Social Insurance (Guernsey) (Amendment) Law, 2004

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PROJET DE LOI

ENTITLED

The Social Insurance (Guernsey) (Amendment) Law, 2004

THE STATES, in pursuance of their Resolutions of the 24^th September 2003[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 to Arrangement of Sections.

1. In the Arrangement of Sections immediately following the reference to section 39 ("Partial satisfaction of contribution conditions"), insert -

"Work rehabilitation

39A. Work rehabilitation for persons entitled to benefit under this Part.".

Amendment of Law of 1978.

2. Immediately following section 39 of the Law of 1978 insert -

"Work rehabilitation

Work rehabilitation for persons entitled to benefit under this Part.

39A. (1) The Authority may, at the cost of the Guernsey Insurance Fund, make arrangements for securing that persons entitled to benefit under this Part of this Law may take advantage of -

(a) vocational training;

(b) industrial rehabilitation courses;

(d) such other opportunities, having as their object the provision of skills and other matters designed to facilitate a return to employment or other gainful occupation, as the Authority sees fit.

(2) Regulations may prescribe all necessary matters in relation to arrangements under subsection (1) including, without limiting the generality of the foregoing, the deeming of continued incapacity or unemployment for persons taking advantage of such arrangements for such period or periods as may be prescribed;

(3) The Authority may make grants to such persons, subject to such exceptions, conditions and other matters as it may determine or regulations may prescribe -

(a) as a general incentive to participate in arrangements under subsection (1); or

(b) for the provision of tools, equipment, transport or other items required in order to facilitate a return to employment or other gainful occupation.

(4) The cost of any arrangement or grant made under or by virtue of this section shall, in cases of fraud, misrepresentation or other wilful misconduct by the beneficiary of any such arrangement or grant, be recoverable from the beneficiary -

(a) as a civil debt; or

(b) by way of deduction from any benefit payable under or by virtue of -

(i) this Law; or

(ii) any other Law, under or by virtue of which, a benefit or payment, administered by the Authority is made or available."

Interpretation.

3. (1) In this Law -

"Arrangement of Sections" means the arrangement of sections to the Law of 1978; and

"the Law of 1978" means the Social Insurance (Guernsey) Law, 1978 as amended[b].

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

Citation.

4. This Law may be cited as the Social Insurance (Guernsey) (Amendment) Law, 2004.

Commencement.

5. This Law shall come into force on the Monday next following its registration on the Records of the Island of Guernsey.

[a]	Resolution 9 on Article XVI of Billet d'État No. XXI of 2003.
[b]	Ordres en Conseil Vol. XXVI, p. 292; Vol. XXVII, pp. 238, 307 and 392; Vol. XXIX, pp. 24, 148 and 422; No. V of 1990; Nos. V and XII of 1993; Ordinance No. XIV of 1993; Ordres en Conseil No. V of 1994, Nos. VI and XIII of 1995; No. I of 1998; No. VI of 1999; No. X of 2000; No. IX of 2001; No XXIV of 2003.
[c]	Ordres en Conseil Vol. XIII, p. 355.