Social Security
(Determination of Disablement Questions) (Amendment) (Jersey) Order 2004
Made 21st July 2004
Coming into force 1st
October 2004
THE EMPLOYMENT AND SOCIAL SECURITY COMMITTEE, in pursuance of
Articles 34, 34B and 51 of the Social Security (Jersey) Law 1974,[1] orders as follows –
1 Interpretation
In this Order, “principal Order”
means the Social Security (Determination of
Disablement Questions) (Jersey) Order 1974.[2]
2 Article
1 amended
For Article 1(2) of the principal Order there shall be substituted
the following paragraph –
“(2) Any notice to a person under
this Order may be given by sending it to the person at his ordinary or
last-known address, but this paragraph does not limit any other mode of giving
notice.”
3 Articles
2 and 3 replaced
For Articles 2 and 3 of the principal Order there shall be
substituted the following Article –
A person shall not act as a
member of a medical board constituted in accordance with Article 34 of the
Law,[3] in respect of any case
referred to the board for determination, if –
(a) he is or may be directly affected by that case;
or
(b) he has taken any part in such case as a
medical assessor or as a medical practitioner who has regularly attended the
claimant or to whom any question has been referred for examination and report
or as an employer or as a witness.”.
4 New
Article 5 substituted
For Article 5 of the principal Order there shall be substituted
the following Article –
“5 Notice
of decision of medical board
(1) A medical board shall in each case record
its decision in writing.
(2) The record of the decision shall be signed
by each member of the medical board.
(3) The record of the decision shall include a
statement of the medical board’s findings on all questions of fact
material to its decision.
(4) Written notice of the decision of a medical
board shall be given as soon as practicable to the claimant.
(5) The notice of the decision shall contain a
summary of the medical board’s findings.
(6) The record and notice shall each be in a
form approved by the Committee.”.
5 Article
6 amended
Article 6(2) of the principal Order shall be revoked.
6 Article
9 amended
In Article 9(2) of the principal Order, for the word
“sent” there shall be substituted the word “given”.
7 Article
10 amended
(1) In
Article 10(1) of the principal Order, for the words “any disablement
question” there shall be substituted the words “any question
specified in paragraph (1) of Article 34A of the Law[4]”.
(2) In
Article 10(4)(a) of the principal Order, the words “or a single
medical practitioner acting in place of a medical board” shall be deleted.
8 Citation
and commencement
This Order may be cited as
the Social Security (Determination of Disablement Questions) (Amendment)
(Jersey) Order 2004 and shall come into force on 1st October 2004.
M.N. DE LA HAYE
Greffier of the States.