Food Costs Bonus (Jersey)
Regulations 2016
PART 1
INTERPRETATION
1 Interpretation
(1) In these Regulations,
unless the context otherwise requires –
“2007 Law” means the Income Support (Jersey) Law 2007;
“adult” has the same meaning as in the 2007 Law;
“bonus” means a Food Costs Bonus referred to in Regulation 2;
“Minister” means the Minister for Social Security.
(2) In these Regulations –
(a) references
to a household are to be construed in the same way as they are for the purposes
of the 2007 Law; and
(b) references
to a person being a member of a household are to be construed in accordance
with Article 5 of the Income
Support (General Provisions) (Jersey) Order 2008.
PART 2
ENTITLEMENT TO BONUS
2 Payment
of bonus
The Minister must pay a Food Costs Bonus –
(a) on behalf of a
household that qualifies for it under Regulation 3;
(b) to a member of that
household who applies for it in accordance with Regulation 4;
(c) in the amount specified
in Regulation 5 for the year in relation to which the application is made.
3 Qualifying
conditions
(1) A household qualifies
for a bonus in a year if it meets all of the conditions in paragraphs (2)
to (5) in relation to that year.
(2) The first condition is
that no person has received on behalf of the household any payment which –
(a) relates
to any of the 7 days preceding the day on which the application is made
for the bonus;
(b) is
made under the 2007 Law; and
(c) is
not an exempt payment under paragraph (6).
(3) The second condition is
that where an application for a bonus is made on behalf of the household no
member of the household was served with a notice of assessment under Article 25
of the Income Tax (Jersey) Law 1961 showing a liability to
income tax for the year of assessment preceding the year to which the
application relates.
(4) The third condition is
that at least one member of the household –
(a) is
an adult on the date on which the application for the bonus is made; and
(b) subject
to paragraphs (7) to (9), has been ordinarily resident in Jersey for a
continuous period of 5 years immediately preceding the date on which the
application for the bonus is made.
(5) If a household resides
entirely in residential care that household shall only be eligible for a bonus
if the conditions in paragraphs (2), (3) and (4) are satisfied and no
member of the household has received a benefit referred to in Article 4(1)(b)
of the Long-Term Care (Jersey) Law 2012 which relates to any of the
7 days preceding the day on which the application for the bonus is made.
(6) A payment made on
behalf of a household is exempt if –
(a) it
is, or it includes, a protected payment under the Income
Support (Transitional Provisions) (Jersey) Order 2008; or
(b) in
the case of –
(i) a household not
residing entirely in residential care, it is a special payment under the 2007 Law,
or
(ii) a
household residing entirely in residential care, it is a special payment under
the Income Support (Special
Payments) (Jersey) Regulations 2007.
(7) A person resident
outside Jersey is nevertheless to be treated as being ordinarily resident in
Jersey for any part of the period specified in paragraph (4)(b) in which
that person’s principal residence is in Jersey.
(8) A person detained by
virtue of a sentence of imprisonment, youth detention or similar punishment
(whether in Jersey or elsewhere) is not to be treated as ordinarily resident in
Jersey for the period during which the person is so detained.
(9) The period during which
a person was ordinarily resident in Jersey immediately prior to a detention
referred to in paragraph (8) is to be treated as if it immediately
preceded the person’s release from that detention.
(10) In this Regulation –
“residential care” means services provided at an
institution consisting of –
(a) board
and lodging; and
(b) assistance
with activities that are part of normal daily living (such as bathing,
dressing, grooming, eating, medication management, money management and
recreation).
4 Application
for bonus
(1) An application for a
bonus must be made to the Minister –
(a) in
the year to which it relates;
(b) on
behalf of a qualifying household by a member of that household who meets the
condition in Regulation 3(4).
(2) Only one application
for a bonus may be made for any one year on behalf of any one qualifying
household.
5 Amount
of bonus
For the years 2017, 2018 and 2019 the amount of the
bonus is £226.95.
PART 3
PROCEDURAL AND MISCELLANEOUS PROVISIONS
6 Applications,
determinations and appeals
The Schedule, which provides procedures for applications,
determinations and appeals, has effect.
7 Offences
(1) A person must not, with
intent to obtain a bonus, whether on behalf of that person or of another person
or of any household –
(a) furnish
any information that he or she knows to be false in a material particular;
(b) recklessly
furnish any information that is false in a material particular; or
(c) withhold
any material information.
(2) A person must not
obtain or receive a bonus, whether on behalf of that person or of another
person or of any household, knowing that it was not properly payable to, or not
properly receivable by, him or her.
(3) A person who
contravenes paragraph (1) or (2) shall be guilty of an offence and liable
to imprisonment for a term of 2 years and to a fine.
(4) Where an offence under paragraph (3)
committed by a limited liability partnership, a separate limited partnership,
any other partnership having separate legal personality or a body corporate is
proved to have been committed with the consent or connivance of –
(a) a
person who is a partner of the partnership, or director, manager, secretary or
other similar officer of the body corporate; or
(b) any
person purporting to act in any such capacity,
the person is also guilty of the offence and liable in the same
manner as the partnership or body corporate to the penalty provided for that
offence.
(5) Where the affairs of a
body corporate are managed by its members, paragraph (4) applies in
relation to acts and defaults of a member in connection with the member’s
functions of management as if he or she were a director of the body corporate.
8 Citation
and duration
(1) These Regulations may
be cited as the Food Costs Bonus (Jersey) Regulations 2016.
(2) These Regulations come
into force on 1st July 2017 and, unless earlier revoked, they remain
in force for 3 years.
SCHEDULE[1]
(Regulation 6)
APPLICATIONS, DETERMINATIONS AND APPEALS
1 Interpretation
In this Schedule, unless the context otherwise requires –
“applicant” means a person who has made an application
for a bonus under these Regulations;
“determining officer” means a determining officer as
defined in the 2007 Law or as appointed under Article 33 of the Social Security (Jersey) Law 1974;
“Registrar” shall be construed in accordance with Article 4
of the Social Security (Determination of Claims and
Questions) (Jersey) Order 1974;
“Royal Court” means the Inferior Number of the Royal
Court;
“Tribunal” means the Social Security Tribunal
constituted under Article 8 of the Social Security (Determination of Claims and
Questions) (Jersey) Order 1974.
2 Manner
in which applications are to be made
(1) An application
for a bonus must be made to the Minister on a form approved by the Minister, or
in such other manner as the Minister may accept as sufficient in the
circumstances for the case.
(2) An application is
treated as having been made on the day on which it is received by the Minister
at an office approved by the Minister for the receiving of applications.
(3) If an application is
defective at the date when it is received or has been made in a manner
otherwise than as required by sub-paragraph (1), the Minister may refer
the application to the applicant or, as the case may be, supply him or her with
the form, and if the form is received properly completed within 14 days
from that date on which the application is so referred, or the form is so
supplied, to the applicant, the Minister must treat the application as if it
had been duly made in the first instance.
(4) An applicant may, by
notice in writing to the Minister, amend an application at any time before the
application is determined and the Minister may treat the application as if it
had been made as so amended in the first instance.
3 Late
application
If in any case the applicant proves that there was good cause for a
failure to make the application before the date on which it was made, the time
prescribed by Regulation 4(1)(a) for making that application is extended
to the date on which the application is made, subject to maximum extension of 6 months.
4 Extinguishment
of right to sum payable by way of bonus
(1) The right to payment of
any sum by way of bonus is extinguished where payment of the sum is not
obtained within the period of 2 years from the date on which the right is
to be treated as having arisen.
(2) For the purpose of this
paragraph the right is to be treated as having arisen –
(a) in
relation to any such sum contained in an instrument of payment which has been
given or sent, for the purposes of making payment of that sum, to the applicant
or to an approved place for collection by the applicant (whether or not
received or collected as the case may be), notwithstanding that that sum is
greater or less than the sum to which the applicant has the right to payment –
(i) on the date on
the said instrument of payment, or
(ii) if
a further instrument of payment has been so given or sent as a replacement for
an instrument of payment previously given or sent, on the date on the last such
instrument of payment;
(b) in
relation to any such sum to which clause (a) does not apply, but where
notice is given (whether orally or in writing) or is sent that the sum
contained in the notice is available for collection, notwithstanding that that
sum is greater or less than the sum to which the applicant has the right to
payment –
(i) if written notice
is sent through the post, on the date on which it would be delivered in the
ordinary course of post, and
(ii) in
any other case, on the date of the notice,
and if more than one such notice is given or sent, on the date
determined by reference to the first such notice;
(c) in
relation to any such sum to which neither clause (a) nor (b) applies,
on such date as the Minister determines.
(3) Where a question arises
whether the right to payment of any sum by way of bonus has been extinguished
by the operation of this paragraph and the determining officer or the Tribunal
is satisfied that –
(a) after
the expiration of the said period of 2 years the Minister has received
notice requesting payment of that sum; and
(b) throughout
a period commencing within the said period of 2 years and continuing up to
the day on which the notice was given there was good cause for not giving that
notice,
the said period of 2 years is extended to the date on which the
determining officer or the Tribunal decides that question, and, for the
purposes of the operation of this paragraph, after that decision the right to
payment of that sum is to be treated as having arisen on that date.
(4) This paragraph applies
to a person authorized or appointed to act on behalf of an applicant as it
applies to an applicant.
5 Information
and evidence in support of an application
(1) An applicant or such
other adult member of the household as the determining officer may specify must
furnish such certificates and other documents and information as the
determining officer may require in connection with the application and, if
reasonably so required, must for that purpose attend at such office or place as
the determining officer may direct.
(2) Without prejudice to
the generality of sub-paragraph (1) and paragraph 2(1), the Minister
may require the application to contain at least the following information –
(a) the
address of the household;
(b) in
relation to each adult member of the household, including the applicant, that
person’s –
(i) title and full
name (including any previous surname),
(ii) date
of birth,
(iii) social
security number,
(iv) relationship
to the applicant, and
(v) employment status;
(c) a
copy of any notice of assessment under Article 25 of the Income Tax (Jersey) Law 1961 for the preceding year
related to any adult member of the household, including the applicant; and
(d) in
relation to the applicant only –
(i) confirmation of
that person’s period of ordinary residence in Jersey, and
(ii) details
of a bank account, if available, into which the bonus can be paid, including
the name of the bank, the sort code, the account number and the name of the
account holder.
(3) The determining officer
may treat an application as not having been made unless and until each adult
member of the household has taken any step requested of that member by the
determining officer to assist in enabling the Comptroller of Taxes to release
to the determining officer any information that –
(a) is
held by the Comptroller; and
(b) is
required by the determining officer in order to determine whether the household
meets the second condition, as set out in Regulation 3(3).
6 Persons
unable to act
(1) In the case of an
applicant who is unable to act who –
(a) has
not been received into guardianship in pursuance of a guardianship application
under Article 29 of the Mental Health (Jersey) Law 2016; and
(b) does
not have, acting on his or her behalf –
(i) a delegate
appointed under Part 4 of the Capacity and Self-Determination (Jersey)
Law 2016, or
(ii) a
person acting under the authority of a lasting power of attorney conferred
under Part 2 of that Law,
(2) However, such
appointment terminates –
(a) if
the applicant is received into guardianship or has appointed, in relation to
him or her, such a person as mentioned in paragraph (1)(b);
(b) at
the request of the person appointed;
(c) if revoked
by the Minister; or
(d) if
the applicant becomes able to act.
7 Functions
of determining officers
(1) An application for a
bonus must be determined by a determining officer and where required under paragraph 8,
redetermined by a second determining officer.
(2) The determining officer
must notify in writing the applicant (or other person acting on his or her
behalf) and all the other adult members of the applicant’s household –
(a) of
every adverse determination or decision made in respect of the household and
the reasons for it; and
(b) of
their rights to challenge an adverse determination or decision, as set out in
sub-paragraph (3) in the case of a first determination or as set out in
sub-paragraph (4) in the case of a redetermination.
(3) In the case of an
adverse first determination, the determining officer must notify the other
persons mentioned in sub-paragraph (2) –
(a) of
the right of any of them to have every adverse determination or decision
reconsidered by a second determining officer;
(b) that
this right must be exercised within 21 days of the person receiving notice
of the determination or decision; and
(c) that
if the right is not exercised there is no right of further appeal.
(4) In the case of an
adverse redetermination, the determining officer must notify the other persons
mentioned in sub-paragraph (2) of the right of any of them to appeal to
the Tribunal.
(5) Where the determining
officer or, in the case of a redetermination, the second determining officer,
has determined that the household is entitled to an award and the amount of the
award, he or she must allow payment to be made.
8 Reconsideration
by second determining officer
If an applicant or an adult member of the applicant’s
household is dissatisfied with any determination under paragraph 7 that is
made by a first determining officer considering the matter, he or she may
require the matter to be reconsidered by a second determining officer at any
time within 21 days of receiving notice of the decision or determination.
9 Appeals
to Tribunal
(1) If an applicant or an
adult member of the applicant’s household is dissatisfied with any
redetermination by a second determining officer, he or she may appeal to the
Tribunal within 14 days of receiving notification of the decision.
(2) An appeal made outside
the 14 day period, but within 28 days of receiving notification of
the determination, may be allowed with the consent of the chairman of the
Tribunal.
(3) Every appeal must be
made in writing to the Registrar on a form approved by the Registrar for that
purpose, or in such manner as the Registrar may accept as sufficient in the
circumstances of the case.
10 Further
particulars
(1) The Tribunal may at any
time require the applicant or the determining officer to furnish it with
further particulars in writing and within such time as it may direct with
regard to any appeal, and may at any stage of the proceedings allow the
amendment of any application for appeal or any statement or particulars and
extend the time for furnishing any statement or particulars.
(2) If, after the
expiration of the time, or where the time has been extended, expiration of the
extended time, for furnishing any statement or particulars under sub-paragraph (1),
the applicant has failed to do so, the appeal is to be treated as having been
abandoned.
11 Special
procedure in cases of groundless appeals
(1) Where, in the opinion
of a determining officer, an application for appeal is made on grounds that are
bound to fail, the determining officer may, within 14 days of receiving
the application, request the Registrar to place the papers before the chairman
or deputy chairman of the Tribunal.
(2) If, on considering the
papers, the chairman or deputy chairman of the Tribunal is of the opinion that
the appeal is bound to fail, he or she must send a notice to the applicant
stating that –
(a) he or
she has considered the application for appeal and is of the opinion that the
appeal is bound to fail; and
(b) unless
the applicant renews his or her application to the Tribunal within 14 days
of receiving the notification, the appeal will be treated as having been
abandoned.
12 Decision
without a hearing
If the applicant and the Minister agree and the Tribunal thinks that
the case can properly be determined on the particulars supplied by the parties
without a hearing, it may decide the matter without a hearing on the
particulars so supplied.
13 Procedure
of Tribunal
(1) The parties to the
appeal are the applicant and the Minister and each party or any person acting
on behalf of that party may make representations to the Tribunal.
(2) The Tribunal must sit
in public unless the Tribunal considers it necessary to sit in private.
(3) However, no person
other than the Registrar may be present while the Tribunal is considering its
decision.
(4) The Tribunal may
adjourn the hearing from time to time as it thinks fit.
(5) The Tribunal may, if it
thinks fit, admit any duly authenticated written statement or other material as
prima facie evidence of any fact or facts in
any case in which it thinks it just and proper to do so.
(6) The Tribunal may, if it
thinks fit, call for such documents and examine such witnesses as appear to it
likely to afford evidence relevant and material to the issue, although not
tendered by either the applicant or the Minister.
(7) If, after notice of the
hearing has been duly given, the applicant or the Minister fails to appear at
the hearing, the Tribunal may proceed to determine the appeal notwithstanding
the absence of both or either of them, or may give such directions with a view
to the determination of the application as the Tribunal thinks just and proper.
(8) The Tribunal may
require any party to proceedings before the Tribunal under this Schedule or any
witness in the proceedings to give evidence on oath and, for that purpose, the
chairman or deputy chairman presiding over the Tribunal has power to administer
an oath.
(9) Where, in connection
with the determination of any application, there is before the Tribunal medical
advice or medical evidence relating to the applicant that has not been
disclosed to the applicant and, in the opinion of the chairman or deputy
chairman, the disclosure to the applicant of that advice or evidence would be
harmful to the applicant’s health, such advice or evidence is not
required to be disclosed to the applicant, but the Tribunal is not by reason of
such non-disclosure precluded from taking it into account for the purpose of
the appeal.
(10) On the appeal of any case
under this paragraph, the Tribunal may confirm, reverse or vary the decision of
the second determining officer and must give its decision in public.
(11) The decision of the majority
of the members of the Tribunal is the decision of the Tribunal and there must
be a written record of the decision signed by the chairman or deputy chairman
as the case may be which –
(a) includes
the names of the Tribunal members;
(b) includes
the reasons for the decision; and
(c) records
any dissent and the reasons for such dissent,
and the Registrar must send a copy of such written record to the parties
as soon as practicable after the appeal has taken place.
(12) Where the Tribunal has made a
decision adverse to the applicant, the applicant must be advised that the
decision on the facts is final but that he or she may appeal to the Royal Court
on a point of law.
(13) Subject to this paragraph,
the Tribunal may regulate its own procedure.
14 Appeals
and references
(1) A person aggrieved by a
decision of the Tribunal, may on a point of law only, appeal to the Royal
Court.
(2) An appeal under paragraph (1)
may only be made with leave of the Tribunal or the Royal Court, and must be
made before the end of the period of 4 weeks beginning with the date of
the Tribunal’s written decision.
(3) An application for
leave to appeal under paragraph (2) may include an application to stay a
decision of the Tribunal pending the appeal.
(4) No appeal shall lie
from a decision of the Tribunal refusing leave for the institution or
continuance of, or for the making of an application in, proceedings by a person
who is the subject of an order under Article 1 of the Civil Proceedings (Vexatious Litigants)
(Jersey) Law 2001.
(5) On hearing an appeal
under this Article the Royal Court may –
(a) confirm
the decision of the Tribunal wholly or in part;
(b) vary
the decision of the Tribunal;
(c) quash
the decision of the Tribunal wholly or in part; or
(d) remit
the decision, wholly or in part, to the Tribunal to be retaken.
(6) The Tribunal or a
determining officer may refer any point of law to the Royal Court for the Royal
Court to give a ruling on the point.
15 Administrative
expenses
The Minister may pay to any member of the Tribunal who exercises any
functions under these Regulations, and any other person whose advice or
assistance may be required for the purposes of these Regulations by the
Tribunal or by a determining officer, such remuneration and expenses as the
Minister may determine.
16 Recovery
of awards wrongly made
(1) If it is found at any
time that any award has been paid that was not properly payable, the Minister
may require it to be repaid –
(a) if it
was paid to a person in his or her own right or on behalf of a qualifying
household, by that person; or
(b) if it
was paid to a person on behalf of another person or a qualifying household, by
that person, by that other person or by a member of that household.
(2) If it is found at any
time that any award properly payable has been paid to a person not being a
person by whom it was properly receivable, the Minister may require it to be
repaid by the person to whom it was paid.
(3) In case of the death of
a person who could be required to repay a sum under this paragraph, the
Minister may require it to be repaid by the person charged with the administration
of the deceased person’s personal estate.
(4) Proceedings for the
recovery of any sum which a person is required under this paragraph to repay to
the Minister may be instituted by the Treasurer of the States and
notwithstanding any enactment or rule of law to the contrary, any such
proceedings may be brought at any time within 10 years from the time when
that sum was paid, or, where the proceedings are for the recovery of a
consecutive series of sums, within 10 years from the date on which the
last sum of the series was paid.
(5) Any sum which a person
is required under this paragraph to repay to the Minister may, without
prejudice to any other remedy, be recovered by means of deduction from any
other payment due under these Regulations to the person to whom the sum was
paid, unless it was paid to that person on behalf of another, in which case it
may, without prejudice to any other remedy, be recovered by means of deduction
from any payment due under these Regulations to that other person.
17 Notices
Any notice, notification or other document required or authorized by
this Schedule to be given to any person is deemed to have been given or sent if
it was sent by post to that person at the person’s ordinary or last known
address.