Minister may specify.
(3) In
this Article “amount in question” means the amount of the loan,
award to be recovered or the amount of income support payable as a result of
the disregard of capital or income, as the case may be.
15 Administrative
expenses
The Minister may pay to
any member of a Tribunal mentioned in Article 9(2) who exercises any
functions under this Law, and any other person whose advice or assistance may
be required for the purposes of this Law by either of those Tribunals or by a
determining officer, such remuneration and expenses as the Minister may
determine.
16 Offences
A person who –
(a) with
intent to obtain an award, whether on behalf of himself or herself or any
household or person, furnishes any information that he or she knows to be false
in a material particular, or recklessly furnishes any information that is false
in a material particular, or withholds any material information;
(b) obtains
or receives an award, whether on behalf of himself, herself or any household or
person, knowing that it was not properly payable to, or not properly receivable
by, him or her; or
(c) fails
to notify a change of circumstances as required by an Order under this Law,
is guilty of an offence
and liable to imprisonment for a term of 7 years and to a fine.
17 Parties
to offences
(1) Where
an offence under this Law committed by a limited liability partnership or body
corporate is proved to have been committed with the consent or connivance of,
or to be attributable to any neglect on the part of –
(a) a person who is a partner of the
partnership, or director, manager, secretary or other similar officer of the
body corporate; or
(b) any person purporting to act in any such
capacity,
the person is also guilty
of the offence and liable in the same manner as the partnership or body
corporate to the penalty provided for that offence.
(2) Where the affairs of a body corporate are
managed by its members, paragraph (1) shall apply in relation to acts and
defaults of a member in connection with the member’s functions of
management as if he or she were a director of the body corporate.
(3) A person who aids, abets, counsels or
procures the commission of an offence under this Law is also guilty of an
offence and liable in the same manner as a principal offender to the penalty
provided for that offence.
18 Regulations
and Orders
(1) The
States may make Regulations and the Minister may make Orders specifying or
prescribing anything that is to be or may be specified or prescribed under this
Law and generally for carrying this Law into effect.
(2) Without
prejudice to any specific provision of this Law, any Regulations or Order under
this Law may contain such incidental, supplemental or transitional provisions
as appear to the States or the Minister, as the case may be, to be expedient
for the purposes of the Regulations or Order.
part 5
closing provisions
19 Transitional
provisions
Without prejudice to the powers conferred by any other provision of
this Law, Orders may make such provision as the Minister considers necessary
for facilitating the introduction of this Law, including the modification of
this Law, so as to facilitate the transition from the scheme of benefits that
applied before the commencement of this Law to income support.
20 Abolition
of Parish Welfare
The obligations of a parish to meet the costs of the relief and
maintenance of persons chargeable to the parish who are suffering as a result of
financial hardship are abolished.
21 Minor
or consequential amendments
(1) Schedule 1
has effect for amending the enactments set out in that Schedule.
(2) The
States may by Regulations make such other amendments to any enactment (other
than this Law) as appear to the States to be expedient for the purposes of this
Law.
22 Repeals
The enactments set out in Schedule 2 are repealed.
23 Citation
and commencement
This Law may be cited as the Income Support (Jersey) Law 2007 and
shall come into force on such day as the States may by Act appoint and
different days may be appointed for different purposes.
M.N. DE LA HAYE
Greffier of the States
SCHEDULE 1
(Article 21(1))
minor OR consequential amendments
1 Health
Insurance (Jersey) Law 1967
(1) In
this paragraph “1967 Law” means the Health Insurance (Jersey)
Law 1967[4].
(2) In
Article 1(1) of the 1967 Law –
(a) for
the definition “child of the family” there shall be substituted the
following definitions –
“ ‘child’
means a person below the upper limit of compulsory school age;
‘child of the household’
means, in relation to an insured person, any child who lives with the insured
person as part of his or her household”;
(b) the
definitions “beneficiary”, “dependant”,
“dependant wife” and “Family Allowances Law” shall be
deleted.
(3) For
Article 3(2)(b)(i) of the 1967 Law there shall be substituted the
following clause –
“(i) children
of the household of insured persons,”.
(4) Articles
4, 5 and 8 of the 1967 Law shall be repealed.
(5) For
Article 6 of the 1967 Law there shall be substituted the following
Article –
“6 Right
to claim benefit
(1) An insured person may claim benefit for
himself or herself and any child of the household.
(2) However, no claim may be made unless the
insured person –
(a) has been entered into insurance for at least
6 months; and
(b) has paid such contributions, if any, as the
person is required to pay under the Social Security Law.”.
(6) In
each of the following provisions in the 1967 Law in each place where they occur
for the words “any of the person’s dependants” there shall be
substituted the words “any child of the household” –
(a) Article
9(1);
(b) Article
11(1);
(c) Article
13(1);
(d) Article
15(2).
(7) Article
9(3) and (4) of the 1967 Law shall be repealed.
(8) In
Article 16 of the 1967 Law for the words “any of his or her
dependants” there shall be substituted the words “any child of the
household”.
(9) In
Article 17 of the 1967 Law –
(a) in
paragraph (1)(d) the words “and their dependants” shall be
deleted;
(b) in
paragraph (1)(f) for the words “any of his or her dependants”
there shall be substituted the words “any child of the household”;
(c) paragraph (1)(g)
shall be deleted;
(d) for
paragraph (2)(a) there shall be substituted the following
sub-paragraph –
“(a) for enabling a person to be
appointed to exercise, on behalf of an insured person who may be or become
unable for the time being to act, any right or power that the insured person
may be entitled to exercise under this Law, and for authorizing a person so
appointed to receive and deal with any sum payable by way of benefit on behalf
of the insured person;”.
(10) For
Article 28 of the 1967 Law there shall be substituted the following
Article –
“28 Determination of claims
(1) Subject to this Law, provision shall be made
by Order –
(a) for the determination of any question
arising under or in connection with this Law, including any claim for benefit,
by one or more determining officers appointed by the Minister; and
(b) if the insured person is dissatisfied with
any determination of a determining officer under this Law, for the matter to be
redetermined by a second determining officer.
(2) Orders under paragraph (1) shall
provide for –
(a) appeals to the Social Security Tribunal from
any determination of a determining officer;
(b) the reference to the Inferior Number of the
Royal Court for decision of any question of law arising in connection with the
determination of a question by a determining officer or of an appeal by the
Social Security Tribunal;
(c) appeals to the Inferior Number of the Royal
Court from a determination of a determining officer or a decision of the Social
Security Tribunal on any question of law.
(3) However, a Tribunal mentioned in
paragraph (2) shall not have jurisdiction unless a second determining
officer has first reconsidered the matter in accordance with an Order made
under paragraph (1)(b).
(4) The decision of the Inferior Number of the
Royal Court on any reference or appeal arising in connection with this Law
shall be final and without further appeal, but this is without prejudice to the
right of the Inferior Number of the Royal Court to refer the question at issue
to the Superior Number of the Royal Court.
(5) Subject to this Article, any Order under
this Article may, in relation to any consideration of a matter by a determining
officer or the Social Security Tribunal in accordance with the Order, include
provision –
(a) as to the procedure which is to be followed,
the form which is to be used for any document, the evidence which is to be
required and the circumstances in which any official record or certificate is
to be sufficient or conclusive evidence;
(b) as to the time to be allowed for making any
claim or appeal, for raising any question with a view to the review of any
decision or for producing any evidence;
(c) for summoning persons to attend and give
evidence or produce documents and for authorizing the administration of oaths
to witnesses; or
(d) for the representation of one person, at any
hearing of a case, by another person, whether or not that other person has
professional qualifications.
(6) Where, in any proceedings for an offence
under this Law or for the recovery of any sums due to the Health Insurance
Fund, any question arises that is required by an Order under this Article to be
determined in accordance with the Order, provision may be made by Order –
(a) that the decision relating to that question
shall be conclusive for the purpose of those proceedings;
(b) for obtaining such a decision when it has
not been given; and
(c) for adjourning the proceedings until such a
decision has been given.”.
(11) In
Article 34 of the 1967 Law –
(a) in
paragraph (1) for the words “it shall be lawful for the States, by
Act, to make provision for modifying or adapting this Law in its application to
cases affected by the agreement” there shall be substituted the words
“the States may, by Act, provide for this Law to be read as modified or
adapted, in its application to cases affected by the agreement, to the extent
required by the agreement”;
(b) in
paragraph (2) for the words “The modifications of this Law which may
be made by virtue of paragraph (1) shall include provision” there
shall be substituted the words “Where the States have made an Act under
paragraph (1), this Law shall be read as modified so as to include
provision”.
2 Social
Security (Jersey) Law 1974
In the Social Security (Jersey) Law 1974[5] –
(a) for
Article 1(2) there shall be substituted the following paragraph –
“(2) For the purposes of this
Law –
(a) “child” means a child below
school leaving age and any other child who is in full-time education;
(b) a person shall be treated has having a
family that includes a child if he or she lives with any child as part of his
or her household;
(c) “school leaving age” means the
upper limit of compulsory school age by virtue of Article 2 of the
Education (Jersey) Law 1999[6].”;
(b) in
Article 28(1)(a)(i) for the words “excluding an allowance under the
Family Allowances (Jersey) Law 1972[7]” there shall be
substituted the words “excluding any payment under the Income Support
(Jersey) Law 2007[8]”;
(c) for
Article 33 there shall be substituted the following Article –
“33 Determination of claims and
questions
(1) Subject to this Law, provision shall be made
by Order –
(a) for the determination of any question
arising under or in connection with this Law, including any claim for benefit,
by one or more officers appointed by the Minister, to be known as determining
officers; and
(b) if the claimant is dissatisfied with any
determination of a determining officer under this Law, for the matter to be redetermined
by a second determining officer.
(2) Paragraph (1) shall not apply to the
determination of any question for which provision is made by Articles 34A to
34D.
(3) Orders under paragraph (1) shall
provide for –
(a) appeals to the Social Security Tribunal from
any determination of a determining officer;
(b) the reference to the Inferior Number of the
Royal Court for decision of any question of law arising in connection with the
determination of a question by a determining officer or of an appeal by the
Social Security Tribunal;
(c) appeals to the Inferior Number of the Royal
Court from a determination of a determining officer or a decision of the Social
Security Tribunal on any question of law.
(4) However, a Tribunal mentioned in
paragraph (3) shall not have jurisdiction unless a second determining
officer has first reconsidered the matter in accordance with an Order made
under paragraph (1)(b).
(5) No Order under this Article shall provide
for appeals to lie from a decision of a determining officer on
questions –
(a) whether the contribution conditions for any
benefit are satisfied, or otherwise relating to an insured person’s
contributions;
(b) as to entitlement to a death grant;
(c) which of the 2 or more persons satisfying
the conditions for an increase of benefit, whether of the same or of a
different description, shall be entitled to the increase where by virtue of
some provisions of this Law not more than one of them is entitled to the
increase; or
(d) as to the class of insured persons in which
a person is to be included.
(6) The decision of the Inferior Number of the
Royal Court on any reference or appeal arising in connection with this Law
shall be final and without further appeal, but this is without prejudice to the
right of the Inferior Number of the Royal Court to refer the question at issue
to the Superior Number of the Royal Court.
(7) Subject to this Article, any Order under
this Article may, in relation to any consideration of a matter by a determining
officer or the Social Security Tribunal in accordance with the Order, include
provision –
(a) as to the procedure which is to be followed,
the form which is to be used for any document, the evidence which is to be
required and the circumstances in which any official record or certificate is
to be sufficient or conclusive evidence;
(b) as to the time to be allowed for making any
claim or appeal, for raising any question with a view to the review of any
decision or for producing any evidence;
(c) for summoning persons to attend and give
evidence or produce documents and for authorizing the administration of oaths
to witnesses; or
(d) for the representation of one person, at any
hearing of a case, by another person, whether or not that other person has
professional qualifications.
(8) Where, in any proceedings for an offence
under this Law, involving any question as to the payment of contributions under
this Law or for the recovery of any sums due to the Social Security Fund, any
question arises that is required by an Order under this Article to be
determined in accordance with the Order, provision may be made by Order –
(a) that the decision relating to that question
shall be conclusive for the purpose of those proceedings;
(b) for obtaining such a decision when it has
not been given; and
(c) for adjourning the proceedings until such a
decision has been given.”;
(d) in
Article 48 –
(i) in
paragraph (1) for the words “it shall be lawful for the States, by
Act, to make provision for modifying or adapting this Law in its application to
cases affected by the agreement” there shall be substituted the words
“the States may, by Act, provide for this Law to be read as modified or
adapted, in its application to cases affected by the agreement, to the extent
required by the agreement”;
(ii) in
paragraph (2) for the words “The modifications of this Law which may
be made by virtue of paragraph (1) shall include provision” there
shall be substituted the words “Where the States have made an Act under
paragraph (1), this Law shall be read as modified so as to include
provision”;
(e) in
paragraphs 1 to 3 of Schedule 4 in each place where they occur for the
words “5 other members” there shall be substituted the words
“12 other members”.
3 Invalid
Care and Disability Allowances (Jersey) Law 1978
In the Invalid Care and Disability Allowances (Jersey) Law 1978[9] –
(a) for
the long title there shall be substituted the following long title –
“A LAW to make provision for a non-contributory invalid
care allowance and for connected purposes”;
(b) for
Article 2(2) there shall be substituted the following paragraph –
“(2) In this Article
“severely disabled person” means a person with such degree of
physical, sensory or mental impairment as is specified by Regulations under
Article 5(3)(d) of the Income Support (Jersey) Law 2007[10].”;
(c) Articles
3, 4, and 7 shall be repealed;
(d) in
Article 10 –
(i) in
paragraphs (1) and (2) the provisos shall be deleted and for the colon at the
end of each paragraph there shall be substituted a full stop;
(ii) in
paragraph (4) for the words “12 months” in each place
where they occur there shall be substituted the words “10 years”;
(e) in
Article 12 paragraph (2) shall be repealed and the numbering of the
remaining text as (1) shall be deleted;
(f) in
Article 13 for the words “a fine not exceeding £1,000”
there shall be substituted the words “imprisonment for a term of 7 years
and to a fine”;
(g) in
Article 14 –
(i) in
paragraph (a) after the word “Law” there shall be inserted the
word “and”;
(ii) in
paragraph (b) for the word “; and” there shall be substituted
a full stop;
(iii) paragraph
(c) shall be deleted;
(h) in
Article 17 for the words “and Disability Allowances” there
shall be substituted the word “Allowance”.
4 Burials
and Exhumations (Jersey) Law 2004
For Article 7(b) of the Burials and Exhumations (Jersey) Law
2004[11] there shall be substituted
the following paragraph –
“(b) if the monetary value of the
estate is not sufficient to meet such costs, such part of the costs as the
Minister for Social Security considers reasonable shall be payable by the
Minister to the person arranging for the disposal as if those costs were a
special payment made in pursuance of Regulations made under Article 8(1)
of the Income Support (Jersey) Law 2007[12].”.
5 Rates
(Jersey) Law 2005
In the Rates (Jersey) Law 2005[13] –
(a) in
Article 20(1) for the words “increased by the percentage rise in the
Jersey Retail Prices Index during the 12 months beginning on 1st April of
that previous year” there shall be substituted the words “adjusted
by the percentage change in the Jersey Retail Prices Index calculated by
comparing the annual figure compiled for the quarter ending in March of that
year with the annual figure compiled for the quarter ending in March of the
previous year”; and
(b) the
following provisions shall be repealed –
(i) the
definition “institutional care” in Article 1(1);
(ii) Article
26(3);
(iii) Article
52.
SCHEDULE 2
(Article 22)
enactments
repealed
Loi (1908) sur l’Administration de
l’Assistance Paroissiale à St. Hélier[14]
Poor Law Amendment (Jersey) Law 1953[15]
Family Allowances (Jersey) Law 1972[16]
Attendance Allowances (Jersey) Law 1973[17]
Disability Transport Allowance (Jersey) Law 1997[18]
Disability Allowances (Jersey) Regulations 1988[19]
Milk (Sale to Special Classes) (Jersey) Regulations 2004[20]