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D KITCHING

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									                                                                     29.01.2009



            NORFOLK                                         ISLAND




SOCIAL SERVICES (AMENDMENT) BILL 2009
                                ________


                          TABLE OF PROVISIONS
Clause
     1.   Short title
     2.   Commencement
     3.   Principal Act
     4.   New section
                2A.    Objects of Act
     5.   Definitions
     6.   New section
                3A.    Member of a couple
     7.   Functions of the Board
     8.   New Section
                14.    Secrecy
     9.   Norfolk Island Social Services Benefits
    10.   New sections 15A, 15B, and 15C
               15A.    Financial eligibility for benefits
               15B.    Approval of forms
               15C.    Delegation
    11.   Age benefits
    12.   Invalid benefits
    13.   Repeal and replacement of section 23
                 23.   Medical examinations
    14.   Special benefit
    15.   New section 26A
              26A. Pension Related Benefits
    16.   Claims for benefit
2009               Social Services (Amendment)                  ii


   17.   Information as to beneficiaries
   18.   Repeal and replacement of section 33
                33. Review officer
                33A. Review of decisions
                33B. Review process
                33C. Appealable decisions
                33D. Review by Administrative Review Tribunal
   19.   Payments of benefits
   20.   Repeal and replacement of section 46
               46.    Death of beneficiary
   21.   Exercise of powers – amendment of section 48
   22.   Regulations
   23.   Incentives
   24.   Minor and consequential amendments
           NORFOLK                                     ISLAND




              Social Services (Amendment) Bill 2009
_______________________________________________________________________


                                 A BILL
                                   for
               An Act to amend the Social Services Act 1980

BE IT ENACTED by the Legislative Assembly of Norfolk Island as
follows —

Short title
    1.      This Act may be cited as the Social Services (Amendment) Act
2009.
Commencement
    2.      (1)     Section 1 and this section commence on the day on which
notification of assent to this Act is published in the Gazette.
            (2)     The remaining provisions commence on the day, or
respective days, fixed by the Administrator by notice in the Gazette.
Principal Act
    3.     In this Act, the Social Services Act 1980 is referred to as the
principal Act.
New section
    4.     The principal Act is amended by inserting after section 2 the
following —
          “Objects of Act
            2A.     (1)     The objects of this Act are —
                (a)     to maintain a minimum standard of living for those
                        who are unable to provide this for themselves; and
                (b)     to provide a benefit in appropriate circumstances for
                        the purpose of paragraph 2A(1)(a); and
                (c)     to specify who is to be covered by the benefits
                        provided under this Act, and the extent to which
                        such persons are to receive benefits.‖.
2009                   Social Services (Amendment)                            2


Definitions
   5.      Section 3 of the principal Act is amended —
       (a)    by deleting the definition of ―benefit‖ and inserting the
              following 
              ― ‗benefit‘ means a benefit, other than a special benefit or
                  HMA, granted under this Act;
              ‗deemed income‘ includes ─
                  (a)     an amount calculated at the rate of 4% per annum
                          (or such other rate as the executive member may
                          determine annually by notice in the Gazette
                          effective from 1 July next after publication) on
                          money deposited in any non-interest-bearing
                          account;
                  (b)     income assigned or disposed of within the previous
                          12 months for no consideration or a consideration
                          less than the fair market value of the income at the
                          time of its assignment or disposal;
                  (c)     the fair market value of goods and services provided
                          to a person for less than their fair market value by
                          an organisation or by a person or persons not
                          related by blood or marriage to the person;
                  (d)     the income of a trust in which a person has an
                          ascertainable interest which income is not
                          distributed to the person but is retained in the trust;
                          and
                  (e)     an amount equal to the income of an investment that
                          is not distributed or re-invested;
              ‗hospital and medical assistance‘ or ‗HMA‘ means a benefit
                  related assistance with hospital and medical expenses that
                  may be made available upon application and at the
                  discretion of the executive member to a person who is in
                  receipt of a benefit 
                  (a)     within the meaning of the Social Services Act 1991
                          of the Commonwealth; or
                  (b)     under the Social Security Act 1947 of the
                          Commonwealth; or
                  (c)     under the Veterans’ Entitlements Act 1986 of the
                          Commonwealth; or
                  (d)     under another prescribed law,
                  and who would, but for that benefit, be eligible for a benefit
                  under this Act.‖;
2009                      Social Services (Amendment)                           3




       (b)      by inserting after the definition ―Legislative Assembly
                member‖, the following —
                ―‗long term incapacity‘ means an impairment suffered by a
                    person such that they are permanently, or for an
                    indeterminate period of more than 12 months, unable to
                    perform any work or carry out any duties;
                ‗partner‘ means a member of a couple;
                ‗single person‘ means a person who is not a member of a
                    couple;
                ‗special benefit‘ means a benefit granted under section 26.‖;
       (c)      by re-numbering paragraphs (aa) and (b) of the definition of
                    ―income‖ as paragraphs (b) and (d) and inserting after
                    paragraph (b) ─
                    ―(c) deemed income;‖; and
       (d)      by inserting immediately before the expression ―in the nature of
                    income‖ in the definition of ―income‖ wherever appearing
                    ― ―deemed income or otherwise‖.
New section
    6.    The principal Act is amended by adding after section 3 the
following —
             “Member of a couple
                3A.     (1)     A person is a member of a couple for the
             purposes of this Act if —
                    (a)     the person is legally married to another person and
                            is not, in the opinion of the executive member,
                            living separately and apart from the other person on
                            a permanent or indefinite basis; or
                    (b)     all of the following conditions are met 
                            (i)      the person has a relationship with another
                                     person (in this paragraph called the partner);
                            (ii)     the person is not legally married to the
                                     partner;
                            (iii) the relationship between the person and the
                                     partner is, in the opinion of the executive
                                     member, a marriage-like relationship;
                            (iv)     both the person and the partner are over the
                                     age of consent applicable in Norfolk Island;
                            (v)      the person and partner are not within a
                                     prohibited relationship for the purposes of
                                     section 23B of the Marriage Act 1961 (Cth).
2009               Social Services (Amendment)                              4




                   (2)      In forming an opinion about the relationship
       between 2 people for the purposes of subsection 3A(1), the
       executive member shall have regard to all the circumstances of the
       relationship including in particular the following —
               (a)     the financial aspects for the relationship
                       including —
                       (i)     any joint ownership of real property or other
                               major assets, and any joint liabilities;
                       (ii)    any significant pooling of financial resources
                               especially in relation to major financial
                               commitments;
                       (iii) any legal obligations owed by one person in
                               respect of the other person;
                       (iv)    the basis of any sharing of day-to-day
                               household expenses;
               (b)     the nature of the household including —
                       (i)     any joint responsibility for providing care or
                               support of children;
                       (ii)    the living arrangements of the people;
                       (iii) the basis on which responsibility for
                               housework is distributed;
               (c)     the social aspects of the relationship, including —
                       (i)     whether the people hold themselves out as
                               married to each other;
                       (ii)    the assessment of friends and regular
                               associates of the people about the nature of
                               their relationship;
                       (iii) the basis on which the people make plans
                               for, or engage in, joint social activities;
               (d)     any sexual relationship between the people;
               (e)     the nature of the people‘s commitment to each
                       other, including:
                       (i)     the length of the relationship;
                       (ii)    the nature of the companionship and
                               emotional support that the people provide to
                               each other;
                       (iii) whether the people consider that the
                               relationship is likely to continue indefinitely;
                       (iv)    whether the people see their relationship as a
                               marriage-like relationship.
2009                  Social Services (Amendment)                          5




                       (3)     The executive member must not form the
          opinion that the relationship between a person and his or her
          partner is a marriage-like relationship if the person is living
          separately and apart from the partner on a permanent or indefinite
          basis.
                       (4)     The executive member may, in special
          circumstances, determine that a person is not a member of a
          couple.‖.
Functions of the Board
    7.    The principal Act is amended by adding after subsection 11(4) the
following —
          ―        (4A) After the end of each financial year, and before 31
          August, the Board must deliver to the executive member 
                 (a) a statement of the reports and recommendations made
                       by it during the previous 12 months and furnished under
                       subsection 11(2), if any; and
                 (b) a report concerning the matters specified in subsection
                       11(2) over the preceding year and as they appear as at
                       the end of that year,
          and the executive member shall lay the statement and report before
          the Legislative Assembly at the meeting next following 30 days
          after its receipt.‖.
New section
    8. Section 14 of the principal Act is repealed and replaced by the
following 
          ―Secrecy
              14.     (1)     An officer or member of the Board shall not,
          directly or indirectly —
                  (a)     except in the exercise or performance of the officer
                          or member‘s powers or functions connected with
                          the administration of this Act, or as otherwise
                          authorised by law; and
                  (b)     while the officer is responsible for functions
                          connected with the administration of this Act or
                          after ceasing to be so responsible; or
                  (c)     while a person is, or after a person ceases to be, a
                          member of the Board,
          make a record of, or divulge or communicate to a person other than
          the executive member, any information with respect to the affairs
          of another person that has been acquired by such officer or member
          of the Board.
          Penalty: 10 penalty units.
2009                    Social Services (Amendment)                            6




                        (2)      The Chief Executive Officer must take such
            precautions and give such directions as are reasonably necessary to
            ensure, in respect of any person who is or has been an applicant for
            or beneficiary of a benefit under this Act, that —
                    (a)      no information concerning the benefits applied for,
                             received by or withdrawn from;
                    (b)      no information concerning medical treatment
                             received or sought by;
                    (c)      no information concerning any bank accounts of;
                             and
                    (d)      no other information of a personal or private nature,
            is available to be accessed by any other person other than a person
            who is authorised to receive such information.
                        (3)      A person who, without being authorised so to
            do, accesses any information of a kind referred to in paragraphs
            14(2)(a), (b), (c) and (d) commits an offence.
                    Penalty:         5 penalty units.
                        (4)      A person who, whether or not entitled so to do,
            accesses any information of the kind referred to in paragraph
            14(2)(a), (b), (c) or (d) with the intention of divulging any such
            information to a person not authorised to receive it, commits an
            offence.
                    Penalty:         5 penalty units.
                        (5)      A person who having obtained information of a
            kind referred to in subsection 14(2)(a), (b), (c) or (d) and who
            divulges such information to a person not authorised to receive it,
            commits an offence.
                    Penalty:         10 penalty units.
                        (6)      The operation of subsections 14(1) and (5) do
            not extend to anything said or done by a Legislative Assembly
            member at a meeting of the Assembly.
                        (7)      In a prosecution for breach of any of the
            provisions of this section it is immaterial whether or not a person
            charged did or did not have an intention, at the time information
            was obtained, to access, make a record, divulge, or disclose, that
            information‖.
Norfolk Island Social Services Benefits
   9.       The principal Act is amended by repealing subsection 15(3) and
substituting the following —
            ―           (3)      Following recommendation by the Board, the
            decision whether a benefit shall be granted or refused may be made
            by 
                    (a)      the executive member; or
2009                   Social Services (Amendment)                          7


                 (b)      an authorised officer (but not a decision to grant a
                          special benefit).
                      (3A) The recipient of a benefit must as soon as
                  practicable after 30 June each year submit a statement of
                  income received by the recipient over the preceding 12
                  months ending on 30 June and such statement shall be in a
                  form approved by the executive member.
                      (3B) Following receipt of the statement under
          subsection (3A) any required variation in payment due to or from
          the recipient shall be made with effect from 1 July by addition to or
          deduction from payments made after 30 June as the executive
          member may determine having regard to the length of time taken
          by the recipient to submit the statement as required by subsection
          15(3A).
                      (3C) A special benefit can only be granted for a
          specified time after which payment of the special benefit ceases
          and the recipient must reapply in accordance with section 30.‖.
New sections 15A, 15B and 15C
    10.   The principal Act is amended by inserting after section 15 the
following —
          “Financial eligibility for benefits
              15A. A benefit under sections 16, 17 or 20 is payable to a
          person only if the person meets such financial requirements in
          respect of income and assets as are established by paragraph 2 of
          the Schedule or as may be prescribed by Regulation.
          Approval of forms
              15B. The executive member may approve forms to be used
          for the purposes of this Act.
          Delegation
              15C. (1)      The executive member may by written
          instrument delegate to an authorised officer any of his or her
          powers and functions under this Act, other than this power of
          delegation.
                      (2)   A power or function so delegated, when
          exercised or performed by the delegate is to be taken for the
          purposes of this Act, to have been exercised or performed by the
          executive member.
                      (3)   A delegation does not prevent the exercise of a
          power or the performance of a function by the executive member.‖.
2009                     Social Services (Amendment)                          8


Age benefits
   11.     Section 16 of the principal Act is amended —
       (a)    by omitting subsection 16(1) and substituting the following —
              ―       (1)      A person is qualified to receive an age benefit if
              the person —
                  (a)     being —
                          (i)     a male, has attained the age of 65 years; or
                          (ii)    being a female —
                                  (A)     born before 1 July 1944 reaches
                                          pension age when she has attained
                                          the age of 63 years; or
                                  (B)     born within the period specified in
                                          Column 1 in the table reaches
                                          pension age when she has attained
                                          the age specified in Column 2; or

                                        TABLE
                            Column 1                   Column 2
                           Date of birth           Qualification age
                 Before 1 July 1945                      63
                 1 July 1945 to 31 December 1945         63.5
                 1 January 1946 to 30 June 1946          64
                 1 July 1946 to 31 December 1946         64.5
                 1 January 1947 and later                65

                                      (C) born on or after 1 January 1947
                                          reaches pension age when she has
                                          attained the age of 65 years; and
                   (b)     is living in Norfolk Island on the date on which his
                           or her claim for benefit is received; and
                   (c)     is a resident of Norfolk Island under the
                           Immigration Act 1980 and was ordinarily resident in
                           Norfolk Island for not less than 10 years
                           immediately before that date.‖.
2009                    Social Services (Amendment)                            9




Invalid benefits
   12.       Section 17 of the Principal Act is amended —
        (a)      by omitting paragraph 17(1)(c) and substituting the
                 following —
                 ―(c) is suffering —
                         (i)    from permanent blindness; or
                         (ii)   long term incapacity;‖ and
         (b)     by omitting subsection 17(2).
Repeal and replacement of section 23
   13.       Section 23 of the principal Act is repealed and the following
substituted —
             “Medical examinations
                 23.     (1)    A claimant for an invalid benefit or for a
             handicapped child benefit must present himself or herself or the
             handicapped child in respect of whom a benefit is claimed to a
             medical practitioner for examination.
                         (2)    A person in receipt of an invalid benefit or
             handicapped child benefit must, at the end of each period of 12
             months after obtaining the benefit, present himself or herself or the
             handicapped child to a medical practitioner for annual examination.
                         (3)    The medical practitioner must provide a
             certificate under this section to the executive member and send a
             copy of the relevant certificate to the claimant or beneficiary
             concerned.
                         (4)    In a certificate provided under this section the
             medical practitioner must state whether in his or her opinion the
             claimant or beneficiary is unable to work or has a long term
             incapacity and must set out the reasons for that opinion.‖.
Special benefit
   14.       Section 26 of the principal Act is amended by 
         (a)    inserting after paragraph 26(1)(c) the following —
                        ― ; and
                (d)     is living in Norfolk Island on the date on which his or
                        her claim for a benefit is received and was a resident
                        and has been ordinarily resident in Norfolk Island for
                        not less than 2 years immediately before that date.‖; and
2009                  Social Services (Amendment)                         10




       (b)    adding the following new subsection 
              ―       (5)     The executive member may by a disallowable
              instrument prescribe categories of special benefit that may be
              paid, the criteria for qualification (which must be consistent
              with subsection 26(1)), the maximum amounts that may be paid
              in each category, and such other matters as he considers will
              better enable the most effective and prompt allocation of
              special benefits.‖.
New section 26A
    15.     The principal Act is amended by inserting after section 26 the
following -
        ―Pension Related Benefits
                26A. The executive member may authorise the provision, for
        persons in receipt of an age, invalid or widows pension or other
        benefit, of rebates, payment or vouchers entitling the recipient to a
        reduction in whole or part of the cost to the recipient of expenses or
        fees payable to the Administration including such things as telephone
        rental, motor vehicle registration, and electricity charges .‖.
Claims for benefit
   16.     Section 30 of the principal Act is amended —
       (a)    by omitting subsection 30(1) and substituting —
              ―       (1)     A claim for a benefit or HMA must be in
              accordance with an approved form and sent to the authorised
              officer.‖; and
       (b)    by inserting in subsection 30(1A) after ―a benefit‖ the words
              ―or HMA‖; and
       (c)    by omitting from subsection 30(2) the words ―, for the purpose
              of determining the date as from which a benefit is payable to
              the person,‖ ; and
       (d)    by adding at the end the following —
              ―       (3)     A claim for a benefit or HMA must be
              accompanied —
                  (a)     by a statement of the claimant‘s income for the 12
                          months immediately before the date of the claim;
                          and
                  (b)     if the claimant is a member of a couple, by a
                          statement of the income, for the same period, of the
                          claimant and the other member of the couple.
2009                   Social Services (Amendment)                           11


                         (4)       A claim for HMA must include information
                   as to the applicant‘s residence in Norfolk Island and details
                   of any pension or other benefit received or to which the
                   applicant is entitled from a place outside Norfolk Island and
                   include a form of authorisation or permission for the
                   executive member to make inquiries in any place to verify
                   the statements of the applicant.
                         (5) The date from which a benefit is payable to a
                    claimant is the date on which an application for a benefit or
                    HMA is approved by the executive member or an
                    authorised officer.
                         (6) Where a claim is made for an age benefit the
                    claim must be accompanied by evidence of prior claims
                    made by the claimant for a similar benefit from Australia or
                    another country or from an insurance company or employer
                    or previous employer from which the claimant may be
                    reasonably expected to be entitled to a benefit and that the
                    benefit has been refused and the grounds of refusal.‖.
Information as to beneficiaries
    17.    Subsection 31(1) of the principal Act is amended by omitting the
words ―(including a beneficiary) whom he believes‖ and substituting
―(including a beneficiary, the beneficiary‘s partner or any other person) that
the executive member believes‖.
Repeal and replacement of section 33
    18.    Repeal section 33 and substitute—
           ―Review officer
           33.     (1) The Chief Executive Officer shall, by instrument in
           writing published in the Gazette, appoint a public sector employee to
           be a review officer for the purposes of this Act.
               (2)      The function of the review officer is to receive and
           consider applications by interested persons for review of decisions
           made by the executive member or an authorised officer (the
           ―decision maker‖) and to make recommendations to the decision
           maker that a decision be in whole or part confirmed or rejected or
           varied.
               (3)      The appointment of the review officer shall be for a
           term of not less than 3 nor more than 5 years but a person may, but
           need not be, re-appointed upon the expiration of his or her term.
               (4)      The Chief Executive Officer may from time to time
           appoint a person to act in the position of review officer in the case
           of illness, absence from Norfolk Island, or other inability of the
           review officer to carry out his or her duties.
               (5)      The review officer may resign at any time by notice in
           writing delivered to the Chief Executive Officer.
2009              Social Services (Amendment)                          12


       Review of decisions
       33A.       A person who is aggrieved by a decision of a decision
       maker under this Act may, within 21 days after written notice of
       the decision has been given to the person, apply for a review of the
       decision by the review officer stating the reasons for the
       application and provide such statement or documents as the person
       considers relevant to and in support of the application.
       Review process
       33B.        (1)     Upon receipt of an application to review a
       decision the review officer must, within 7 days, give the decision
       maker notice of the application and request from the decision
       maker all relevant documents and information relied upon in
       making the decision to be reviewed.
                   (2)     The decision maker must within 28 days of
       receiving notice provide the review officer with all relevant
       documents and information as requested by the decision maker.
                   (3)     Upon receipt of the documents and information
       from the decision maker, the review officer must consider the
       application to review having regard to the information provided by
       the decision maker and the applicant and within 28 days of
       receiving documents and information from the decision maker,
       give notice to the decision maker recommending whether the
       decision under review be upheld or varied in whole or part and if to
       be varied in what manner and to what extent.
                   (4)     The decision maker must, following receipt of
       the recommendation of the review officer, consider the
       recommendation and within 28 days notify the applicant for review
       whether the decision is upheld or varied.
                   (5)     The decision maker is not bound by the
       recommendation of the review officer but must in any event inform
       the applicant for review of the reasons for upholding or varying the
       decision under review.
       Appealable decisions
       33C.        (1)     The following decisions are appealable
       decisions for the purposes of this Act —
           (a)     a decision by the executive member under section
                   33B(4); and
           (b)     a decision by an authorised officer under section
                   33B(4).
       Review by Administrative Review Tribunal
       33D. Application may be made to the Administrative Review
       Tribunal for the review of an appealable decision within the
       meaning of section 33C.‖.
2009                    Social Services (Amendment)                           13


Payments of benefits
   19.     Section 41 of the principal Act is amended by inserting after
subsection 41(3) the following —
           ―           (3A) A person who is a long-term care beneficiary
           must, in order to discharge his or her liability under subsection
           28A(3) to pay fees or charges due to the Hospital, direct that the
           fees and charges not exceeding 80% of the person‘s ordinary
           income be paid directly to the Hospital by the Administration from
           the person‘s benefit and that the balance of the benefit be paid to
           the person.‖.
Repeal and replacement of section 46
   20.     Section 46 of the principal Act is repealed and the following
substituted —
          “Death of beneficiary
               46.     (1)    When a beneficiary dies, there is payable to the
           estate of the deceased an amount equal to the amount that would
           have been payable to the beneficiary on a pro rata basis until the
           date of death.
                       (2)    If an amount is paid under subsection 46(1) in
           respect of a beneficiary, the Administration is not liable to any
           action, claim, demand or further payment in respect of the
           beneficiary.‖.
Exercise of powers – amendment of section 48
   21.      Section 48 of the principal Act is amended by deleting the words
―and that power be exercised by an authorised officer,‖ and replacing them
with the following:
            ―and that power has been delegated to an authorised officer,‖.
Regulations
   22.      Section 49 of the principal Act is amended by adding at the end —
            ―          (3)      The Regulations may prescribe —
                   (a)     the amount of income over a period of 12 months
                           ending on 30 June expressed in terms of weekly or
                           fortnightly income, and the value of assets
                           possessed by a person that will entitle or disentitle a
                           person to receive a benefit;
                   (b)     in relation to hospital and medical assistance —
                           (i)      the persons to whom they may, or may not,
                                    be paid; and
                           (ii)     a schedule of items for which they may be
                                    paid; and
                           (iii) conditions relating to the grant of payments;
                                    and
                           (iv)     circumstances where payments are not
                                    extended to claimants; and
2009                       Social Services (Amendment)                           14


                     (c)        the amount to be paid by beneficiaries of hospital
                                and medical assistance for pharmaceutical items;
                                and
                     (d)        the conditions for the payment of claims for a
                                benefit in respect of unemployment or
                                underemployment; and
                     (e)        the conditions for payment of claims for a benefit as
                                a result of sickness or accident; and
                     (f)        the periods for payment of benefits and hospital and
                                medical assistance.‖.
Incentives
       23.   The principal Act is amended by adding the following section 
             “Instrument allowing incentive payments
                 50.     (1)     The executive member may by a disallowable
             instrument make provision for the payment of incentives to persons
             who may become eligible for HMA to encourage the taking out
             and maintenance of private hospital and medical insurance in order
             to alleviate the financial burden on the Administration of providing
             HMA.
                         (2)     An instrument made under sub-section 50(1) and
             not disallowed expires on 30 June after making.
Minor and consequential amendments
    24.     The principal Act is further amended in accordance with the
Schedule by omitting the words in column 2 wherever appearing in the section
reference in column 1 and by replacing them with the words in column 3.
                                       SCHEDULE
Column 1        Column 2                         Column 3
Section         Omit                             Substitute
3               from definition of ―income‖ —
                ―his own use‖                    ―his or her own use‖
4(6), (7)       ―chairman of the Board‖          ―chairman‖
4(7)            ―he ceases‖                      ―he or she ceases‖
5(2)            ―he becomes‖                     ―he or she becomes‖
                ―he ceases‖                      ―he or she ceases‖
                ―his office‖                     ―his or her office‖
5(3)            ―his office‖                     ―his or her office‖
                ―by writing under his hand‖      ―in writing‖
                ―President‖                      ―Speaker‖
2009                         Social Services (Amendment)                          15



Column 1        Column 2                       Column 3
Section         Omit                           Substitue
6(1)(a)         ―he‖                           ―he or she‖
6(1)(b)         ―he, or his‖                   ―he or she, or his or her‖
6(1)(c)         ―he‖                           ―he or she"
6(2)            ―his‖                          ―his or her‖
                ―by writing under his hand‖    ―in writing‖
6(4)            ―his‖                          ―his or her‖
                ―he‖                           ―he or she‖
7(2)            ―chairman of the Board‖        ―chairman‖
8               ―his powers‖                   ―his or her powers‖
9               ―his membership‖               ―his or her membership‖
10(4)(a)        ―he shall‖                     ―he or she shall‖
11(3)           ―to him‖                       ―to him or her‖
13(2)           ―his absence‖                  ―his or her absence‖
13(4)(b), (c)   ―he is‖                        ―he or she is‖
14(1)           ―by him‖                       ―by him or her‖
14(1)(a)        ―his‖                          ―his or her‖
14(1)(b)        ―he‖                           ―he or she‖
15(2)(e)        ―childrens benefit‖            ―child benefit‖
15(4)           ―to him‖                       ―to him or her‖
16(1)(c)        ―his‖                          ―his or her‖
16(2)(a)        ―himself‖                      ―himself or herself‖
16(2)(b)        ―his claim‖                    ―his or her claim‖
17(1)(e)        ―his claim‖                    ―his or her claim‖
17(3)(a)        ―himself‖                      ―himself or herself‖
17(3)(b)        ―his claim‖                    ―his or her claim‖
17(3)(c )       ―his blindness‖                ―his or her blindness‖
17(3)(d)        ―he has‖                       ―he or she has‖
                ―his blindness‖                ―his or her blindness‖
18              ―he specifies‖                 ―the executive member specifies‖
                ―he is capable‖                ―the beneficiary is capable‖
19(2)           ―his‖                          ―his or her‖
19(3)           ―his‖                          ―his or her‖
20(1)(c)        ―his claim‖                    ―his or her claim‖
20(3)(a)        ―himself‖‘                     ―himself or herself‖
20(3)(b)        ―his claim‖                    ―his or her claim‖
21(2)(a)        ―his parents‖                  ―his or her parents‖
21(2)(e)(i)     ―his death‖                    ―his or her death‖
21(2)(e)(ii)    ―his death‖                    ―his or her death‖
                ―his becoming‖                  ―his or her becoming‖
22(1)(b)        ―or definitely‖                ―or indefinitely‖
2009                      Social Services (Amendment)                           16


Column 1     Column 2                       Column 3
Section      Omit                           Substitute
22(2)        ―childrens benefit‖            ―child benefit‖
22(3)        ―childrens benefit‖            ―child benefit‖
23(1)        ―childrens benefit‖            ―child benefit‖
24           ―childrens benefit‖            ―child benefit‖
25(a)        ―childrens benefit‖            ―child benefit‖
25(d), (e)   ―he determines‖                ―the executive member‖
26(1)(b)     ―himself and his dependants‖   ―himself or herself and his or her
                                            dependants‖
26(2)        ―he were‖                      ―he or she were‖
26(3), (4)   ―he determines‖                ―the executive member determines‖
27(2)        ―himself‖                      ―himself or herself‖
             ―his dependants‖               ―his or her dependants‖
28(2)(b)     ―he left‖                      ―he or she left‖
28(3)        ―childrens benefit‖            ―child benefit‖
28A(a)(ii)   ―Social Security Act 1947‖     ―Social Services Act 1991‖
30(2)        ―he considers‖                 ―he or she considers‖
31(1)        ―he believes‖                  ―he or she believes‖
             ―to him‖                       ―to him or her‖
32           ―he shall‖                     ―the executive member shall‖
             ―his reasons‖                  ―his or her reasons‖
             ―as the case may be‖
33(1)        ―him‖                          ―him or her‖
             ―his‖                          ―his or her‖
34(6)        ―he has‖                       ―he or she has‖
35           ―he specifies‖                 ―the executive member specifies‖
37(b)        ―his conviction‖               ―his or her conviction‖
37(d)        ―his spouse‖                   ―his or her spouse‖
39(2)        ―his blindness‖                ―his or her blindness‖
44(1)(a)     ―for himself‖                  ―for himself or herself‖
44(6)        ―he was convicted‖             ―he or she was convicted‖
Schedule
Part A       ―unmarried person‖             ―single person‖
             ―married person‖               ―member of a couple‖
             ―spouse‖                       ―partner‖
             ―his spouse‖                   ―his or her partner‖
Part C       ―childrens benefit‖            ―child benefit‖
Part D       ―childrens benefit‖            ―child benefit‖

								
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