Social Security
(Medical Certification) (Amendment No. 2)
(Jersey) Order 2004
Made 23rd September 2004
Coming into force in
accordance with Article 6(2) and (3)
THE EMPLOYMENT AND SOCIAL SECURITY COMMITTEE, in pursuance of Articles 29 and
51 of the Social
Security (Jersey) Law 1974,[1] orders as follows –
1 Interpretation
In this Order, “principal Order” means the Social Security (Medical Certification) (Jersey)
Order 1974.[2]
2 Article
2 replaced
For Article 2 of the principal Order there shall be substituted the
following Article –
“2 Evidence
of incapacity and confinement
(1) Every person claiming short term incapacity
allowance shall furnish evidence of incapacity, in respect of the day or days
for which the claim is made –
(a) in the form set out in Part B of the First
Schedule to this Order; or
(b) by such other means as the determining
authority may accept as sufficient in the circumstances of any particular case
or class of cases.
(2) Where the evidence is in the form set out in
Part B of the First Schedule, the certificate in that form (as defined in
paragraph 1 of Part A of that Schedule) shall be completed in accordance with
Part A of that Schedule.
(3) Every woman by whom or on whose behalf a
claim for maternity benefit is made shall furnish evidence –
(a) where the claim is made in respect of
expectation of confinement, that she is pregnant and as to the stage which she
has reached in her pregnancy; or
(b) where the claim is made by virtue of the
fact of confinement, that she has been confined.
(4) The evidence to which paragraph (3) of this
Article refers shall be furnished –
(a) in the form set out in Part B of the First
Schedule to this Order; or
(b) by such other means as the determining
authority may accept as sufficient in the circumstances of any particular case
or class of cases.
(5) Where the evidence is in the form set out in
Part B of the First Schedule, the certificate in that form shall be completed
in accordance with Part A of that Schedule.”.
3 First
Schedule amended
(1) In
the First Schedule to the principal Order, in Part A –
(a) in
paragraph (1), for the definition “certificate” there shall be
substituted the following definition –
“ ‘certificate’
means that part of the form in Part B of this Schedule that is headed ‘FOR
DOCTORS USE ONLY’;”;
(b) in
paragraph (2), sub-paragraph (b) shall be deleted;
(c) in
paragraph (2), for the words “opposite the words” there shall be
substituted the words “under the words”.
(2) In
the First Schedule to the principal Order, for Part B there shall be substituted
the Part set out in Schedule 1 to this Order.
4 Second
Schedule amended
(1) In
the Second Schedule to the principal Order, in Part A, in paragraph 1, for the
words “a person authorized to exercise the profession of midwife in the
Island under the ‘Loi (1922) sur la
Santé Publique (Sages-femmes)’[3] ” there shall be
substituted the words “a registered midwife under the Health Care (Registration) (Jersey) Law 1995” [4].
(2) In
the Second Schedule to the principal Order, in Part A, for paragraph 3 there
shall be substituted the following paragraph –
“3. Every certificate of
confinement or expected confinement shall contain the following particulars
–
(a) the woman’s name;
(b) as appropriate, the actual date of
confinement or the week in which it is to be expected that the woman will be
confined, and in either case the date of the examination on which the
certificate is based; and
(c) the date on which the certificate is given,
and the certificate shall be
adjusted and completed accordingly.”.
(3) In
the Second Schedule to the principal Order, for Part B there shall be
substituted the Part set out in Schedule 2 to this Order.
5 Revocation
The Social Security (Medical
Certification) (Amendment) (Jersey) Order 2004[5] shall be revoked.
6 Citation
and commencement
(1) This
Order may be cited as the Social Security (Medical Certification) (Amendment
No. 2) (Jersey) Order 2004.
(2) Articles
1, 2 and 3, paragraphs (2) and (3) of Article 4, Article 5 and this Article shall
come into force on 1st October 2004.
(3) Article
4(1) shall come into force on the same day as Articles 7, 8(4) and 9 of the
Health Care (Registration) (Amendment) (Jersey) Law 2002.
M.N. DE LA HAYE
Greffier of the States.