Social Insurance (Rates of Contributions and Benefits, etc.) Ordinance, 2003

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The Social Insurance (Rates of Contributions and Benefits, etc.) Ordinance, 2003

THE STATES, in pursuance of their Resolution of the 24^th day of September, 2003[a] and in exercise of the powers conferred upon them by sections 5, 6, 8, 17(2), 19, 48(2), 49(4), 50(1), 57, 60, 61, 62, 101 and 101A of the Social Insurance (Guernsey) Law, 1978, as amended[b] and all other powers enabling them, hereby order:-

Percentage rates of primary and secondary Class 1 contributions.

1. For the purposes of the Law -

(a) the percentage rate of a primary Class 1 contribution shall be 6.0%; and

(b) the percentage rate of a secondary Class 1 contribution shall be 5.5%.

Upper weekly and upper monthly earnings limits.

2. For the purposes of the Law, the upper weekly earnings limit shall be £621 and the upper monthly earnings limit shall be £2,691.

Lower annual income limit.

3. For the purposes of the Law, the lower annual income limit shall be £11,310.

Percentage rates of Class 2 contributions.

4. For the purposes of the Law, the percentage rates of a Class 2 contribution shall be -

(a) in respect of any person other than a person to whom the following paragraph of this section applies, 10.5%;

(b) in respect of an overseas voluntary contributor, being a person who is not resident in Guernsey and who, satisfying prescribed conditions, is desirous of paying Class 2 contributions under the Law, 6.3%.

Percentage rates of Class 3 contributions.

5. (1) For the purposes of the Law, the percentage rates of a Class 3 contribution shall be -

(a) in respect of a voluntary contributor, being a person who is not liable to pay a Class 3 contribution, but, satisfying prescribed conditions, is desirous of paying contributions in accordance with section 8(2) or (4) of the Law, 5.7%;

(b) in respect of a person who has attained pensionable age, 2.6%;

(c) in respect of a person who, having attained the age of 60 years, has elected not to be liable to pay a social insurance contribution, 4.2%; and

(d) in respect of all other persons, 9.9%.

(2) The percentage of a minimum Class 3 contribution payable in accordance with section 8(5) of the Law by a person who is normally in employed contributor's employment shall be 100%.

Rates and amounts of benefits.

6. (1) For the purposes of the Law, the weekly rate of each description of benefit set out in column 1 of Part I of the first schedule to this Ordinance shall be the rate specified in relation thereto in column 2, and the amounts by which that rate may be increased in respect of a child or children or an adult dependant, as the case may be, shall be the appropriate amounts specified in columns 3 and 4.

(2) For the purposes of the Law, where the extent of the disablement is assessed for the period to be taken into account as amounting to 20% or more, industrial disablement benefit shall be payable for that period at the appropriate weekly rate specified in Part II of the first schedule to this Ordinance.

(3) For the purposes of the Law, the amounts of death grant, maternity grant and survivor's grant shall be the appropriate amounts specified in relation thereto in Part III of the first schedule to this Ordinance.

Variation of provisions of the Law as to the States' grant.

7. In section 17(1) of the Law, for "fifty-seven per centum" substitute "fifty per centum".

Guernsey Health Service Fund Allocation and Long-term Care Insurance Fund Allocation.

8. The percentages determined in respect of the contribution year for the purposes of sections 101 (the Guernsey Health Service Fund Allocation) and 101A (the Long-term Care Insurance Fund Allocation) of the Law are those specified in columns 2 and 3 of the second schedule to this Ordinance of the aggregate amount paid in respect of each of the classes of contribution specified in column 1 of that schedule.

Amendment of descriptions of benefit.

9. Upon the coming into force of the Social Insurance (Guernsey) (Amendment) Law, 2003[c] -

(a) section 5(2) shall have effect as if for the word "minimum" there were substituted the word "voluntary";

(b) paragraph 8 of Part I of the first schedule to this Ordinance shall have effect as if for the phrase "Widow's pension" there were substituted the phrase "Bereavement allowance"; and

(c) section 6(3) and paragraph 3 of Part III of the first schedule to this Ordinance shall have effect as if for the phrase "Survivor's grant" there were substituted the phrase "Bereavement payment".

Interpretation.

10. (1) In this Ordinance, except where the context otherwise requires, "the Law" means the Social Insurance (Guernsey) Law, 1978.

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

(3) 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.

Repeal.

11. (1) Sections 1 to 5 and 7 to 11 of and the second schedule to the Social Insurance (Rates of Contributions and Benefits, etc.) Ordinance, 2002[e] are repealed with effect upon the coming into force of this section, namely, the 1^st day of January, 2004.

(2) Section 6 of and the first schedule to the Social Insurance (Rates of Contributions and Benefits, etc.) Ordinance, 2002 are repealed upon the coming into force of section 6 of this Ordinance, namely, the 5^th day of January 2004.

Extent.

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

Citation.

13. This Ordinance may be cited as the Social Insurance (Rates of Contributions and Benefits, etc.), Ordinance, 2003.

Commencement.

14. (1) Sections 1 to 5 and 7 to 14 of and the second Schedule to this Ordinance shall come into force on the 1^st day of January, 2004.

(2) Section 6 of and the first Schedule to this Ordinance shall come into force on the 5^th day of January, 2004.

Section 6

FIRST SCHEDULE

RATES AND AMOUNTS OF BENEFITS

PART I

Benefit, other than industrial disablement benefit, death grant,

maternity grant and survivor's grant

Description of Benefit (1)	Weekly rate (2)	Increase for child (where payable) (3)	Increase for adult dependant (where payable) (4)
1. Industrial injury benefit	£99.00	Nil	Nil
2. Invalidity benefit	£120.00	Nil	Nil
3. Maternity allowance	£99.00	-	-
4. Old age pension:
(a) payable to a woman by virtue of her husband's insurance while he is alive	£70.00	-	-
(b) in any other case	£130.00	Nil	£70.00
5. Sickness benefit	£99.00	Nil	Nil
6. Unemployment benefit	£99.00	Nil	Nil
7. Widowed parent's allowance	£141.25	Nil	-
8. Widow's pension	£121.25	-	-

PART II

Industrial disablement benefit

Degree of disablement

Weekly rate

100%

90%

80%

70%

60%

50%

40%

30%

20%

£108.00

£97.20

£86.40

£75.60

£64.80

£54.00

£43.20

£32.40

£21.60

PART III

Death grant, maternity grant and survivor's grant

Description of grant

Amount

1. Death grant

2. Maternity grant

3. Survivor's grant

£385

£248

£1,220

Section 7

SECOND SCHEDULE

GUERNSEY HEALTH SERVICE FUND ALLOCATION AND LONG-TERM CARE INSURANCE FUND ALLOCATION

Class and sub-class of contribution	Health Service Fund Allocation	Long-term Care Insurance Fund Allocation
Class 1 primary and secondary contributions paid in respect of employed persons of pensionable age	25.45%	Nil
Class 1 primary and secondary contributions other than those referred to above	24.35%	12.17%
Class 2 contributions paid in respect of overseas voluntary contributors (6.3%)	Nil	Nil
Class 2 contributions other than those referred to above (10.5%)	26.67%	13.33%
Class 3 contributions paid in respect of voluntary contributors (5.7%)	Nil	Nil
Class 3 contributions paid by persons over the age of 65 years (2.6%)	46.15%	53.85%
Class 3 contributions paid by a person over the age of 60 years who have elected not to pay social insurance contributions (4.2%)	66.67%	33.33%
Class 3 contributions other than those referred to above (9.9%)	28.28%	14.14%

[a]	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; 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. Ordinance No. XIV of 1993 (Tome XXVI, p. 177).
[c]	Approved by the States of Deliberation on the 31^st July 2003.
[d]	Ordres en Conseil Vol. XIII, p. 355.
[e]	Ordinance No. XVII of 2002.