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• Supplementary Benefit (Implementation) (Amendment) Ordinance, 2007

Supplementary Benefit (Implementation) (Amendment) Ordinance, 2007

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The Supplementary Benefit (Implementation) (Amendment) Ordinance, 2007

THE STATES, in pursuance of their Resolutions of the 28^th September, 2006[a] and 28^th September 200[b], and in exercise of the powers conferred on them by sections 3(2) and 15 of the Supplementary Benefit (Guernsey) Law, 1971[c], and all other powers enabling them, hereby order:-

Amendment of Supplementary Benefit (Implementation) Ordinance 1971.

1.      (1)      The Supplementary Benefit (Implementation) Ordinance, 1971[d] is amended in accordance with the following subsections.

(2)      For section 6(1) substitute -

"(1)      The Administrator may, by notice in writing served on an applicant, require him to provide, or produce to, the Administrator -

(a)      at such times or intervals, at such place and in respect of such periods as may be specified in the notice, with such information as the Administrator may reasonably require for the performance of his functions, and

(b)      within such time and at such place as may be specified in the notice, such documents or documents of such description as may be so specified, being documents reasonably required by the Administrator for the performance of his functions,

and the applicant shall comply with the requirements of any such notice.".

(3)      For the full stop at the end of paragraph 3(2)(c)(ii) of the First Schedule substitute a semi-colon and immediately thereafter insert -

"(d)      of a person whose requirements are in accordance with paragraph 7A shall be the amount specified in the fifth column of Table 1.".

(4)      Paragraph 3(3)(b) of the First Schedule is repealed.

(5)      For paragraph 5(2) of the First Schedule, substitute -

"(2)      The requirements of persons to whom a supplementary benefit has been payable for a continuous period of 6 months or more shall be, in respect of the description of persons set out in the first column of Table 3 -

(a)      the amount specified in the second column of Table 3, or

(b)      where those persons qualify for supplementary benefit by virtue of section 2(1)(j) of the Law -

(i)      the amount specified in the second column of Table 2, or

(ii)      where the Administrator considers it just in the circumstances of the particular case, the amount specified in the second column of Table 3.".

(6)      Immediately after paragraph 7 of the First Schedule, insert -

"Persons in a hospital or care home in the UK.

7A.      The requirements of a person who, following referral by the States of Guernsey Health and Social Services Department, is residing in a hospital, care home or other institution in the United Kingdom, shall be a personal allowance of the amount specified in the fifth column of Table 1.".

(7)      Delete the comma at the end of paragraph 12(b) of the First Schedule and immediately thereafter insert -

"; or

(c)      any sum payable under a whole life insurance policy upon the death of the policy holder where, in the Administrator's opinion, the value of the policy is commensurate with the cost of a funeral,".

(8)      In paragraph 15(1) of the First Schedule, the words "and any amount by which those weekly earnings exceed a multiple of five pence shall be disregarded" are repealed.

(9)       For the numbered Tables set out in the appendix to the First Schedule, substitute the numbered Tables set out in the schedule to this Ordinance.

Interpretation.

2.      (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[e] shall apply to the interpretation of this Ordinance throughout the Islands of Guernsey, Alderney, Herm and Jethou.

Repeal.

3.      The Supplementary Benefit (Implementation) (Amendment) Ordinance, 2006[f] is repealed.

Citation.

4.      This Ordinance may be cited as the Supplementary Benefit (Implementation) (Amendment) Ordinance, 2007.

Extent.

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

Commencement.

6.      This Ordinance shall come into force on 11^th January, 2008.

Section 1(9)

SCHEDULE

"Table 1        (Paragraph 3)

Limitation of weekly benefit payable as from the week commencing 11 January 2008

Table 2                    (Paragraph 5(1))

Short-term Weekly Requirements as from week commencing 11 January 2008

Table 3                  (Paragraph 5(2))

Long-term Weekly Requirements as from week commencing 11 January 2008

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