Social
Security (Maternity Benefit) (Jersey) Order 1975[2]
PART 1
PROVISIONS RELATING TO
MATERNITY GRANT
1 Maternity grants in
respect of multiple births
A woman who is confined of twins or a greater number of children
shall, if the other conditions for the payment of a maternity grant are
satisfied in respect of the confinement, be entitled in respect thereof to a
maternity grant for each of them who is living at the expiration of 12 hours
after the time of the child’s birth; but it shall be a condition for such
entitlement that, before the expiration of the prescribed time for making a
claim for a maternity grant, she makes a claim therefor and furnishes, by such
means as the determining authority shall accept as sufficient, evidence as
to –
(a) the number of children of whom she was
confined; and
(b) of such children, the number surviving
birth by at least 12 hours.
2 Maternity grant in
respect of expectation of confinement
In a case where a woman makes a claim for a maternity grant and
indicates therein that she desires that the provisions of Article 21 of
the Law shall apply to her with the substitution, for the condition that she
has been confined, of the condition that she is pregnant and has reached a
stage in her pregnancy which is not more than 13 weeks before the date on which
it is to be expected that she will be confined –
(a) that Article shall so apply to her in
relation to that claim; and
(b) in their application to such a case, the
contribution conditions for a maternity grant as set out in paragraph 5 of
Schedule 2 to the Law shall apply as if for sub-paragraph (2)(b) of
that paragraph, there were substituted the following –
“(b) the expression “relevant quarter” means the previous quarter but one before the quarter in which it is to be expected that the claimant will be
confined or –
(i) where the relevant person is the spouse and he or she was dead
or over pensionable age on the date of the making of the claim, the date of his
or her attaining pensionable age or dying under that age, and
(ii) where
the relevant person is the civil partner and she was dead or over pensionable
age on the date of the making of the claim, the date of her attaining
pensionable age or dying under that age.”[4]
3 Confinements occurring
outside Jersey
A woman shall not be disentitled to a maternity grant by reason only
of her confinement occurring outside Jersey:
Provided that, in the case of such a woman, the contribution
conditions set out in paragraph (5)(1) of Schedule 2 to the Law shall
apply as if, for the said sub-paragraph, there were substituted the following –
“(1) The
contribution conditions for maternity grant are that –
(a) the relevant person had
paid contributions prior to the end of the relevant quarter and the annual
contribution factor derived from those contributions is not less than 0.25; and
(b) the relevant person has
paid or been credited with contributions in respect of the relevant quarter and
the quarterly contribution factor derived from those contributions is not less
than 1.00.”.[5]
PART 2
PROVISIONS RELATING TO
MATERNITY ALLOWANCE
4 Conditions attaching to
a maternity allowance in respect of expectation of confinement
(1) For the purposes of Article 22(1)(a)
of the Law the prescribed number of weeks shall be 13.[6]
(2) A woman who has made a claim for a
maternity allowance in respect of expectation of her confinement, unless the
confinement has already occurred, shall, on receipt of not less than 3 clear
days’ notice in writing given by or on behalf of the Minister, submit herself
to medical examination at such time and place as may be specified in the
notice.
5 Duration of maternity
allowance in respect of expectation of confinement
(1) [7]
(2) Where a woman has become entitled to a
maternity allowance in respect of expectation of her confinement and the date
of the confinement has not occurred by the beginning of the 8th day after the
expected date of confinement, the period referred to in Article 22(2) of
the Law shall be extended by one day for every day during which the pregnancy
continues after the expected date of confinement.[8]
(3) Where a woman has made a claim for a
maternity allowance in respect of expectation of her confinement and intended
the maternity allowance period to commence on the expected date of confinement
but confinement has not occurred by that date, if she continues to work until
the actual date of confinement –
(a) the maternity allowance
period shall commence from the actual date of confinement, provided that the
woman has not worked in employment or as a self-employed person on that date;
and
(b) there shall be no
reduction in the period during which the maternity allowance is payable.[9]
(4) No maternity allowance period shall be
extended under paragraph (2) or commenced under paragraph (3) unless
the claimant gives to the Minister written notice, in such form as may be
approved by the Minister, that she has been confined and the notice is so given
within 6 weeks, or such longer period not exceeding 3 months as the
determining authority may allow, of the date of confinement.[10]
6 Confinement occurring
before claim for maternity allowance made[11]
In relation to a case where a woman has been confined without having
previously made a claim for a maternity allowance in respect of expectation of
the confinement (other than any claim which has been disallowed), Article 22(1)
of the Law shall have effect as if for the condition for entitlement to a
maternity allowance contained in sub-paragraph (a) of that paragraph,
there were substituted the condition that the woman has been confined.
7 Partial satisfaction of
contribution conditions and reduced rates of benefit
(1) Where a woman would be entitled to a
maternity allowance but for the fact that the contribution condition set out in
paragraph 4(1)(b) of Schedule 2 to the Law is not satisfied, that woman
shall nevertheless be entitled to benefit, at a reduced rate ascertained in
accordance with paragraph (2) of this Article, if the quarterly
contribution factor derived from contributions paid by or credited to her in
respect of the relevant quarter is not less than 0.33.
(2) Where a woman is entitled to a maternity
allowance under paragraph (1), the allowance shall be payable at such
weekly rate as bears the same relationship to the weekly rate of maternity
allowance set out in Part 1 of Schedule 1 to the Law as the quarterly
contribution factor derived from contributions paid by or credited to her in
respect of the relevant quarter bears to a quarterly contribution factor of
1.00.
8 Disqualification for
the receipt of a maternity allowance
(1) A woman shall be disqualified for receiving
a maternity allowance –
(a) if, during the period for
which the allowance is payable, she does any work as an employed or
self-employed person (including any such work which by virtue of any Order made
under the Law is to be disregarded for the purpose of the classification of
insured persons), and such disqualification shall be for such part of the said period
(but for not less than the number of days on which the woman so worked during
the said period) as may be decided by the determining authority;
(b) if, during the said period,
she fails without good cause to observe the following rule of behaviour,
namely, to take due care of her health and to answer any reasonable enquiries
(not being enquiries relating to medical examination, treatment or advice) by
the Minister or an officer in an administration of the States for which the
Minister is assigned responsibility directed to ascertaining whether she is
doing so, and such disqualification shall be for such part of the said period
as may be decided by the determining authority; or
(c) if she fails without good
cause to attend for or to submit herself to any medical examination required in
accordance with Article 4(2), and such disqualification shall be for such part
of the said period (being a part beginning not earlier than the day on which
the failure occurs) as may be decided by the determining authority, subject to
the qualification that in the event of her being confined after such failure she
shall not by reason of such failure be so disqualified for the day on which the
confinement occurs or any day thereafter.
(2) References in this Article to the period
for which a maternity allowance is payable shall be construed as references to
the period mentioned in Article 22(2) of the Law or, in a case in relation
to which that paragraph is modified in accordance with the provisions of this Part,
as references to the period mentioned in that paragraph as so modified.
(3) For the purposes of paragraph (1)(a), work
means any work undertaken on more than 10 days, whether consecutive or
not, and includes training or any activity undertaken for the purposes of
keeping in touch with the workplace but excludes –
(a) any work carried out in
the 2 weeks immediately following the date of childbirth; and
(b) reasonable contact from
time to time between the woman and her employer during the maternity allowance
period.[12]
PART 3
GENERAL
9 Interpretation
In this Order –
“determining authority” means, as the case may require, the
determining officer or the Social Security Tribunal;
“Law” means the Social Security (Jersey) Law 1974.
10 Citation
This Order may be cited as the Social Security (Maternity Benefit)
(Jersey) Order 1975.