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Social Security (Bonus)
(Jersey) Law 2014
A LAW to provide for the making of Regulations for the award or payment
of bonuses to or on behalf of eligible persons and to provide for a cold
weather bonus and for connected purposes.
Commencement [see endnotes]
1 Interpretation
In this Law “Minister”
means the Minister for Social Security.
2 Regulations
(1) The States may by
Regulations provide for a scheme to enable a person of a specified class to be
entitled to receive a bonus in the form of an award or payment made to that
person or on that person’s behalf.
(2) Without limiting the
generality of paragraph (1), Regulations made under this Law may –
(a) specify
the nature of a bonus;
(b) specify
the criteria for eligibility for a bonus;
(c) specify
the method by which a bonus may be awarded or paid;
(d) provide
for the Minister to appoint an agent to act on behalf of a person in relation
to the grant and receipt of a bonus;
(e) provide
for the determination of claims and questions arising in respect of a bonus;
(f) provide
for the reviews of decisions of a person to grant or to refuse to grant a bonus;
(g) provide
for appeals, including appeals to a body or tribunal established under another
Law, to be made against decisions of persons reviewing decisions in accordance
with sub-paragraph (f);
(h) modify
the application, in relation to an appeal under the Regulations, of –
(i) a
Law, or
(ii) an
enactment made under a Law,
relating to the conduct of appeals by a body or tribunal to which an
appeal under the Regulations may be made;
(i) provide
for recovery of the amount of a bonus wrongly awarded or paid;
(j) provide
for extinguishment of rights to an award of, or sums payable as, a bonus;
(k) provide
for administrative expenses to be payable to members of a body or tribunal
referred to in sub-paragraph (g);
(l) specify
offences for contravention of the Regulations and specify penalties for such
offences not exceeding imprisonment for 2 years and a level 3 fine.
3 Orders
The Minister may by Order make provision –
(a) specifying the value of a bonus and the method by which the value of
the bonus may be varied;
(b) specifying
procedures and notification periods for applications,
determinations and appeals in respect of a bonus;
(c) specifying the value of
any income or asset specified in Regulations made under Article 2(2)(b) to
be a criterion for eligibility for the grant of a bonus;
(d) providing for the
amounts of administrative expenses payable under Regulations made under Article 2(2)(k).
4 Cold
weather bonus
(1) The Schedule shall have
effect to provide for a bonus to be called a cold weather bonus.
(2) The States may by
Regulations amend the Schedule.
(3) This Article and the
Schedule shall cease to have effect on the date of coming into force of
Regulations made under Article 2 to provide a scheme for a cold weather
bonus.
5 Offences
(1) A person shall not,
with intent to obtain a bonus, whether on behalf of that person, another person
or any household –
(a) furnish
any information that he or she knows to be false in a material particular;
(b) recklessly
furnish any information that is false in a material particular; or
(c) withhold
any material information.
(2) A person shall not
obtain or receive a bonus, whether on behalf of that person or of another
person or of any household, knowing that it was not lawfully payable to, or not
lawfully receivable by, him or her.
(3) A person who
contravenes paragraph (1) or (2) shall be guilty of an offence and liable
to imprisonment for a term of 2 years and to a fine.
(4) Where an offence under paragraph (3)
committed by a limited liability partnership, separate limited partnership or
other partnership having separate legal personality or body corporate is proved
to have been committed with the consent or connivance 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.
(5) Where the affairs of a
body corporate are managed by its members, paragraph (4) applies 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.
6 Citation
This
Law may be cited as the Social
Security (Bonus) (Jersey) Law 2014.
Schedule[1]
(Article 4)
Cold Weather Bonus
1 Interpretation
(1) In
this Schedule –
“2007 Law”
means the Income
Support (Jersey) Law 2007;
“adult” has
the same meaning as in the 2007 Law;
“applicant”
means a person who has made an application for a cold weather bonus under this Schedule;
“cold weather
bonus” means a bonus payable to defray the expenses of heating a dwelling
for any month from and including the months of October to April that is a cold
weather month;
“determining
officer” means a determining officer as defined in the 2007 Law or
as appointed under Article 33 of the Social Security (Jersey)
Law 1974;
“hostel” means
a facility (other than a private house) providing board and lodging and
generally staffed by persons providing support to vulnerable persons;
“Jersey old age
pension” means a pension to which a person is entitled under Article 25
of the Social
Security (Jersey) Law 1974;
“Registrar”
shall be construed in accordance with Article 4 of the Social Security
(Determination of Claims and Questions) (Jersey) Order 1974;
“Royal Court”
means the Inferior Number of the Royal Court;
“series of cold
weather months” means the months running from October in each year
through to April in the following year;
“Tribunal”
means the Social Security Tribunal constituted under Article 8 of the Social Security
(Determination of Claims and Questions) (Jersey) Order 1974.
(2) In
this Schedule –
(a) a month, being the
month of October, November, December, January, February, March or April, is a
“cold weather month” if the aggregate of the amount by which the
average daily temperature of each day in that month falls below
15.5 degrees Celsius exceeds 90;
(b) references to a household are to be
construed in the same way as they are for the purposes of the 2007 Law;
and
(c) references to a person being a member of a
household are to be construed in accordance with Article 5 of the Income Support (General Provisions)
(Jersey) Order 2008.
2 Payment of cold weather
bonus
(1) The
Minister shall pay a cold weather bonus, being an amount calculated in
accordance with the formula in paragraph 4 –
(a) on behalf of a household that qualifies for
it under paragraph 3; and
(b) to a member of that household who applies
for it in accordance with paragraph 6,
in relation to any cold
weather month.
(2) Any
cold weather bonus that is payable for the months of October, November or
December shall be paid on or after 1st January the following year.
(3) Any
cold weather bonus that is payable for the months of January, February, March
or April shall be paid on or after 1st May of that year.
3 Qualifying conditions
(1) A
household qualifies for a cold weather bonus for a cold weather month, if it
meets all of the conditions in sub-paragraphs (2) to (5) in relation to
that cold weather month.
(2) The first condition is
that no adult in the household has received (or has claimed and is entitled to
receive) a payment under the Income Support (Special Payments) (Cold Weather
Payments) (Jersey) Regulations 2008 in respect of the cold
weather month.
(3) The second condition is
that, where an application for a cold weather bonus is made on behalf of the
household, no member of the household was served with a notice of assessment
under Article 25 of the Income Tax (Jersey) Law 1961 showing a liability to
income tax for the year of assessment preceding the start of the series of the
cold weather months to which the application relates.
(4) The third condition is
that at least one member of the household –
(a) for
at least one month of the relevant series of cold weather months, is awarded
long term incapacity allowance for total incapacitation assessed at a degree of
100%; or
(b) before
the end of the relevant series of cold weather months, is over pensionable age.
(4A) The fourth condition is that,
subject to sub-paragraphs (6) to (8) –
(a) in
the case of an individual described in sub-paragraph (4)(a), they have been
ordinarily resident in Jersey for a continuous period of 5 years immediately
before the end of the relevant series of cold weather months; or
(b) in
the case of an individual described in sub-paragraph (4)(b) –
(i) who
is in receipt of a Jersey old age pension, they have been ordinarily resident
in Jersey for a continuous period of 5 years immediately before the end of the
relevant series of cold weather months; or
(ii) who
is not in receipt of a Jersey old age pension, they have been ordinarily
resident in Jersey for a continuous period of 10 years immediately before the
end of the relevant series of cold weather months.
(5) The fifth condition is
that during the cold weather month the household occupied a dwelling in respect
of which at least one member of the household –
(a) was
the owner or has paid rent or held a lease to occupy the dwelling under the
terms of a lease or licence; or
(b) was
employed as the caretaker in respect of which no wages are paid, or other money
payments made, either by the employer or any other person,
and at least one member of the household was responsible for the
cost of heating the dwelling.
(6) A person resident
outside Jersey shall nevertheless be treated as being ordinarily resident in
Jersey for any part of the period specified in sub-paragraph (4A) in which that
person’s principal residence was in Jersey.
(7) A person detained by
virtue of a sentence of imprisonment or similar punishment (whether in Jersey
or elsewhere) shall not be treated as ordinarily resident in Jersey for the
period during which the person is so detained.
(8) The period during which
a person was ordinarily resident in Jersey immediately prior to the detention shall
be treated as if it immediately preceded the person’s release from that
detention.
(9) The fifth condition
referred to in sub-paragraph (5) shall not be satisfied where the dwelling
being occupied is lodgings or a hostel.
(10) In this
paragraph –
“long term incapacity allowance”
means the benefit described in Article 16 of the Social Security (Jersey) Law 1974;
“pensionable age”
has the meaning assigned in Article 1 of the Social Security (Jersey) Law 1974.
4 Amount of cold weather bonus
(1) The
amount of cold weather bonus payable shall be calculated according to the
formula –
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where –
C is calculated according
to sub-paragraph (2); and
T is the aggregate, up
to a maximum of 540, of the amount by which the average daily temperature of
each day in that month falls below 15.5 degrees Celsius.
(2) C
is –
(a) for
each cold weather month from October 2024 to April 2025 inclusive, £193.37
increased or decreased by the same percentage as that of the rise or fall in
the fuel element of the Jersey Retail Prices Index published by the Office of
the Chief Statistician constituted under Article 5(1) of the Statistics and Census
(Jersey) Law 2018 for the 12 months ending on 30th June 2024;
(b) for each subsequent cold weather month, the
figure produced by increasing or decreasing the figure for the previous April
by the same percentage as that of the rise or fall in the fuel element of the
Jersey Retail Prices Index published by the Office of
the Chief Statistician constituted under Article 5(1) of the Statistics and Census
(Jersey) Law 2018 for the 12 months ending in the previous June.
(3) The
product of each formula in this paragraph shall be rounded up to the next whole
penny.
(4) Only
one cold weather bonus is payable at any time in respect of a dwelling.
(5) If
a dwelling is occupied by 2 or more households entitled to a cold weather bonus,
the cold weather bonus is divided equally between all the households entitled
to it.
(6) No
cold weather bonus shall be payable where a dwelling is occupied by 2 or more
households and one or more of those households receives, or has applied for and
is entitled to receive, a cold weather payment under the Income Support (Special
Payments) (Cold Weather Payments) (Jersey) Regulations 2008 in respect
of that dwelling.
4A
4B
5 Extinguishment
of rights to cold weather bonus
(1) The right to a payment
of a cold weather bonus is extinguished where the payment of the cold weather bonus
is not obtained within the period of 2 years from the date on which the
right is to be treated as having arisen.
(2) For the purpose of this
paragraph the right is to be treated as having arisen –
(a) in
relation to any such sum contained in an instrument of payment which has been
given or sent, for the purposes of making payment of that sum, to the applicant
or to an approved place for collection by the applicant (whether or not
received or collected as the case may be), notwithstanding that that sum is
greater or less than the sum of the payment to which the applicant has the
right –
(i) on the date on
the instrument of payment, or
(ii) if
a further instrument of payment has been so given or sent as a replacement for
an instrument of payment previously given or sent, on the date on the last such
instrument of payment;
(b) in
relation to any such sum to which clause (a) does not apply, but where
notice is given (whether orally or in writing) or is sent that the sum
contained in the notice is available for collection, notwithstanding that that
sum is greater or less than the sum of the payment to which the applicant has
the right –
(i) if written notice
is sent through the post, on the date on which it would be delivered in the
ordinary course of post, and
(ii) in
any other case, on the date of the notice,
and if more than one such notice is given or sent, on the date
determined by reference to the first such notice; or
(c) in
relation to any such sum to which neither clause (a) nor (b) applies,
on such date as the Minister determines.
(3) Where a question arises
whether the right to payment of any sum as a cold weather bonus has been
extinguished by the operation of this paragraph and the determining officer or
the Tribunal is satisfied that –
(a) after
the expiration of the period of 2 years referred to in sub-paragraph (1)
the Minister has received notice requesting payment of that sum; and
(b) throughout
a period commencing within the period of 2 years referred to in sub-paragraph (1)
and continuing up to the day on which the notice was given there was good cause
for not giving that notice,
the period of 2 years referred to in sub-paragraph (1) is
extended to the date on which the determining officer or the Tribunal decides
that question, and, for the purposes of the operation of this paragraph, after
that decision the right to payment of that sum is to be treated as having
arisen on that date.
(4) This paragraph applies
to a person authorized or appointed to act on behalf of an applicant as it
applies to an applicant.
6 Application
for cold weather bonus
(1) An application for a
cold weather bonus may be made to the Minister –
(a) on
behalf of a household that meets the conditions specified in paragraph 3 on
the date of the application; and
(b) by
a member of that household.
(2) Subject to sub-paragraph (3),
an application for a cold weather bonus may be made at any time during a series
of cold weather months and only in respect of those months.
(3) In any case where the
applicant proves that there was good cause for a failure to make the
application before the date on which it was made, the time specified in paragraph (2)
for making the application is extended to the date on which the application is
made, subject to a maximum extension of 5 months.
(4) An application for a
cold weather bonus must be made to the Minister on a form approved by the
Minister, or in such other manner as the Minister may accept as sufficient in
the circumstances for the case.
(5) An application is
treated as having been made on the day on which it is received by the Minister
at an office approved by the Minister for the receiving of applications.
(6) If an application is
defective at the date when it is received or has been made in a manner
otherwise than as required by sub-paragraph (4), the Minister may refer
the application to the applicant or, as the case may be, supply him or her with
the form, and if the form is received properly completed within 14 days
from that date on which the application is so referred, or the form is so supplied,
to the applicant, the Minister must treat the application as if it had been
duly made in the first instance.
(7) An applicant may, by
notice in writing to the Minister, amend an application at any time before the
application is determined and the Minister may treat the application as if it
had been made as so amended in the first instance.
7 Information
and evidence in support of an application
(1) An
applicant or such other adult member of the household as the determining
officer may specify must furnish such certificates and other documents and
information as the determining officer may require in connection with the
application and, if reasonably so required, must for that purpose attend at
such office or place as the determining officer may direct.
(2) Without
prejudice to the generality of sub-paragraph (1) and paragraph 6(4),
the Minister may require the application to contain at least the following
information –
(a) the
address of the household;
(b) in
relation to each adult member of the household, including the applicant, that
person’s –
(i) title and full
name (including any previous surname),
(ii) date
of birth,
(iii) social
security number, and
(iv) relationship
to the applicant;
(c) a
copy of any notice of assessment under Article 25 of the Income Tax (Jersey)
Law 1961 for the year preceding the start of the series of cold
weather months related to any adult member of the household, including the
applicant; and
(d) in
relation to the applicant only –
(i) confirmation of
that person’s period of ordinary residence in Jersey, and
(ii) details
of a bank account, if available, into which the cold weather bonus can be paid,
including the name of the bank, the sort code, the account number and the name
of the account holder.
(3) The
determining officer may treat an application as not having been made unless and
until each adult member of the household has taken any step requested of that
member by the determining officer to assist in enabling the Comptroller of
Revenue to release to the determining officer any information that –
(a) is
held by the Comptroller; and
(b) is
required by the determining officer in order to determine whether the household
meets the second condition, as set out in paragraph 3(3).
8 Persons
unable to act
(1) In
the case of an applicant who is unable to act who –
(a) has
not been received into guardianship in pursuance of a guardianship application
under Article 29 of the Mental Health (Jersey)
Law 2016;
(b) does
not have, acting on his or her behalf –
(i) a delegate
appointed under Part 4 of the Capacity and
Self-Determination (Jersey) Law 2016, or
(ii) a
person acting under the authority of a lasting power of attorney conferred
under Part 2 of that Law; and
(c) does
not have a tuteur,
the Minister may, on
receipt of a written request, appoint a person to act on the applicant’s
behalf.
(2) An
appointment by the Minister under sub-paragraph (1) terminates –
(a) if
the applicant is received into guardianship, or has appointed, in relation to
him or her, such a person as mentioned in paragraph (3)(b) or a tuteur;
(b) at
the request of the person appointed;
(c) if
revoked by the Minister; or
(d) if
the applicant becomes able to act.
9 Functions
of determining officers
(1) An
application for a cold weather bonus must be determined by a determining
officer and where required under paragraph 10, redetermined by a second
determining officer.
(2) The
determining officer must notify in writing the applicant (or other person
acting on his or her behalf) and all the other adult members of the
applicant’s household –
(a) of
every adverse decision made in respect of the household and the reasons for it;
and
(b) of
their rights to challenge an adverse decision, as set out in sub-paragraph (3)
in the case of a first determination or as set out in sub-paragraph (4) in
the case of a redetermination.
(3) In
the case of an adverse decision on a first determination, the determining
officer must notify the other persons mentioned in sub-paragraph (2) –
(a) of
the right of any of them to have every adverse decision reconsidered by a
second determining officer;
(b) that
this right must be exercised within 21 days of the person receiving notice
of the decision; and
(c) that
if the right is not exercised there is no right of further appeal.
(4) In
the case of an adverse decision on redetermination, the determining officer
must notify the other persons mentioned in sub-paragraph (2) of the right
of any of them to appeal to the Tribunal.
(5) Where
the determining officer or, in the case of a redetermination, the second
determining officer, has determined that the household is entitled to a cold
weather bonus and the amount of the cold weather bonus, he or she must allow
payment of the cold weather bonus to be made.
10 Redetermination
by second determining officer
If an applicant or an
adult member of the applicant’s household is dissatisfied with any decision
under paragraph 9 that is made by a first determining officer determining the
matter, he or she may require the matter to be redetermined by a second
determining officer at any time within 21 days of receiving notice of the
decision.
11 Appeals to
Tribunal
(1) If
an applicant or an adult member of the applicant’s household is
dissatisfied with any redetermination by a second determining officer, he or
she may appeal to the Tribunal within 14 days of receiving notification of
the decision.
(2) An
appeal made outside the 14 day period, but within 28 days of
receiving notification of the decision, may be allowed with the consent of the
chairman of the Tribunal.
(3) Every
appeal must be made in writing to the Registrar on a form approved by the
Registrar for that purpose, or in such manner as the Registrar may accept as
sufficient in the circumstances of the case.
12 Further
particulars
(1) The
Tribunal may at any time require the applicant or the determining officer to
furnish it with further particulars in writing and within such time as it may
direct with regard to any appeal, and may at any stage of the proceedings allow
the amendment of any application for appeal or any statement or particulars and
extend the time for furnishing any statement or particulars.
(2) If,
after the expiration of the time, or where the time has been extended,
expiration of the extended time, for furnishing any statement or particulars
under sub-paragraph (1), the applicant has failed to do so, the appeal is
to be treated as having been abandoned.
13 Special procedure
in cases of groundless appeals
(1) Where,
in the opinion of a determining officer, an application for appeal is made on
grounds that are bound to fail, the determining officer may, within 14 days
of receiving the application, request the Registrar to place the papers before
the chairman or deputy chairman of the Tribunal.
(2) If,
on considering the papers, the chairman or deputy chairman of the Tribunal is
of the opinion that the appeal is bound to fail, he or she must send a notice
to the applicant stating that –
(a) he or
she has considered the application for appeal and is of the opinion that the
appeal is bound to fail; and
(b) unless
the applicant renews his or her application to the Tribunal within 14 days
of receiving the notification, the appeal will be treated as having been
abandoned.
14 Decision without
a hearing
If the applicant and the
Minister agree and the Tribunal thinks that a matter before it can properly be
determined on the particulars supplied by the parties without a hearing, it may
determine the matter without a hearing on the particulars so supplied.
15 Procedure of
Tribunal
(1) The
parties to an appeal before the Tribunal are the applicant and the Minister and
each party or any person acting on behalf of that party may make
representations to the Tribunal.
(2) The
Tribunal must sit in public unless the Tribunal considers it necessary to sit
in private.
(3) However,
no person other than the Registrar may be present while the Tribunal is
considering its decision.
(4) The
Tribunal may adjourn the hearing from time to time as it thinks fit.
(5) The
Tribunal may, if it thinks fit, admit any duly authenticated written statement
or other material as evidence of any fact in any case in which it thinks it
just and proper to do so.
(6) The
Tribunal may, if it thinks fit, call for such documents and examine such
witnesses as appear to it likely to afford evidence relevant and material to
the issue, although not tendered by either the applicant or the Minister.
(7) If,
after notice of the hearing has been duly given, the applicant or the Minister
fails to appear at the hearing, the Tribunal may proceed to determine the
appeal notwithstanding the absence of both or either of them, or may give such
directions with a view to the determination of the application as the Tribunal
thinks just and proper.
(8) The
Tribunal may require any party to proceedings before the Tribunal under this
Schedule or any witness in the proceedings to give evidence on oath and, for
that purpose, the chairman or deputy chairman presiding over the Tribunal has
power to administer an oath.
(9) Where,
in connection with the determination of any application, there is before the
Tribunal medical advice or medical evidence relating to the applicant that has
not been disclosed to the applicant and, in the opinion of the chairman or
deputy chairman, the disclosure to the applicant of that advice or evidence
would be harmful to the applicant’s health, such advice or evidence is
not required to be disclosed to the applicant, but the Tribunal is not by
reason of such non-disclosure precluded from taking it into account for the purpose
of the appeal.
(10) On
the appeal of any case under this paragraph, the Tribunal may confirm, reverse
or vary the decision of the second determining officer and must give its
decision in public.
(11) The
decision of the majority of the members of the Tribunal is the decision of the
Tribunal and there must be a written record of the decision signed by the
chairman or deputy chairman as the case may be which –
(a) includes
the names of the Tribunal members;
(b) includes
the reasons for the decision; and
(c) records
any dissent and the reasons for such dissent,
and the Registrar must
send a copy of such written record to the parties as soon as practicable after
the appeal has taken place.
(12) Where
the Tribunal has made a decision adverse to the applicant, the applicant must
be advised that the decision on the facts is final but that he or she may
appeal to the Royal Court on a point of law.
(13) Subject
to this paragraph, the Tribunal may regulate its own procedure.
16 Appeals and
references
(1) A
person aggrieved by a decision of the Tribunal, may on a point of law only,
appeal to the Royal Court.
(2) An
appeal under sub-paragraph (1) may only be made with leave of the Tribunal
or the Royal Court, and must be made before the end of the period of 4 weeks
beginning with the date of the Tribunal’s written decision.
(3) An
application for leave to appeal under sub-paragraph (2) may include an
application to stay a decision of the Tribunal pending the appeal.
(4) No
appeal shall lie from a decision of the Tribunal refusing leave for the
institution or continuance of, or for the making of an application in,
proceedings by a person who is the subject of an order under Article 1 of
the Civil Proceedings
(Vexatious Litigants) (Jersey) Law 2001.
(5) The
Tribunal or a determining officer may refer any point of law to the Royal Court
for the Royal Court to give a ruling on the point.
17 Administrative
expenses
The Minister may pay to
any member of the Tribunal who exercises any functions under this Schedule, and
any other person whose advice or assistance may be required for the purposes of
this Schedule by the Tribunal or by a determining officer, such remuneration
and expenses as the Minister may determine.
18 Recovery of cold
weather bonus wrongly paid
(1) If
it is found at any time that any cold weather bonus 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 a qualifying
household, by that person; or
(b) if it
was paid to a person on behalf of another person or a qualifying 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 cold weather bonus 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
paragraph, 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 paragraph to
repay to the Minister may be instituted by the Treasurer of the States 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 paragraph to repay to the Minister
may, without prejudice to any other remedy, be recovered by means of deduction
from any other payment due under the provisions of this Schedule 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 the provisions of
this Schedule to that other person.
19 Notices
Any notice, notification
or other document required or authorized by this Schedule to be given to any
person is deemed to have been given or sent if it was sent by post to that
person at the person’s ordinary or last known address.