Supplementary Benefit (Classes of persons to whom the Law applies) Ordinance, 2005

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Please note that this Ordinance has been repealed by Ordinance No. XXXIX of 2009 - Supplementary Benefit (Classes of persons to whom the Law applies) Ordinance, 2009.

The Supplementary Benefit (Classes of persons to whom the Law applies) Ordinance, 2005

THE STATES, in pursuance of their Resolution of the 27^th April, 2005[a], and in exercise of the powers conferred on them by section 2(3) of the Supplementary Benefit (Guernsey) Law, 1971, as amended[b], section 1 of the Alderney (Application of Legislation) Law, 1948, as amended[c] and all other powers enabling them in that behalf, hereby order:-

Variation of the classes of persons to whom the Law applies.

1. (1) The classes of persons specified in section 2(1) of the Law are varied such that the Law shall apply to a person who is ordinarily resident in Guernsey and is -

(a) a handicapped person,

(b) a person who has attained school-leaving age and who is incapacitated by illness or injury,

(d) a person over school-leaving age who is incapable of supporting himself and is likely to remain so incapable for a prolonged period,

(e) a person who has attained school-leaving age and who is wholly or partly maintaining a child, being a member of the same household, other than a person who is living with his spouse or cohabitee,

(f) a woman who is pregnant, other than such a woman who is living with her husband or cohabitee,

(g) a person who has attained school-leaving age, and who is wholly or partly maintaining a child, being a member of the same household, during such time as that person is temporarily not living with his spouse or cohabiting with his cohabitee by reason of that spouse's or cohabitee's detention in legal custody,

(h) a person who has ceased employment to care for children, being members of the same household, due to his spouse or cohabitee being an in-patient in a hospital or similar institution,

(i) a person who has ceased employment to care for a member of the same household, being -

(i) his spouse or cohabitee,

(ii) his son or daughter over school-leaving age, or

(iii) his parent,

as a result of the incapacity of that spouse or cohabitee, son or daughter or parent,

(j) a person who is actively seeking employment.

(2) For the purposes of subsection (1) -

"cohabitee" means a person who is living with a person to whom he is not married, in a relationship which is, or is deemed by the Administrator to be, equivalent to the relationship of husband and wife and irrespective of whether or not the person is of the same or the opposite sex,

"pensionable age" has the same meaning as the expression has for the purposes of the Social Insurance (Guernsey) Law, 1978, as amended[d], and

"Guernsey" shall have the same meaning as it does for the purposes of the Law, as the Law has effect in the Island of Alderney under the Alderney (Application of Legislation) (Supplementary Benefit) Ordinance, 1971, as amended[e].

Interpretation.

2. (1) In this Ordinance the expression "the Law" means the Supplementary Benefit (Guernsey) Law, 1971, and any other expressions have the same meaning as in, and for the purposes of, the Law.

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

Repeals.

3. The following Ordinances are repealed -

(a) the Supplementary Benefit (Classes of persons to whom the Law applies) Ordinance, 1988[f],

(b) the Alderney (Application of Legislation) (Supplementary Benefit) (Classes of persons to whom the Law applies) Ordinance, 1988[g],

(d) the Alderney (Application of Legislation) (Supplementary Benefit) (Classes of Persons to whom the Law applies) Ordinance, 1994[i].

Extent.

4. This Ordinance shall have effect in the Island of Alderney as it has effect in the Islands of Guernsey, Herm and Jethou.

Citation.

5. This Ordinance may be cited as the Supplementary Benefit (Classes of persons to whom the Law applies) Ordinance, 2005.

Commencement.

6. This Ordinance shall come into force on the 30^th June, 2005.

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[a]	Article VIII of Billet d'État No. IV of 2005.
[b]	Ordres en Conseil Vol. XXIII, p. 26; amended by Vol. XXVI, p. 292; Vol. XXXI, p. 278 and Order in Council No. VI of 1999; has effect in Alderney by Recueil d'Ordonnances Tome XVII, p. 168; Recueil d'Ordonnances Tome XXIV, p. 468 and Tome XXVI, pp. 177 and 317.
[c]	Ordres en Conseil Vol. XIII, p. 448; Vol. XVI, pp. 124 and 126; Vol. XXIV, p. 120; Vol. XXIX, p. 299; Vol. XXX, p. 224 and Orders in Council No. XVI of 1997.
[d]	Ordres en Conseil Vol. XXVI, p. 292; Vol. XXVII, pp. 238, 307 and 392; Vol. XXIX, pp. 24, 148 and 422; Vol. XXXII, p. 59; No. XII of 1993; No. V of 1994; No.'s VI and XIII of 1995; No. VI of 1999; No. X of 2000; No. IX of 2001; No XXIV of 2003; No. XI of 2004; and Ordinance No. XIV of 1993 (Tome XXVI, p. 177).
[e]	Recueil d'Ordonnances Tome XVII, p. 168; and Tome XXVI, p. 462.
[f]	Recueil d'Ordonnances Tome XXIV, p. 468.
[g]	Recueil d'Ordonnances Tome XXIV, p. 470.
[h]	Recueil d'Ordonnances Tome XXVI, p. 317.
[i]	Recueil d'Ordonnances Tome XXVI, p. 318.