A LAW to amend the Insular Insurance (Jersey) Law, 1950, sanctioned by Order of Her Majesty in Council of the

Transcription

1 1 INSULAR INSURANCE (AMENDMENT No. 8) (JERSEY) LAW, A LAW to amend the Insular Insurance (Jersey) Law, 1950, sanctioned by Order of Her Majesty in Council of the 2nd day of AUGUST, (Registered on the 19th day of August, 1961). STATES OF JERSEY. The 1st day of June, THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law : - ARTICLE 1 (1) For paragraph (1) of Article 12 of the Insular Insurance (Jersey) Law, 1950, 1 as amended, 2 (hereinafter referred to as the principal Law ) there shall be substituted the following paragraph (1) Benefit shall be of the following descriptions (a) sickness benefit ; (b) maternity benefit, which shall include maternity grant and home confinement grant ; 1 2 Tome , page 516. Tome , pages 131, 293 and 737, Tome , pages 191 and 487, Tome , page 321 and page 25 of this volume.

2 2 (c) (d) accident benefit, which shall include injury benefit and disablement benefit ; widow s benefit, which shall include widow s allowance, widowed mother s allowance and widow s pension ; (e) guardian s allowance ; (f) (g) retirement pension; death grant. (2) For sub-paragraph (a) of paragraph (2) of the said Article 12 3 there shall be substituted the following sub-paragraph (a) the weekly rates of the several descriptions of benefit (with the exception of disablement benefit, maternity grant, home confinement grant and death grant) shall be as set out in the second column of Part I of the Second Schedule to this Law and the amount of the said grants shall be as set out in the second column of Part II of that Schedule;. ARTICLE 2 After Article 19 of the principal Law 4 there shall be inserted the following Articles Maternity benefit 3 4 Tome , page 516. Tome , page 528.

3 3 ARTICLE 19A MATERNITY GRANT (1) Subject to the provisions of this Law, a woman shall be entitled to a maternity grant if (a) she has been confined ; and (b) she or her husband satisfies the relevant contribution conditions. (2) Except where provision is otherwise made by order, a woman shall not be entitled to a maternity grant in respect of a confinement, if on the date of the confinement she is outside the Island. (3) Provision may be made by order that, if a woman is confined of more than one living child, she shall be entitled, subject to her satisfying the other conditions for the receipt of a maternity grant, to a maternity grant in respect of each such child. (4) Provision may be made by order that the provisions of this Article shall apply to a woman, in a case where her claim indicates that she so desires, with the substitution, for the condition that she has been confined, of the condition that she is pregnant and has reached a stage in her pregnancy which is not more than the prescribed number of contribution weeks before that in which it is to be expected that she will be confined, and any such order may modify the contribution conditions for a maternity grant in their application to such a case. (5) Subject to the provisions of paragraph (3) of this Article, a woman shall not be entitled to more than one maternity grant in respect of any one confinement.

4 4 (6) In this Article, husband includes a widow s late husband, where the benefit is claimed in respect of a posthumous son or daughter of his. ARTICLE 19B HOME CONFINEMENT GRANT (1) Subject to the provisions of this Law, a woman shall be entitled to a home confinement grant if (a) she has been confined ; (b) (c) her confinement did not take place in a hospital or a part of a hospital under the administration of the Public Health Committee in which care and maintenance is provided free of charge to the patients, or in the course of transit to such a hospital or part of a hospital ; and she has claimed a maternity grant in respect of the confinement in question (whether the claim was made after or in expectation of the confinement) and her claim has been allowed. (2) A woman shall not be entitled to a home confinement grant in respect of a confinement taking place outside the Island. (3) For the purposes of this Article, a woman s confinement shall be deemed to take place at the time when her labour results in the issue of a child, or, if she is confined of more than one child, at the time when her labour results in the issue of the first of them.

5 5 ARTICLE 19C SUPPLEMENTARY PROVISIONS AS TO MATERNITY BENEFIT For the purposes of the provisions of this Law relating to maternity benefit (a) the expression confinement means labour resulting in the issue of a living child, or labour after twenty-eight weeks of pregnancy resulting in the issue of a child, whether alive or dead, and the expression confined shall be construed accordingly ; (b) references to the date of the confinement shall be taken as referring, where labour begun on one day results in the issue of a child on another day, to the date of the issue of the child or, if the woman is confined of more than one child, to the date of the issue of the last of them. ARTICLE 3 (1) For paragraph (4) of Article 23 of the principal Law 5 there shall be substituted the following paragraph (4) Subject to the provisions of paragraph (5) of this Article, the weekly rate of a retirement pension shall be increased, for every twenty-five contributions as an employed or self employed person paid by the beneficiary in respect of the period after his attaining pensionable age, by an amount calculated in accordance with the scale set out in Part I of the Sixth Schedule to this Law. (2) At the end of sub-paragraph (b) of paragraph (3) of Article 24 of the principal Law 6 there shall be inserted the word and 5 Tome , page 534.

6 6 and after the said sub-paragraph (b) there shall be inserted the following sub-paragraph (c) the reference in that paragraph to Part I of the Sixth Schedule to this Law shall be construed as a reference to Part II of the said Schedule as respects any period during which he is alive ; (3) There shall be inserted as the Sixth Schedule to the principal Law the Schedule set out in Schedule B to this Law. ARTICLE 4 After Article 24 of the principal Law 6 there shall be inserted the following Article Death grant ARTICLE 24A DEATH GRANT (1) Subject to the provisions of this Law, a death grant shall be payable in respect of the death of any person (hereafter in this Article referred to as the deceased ) if the deceased either himself satisfied the relevant contribution conditions, or was at death the husband, wife, widower, widow, or a child of the family, of a person satisfying the said conditions, or a child who (a) (b) had, immediately before the death of some other person satisfying the said conditions, been a child of the family of that other person ; or was a posthumous son or daughter of a man satisfying the said conditions. 6 Tome , page 535.

7 7 (2) With respect to cases where the deceased was at death a child but the requirements of paragraph (1) of this Article are not satisfied, provision may be made by order for a death grant to be payable if the relevant contribution conditions were satisfied by such other person as may be prescribed. (3) Except where provision is otherwise made by order, a death grant shall not be payable in respect of a death occurring outside the Island. ARTICLE 5 For the First and Second Schedules to the principal Law 7 there shall be substituted the Schedules so numbered set out in Schedule A to this Law. ARTICLE 6 After paragraph 3 of the Third Schedule to the principal Law 8 there shall be inserted the following paragraph MATERNITY GRANT AND DEATH GRANT 4.-(1) The contribution conditions for maternity grant and death grant are that (a) (b) not less than twenty-six contributions of the appropriate class have been paid by the relevant person in respect of the period beginning with that person s entry into insurance and ending immediately before the relevant time ; and not less than twenty-six contributions of the appropriate class have been paid by or credited to that person in respect of the last complete 7 8 Tome , pages 589 and 592 and Tome , page 193. Tome , page 596.

8 8 contribution year before the beginning of the benefit year comprising the relevant time. (2) In this paragraph (a) the expression relevant person means the person by whom the conditions are to be satisfied ; (b) the expression relevant time means (i) (ii) in relation to maternity grant, the date of the confinement, or, where the relevant person is the husband and he was dead or over pensionable age on that date, the date of his attaining pensionable age or dying under that age ; in relation to death grant, the date of the deceased s death or, where immediately before that date the relevant person was dead or over pensionable age, the date of that person attaining pensionable age or dying under that age ; (c) references to a contribution year and to a benefit year are references to periods which are respectively a contribution year and a benefit year in relation to the relevant person. ARTICLE 7 (1) In the proviso to paragraph (3) of Article 20 of the principal Law, 9 for the words twenty-nine shillings and sixpence and forty shillings there shall be substituted the words thirty-two shillings and sixpence and forty-three shillings respectively. 9 Tome , page 530 and page 28 of this volume.

9 9 (2) In paragraph (1) of Article 27 of the principal Law, 10 for the words or a retirement pension there shall be substituted the words a retirement pension or a death grant. (3) For sub-paragraph (b) (ii) of paragraph (1) of Article 28 of the principal Law 11 there shall be substituted the following subparagraph (ii) of thirty-two shillings and sixpence. (4) In paragraph (1) of Article 37 of the principal Law, 12 after the word sickness there shall be inserted the word maternity and after the said paragraph (1) there shall be inserted the following paragraph (1A) Where the employed person is a man, his wife or widow shall have the same right of recovery under paragraph (1) of this Article in respect of maternity benefit lost by her as if the employer s failure or neglect had been in respect of her. (5) After sub-paragraph (a) of paragraph (5) of Article 42 of the principal Law 13 there shall be inserted the following subparagraph (aa) as to entitlement to a death grant ; or. (6) For paragraph (3) of Article 45 of the principal Law 14 there shall be substituted the following paragraph (3) Provision may also be made by order (a) for enabling a person to be appointed to exercise, on behalf of a claimant or Tome , page 541. Tome , page 542. Tome , page 552 and page 29 of this volume. Page 30 of this volume. Tome , page 562.

10 10 beneficiary who is a child or who may be or become unable for the time being to act, any right or power which the claimant or beneficiary may be entitled to exercise under this Law, and for authorizing a person so appointed to receive and deal with any sum payable by way of benefit on behalf of the claimant or beneficiary ; (b) in connexion with the death of any person, for enabling a claim for benefit to be made or proceeded with in the name of the deceased person, for authorizing payment or distribution of benefit to or amongst persons claiming as the personal representatives, legatees, heirs or creditors of the deceased person (including in the case of death grant, any person who gives an undertaking in writing to pay the whole or part of the funeral expenses) or, in cases of illegitimacy of deceased persons, to or amongst others, and for dispensing with strict proof of the title of persons so claiming. (7) In paragraph (1) of Article 60 of the principal Law, 15 for the words widowhood, orphanhood or retirement there shall be substituted the words confinement of women, widowhood, orphanhood, retirement or death. ARTICLE 8 Any order made under the principal Law which is in force at the date of the coming into force of this Law shall, as from that date, have effect as if made under the principal Law as amended by this Law. 15 Tome , page 580.

11 11 ARTICLE 9 (1) This Law may be cited as the Insular Insurance (Amendment No. 8) (Jersey), and this Law and the Insular Insurance (Jersey) Laws, 1950 to 1961, may be cited together as the Insular Insurance (Jersey) Laws, 1950 to (2) This Law shall come into force on such day or days as the States may by Act appoint and different days may be fixed for different purposes and different provisions of this Law, and any such Act may, if the date thereby appointed is appointed for some only of the purposes of this Law or in relation only to some cases or classes of case, contain such incidental or supplementary provisions as appear to the States to be necessary or expedient as respects the period or any part of the period when this Law is to have a partial operation only, and, in particular, provisions modifying and supplementing, in relation to the period to which the Act is to apply, the provisions of this Law or any Law amended by this Law.

12 12 SCHEDULES SCHEDULE A FIRST SCHEDULE (Article 5) CONTRIBUTION RATES PART I EMPLOYED PERSONS Description of employed person Weekly Rate of Contribution s. d. Men between the ages of 18 and 70 (not including men over the age of 65 who have retired from regular employment) 4 0 Women between the ages of 18 and 65 (not including women over the age of 60 who have retired from regular employment) 3 3 Boys under the age of Girls under the age of PART II EMPLOYERS Description of employed person Weekly Rate of Contribution

13 13 s. d. Men over the age of Women over the age of Boys under the age of Girls under the age of For the purpose of this Part of this Schedule, a person over pensionable age, not being an insured person, shall be treated as an employed person if he would be an insured person were he under pensionable age and would be an employed person were he an insured person. PART III SELF-EMPLOYED PERSONS Description of self-employed person. Weekly Rate of Contribution. s. d. Men between the ages of 18 and 70 (not including men over the age of 65 who have retired from regular employment) 7 11 Women between the ages of 18 and 65 (not including women over the age of 60 who have retired from regular employment) 6 5 Boys under the age of Girls under the age of

14 14 PART IV NON-EMPLOYED PERSONS Description of non-employed person. Weekly Rate of Contribution. s. d. Men between the ages of 18 and Women between the ages of 18 and Boys under the age of Girls under the age of PART V STATES SUPPLEMENT Description of person by or in respect of whom contribution is paid. For contribution as employed person. Amount of supplement. For employer s contribution. For contribution as selfemployed person. For contribution as nonemployed person. s. d. s. d. s. d. s. d. Men over the age of Women over the age of Boys under the age of Girls under the age of

15 15

16 16 SECOND SCHEDULE (Articles 12, 25 and 26) RATE OF BENEFIT PART 1 RATES OF PERIODICAL BENEFITS AND OF INCREASES FOR DEPENDANTS Description of benefit. Weekly Rate. Increase for only child or elder or eldest child (where payable) Increase for each additional child (where payable). Increase for adult dependant (where payable). 1. Sickness and injury benefit s. d. s. d. s. d. s. d. (a) in the case of a person over the age of eighteen, not being a married woman (b) in the case of a person under the age of eighteen, not being a married woman (i) during any period during which that person is entitled to an increase of benefit in respect of a child or adult dependant

17 17 (ii) during any other period (c) in the case of a married woman over the age of eighteen (i) during any period during which she is entitled to an increase of benefit in respect of her husband or during which she is not residing with, and is unable to obtain any financial assistance from, her husband (ii) during any other period (d) in the case of a married woman under the age of eighteen

18 18 (i) during any period during which she is entitled to an increase of benefit in respect of her husband, or during which she is entitled to an increase of benefit in respect of a child or an adult dependant other than her husband, and she is not residing with, and is unable to obtain any financial assistance from, her husband (ii) during any other period during which she is entitled to an increase of benefit in respect of a child or adult dependant (iii) during any other period Widow s allowance

19 19 3. Widowed mother s allowance 43 0 (including 10s. 6d. for only child) Widow s pension Guardian s allowance Retirement pension (a) where the pension is payable to a woman by virtue of a husband s insurance and he is alive (b) in any other case PART II AMOUNT OF GRANTS Description of Grant. Amount. s. d. 1. Maternity Grant Home Confinement Grant Death Grant, where the person in respect of whose death the grant is paid was at his death (a) under three years of age ; (b) Between three and nine years of age ;

20 20 (c) Between ten and twenty years of age ; (d) over twenty years of age

21 21 SCHEDULE B SIXTH SCHEDULE (Articles 23 and 24) INCREASE IN THE WEEKLY RATE OF RETIREMENT PENSIONS PART I INCREASE PAYABLE BY VIRTUE OF CONTRIBUTIONS PAID BY BENEFICIARY OR HER DECEASED HUSBAND AS AN EMPLOYED OR SELF EMPLOYED PERSON AFTER ATTAINING PENSIONABLE AGE. Number of contributions paid Amount of increase s. d. s. d. s. d. s. d. s. d. s. d. s. d. s. d. s. d. s. d

22 22 PART II INCREASE PAYABLE TO A WOMAN BY VIRTUE OF CONTRIBUTIONS PAID BY HER HUSBAND AS AN EMPLOYED OR SELF-EMPLOYED PERSON AFTER ATTAINING PENSIONABLE AGE (AND HE IS ALIVE). Number of contributions paid Amount of increase... s. d. s. d. s. d. s. d. s. d. s. d. s. d. s. d. s. d. s. d F. DE L. BOIS, Greffier of the States.