Health Service (Benefit) (Guernsey) (Amendment) Law, 2002

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PROJET DE LOI

ENTITLED

The Health Service (Benefit) (Guernsey) (Amendment) Law, 2002

THE STATES, in pursuance of their Resolution of the 28th day of February, 2002[a], have approved the following provisions which, subject to the Sanction of Her Most Excellent Majesty in Council, shall have force of law in the Islands of Guernsey, Herm and Jethou.

Amendment to Law of 1990.

1. The Law of 1990 is amended as set out in the Schedule.

Interpretation.

2. In this Law, unless the context otherwise requires-

"the Law of 1990" means the Health Service (Benefit) (Guernsey) Law, 1990, as amended[b]; and

"the Schedule" means the schedule to this Law.

Transitional and saving provision in respect of persons entitled under section 3 of Law of 1990 prior to commencement of this Law.

3. A person who -

(a) immediately prior to the commencement of this Law, was entitled to benefit under section 3 of the Law of 1990; and

(b) but for the amendment to that section made by section 1 of this Law and paragraph 1 of the Schedule, would have continued to have been entitled to benefit under such section,

shall continue to be entitled to benefit after the commencement of this Law.

Citation.

4. This Law may be cited as the Health Service (Benefit) (Guernsey) (Amendment) Law, 2002.

Section 1

SCHEDULE

AMENDMENT OF THE LAW OF 1990

Amendment of section 3.

1. For section 3 of the Law of 1990 substitute -

"Persons entitled to benefit.

3. (1) Subject to the provisions of this Law, a person who -

(a) is ordinarily resident in Guernsey and is -

(i) an insured person; or

(ii) the child of an insured person; or

(b) falls within such other description, class or category of persons as regulations made under this paragraph may provide,

is entitled to benefit under this Law.

(2) For the purposes of this Law a child who is not ordinarily resident in Guernsey shall be deemed to be ordinarily resident in Guernsey where that child is a child of the family of a person who is ordinarily resident in Guernsey.

(3) For the purposes of this section an individual shall be treated -

(a) as a child, if he would or could be so treated for the purposes of the Family Allowances Law; and

(b) as a child of the family of a person, if -

(i) he is a child;

(ii) that person is not a child; and

(iii) he and that person would or could be treated as constituting a family for the purposes of the Family Allowances Law.".

Amendment of references to "residence and presence".

2. Wherever the phrase "residence and presence specified in section 3(1)" appears in the Law of 1990 substitute "entitlement to benefit specified in section 3(1)".

Amendment of section 39.

3. In section 39(1) of the Law of 1990 after the definition of ""health benefit card"" insert -

""insured person" means a person who is an insured person under the provisions of the Social Insurance Law;".

[a]	Resolution 1 and 10 of Billet d'État No. II of 2002.
[b]	Ordres en Conseil Vol. XXXII, p.192; Recueil d'Ordonnances Tome XXVI, p. 177.