Social Security (Medical Certification) (Jersey) Order 1974

Revised Edition

26.900.48

Showing the law as at 1 January 2019

This is a revised edition of the law

Social Security (Medical Certification) (Jersey) Order 1974

Article

1                 Interpretation. 5

2                 Evidence of incapacity and confinement 5

3                 Citation. 6

INCAPACITY   7

PART A   7

RULES FOR MEDICAL CERTIFICATION   7

PART B   9

EVIDENCE OF INCAPACITY   9

CONFINEMENT  11

PART A   11

RULES FOR CERTIFICATION   11

PART B   12

EVIDENCE OF CONFINEMENT  12

Table of Legislation History. 16

Table of Renumbered Provisions. 16

Table of Endnote References. 16

Social Security (Medical Certification) (Jersey) Order 1974[1]

1        Interpretation

(1)     In this Order, unless the context otherwise requires –

“determining authority” means, as the case may require, the determining officer or the Social Security Tribunal;

“incapacity” means incapacity by reason of which a person is rendered incapable of work;

“Law” means the Social Security (Jersey) Law 1974;[3]

“signature” means, in relation to any certificate, the name by which the person giving the certificate is usually known (any name other than the surname being either in full or otherwise indicated) written by that person in the person’s own handwriting; and the expression “signed” shall be construed accordingly.

(2)     For the purpose of any provision of this Order providing that any certificate shall be in a form set out in Schedule 1 or 2, any reference to such form shall include a reference to any such other form substantially to the like effect as the Minister may from time to time approve.

2        Evidence of incapacity and confinement[4]

(1)     Every person claiming short term incapacity allowance shall furnish evidence of incapacity, in respect of the day or days for which the claim is made –

(a)     in the form set out in Part B of Schedule 1; or

(b)     by such other means as the determining authority may accept as sufficient in the circumstances of any particular case or class of cases.

(2)     Where the evidence is in the form set out in Part B of Schedule 1, the certificate in that form (as defined in paragraph 1 of Part A of that Schedule) shall be completed in accordance with Part A of that Schedule.

(3)     Every woman by whom or on whose behalf a claim for maternity benefit is made shall furnish evidence –

(a)     where the claim is made in respect of expectation of confinement, that she is pregnant and as to the stage which she has reached in her pregnancy; or

(b)     where the claim is made by virtue of the fact of confinement, that she has been confined.

(4)     The evidence to which paragraph (3) refers shall be furnished –

(a)     in the form set out in Part B of Schedule 2; or

(b)     by such other means as the determining authority may accept as sufficient in the circumstances of any particular case or class of cases.

(5)     Where the evidence is in the form set out in Part B of Schedule 2, the certificate in that form shall be completed in accordance with Part A of that Schedule.

3        Citation

This Order may be cited as the Social Security (Medical Certification) (Jersey) Order 1974.

SCHEDULE 1

(Article 2(1))

INCAPACITY

PART A

RULES FOR MEDICAL CERTIFICATION

1.       In these rules, unless the context otherwise requires –

“certificate” means that part of the form in Part B of this Schedule that is headed “Doctor’s section”;[5]

“claimant” means the person in respect of whom a certificate is given;

“practitioner” means a medical practitioner not being the claimant.[6]

2.       Every certificate shall be in writing in ink or other indelible substance, and shall contain the following particulars –

(a)     the claimant’s name;

(b)     [7]

(c)     a concise statement of the disease, disablement or injury by which the claimant is, in the practitioner’s opinion, at the time rendered incapable of work;

(d)     the date on which the certificate is given,

and shall bear, under the words “Doctor’s signature”, the signature of the certifying practitioner written after there have been entered on the certificate the claimant’s name and a statement of the disease, disablement or injury.[8]

3.       The statement of the incapacitating disease, disablement or injury in the certificate shall specify the cause of incapacity as precisely as the practitioner’s knowledge of the claimant’s condition at the time of the examination permits:

Provided that, if in the practitioner’s opinion a disclosure to the claimant of the precise cause would be prejudicial to the claimant’s well-being, the certificate may contain a less precise statement.

4.       Every certificate must have been given on a date not more than one day later than the date of the examination on which it is based, and no further certificate based on the same examination shall be furnished other than a certificate to replace an original certificate which has been lost or mislaid, but in that case the form shall be clearly marked “duplicate”.

5.       [9]

6.       Every certificate must cover a specified number of days or weeks from and including the date of the examination on which the certificate is based, which period shall not exceed 28 days or, where at that date the certificate of incapacity has continued for not less than 28 days, 13 weeks. [10]

7.       [11]

8.       In computing any period of time in relation to any certificate given under rule 6 of these rules, Sunday shall not be disregarded.[12]

PART B[13]

EVIDENCE OF INCAPACITY

SCHEDULE 2

(Article 2(2))

CONFINEMENT

PART A

RULES FOR CERTIFICATION

1.       In these rules “midwife” means a person authorized to exercise the profession of midwife in Jersey under the Loi (1922) sur la Santé Publique (Sages-femmes).[14]

2.       Certificates of confinement or expected confinement shall be in writing in ink or other indelible substance signed by the medical practitioner or midwife attending the woman.

3.       Every certificate of confinement or expected confinement shall contain the following particulars –

(a)     the woman’s name;

(b)     as appropriate, the actual date of confinement or the week in which it is to be expected that the woman will be confined, and in either case the date of the examination on which the certificate is based; and

(c)     the date on which the certificate is given,

and the certificate shall be adjusted and completed accordingly.[15]

4.       After a certificate based on an examination has been given, no further certificate based on the same examination shall be furnished other than a certificate to replace an original certificate which has been lost or mislaid, but in that case the form shall be clearly marked “duplicate”.

PART B[16]

EVIDENCE OF CONFINEMENT

Endnotes

Table of Legislation History

Table of Renumbered Provisions

Table of Endnote References