Supplementary Benefit (Implementation) (Amendment) (No. 2) Ordinance, 2012

To access the legislation in printable format, please click the "view printable version" button.

The Supplementary Benefit (Implementation) (Amendment) (No. 2) Ordinance, 2012

THE STATES, in pursuance of their Resolution of the 1^st November, 2012[a], and in exercise of the powers conferred on them by sections 3(2) and 15 of the Supplementary Benefit (Guernsey) Law, 1971 as amended[b] and all other powers enabling them in that behalf, hereby order:-

Amendment of Supplementary Benefit (Implementation) Ordinance, 1971.

1. In section 26(1) of the Supplementary Benefit (Implementation) Ordinance, 1971[c] immediately after the definition of "residential home", insert -

""shared accommodation" means a dwelling where the householder does not enjoy the exclusive occupation of, or right to use, any bathroom, kitchen or washing facilities which are associated with the dwelling in question;".

2. In the First Schedule to the Supplementary Benefit (Implementation) Ordinance, 1971 -

(a) in paragraph 6(1) for "The", where it appears at the beginning, substitute "Subject to subparagraph (3), the",

(b) immediately after paragraph 6(2), substitute the following subparagraphs -

"(3) The amount of any increase under this paragraph shall not, in respect of -

(a) a single person or couple with no dependent children, or

(b) any person living in shared accommodation,

exceed the maximum amount of rent for a person falling within those categories, or descriptions, of persons as determined under subparagraph (4).

(4) The amount for the purposes of subparagraph (3) shall be -

(a) such amount as may be determined from time to time by -

(i) the Guernsey Housing Association, or

(ii) the States of Guernsey Housing Department,

as the case may be, or

(b) such other amount as the Administrator may, if he considers it just in the circumstances of the particular case, determine.", and

(c) for the numbered Tables set out in the appendix, substitute the numbered Tables set out in the Schedule to this Ordinance.

Interpretation.

3. (1) Unless the context otherwise requires, references in this Ordinance to an enactment are references thereto as amended, re-enacted (with or without modification), extended or applied.

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

Repeal.

4. The Supplementary Benefit (Implementation) (Amendment) Ordinance, 2011[e] is repealed.

Citation.

5. This Ordinance may be cited as the Supplementary Benefit (Implementation) (Amendment) (No. 2) Ordinance, 2012.

Extent.

6. This Ordinance shall have effect in the Islands of Guernsey, Alderney, Herm and Jethou.

Commencement.

7. This Ordinance shall come into force on the 4^th January, 2013.

Section 1

SCHEDULE

"Table 1 (Paragraph 3)

Limitation of weekly benefit payable as from the week commencing 4^th January 2013

table
Community	Residential Home	Nursing Home, etc	Personal Allowance	UK Personal Allowance
£500.00	£501.00	£720.00	£28.70	£48.34

Table 2 (Paragraph 5(1))

Short-term Weekly Requirements as from week commencing

4^th January 2013

table
Description	Amount
Husband and wife or other persons falling within paragraph 2(1) ("Couple")	£191.31
Person not falling within paragraph 2(1) who is directly responsible for household necessities and rent (if any) ("Single householder")	£132.86
Person who is not a householder ("Non-householder") -
Aged 18 years or over;	£101.15
Aged 16 years but less than 18;	£68.81
Member of a household -
Aged 18 years or over;	£101.15
Aged 16 years but less than 18;	£85.89
Aged 12 years but less than 16;	£53.20
Aged 5 years but less than 12;	£38.64
Aged less than 5 years	£28.14

Table 3 (Paragraph 5(2))

Long-term Weekly Requirements as from week commencing

4^th January 2013

table
Description	Amount
Husband and wife or other persons falling within paragraph 2(1) ("Couple")	£236.04
Person not falling within paragraph 2(1) who is directly responsible for household necessities and rent (if any) ("Single householder")	£163.31
Person who is not a householder ("Non-householder") -
Aged 18 years or over;	£126.77
Aged 16 years but less than 18;	£68.81
Member of a household -
Aged 18 years or over;	£126.77
Aged 16 years but less than 18;	£107.38
Aged 12 years but less than 16;	£66.43
Aged 5 years but less than 12;	£48.16
Aged less than 5 years	£35.49"

table
[a]	Article IV of Billet d'État No. XXI of 2012.
[b]	Ordres en Conseil Vol. XXIII, p. 26; Vol. XXVI, p. 292; Vol. XXXI, p. 278 and Vol. XXXIX, p. 107; has effect in Alderney by Recueil d'Ordonnances Tome XVII, p. 168; Tome XXIV, p. 468 and Tome XXVI, pp. 177 and 317 and as varied by Tome XXX, p. 25; Tome XXXIII, p. 610 and Ordinance No. VII of 2010.
[c]	Recueil d'Ordonnances Tome XVII, pp. 139 and 179; Tome XVIII, pp. 119 and 126; Tome XIX, pp. 23, 106, 216 and 280; Tome XX, pp. 81, 158, 359 and 392; Tome XXI, pp. 44, 72, 156, 283 and 452; Tome XXII, pp. 60, 185 and 537; Tome XXIII, pp. 48, 277, 314 and 453; Tome XXIV, pp. 88, 471 and 495; Tome XXV, pp. 49, 168 and 338; Tome XXVI, pp. 75, 194, 319, and 458; Tome XXVII, pp. 127 and 379; Tome XXVIII, pp. 168, 228, 255, 303, 341, 429 and 537; Tome XXIX, pp. 185, 299, 378 and 550; Tome XXX, pp. 30 and 520; Tome XXXI, p. 652; Tome XXXII, p. 640 and Tome XXXIII, pp. 233 and 644; Ordinance No. XLVI of 2010 and No. XLI of 2011 and the Supplementary Benefit (Implementation) (Amendment) Ordinance, 2012 approved by the States of Deliberation on the 27^th June, 2012.
[d]	Ordres en Conseil Vol. XIII, p.355.
[e]	Ordinance No. XLI of 2011.