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 –

“2      Medical boards

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.

 




[1] Recueil des Lois, Volume 1973-1974, pages 345 and 356 and Volume 2000, page 887.

[2] No. 6085.

[3] Recueil des Lois, Volume 1973-1974, page 345 and Volume 2000, page 887.

[4] Recueil des Lois, Volume 1973-1974, page 345 and Volume 2000, page 887.


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