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• Supplementary Benefit (Implementation) (Amendment) Ordinance, 2005

Supplementary Benefit (Implementation) (Amendment) Ordinance, 2005

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The Supplementary Benefit (Implementation) (Amendment) 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 sections 3 and 15 of the Supplementary Benefit (Guernsey) Law, 1971, as amended[b], and all other powers enabling them, hereby order:-

Amendment of Ordinance.

1.      Immediately after section 24 of the Supplementary Benefit (Implementation) Ordinance, 1971, as amended[c], insert -

"Suspension or reduction of a payment of a supplementary benefit in respect of a person actively seeking employment.

24A.      (1)      The following provisions of this section apply in respect of an applicant (referred to hereinafter as a "relevant applicant") to whom the Law applies, because he is a person of a class described in section 1(1)(j) of the Supplementary Benefit (Classes of persons to whom the Law applies) Ordinance, 2005.

(2)      The Administrator may -

(a)      suspend the payment of a supplementary benefit to a relevant applicant, for such period not exceeding ten weeks,

(b)      reduce the amount of a supplementary benefit payable to a relevant applicant, by such amount and for such period as the Administrator may determine, or

(c)      both suspend and reduce the payment and amount of a supplementary benefit payable to a relevant applicant,

in any of the circumstances described in subsection (3).

(3)      The circumstances for the purposes of subsection (2) are -

(a)      that the relevant applicant has -

(i)      lost his employment through his misconduct, or

(ii)      voluntarily left his employment without just cause,

(b)      that after a situation in any suitable employment has been notified to him as vacant or about to become vacant, he has -

(i)      without good cause refused or failed to apply for that situation, or

(ii)      refused to accept that situation when offered to him,

(c)      that he has neglected to avail himself of a reasonable opportunity of suitable employment,

(d)      that he has without good cause refused or failed to carry out any recommendations given to him in writing by an officer of, or other person acting on behalf of, the Department with a view to assisting him to find suitable employment, being recommendations which were reasonable having regard to his circumstances, or

(e)      that he has without good cause refused or failed to avail himself of a reasonable opportunity of receiving training approved by the Administrator in his case for the purpose of becoming or keeping fit for entry into, or return to, regular employment: provided always that employment shall not be deemed to be employment suitable in the case of any person if it is employment in a situation vacant in consequence of a stoppage of work due to a trade dispute.

(4)      In addition, or as an alternative, to the exercise of his powers under subsection (2), the Administrator may -

(a)      reduce the amount of a supplementary benefit payable to a relevant applicant who has lost his employment by reason of a stoppage of work due to a trade dispute at his place of employment, for such period as the Administrator may determine, but in so doing the Administrator may continue to take into account the needs of the dependants of that applicant, or

(b)      in the particular circumstances of any relevant applicant -

(i)      impose such reasonable conditions concerning the payment, or the amount, of a supplementary benefit payable to that applicant, as may seem to the Administrator to be warranted by those circumstances, where it appears to him reasonably necessary for the purpose of preventing inequality or injustice to the general body of employed persons, and

(ii)      on the breach whereof, he may suspend or reduce the payment or amount of a supplementary benefit for such period, not exceeding ten weeks, as he may determine."

Extent.

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

Citation.

3.      This Ordinance may be cited as the Supplementary Benefit (Implementation) (Amendment) Ordinance, 2005.

Commencement.

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

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