Disability Transport Allowance (Jersey) Law 1997

Jersey Law 1/1997 DISABILITY TRANSPORT ALLOWANCE (JERSEY) LAW 1997 ____________ ARRANGEMENT OF ARTICLES ____________ 1. Interpretation 2. Disability transport allowance 3. Rate of allowances 4. Maximum income level 5. Determination of questions as to right to allowance 6. Method of payment and time for obtaining payment 7. Recovery of allowance wrongly paid 8. Allowance to be inalienable 9. Administrative expenses 10. Funding 11. Penalty for obtaining or receiving payment wrongfully 12. Provisions as to legal proceedings 13. Regulations 14. Orders 15. General provisions as to Regulations and Orders 16. Short title and commencement DISABILITY TRANSPORT ALLOWANCE (JERSEY) LAW 1997 ____________ A LAW to make provision for the payment of a non-contributory transport allowance to certain persons under disability, and for connected purposes, sanctioned by Order of Her Majesty in Council of the 19th day of NOVEMBER 1996 ____________ (Registered on the 10th day of January 1997) ____________ STATES OF JERSEY ____________ The 2nd day of July 1996 ____________ T HE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law – ARTICLE 1 Interpretation (1) In this Law, unless the context otherwise requires – “the Committee” means the Employment and Social Security Committee; “disability transport allowance” has the meaning assigned to it by Article 2; “the Jersey Average Earnings Index” means the average earnings index produced by the Jersey Joint Advisory Council; “the Jersey Retail Prices Index” means the retail prices index produced by the Jersey Joint Advisory Council; “maximum income level” has the meaning assigned to it by Article 4; “medical practitioner” has the same meaning as “registered medical practitioner” in the Medical Practitioners (Registration) (Jersey) Law 1960 1 ; “Order” means an Order made by the Committee; “prescribed” means prescribed by Order; “Social Security Tribunal” means the Tribunal constituted under the Fourth Schedule to the Social Security (Jersey) Law 1974 2 . (2) A reference in this Law to an Article by number only, and without further identification, is a reference to the Article of that number in this Law. (3) A reference in an Article or other division of this Law to a paragraph, sub-paragraph or clause by number or letter only, and without further identification, is a reference to the paragraph, sub-paragraph or clause of that number or letter contained in the Article or other division of this Law in which that reference occurs. (4) Unless the context otherwise requires, where this Law refers to an enactment, the reference is to that enactment as amended from time to time, and includes a reference to that enactment as extended or applied by or under another enactment, including any other provision of that enactment. ARTICLE 2 Disability transport allowance (1) Subject to the provisions of this Law, a person shall be entitled to an allowance (in this Law referred to as a “disability transport allowance”) for any day on which he is so severely disabled that he is capable of leaving home only with assistance if he – (a) has been so disabled for a continuous period of three months immediately preceding that day; and (b) is likely to remain so disabled for a continuous period of nine months following that day. (2) The Committee shall prescribe the circumstances in which a person is or is not to be treated for the purposes of paragraph (1) as being so severely disabled that he is capable of leaving home only with assistance. (3) A person shall not be entitled to a disability transport allowance before he has attained the age of four years. (4) A person shall not be entitled to disability transport allowance if his income exceeds the maximum income level. (5) A person shall not be entitled to a disability transport allowance unless he satisfies such conditions as to residence or presence in the Island as may be prescribed. (6) Provision may be made by Order whereby in the case of a person who has previously been entitled to a disability transport allowance the requirements of paragraph (1) as to the period of disability may be satisfied by reference to a period not ending immediately before the new claim is made or not consisting of consecutive days. (7) Provision may be made by Order for disqualifying a person for receiving a disability transport allowance for such period not exceeding three months as may be determined in such manner as may be prescribed if he fails without good cause to attend for, or to submit himself to, such medical or other examination or treatment as may be required in accordance with the Order, or to observe any prescribed rules of behaviour. (8) For the purposes of paragraphs (1) and (2), “home” means the house, flat or other place in which a person habitually lives. ARTICLE 3 Rate of allowances (1) Disability transport allowance shall be payable at such monthly rate as the States shall from time to time by Regulations specify, and different rates may be specified for different cases or classes of case. (2) A disability transport allowance payable for part of a month shall be calculated at the rate of one-thirtieth per day of the monthly rate. (3) Provision may be made by Order for adjusting the amount of a disability transport allowance payable under this Law so as to avoid fractional amounts or otherwise facilitate computation. ARTICLE 4 Maximum income level (1) For the period beginning with the coming into force of this Article and ending with the 30th day of September next following the States shall by Regulations specify a maximum income level for the purposes of this Law. (2) Subject to the power of the States to alter the maximum income level under Article 13, the maximum income level applicable on the 30th day of September in any year shall be increased as from the 1st day of October in that year by the percentage figure halfway between the percentage rise in the Jersey Retail Prices Index and the percentage rise in the Jersey Average Earnings Index during the twelve months commencing July of the preceding year. ARTICLE 5 Determination of questions as to right to allowance (1) Subject to the provisions of this Law, provision shall be made by Order for the determination by an officer appointed by the Committee (to be known as “the Determining Officer”) of any claim under this Law. (2) The Committee shall appoint such number of medical practitioners (to be known as “designated medical practitioners”) as it thinks necessary whose functions shall be to examine persons in respect of whom claims for a disability transport allowance are made and to submit medical reports in respect of such persons for the consideration of the Determining Officer. (3) Orders under paragraph (1) shall provide – (a) for review of an award if a person in respect of whom a claim has been made ceases to satisfy the medical conditions for that award; (b) following the disallowance of a claim for medical reasons, for a review by a Medical Appeal Tribunal constituted as prescribed; (c) for appeals on non-medical grounds to be made to the Social Security Tribunal; and (d) for appeals on questions of law to be made to the Royal Court. ARTICLE 6 Method of payment and time for obtaining payment A disability transport allowance shall be payable and receivable at such times, in such manner and subject to such conditions as may be prescribed. ARTICLE 7 Recovery of allowance wrongly paid (1) If it is found at any time that a disability transport allowance has been paid which was not properly payable, the Committee may require it to be repaid – (a) if it was paid to a person as in his own right, by that person; or (b) if it was paid to a person on behalf of another, either by that person or by that other person, but the Committee shall not require repayment by a person who is shown to its satisfaction to have acted in good faith in all respects as to the obtaining and receipt of the sum in question. (2) If it is found at any time that a disability transport allowance properly payable has been paid to a person not being a person by whom it was properly receivable, the Committee may require it to be repaid by the person to whom it was paid, but the Committee shall not require payment by a person who is shown to its satisfaction to have acted in good faith in all respects as to the obtaining and receipt of the sum in question. (3) In case of the death of a person who could be required to repay a sum under this Article, the Committee may require it to be repaid by the person charged with the administration of his personal estate. (4) Proceedings for the recovery of any sum which a person is required under this Article to repay to the Committee may be instituted by the Treasurer of the States, either in term or in vacation, and notwithstanding any enactment or rule of law to the contrary, any such proceedings may be brought at any time within twelve months from the time when that sum was paid, or, where the proceedings are for the recovery of a consecutive series of sums, within twelve months from the date on which the last sum of the series was paid. (5) Any sum which a person is required under this Article to repay to the Committee may, without prejudice to any other remedy, be recovered by means of deduction from any other sum receivable on account of an allowance by the person to whom the sum was paid, unless it was paid to that person as on behalf of another, and in that case it may, without prejudice to any other remedy, be recovered by means of deduction from any other sums receivable on account of an allowance by that other person. ARTICLE 8 Allowance to be inalienable Subject to the provisions of this Law, a disability transport allowance payable under this Law or any part of such an allowance shall not be capable of being assigned, charged or attached, nor shall it pass to any other person by operation of law, nor shall any claim be set off against the same except in such case and subject to such conditions as may be prescribed. ARTICLE 9 Administrative expenses The Committee may pay to any member of the Social Security Tribunal, any member of the Medical Appeal Tribunal, any designated medical practitioner and any other person whose advice or assistance may be required by either of the said Tribunals or by the Determining Officer such remuneration and expenses as the Committee may determine. ARTICLE 10 Funding Disability transport allowance and all expenses incurred in carrying this Law into effect shall be paid out of moneys provided by the States. ARTICLE 11 Penalty for obtaining or receiving payment wrongfully If any person – (a) with intent to obtain a disability transport allowance, either in that person’s own right or on behalf of another, furnishes any information which he knows to be false in a material particular, or recklessly furnishes any information which is false in a material particular, or withholds any material information; or (b) obtains or receives a disability transport allowance or any sum on account of any such allowance, either in that person’s own right or on behalf of another, knowing that it was not properly payable, or not properly receivable by him, that person shall be liable to imprisonment for a term not exceeding three months or to a fine not exceeding level 4 on the standard scale, or to both. ARTICLE 12 Provisions as to legal proceedings (1) and (2) [repealed L23/1999] (3) * * *[repealed L44/1998] ARTICLE 13 Regulations The States may, by Regulations – (a) alter the qualification periods specified in sub-paragraphs (a) and (b) of paragraph (1) of Article 2; and (b) alter the maximum income level. ARTICLE 14 Orders (1) The Committee may make Orders for prescribing anything which under this Law is to be prescribed and generally for carrying this Law into effect and, in particular but without prejudice to the generality of the foregoing – (a) for prescribing the manner and time in which claims to a disability transport allowance may be made and the evidence and information to be supplied in support thereof; (b) for prescribing the manner in which a person’s income for the purposes of this Law shall be determined; and (c) for enabling the Committee to appoint a person to exercise on behalf of any claimant who is for any reason unable to act any right to which that claimant may be entitled under this Law and to authorize any person so appointed to receive on behalf of and for the benefit of the claimant any sum payable by way of an allowance under this Law. (2) The Subordinate Legislation (Jersey) Law 1960 3 shall apply to Orders made under this Law. ARTICLE 15 General provisions as to Regulations and Orders (1) Except insofar as this Law otherwise provides, any power conferred thereby to make any Regulations or Order may be exercised – (a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case; and (b) so as to make, as respects the cases in relation to which it is exercised – (i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise), (ii) the same provision for all cases in relation to which the power is exercised or different provision for different cases or classes of case, or different provisions as respects the same case or class of case for different purposes of this Law, (iii) any such provision either unconditionally or subject to any specified condition. (2) Without prejudice to any specific provision of this Law, any Regulations or Order under this Law may contain such incidental, supplemental or transitional provisions as appear to the States or the Committee, as the case may be, to be expedient for the purposes of the Regulations or Order. ARTICLE 16 Short title and commencement (1) This Law may be cited as the Disability Transport Allowance (Jersey) Law 1997. (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 for different provisions of this Law. G.H.C. COPPOCK Greffier of the States. 1 Tome VIII, page 829, and Volume 1992-1993, page 267. 2 Volume 1973-1974, page 366. 3 Tome VIII, page 849.