Social Security (Assessment of Long Term Incapacity) (Jersey) Order 2004
Revised Edition
26.900.32
Showing the law as at 1 October 2004
This is a revised edition of the law
Social Security (Assessment of Long Term Incapacity) (Jersey) Order 2004
Arrangement
Article
1 Interpretation
2 Principles of assessment
3 Losses of faculty described in the Schedule
4 Losses of faculty not described in the Schedule
5 Interchangeable or complementary organs
6 Citation
SCHEDULE
PRESCRIBED DEGREES OF INCAPACITATION
Supporting Documents
Endnotes
Table of Legislation History
Table of Renumbered Provisions
Table of Endnote References
Social Security (Assessment of Long Term Incapacity) (Jersey) Order 2004
THE EMPLOYMENT AND SOCIAL SECURITY COMMITTEE, in pursuance of Article 16 and 51 of the Social Security (Jersey) Law 1974,[1] orders as follows –
Commencement [see endnotes]
1 Interpretation
In this Order, “Law” means the Social Security (Jersey) Law 1974.[2]
2 Principles of assessment
(1) The extent of a claimant’s incapacitation shall be assessed, by reference to the loss of faculty incurred by the claimant as a result of the relevant disease or injury, in accordance with the following general principles –
(a) the incapacitation to be taken into account shall be the whole of the loss of faculty to which, having regard to the claimant’s physical and mental condition at the date of the assessment, the claimant may be expected to be subject during the period taken into account by the assessment as compared with a person of the same age and sex whose physical and mental condition is normal;
(b) the question whether or not any incapacitation involves loss of earning power or additional expense shall be immaterial;
(c) the percentage of the degree of incapacitation incurred (whether as the result of one or more claims) shall not be taken to amount in the aggregate to more than 100%;
(d) incapacitation shall not be so treated as resulting from a relevant disease or injury in so far as the claimant would in any case have been subject to that incapacitation as the result of a congenital defect or of a disease or injury contracted or received before the relevant disease or injury;
(e) incapacitation shall not be so treated as resulting from a relevant disease or injury in so far as the claimant would not have been subject to that incapacitation but for some disease or injury that is contracted or received after the relevant disease or injury and is not directly attributable to the relevant disease or injury;
(f) the assessment shall be made without reference to any of the particular circumstances of the claimant except that person’s age, sex, and physical and mental condition.
(2) The general principles in sub-paragraphs (d) and (e) of paragraph (1) are subject to Article 5.
3 Losses of faculty described in the Schedule
(1) This Article applies where, as a result of the relevant disease or injury, the claimant has suffered a loss of faculty specified in the first column of the Schedule.
(2) The loss of faculty suffered by the claimant as a result of that disease or injury shall be treated for the purposes of Article 16 of the Law as resulting in the degree of incapacitation in the second column of the Schedule in respect of that disease or injury.
(3) However, where either of the circumstances in paragraph (4) applies, the assessment under this Article of the loss of faculty suffered by the claimant as a result of the relevant disease or injury shall be subject to such adjustment as is reasonable in the circumstances of the case.
(4) The circumstances to which this paragraph refers are –
(a) that as a result of the relevant disease or injury, and having regard to his or her physical and mental condition at the date of the assessment, the claimant may be expected to be subject to a greater degree of incapacitation than would normally be incurred as a result of such a disease or injury; or
(b) that apart from the relevant disease or injury, the part of the claimant’s body that is affected by the disease or injury would not have been normal at the date of the assessment.
4 Losses of faculty not described in the Schedule
For the purpose of assessing the extent of the incapacitation resulting from any disease or injury that is not specified in the Schedule, a medical board or a medical appeal tribunal may have such regard as is appropriate to the provisions of Article 3.
5 Interchangeable or complementary organs
(1) This Article applies where a claimant has suffered a relevant disease of or injury to an organ of his or her body that, in a person whose physical condition is normal, would be one of 2 similar organs whose functions are interchangeable or complementary (for example, the kidneys).
(2) Paragraphs (3) and (4) shall apply in assessing the extent of the incapacitation resulting from the relevant loss of faculty for any period during which the claimant may be expected to be subject to any incapacitation resulting from the relevant disease or injury.
(3) Any incapacitation in respect of the other organ to which the claimant would in any case have been subject by reason of a congenital defect, or a disease or injury that –
(a) is contracted or received before the relevant disease or injury; and
(b) is not attributable to any other disease or injury,
shall be treated as having been incurred as a result of the relevant disease or injury.
(4) Any incapacitation in respect of the other organ to which the claimant would not have been subject but for some disease or injury that –
(a) is contracted or received after the relevant disease or injury; and
(b) is not attributable to any other disease or injury,
shall also be treated as having been incurred as a result of the relevant disease or injury.
(5) However, the degree of incapacitation that shall be treated by reason of paragraph (3) as resulting from a relevant disease or injury shall be that appropriate to one-half of the percentage at which the extent of incapacitation resulting from the relevant disease or injury would otherwise be assessed under this Order.
(6) Paragraph (4) shall not in any event have effect unless the assessment in respect of the relevant loss of faculty would be thereby increased.
6 Citation
This Order may be cited as the Social Security (Assessment of Long Term Incapacity) (Jersey) Order 2004.
SCHEDULE
(Article 3)
PRESCRIBED DEGREES OF INCAPACITATION
Loss of faculty
Degree of incapacitation (percentage)
1.
Loss of both hands or amputation of higher sites
100
2.
Loss of a hand and a foot
100
3.
Double amputation through leg or thigh, or amputation through leg or thigh on one side and loss of other foot
100
4.
Loss of sight to such an extent as to render the claimant unable to perform any work for which eyesight is essential
100
5.
Very severe facial disfigurement
100
6.
Absolute deafness
100
AMPUTATION CASES - UPPER LIMBS (EITHER ARM)
7.
Amputation through shoulder joint
90
8.
Amputation below shoulder with stump less than 8 inches from tip of acromion
80
9.
Amputation from 8 inches from tip of acromion to less than 4½ inches below tip of olecranon
70
10.
Loss of hand or of the thumb and 4 fingers of one hand or amputation from 4½ inches below tip of olecranon
60
11.
Loss of thumb
30
12.
Loss of thumb and its metacarpal bone
40
13.
Loss of 4 fingers of one hand
50
14.
Loss of 3 fingers of one hand
30
15.
Loss of 2 fingers of one hand
20
16.
Loss of terminal phalanx of thumb
20
AMPUTATION CASES - LOWER LIMBS
17.
Amputation of both feet resulting in end-bearing stumps
90
18.
Amputation through both feet proximal to the metatarso-phalangeal joint
80
19.
Loss of all toes of both feet through the metatarso-phalangeal joint
40
20.
Loss of all toes of both feet proximal to the proximal inter-phalangeal joint
30
21.
Loss of all toes of both feet distal to the proximal inter-phalangeal joint
30
22.
Amputation at hip
90
23.
Amputation below hip with stump not exceeding 5 inches in length measured from tip of great trochanter
80
24.
Amputation below hip with stump exceeding 5 inches in length measured from tip of great trochanter, but not beyond middle thigh
70
25.
Amputation below middle thigh to 3½ inches below knee
60
26.
Amputation below knee with stump exceeding 3½ inches but not exceeding 5 inches
50
27.
Amputation below knee with stump exceeding 5 inches
40
28.
Amputation of one foot resulting in end-bearing stump
30
29.
Amputation through one foot proximal to the metatarso-phalangeal joint
30
30.
Loss of all toes of one foot through the metatarso-phalangeal joint
20
OTHER LOSSES OF FACULTY
31.
Loss of one eye, without complications, the other being normal
40
32.
Loss of vision of one eye, without complications or disfigurement of eyeball, the other being normal
30
LOSS OF FINGERS OF LEFT OR RIGHT HAND
Index finger –
33.
Whole
14
34.
Two phalanges
11
35.
One phalanx
9
36.
Guillotine amputation of tip without loss of bone
5
Middle finger –
37.
Whole
12
38.
Two phalanges
9
39.
One phalanx
7
40.
Guillotine amputation of tip without loss of bone
4
Ring or little finger –
41.
Whole
7
42.
Two phalanges
6
43.
One phalanx
5
44.
Guillotine amputation of tip without loss of bone
2
LOSS OF TOES OF LEFT OR RIGHT FOOT
Great toe –
45.
Through metatarso-phalangeal joint
14
46.
Part, with some loss of bone
3
Any other toe –
47.
Through metatarso-phalangeal joint
3
48.
Part, with some loss of bone
1
Two toes of one foot, excluding great toe –
49.
Through metatarso-phalangeal joint
5
50.
Part, with some loss of bone
2
Three toes of one foot, excluding great toe –
51.
Through metatarso-phalangeal joint
6
52.
Part, with some loss of bone
3
Four toes of one foot, excluding great toe –
53.
Through metatarso-phalangeal joint
9
54.
Part, with some loss of bone
3
Endnotes
Table of Legislation History
Legislation
Year and No
Commencement
Social Security (Assessment of Long Term Incapacity) (Jersey) Order 2004
R&O.88/2004
1 October 2004
Table of Renumbered Provisions
Original
Current
6
spent, omitted from this revised edition
7
6
Table of Endnote References
[1]
chapter 26.900
[2]
chapter 26.900
