Severe Disability Benefit and Carer's Allowance (Guernsey) Law, 2013

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PROJET DE LOI

ENTITLED

The Severe Disability Benefit and Carer's Allowance (Guernsey) Law, 2013

ARRANGEMENT OF SECTIONS

1. Amendment of titles.

2. Amendment of citation clauses.

3. Amendment of words and phrases.

4. Amendment of Law of 1984.

5. Interpretation.

6. Citation.

7. Commencement.

FIRST SCHEDULE: Titles of enactments.

SECOND SCHEDULE: Citation clauses.

PROJET DE LOI

ENTITLED

The Severe Disability Benefit and Carer's Allowance

(Guernsey) Law, 2013

THE STATES, in pursuance of their Resolution of the 26^th October, 2011[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, Alderney, Herm and Jethou.

Amendment of titles.

1. (1) For the titles set out in the second column of the First Schedule substitute the relevant title set out in the third column.

(2) For any reference in any enactment to a title set out in the second column of the First Schedule substitute the relevant title set out in the third column.

Amendment of citation clauses.

2. For the provisions of the enactments referred to in the second column of the Second Schedule substitute the relevant provision set out in the third column.

Amendment of words and phrases.

3. In any enactment other than this Law -

(a) for the words or phrases -

(i) "attendance allowance", substitute "severe disability benefit", and

(ii) "invalid care allowance", substitute "carer's allowance", and

(b) where those words or phrases are preceded by "an", delete "an".

Amendment of Law of 1984.

4. The Law of 1984 is amended as follows -

(a) in section 2 -

(i) for paragraph (b) of subsection (1), substitute -

"(b) he satisfies such conditions as may be specified by the Authority under subsection (7).", and

(ii) in subsection (6), delete ", as gainfully employed", and

(iii) immediately after subsection (6), insert the following subsection -

"(7) The Authority may, by written determination, specify such conditions relating to entitlement to carer's allowance, either generally or in relation to any specific case, as it deems reasonably necessary in order to ensure that any severely disabled person, for whom the person in receipt of carer's allowance is regularly and substantially engaged in caring, receives appropriate medical, or other professional, attention and care.", and

(b) in section 12(2) -

(i) delete "or" where it appears at the end of paragraph (b),

(ii) delete the full stop, and

(iii) immediately after paragraph (c), insert the following paragraph -

"(d) refer it to the Authority in order that the Authority may consider the exercise of its powers under subsection (7) of section 2.".

Interpretation.

5. (1) In this Law -

"enactment" means any Law, Ordinance or subordinate legislation,

"Law of 1984" means the Severe Disability Benefit and Carer's Allowance (Guernsey) Law, 1984 (formerly entitled the Attendance and Invalid Care Allowances (Guernsey) Law, 1984[b]), and

"subordinate legislation" means any regulation, rule, order, rule of court, resolution, scheme, byelaw or other instrument made under any enactment and having legislative effect.

(2) Any reference in this Law to an enactment is a reference thereto as from time to time amended, re-enacted (with or without modification), extended or applied.

(3) The Interpretation (Guernsey) Law, 1948[c] shall apply to the interpretation of this Law throughout the Islands of Guernsey, Alderney, Herm and Jethou.

Citation.

6. This Law may be cited as the Severe Disability Benefit and Carer's Allowance (Guernsey) Law, 2013.

Commencement.

7. This Law shall come into force on the day appointed by Ordinance of the States; and different dates may be appointed for different provisions and for different purposes.

FIRST SCHEDULE

Section 1

TITLES OF ENACTMENTS

table
	Original title	New title
1.	The Attendance and Invalid Care Allowances (Guernsey) Law, 1984	The Severe Disability Benefit and Carer's Allowance (Guernsey) Law, 1984
2.	The Attendance and Invalid Care Allowances (Amendment) (Guernsey) Law, 1986[d]	The Severe Disability Benefit and Carer's Allowance (Amendment) (Guernsey) Law, 1986
3.	The Attendance and Invalid Care Allowances (Amendment) (Guernsey) Law, 1991[e]	The Severe Disability Benefit and Carer's Allowance (Amendment) (Guernsey) Law, 1991
4.	The Attendance and Invalid Care Allowances (Amendment) (Guernsey) Law, 1993[f]	The Severe Disability Benefit and Carer's Allowance (Amendment) (Guernsey) Law, 1993
5.	The Attendance and Invalid Care Allowances (Guernsey) (Amendment) Law, 2002[g]	The Severe Disability Benefit and Carer's Allowance (Amendment) (Guernsey) Law, 2002
6.	The Attendance and Invalid Care Allowances (Guernsey) Law, 1984 (Commencement) Ordinance, 1985[h]	The Severe Disability Benefit and Carer's Allowance (Guernsey) Law, 1984 (Commencement) Ordinance, 1985
7.	The Attendance and Invalid Care Allowances (Guernsey) Ordinance, 1986[i]	The Severe Disability Benefit and Carer's Allowance (Guernsey) Ordinance, 1986
8.	The Attendance and Invalid Care Allowances (Appeals and References) (Guernsey) Order 1985[j]	The Severe Disability Benefit and Carer's Allowance (Appeals and References) (Guernsey) Order, 1985
9.	The Invalid Care Allowance (Guernsey) Regulations, 1986[k]	The Carer's Allowance (Guernsey) Regulations, 1986
10.	The Invalid Care Allowance (Amendment) Regulations, 1997[l]	The Carer's Allowance (Amendment) Regulations, 1997
11.	The Attendance Allowance (Duties of Appointees) Regulations, 2002[m]	The Severe Disability Benefit (Duties of Appointees) Regulations, 2002
12.	The Attendance Allowance (Guernsey) Regulations, 2003[n]	The Severe Disability Benefit (Guernsey) Regulations, 2003

SECOND SCHEDULE

Section 2

CITATION CLAUSES

table
	Original provision	New provision
1.	Section 27 of the Attendance and Invalid Care Allowances (Guernsey) Law, 1984.	"Citation. 27. This Law may be cited as the Severe Disability Benefit and Carer's Allowance (Guernsey) Law, 1984.".
2.	Section 2 of the Attendance and Invalid Care Allowances (Amendment) (Guernsey) Law, 1986.	"Citation. "2. This Law may be cited as the Severe Disability Benefit and Carer's Allowance (Amendment) (Guernsey) Law, 1986.".
3.	Section 3 of the Attendance and Invalid Care Allowances (Amendment) (Guernsey) Law, 1986.	"Collective title. "3. This Law and the principal Law may be cited as the Severe Disability Benefit and Carer's Allowance (Guernsey) Laws, 1984 and 1986.".
4.	Section 2 of the Attendance and Invalid Care Allowances (Amendment) (Guernsey) Law, 1991.	"Citation. "2. This Law may be cited as the Severe Disability Benefit and Carer's Allowance (Amendment) (Guernsey) Law, 1991.".
5.	Section 2 of the Attendance and Invalid Care Allowances (Amendment) (Guernsey) Law, 1993.	"Citation. "2. This Law may be cited as the Severe Disability Benefit and Carer's Allowance (Amendment) (Guernsey) Law, 1993.".
6.	Section 4 of the Attendance and Invalid Care Allowances (Guernsey) (Amendment) Law, 2002.	"Citation. "4. This Law may be cited as the Severe Disability Benefit and Carer's Allowance (Amendment) (Guernsey) Law, 2002.".
7.	Section 3 of the Attendance and Invalid Care Allowances (Guernsey) Law, 1984 (Commencement) Ordinance, 1985.	"Citation. "3. This Ordinance may be cited as the Severe Disability Benefit and Carer's Allowance (Guernsey) Law, 1984 (Commencement) Ordinance, 1985.".
8.	Section 8 of the Attendance and Invalid Care Allowances (Guernsey) Ordinance, 1986.	"Citation. "8. This Ordinance may be cited as the Severe Disability Benefit and Carer's Allowance (Guernsey) Ordinance, 1986.".
9.	Paragraph 16 of the Attendance and Invalid Care Allowances (Appeals and References) (Guernsey) Order 1985.	"Citation. "16. This Order may be cited as the Severe Disability Benefit and Carer's Allowance (Appeals and References) (Guernsey) Order, 1985.".
10.	Regulation 19 of the Invalid Care Allowance (Guernsey) Regulations, 1986.	"Citation. "19. These Regulations may be cited as the Carer's Allowance (Guernsey) Regulations, 1986.".
11.	Regulation 3 of the Invalid Care Allowance (Amendment) Regulations, 1997.	"Citation. "3. These Regulations may be cited as the Carer's Allowance (Amendment) Regulations, 1997.".
12.	Regulation 9 of the Attendance Allowance (Duties of Appointees) Regulations, 2002.	Citation. "9. These Regulations may be cited as the Severe Disability Benefit (Duties of Appointees) Regulations, 2002.".
13.	Regulation 26 of the Attendance Allowance (Guernsey) Regulations, 2003.	Citation. "26. These Regulations may be cited as the Severe Disability Benefit (Guernsey) Regulations, 2003.".

table
[a]	Article X of Billet d'État No. XVII of 2011.
[b]	Ordres en Conseil Vol. XXVIII, p. 353; Vol. XXXI, p. 278; Vol. XXXIII, p. 238; Vol. XXXIV, p. 458 and Vol. XLIII (1), p. 261; Recueil d'Ordonnaces Tome XXVI, p. 177; Tome XXIX, p. 406 and Tome XXXIII, p. 472 and G.S.I. No. 43 of 2003.
[c]	Ordres en Conseil Vol. XIII, p. 355.
[d]	Ordres en Conseil Vol. XXVIII, p. 353.
[e]	Ordres en Conseil Vol. XXXIII, p. 238.
[f]	Ordres en Conseil Vol. XXXIV, p. 458.
[g]	Ordres en Conseil Vol. XLIII (1), p. 261.
[h]	Recueil d'Ordonnances Tome XXIII, p. 311.
[i]	Recueil d'Ordonnances Tome XXIII, p. 443.
[j]	Orders of the Royal Court No. III of 1985.
[k]	G.S.I. No. 2 of 1986.
[l]	G.S.I. No. 2 of 1997.
[m]	G.S.I. No. 3 of 2002.
[n]	G.S.I. No. 43 of 2003.