Social Security (Amendment No. 19) (Jersey) Law 2011

A LAW to amend further the Social Security (Jersey) Law 1974.

Adopted by the States                                          10th December 2010

Sanctioned by Order of Her Majesty in Council          10th May 2011

Registered by the Royal Court                                       3rd June 2011

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law –

1        Interpretation

In this Law “principal Law” means the Social Security (Jersey) Law 1974[1].

2        Article 50 substituted

For Article 50 of the principal Law there shall be substituted the following Article –

“50    Power to amend Law by Regulations

(1)     The States may by Regulations amend in this Law –

(a)     in respect of insured persons –

(i)      who is an insured person for the purposes of this Law,

(ii)      the classification of insured persons for the purposes of this Law,

(iii)     the liability of insured persons to pay contributions,

(iv)     the amounts of the contributions payable by insured persons,

(v)     the circumstances in which an insured person is entitled to a contribution credit, rules for calculation of contribution credits and circumstances in which an insured person is or may be entitled to a backdated contribution credit;

(b)     in respect of employers of insured persons –

(i)      who is an employer of an insured person for the purposes of this Law,

(ii)      the liability of employers of insured persons to pay contributions in respect of those persons,

(iii)     the amounts of the contributions payable by employers of insured persons in respect of those persons;

(c)     in respect of the collection of contributions, the manner in which, when and by whom contributions are to be paid;

(d)     in respect of benefits –

(i)      the descriptions of benefit,

(ii)      who is entitled to a benefit of any description,

(iii)     the conditions for a person’s entitlement to a benefit of any description,

(iv)     the period or periods for which a person is entitled to a benefit of any description,

(v)     the rate or amount of any benefit (including a standard rate of benefit),

(vi)     the circumstances in which and the extent to which any benefit shall or may be backdated;

(e)     in respect of the Social Security Fund –

(i)      the rules for calculation of amounts to be allocated to the Health Insurance Fund before contributions are paid into the Social Security Fund,

(ii)      the purposes for which money shall be paid out of the Social Security Fund and, where appropriate, how the amount to be paid out is to be determined;

(f)      any provision for the payment of money into the Social Security Fund by the States –

(i)      where the States is or is to be required to make payments, as to how the amounts are to be determined, the periods to which they are to relate and when they are to be paid, or

(ii)      so as to remove any obligation for the States to make payments into the Fund.

(2)     Without prejudice to the generality of paragraph (1)(a)(iii) and (iv) Regulations may –

(a)     amend the definition ‘earnings’ in Article 1;

(b)     add a definition ‘income’ in Article 1;

(c)     amend this Law to provide that an insured person’s contributions are calculated by reference to the person’s income; and

(d)     amend this Law to provide for the determination of the amount of an individual’s earnings or income for a specified period.

(3)     The States may by Regulations amend this Law so as to provide for the aggregation of contributions of different classes.

(4)     Regulations made under this Article may also, for the purposes of supplementing any amendment made pursuant to paragraphs (1) to (3) –

(a)     amend in this Law any power to make an Order; and

(b)     amend this Law to provide that any further matter shall or may be made by Order.

(5)     Regulations made under this Article may amend any other enactment consequentially upon any amendment of this Law made pursuant to paragraphs (1) to (3).

(6)     Regulations made under this Article shall not amend this Article or Article 51.

(7)     Draft Regulations to be made by the States under this Article may only be lodged by the Minister.”.

3        Article 51 amended

In Article 51(2) of the principal Law after the words “may contain such” there shall be inserted the word “transitional,”.

4        Citation and commencement

This Law may be cited as the Social Security (Amendment No. 19) (Jersey) Law 2011 and shall come into force 7 days after it is registered.

m.n. de la haye

Greffier of the States

 


 



[1]                                    chapter 26.900


Page Last Updated: 27 Apr 2016