Jersey Law 22/1974

 

SOCIAL SECURITY (JERSEY) LAW, 1974,

 

SANCTIONED BY

 

ORDER OF HER MAJESTY IN COUNCIL

 

dated 20th September, 1974.

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(Registered on 7th October, 1974).

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ARRANGEMENT OF ARTICLES.

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Article

PART I

INTRODUCTORY

  1.

Interpretation

  2.

General administration

PART II

INSURED PERSONS AND CONTRIBUTIONS

  3.

Description and classification of insured persons

  4.

Source of funds

  5.

Class 1 contributions

  6.

Persons to be treated as employers

  7.

Methods of paying Class 1 contributions

  8.

Class 2 contributions

  9.

Supplementation of contributions

10.

Exceptions from liability and crediting of contributions

11.

General contribution provisions

PART III

BENEFIT

12.

Descriptions of benefit

13.

Rates and amounts of benefit

14.

Contribution conditions

15.

Right to, and description of, incapacity benefit

16.

General provisions concerning incapacity benefit

17.

Right to, and description of, accident benefit

18.

Injury benefit

19.

Disablement benefit

20.

General provisions concerning accident benefit

21.

Maternity grant

22.

Maternity allowance

23.

Supplementary provisions as to maternity benefit

24.

Widow’s benefit

25.

Old age pensions

26.

Death grant

27.

Increase of benefit for adult dependants

28.

Overlapping benefits, etc

29.

Supplementary provisions as to benefit

PART IV

FINANCE, ADMINISTRATION AND LEGAL PROCEEDINGS

30.

Social Security Fund

31.

Social Security (Reserve) Fund

32.

Actuarial reports

33.

Determination of claims and questions

34.

Determination of questions relating to accidents

35.

Powers of inspection

36.

General provisions as to offences and penalties

37.

General provisions as to prosecutions

38.

Civil proceedings to recover sums due to Social Security Fund

39.

Recovery of sums due to Social Security Fund by deductions from earnings

40.

Benefit and assessment of damages

41.

Recovery in bankruptcy, etc

42.

Advisory Council

PART V

MISCELLANEOUS AND GENERAL

43.

Crown servants and members of armed forces

44.

Mariners and airmen

45.

Married women

46.

Insured persons outside the Bailiwick

47.

Persons over age sixty

48.

Reciprocal agreements with other countries.

49.

Oath of office

50.

Power to amend law

51.

General provisions as to acts, regulations and orders

52.

Repeals and consequential provisions

53.

Amendment of Health Insurance (Jersey) Law, 1967

54.

Provisions as to commencement

55.

Short title

Schedules

First Schedule -

Part I. Rates of benefit

Part II. Amounts of grants

Part III. Increase for adult dependant

Second Schedule: Contribution conditions -

Sickness benefit

Invalidity benefit

Accident benefit

Maternity allowance

Maternity grant

Widow’s benefit and old age pension

Death grant

Third Schedule: Oaths of office -

Form of oath to be taken by Controller

Form of oath to be taken by other officers

Fourth Schedule: Social Security Tribunal

Fifth Schedule: Amendment of Health Insurance (Jersey) (Jersey) Law, 1967

Sixth Schedule: Enactments repealed


SOCIAL SECURITY (JERSEY) LAW, 1974.

____________

A LAW     to establish a new scheme of social security to replace that contained in the Insular Insurance (Jersey) Law, 1950, and to provide for connected purposes, sanctioned by Order of Her Majesty in Council of the

 

20th day of SEPTEMBER, 1974.

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(Registered on the 7th day of October, 1974).

____________

 

STATES OF JERSEY.

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The 14th day of May, 1974.

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

PART I

INTRODUCTORY

ARTICLE 1

INTERPRETATION

(1)           In this Law, unless the context otherwise requires –

“the appointed day” has the meaning assigned thereto by Article 54;

“benefit” means benefit under this Law;

“the Committee” has the meaning assigned thereto by Article 2;

“contract of service” means any contract of service or apprenticeship, whether written or oral, and whether expressed or implied;

“earnings” includes any remuneration or profit derived from a gainful occupation;

“earnings limit” has the meaning assigned thereto by Article 5;

“employed person” and “employed person’s employment” have the meanings assigned thereto by Article 3;

“Health Insurance Fund” means the Fund established and so called by virtue of Article 30 of the Health Insurance (Jersey) Law, 1967;1

“Health Insurance Fund allocation” has the meaning assigned thereto by Article 30;

“incapable of self-support” means, in relation to any person, incapable of supporting himself by reason of physical or mental infirmity and likely to remain so incapable for a prolonged period;

“incapable of work” means incapable of work by reason of some specific disease or bodily or mental disablement or deemed, in accordance with the provisions of any order, to be so incapable;

“insured person” means a person insured under this Law;

“the Jersey Cost of Living Index” means the cost of living index produced by the Jersey Joint Advisory Council;

“the Jersey Wages Index” means the wages index produced by the Jersey Joint Advisory Council;

“the Law of 1950” means the Insular Insurance (Jersey) Law, 1950;2

“medical examination” includes bacteriological and radiographical tests and similar investigations, and references to being medically examined shall be construed accordingly;

“medical practitioner” has the same meaning as “registered medical practitioner” in the Medical Practitioners (Registration) (Jersey) Law, 1960;3

“order” means an order made by the Committee under this Law;

“pensionable age” means the age of sixty five;

“prescribed” means prescribed by order;

“relevant accident” and “relevant injury” mean respectively, in relation to accident benefit, the accident and injury in respect of which that benefit is claimed or payable; and “relevant loss of faculty” means the loss of faculty resulting from the relevant injury;

“relevant contribution conditions” means, in relation to benefit of any description, the contribution conditions for benefit of that description as set out in the Second Schedule;

“Social Security Fund” has the meaning assigned thereto by Article 30;

“the Social Security Tribunal” means the Tribunal constituted under the Fourth Schedule;

“standard rate of benefit” has the meaning assigned thereto by Article 13;

(2)           For the purposes of this Law –

(a)     the expression “child” means a person who would be treated as a child for the purposes of the Family Allowances (Jersey) Law, 1972;4

(b)     a person shall be deemed to have a family which includes a child or children if that person (not being a child) and a child or children (with or without a wife or husband of that person) would be treated for the purposes of that Law as constituting a family;

(c)     “school leaving age” means the upper limit of the compulsory school age by virtue of Article 20 of the Loi (1912) sur l’Instruction Primaire.5

(3)           For the purposes of this Law –

(a)     a person shall be deemed to be over or under any age therein mentioned if he has or has not attained that age;

(b)     a person shall be deemed to be between two ages therein mentioned if he has attained the first-mentioned age but has not attained the second-mentioned age.

(4)           For the purposes of this Law, two persons shall not be deemed to have ceased to reside together by reason of any temporary absence of either or both of them, and in particular by reason of any such absence at school or while receiving medical treatment as an in-patient in a hospital or similar institution or by reason of any absence of either or both of them in such circumstances as may be prescribed.

(5)           For the purposes of this Law, the amount of a person’s earnings for any period, or the amount of his earnings to be treated as comprised in any payment made to or in respect of him shall be calculated or estimated in such manner and on such basis as may be prescribed; and any order made for these purposes may prescribe that payments of a particular class or description made or falling to be made to or by a person shall, to such extent as may be prescribed, be disregarded or, as the case may be, be deducted from the amount of that person’s earnings.

(6)           For the purposes of this Law –

(a)     the “standard level of contribution” for any contribution month shall be an amount equal to 8 per cent of the earnings limit for that month;

(b)     the “lower threshold level” for any contribution month shall be an amount equal to 9½ per cent of the monthly equivalent of the standard rate of benefit.

(7)           For the purposes of this Law, a contribution factor of 1.00 in relation to any period shall indicate a full contribution record for that period, and any other contribution factor or number of contribution factors shall be construed accordingly.

(8)           References in this Law to any enactment shall, unless the context otherwise requires, be construed as references to that enactment as amended and as extended or applied by or under any other enactment and as including references to any enactment repealing and re-enacting that enactment with or without further amendment.

ARTICLE 2

GENERAL ADMINISTRATION

The administration of this Law shall be vested in the Social Security Committee, in this Law referred to as “the Committee”.

PART II

INSURED PERSONS AND CONTRIBUTIONS

ARTICLE 3

DESCRIPTION AND CLASSIFICATION OF INSURED PERSONS

(1)           Subject to the provisions of this Law, every person who immediately before the appointed day was an insured person under the Law of 1950, and every person who has attained school leaving age on, or who attains school leaving age after, the appointed day and who fulfils such conditions as to residence in the Bailiwick as may be prescribed, shall become insured under this Law and thereafter continue throughout his life to be so insured.

(2)           For the purposes of this Law, insured persons shall be divided into the following two classes –

(a)     Class 1, which shall comprise employed persons, that is to say, persons gainfully occupied in employment in the Bailiwick under a contract of service; and

(b)     Class 2, which shall comprise persons not in Class 1.

Hereafter in this Law any employment by virtue whereof an insured person is an employed person is referred to as an “employed person’s employment”.

(3)           Provision may be made by order for modifying the said classification in relation to cases where it appears to the Committee desirable by reason of the nature or circumstances of a person’s employment or otherwise.

ARTICLE 4

SOURCE OF FUNDS

(1)           For the purpose of providing the funds required for paying benefit and for making any other payments which under this Law are to be made out of the Social Security Fund, and for providing the Health Insurance Fund allocation specified in Article 30, contributions shall be payable by insured persons and employers in accordance with the provisions of this Law.

(2)           Contributions shall be of the following two classes –

(a)     Class 1 earnings related contributions payable in respect of Class 1 insured persons being made up of –

(i)      employed persons’ primary Class 1 contributions; and

(ii)     employers’ secondary Class 1 contributions; and

(b)     Class 2 flat rate or earnings related contributions payable by Class 2 insured persons.

(3)           There shall also be paid into the Social Security Fund, out of monies provided by the States, in such manner and at such times as the Committee may determine, amounts the total of which for any year is equal to the sum required for supplementing earnings related contributions to the extent specified in Article 9.

ARTICLE 5

CLASS 1 CONTRIBUTIONS

(1)           For the purposes of this Law, there shall be prescribed for every contribution month an amount of earnings (hereinafter referred to as “the earnings limit”) above which a Class 1 insured person’s earnings shall be disregarded in calculating the Class 1 contribution payable in respect of that person.

(2)           The earnings limit shall be reviewed annually by the Committee and in so reviewing the Committee shall have regard to the general level of earnings.

(3)           Subject to the provisions of this Law, where in any contribution month earnings are paid to or in respect of an employed person in respect of any one employment of his being an employed person’s employment and –

(a)     he is over school leaving age; and

(b)     he has been employed for more than a prescribed number of hours in a prescribed period,

there shall be payable (except as provided by this Law, without regard to any other payment of earnings to or for the benefit of the employed person in respect of any other employment) a primary and a secondary Class 1 contribution.

(4)           Subject to the provisions of any order made in pursuance of paragraph (d) of Article 11, the amounts of the primary and secondary Class 1 contributions shall be 4 per cent and 5½ per cent respectively of so much of the earnings paid in the month, in respect of the employment in question, as does not exceed the earnings limit.

ARTICLE 6

PERSONS TO BE TREATED AS EMPLOYERS

In relation to persons who work under the general control or management of a person other than their immediate employer, and in relation to any other cases for which it appears to the Committee that special provision is needed, provision may be made by order that for the purposes of this Law the prescribed person shall be treated as their employer.

ARTICLE 7

METHODS OF PAYING CLASS 1 CONTRIBUTIONS

(1)           Except where provision is otherwise made by order, an employer liable to pay a secondary Class 1 contribution in respect of a person employed by him shall be liable to pay also that employed person’s primary Class 1 contribution on behalf of that employed person, and, for the purposes of this Law, contributions paid by the employer on behalf of an employed person shall be deemed to be contributions paid by that employed person.

(2)           Notwithstanding any contract to the contrary, an employer shall not be entitled to make, from earnings paid by him, any deduction in respect of his own or any other person’s secondary Class 1 contributions, or otherwise to recover such contributions from any employed person to whom he pays earnings; and an employer who contravenes or attempts to contravene the provisions of this paragraph shall be liable to a fine not exceeding £50.

(3)           An employer shall be entitled, subject to and in accordance with any order, to recover from an employed person the amount of any primary Class 1 contribution paid or to be paid by him on behalf of the employed person; and notwithstanding anything in any enactment, any order under this paragraph shall provide for recovery to be made by deduction from the employed person’s earnings, and for it not to be made in any other way.

ARTICLE 8

CLASS 2 CONTRIBUTIONS

(1)           Class 2 insured persons, who are not entitled by virtue of paragraph (2) of this Article, or being so entitled do not apply, to pay earnings related Class 2 contributions, shall be liable to pay a monthly flat rate Class 2 contribution the amount of which shall equal the sum of the monthly primary and secondary Class 1 contributions payable in respect of a Class 1 insured person having earnings at or above the earnings limit.

(2)           Earnings related Class 2 contributions shall be payable monthly or weekly by Class 2 insured persons who apply to do so and who satisfy such conditions as may be prescribed in relation to income and classification.

(3)           Subject to the provisions of any order made in pursuance of paragraph (d) of Article 11, the total amount of earnings related Class 2 contributions payable in any month shall be 9½ per cent of one twelfth of the Class 2 insured person’s earned income for the prescribed year.

ARTICLE 9

SUPPLEMENTATION OF CONTRIBUTIONS

(1)           Subject to the provisions of this Law, contributions (paid or credited) which, after the deduction of the appropriate Health Insurance Fund allocation, are below the standard level of contribution for any month, shall be supplemented out of the Social Security Fund by an amount sufficient to cause those contributions to equal but not to exceed the standard level of contribution.

(2)           Notwithstanding the provisions of paragraph (1) of this Article, contributions (paid or credited) for any month which, before the deduction of the appropriate Health Insurance Fund allocation, are below the lower threshold level shall not qualify for supplementations:

Provided that the Committee may, subject to such conditions as may be prescribed, disregard the lower threshold level where to apply it to a person below the age of 18 years would disqualify that person for supplementation.

(3)           No supplementation shall be awarded in respect of –

(a)     Secondary Class 1 contributions alone:

(b)     flat rate Class 2 contributions;

(c)     contributions paid which are above the lower monthly threshold level and below the standard level of contribution but which would not have been below that level had contribution liability been discharged in full.

ARTICLE 10

EXCEPTIONS FROM LIABILITY AND CREDITING OF CONTRIBUTIONS

(1)           Provision may be made by order for excepting insured persons otherwise liable for contributions of any class from such liability for such periods and in such circumstances as may be prescribed.

(2)           An order made under paragraph (1) of this Article shall not except a person from liability to pay contributions otherwise than on his own application, but may provide for so excepting a person with effect from any date not earlier than thirteen weeks before the date on which his application was made or such further period as the Committee may allow.

(3)           Provision may be made by order for the crediting of contributions of any class to an insured person for the purpose of safeguarding future entitlement to benefit (whether his own or another person’s entitlement) but not so as to cause his contributions, after the deduction of the appropriate Health Insurance Fund allocation, to exceed the standard level of contribution.

ARTICLE 11

GENERAL CONTRIBUTION PROVISIONS

Provision may be made by order –

(a)     for treating, for the purpose of any right to benefit, contributions paid after the due dates as paid on those dates or on such later dates as may be prescribed or as not having been paid, and for treating, for the purpose aforesaid, contributions payable by an employer, but not paid, as paid where the failure to pay is shown not to have been with the consent or connivance of, or attributable to any negligence on the part of, the relevant employed person, and in the case of contributions so treated, for treating them also as paid at a prescribed time or in respect of a prescribed period;

(b)     for treating earnings not paid at normal intervals as paid at such intervals as may be prescribed;

(c)     for the collection or aggregation of Class 1 contributions where a person is employed in more than one employment;

(d)     for calculating or otherwise adjusting the amount of a contribution payable according to a prescribed scale or figure so as to avoid fractional amounts or otherwise facilitate computation;

(e)     for securing that liability for the payment of contributions is not avoided or reduced by means of irregular or unequal payments of earnings or by a person following, in the payment of earnings, any practice which is abnormal for the employment in respect of which the earnings are paid;

(f)      that, for the purpose of determining whether a contribution is payable in respect of any person, that person shall be treated as having attained at the beginning of a contribution month, or as not having attained until the end of the contribution month, any age which he attains during the course of that month;

(g)     for the return of contributions under this Law paid in error or in such other circumstances as may be prescribed;

(h)     for requiring persons to maintain, in such form and manner as may be prescribed, records –

(i)      of the earnings paid by them to and in respect of employees; and

(ii)     of the contributions paid or payable in respect of earnings so paid,

for the purpose of enabling the incidence of liability for contributions of any class to be determined, and to retain the records for so long as may be prescribed;

(j)      for any other matters incidental to the payment, collection or return of contributions.

PART III

BENEFIT

ARTICLE 12

DESCRIPTIONS OF BENEFIT

Benefit shall be of the following descriptions –

(a)     incapacity benefit, which shall include sickness benefit and invalidity benefit;

(b)     accident benefit, which shall include injury benefit and disablement benefit;

(c)     maternity benefit, which shall include maternity grant and maternity allowance;

(d)     widow’s benefit, which shall include widow’s allowance, widowed mother’s allowance and widow’s pension;

(e)     old age pension;

(f)      death grant.

ARTICLE 13

RATES AND AMOUNTS OF BENEFIT

(1)           Subject to the provisions of this Law –

(a)     the weekly rates of the several descriptions of benefit (with the exception of disablement benefit, maternity grant, and death grant) shall, as from the appointed day, be as set out in the second column of Part I of the First Schedule to this Law and the amounts of the said grants shall be set out in the second column of Part II of that Schedule;

(b)     the weekly rate of disablement benefit shall, as from the appointed day, be a percentage of the standard rate of benefit being the percentage in which the degree of disablement, assessed in accordance with the provisions of Article 19, is expressed:

Provided that any person whose assessment is a percentage degree of disablement of not less than five per cent and not more than fifteen per cent shall not be entitled to such weekly rate but shall in lieu thereof be entitled to a lump sum calculated in the prescribed manner.

(2)           The standard rate of benefit for the purposes of this Law shall, on the appointed day, be an amount equal to the standard weekly rate of parish welfare payable for a single householder on the appointed day and thereafter shall be increased on the first day of October in every year by the percentage figure halfway between the percentage rise in the Jersey Cost of Living Index and the percentage rise in the Jersey Wages Index during the twelve months commencing July of the preceding year.

(3)           Provision may be made by order for –

(a)     calculating daily, monthly and yearly equivalents of the weekly standard rate of benefit;

(b)     calculating or otherwise adjusting the amount of any benefit so as to avoid fractional amounts or otherwise facilitate computation.

ARTICLE 14

CONTRIBUTION CONDITIONS

(1)           The contribution conditions for the several descriptions of benefit shall be as set out in the Second Schedule.

(2)           Provision may be made by order for entitling to sickness benefit, invalidity benefit, maternity allowance, widow’s benefit, and old age pension, persons who would be entitled thereto but for the fact that the relevant contribution conditions set out in sub-paragraphs 1(1)(b), 2(1)(b), 4(1)(b), and 6(1)(b) of the Second Schedule are not satisfied.

(3)           Any order made under paragraph (2) of this Article shall provide that benefit payable by virtue of the order shall be payable at a rate, or shall be of an amount, less than that specified in the First Schedule, and the rate or amount prescribed by the order may vary with the extent to which contribution conditions are satisfied.

(4)           Subject to the provisions of this Law, any reference therein to the life average of the annual contribution factors of any person shall be construed as referring to the average (calculated in the prescribed manner) over the period –

(a)     beginning with the beginning of either the year in which he attained school leaving age or the year in which the appointed day occurred, whichever is the later; and

(b)     ending with the end of the last complete contribution year before the date as at which the average is to be ascertained.

ARTICLE 15

RIGHT TO, AND DESCRIPTION OF, INCAPACITY BENEFIT

(1)           Subject to the provisions of this Law, a person who is under pensionable age on any day for which benefit is claimed and satisfies the relevant contribution conditions shall be entitled to sickness benefit in respect of any day of incapacity for work during a period of incapacity for work.

(2)           Where in respect of any period of incapacity for work a person has been entitled to sickness benefit for 312 days (including, in the case of a woman, any day for which she was entitled to a maternity allowance), then –

(a)     he shall cease to be entitled to that benefit for any subsequent day of incapacity for work falling within that period; and

(b)     if he is under pensionable age and satisfies the relevant contribution conditions he shall be entitled to invalidity benefit for any such subsequent day of incapacity for work in that period.

(3)           For the purposes of any provisions of this Law relating to incapacity benefit, any two days of incapacity for work, whether consecutive or not, within a period of six consecutive days shall be treated as a period of incapacity for work and any two such periods not separated by a period of more than thirteen weeks shall be treated as one period of incapacity for work.

(4)           A person shall not be entitled to incapacity benefit for any period in respect of which he is entitled to injury benefit.

ARTICLE 16

GENERAL PROVISIONS CONCERNING INCAPACITY BENEFIT

(1)           Provision may be made by order for –

(a)     defining days which are or are not to be treated as days of incapacity for work;

(b)     disqualifying a person for receiving incapacity benefit for such period not exceeding six weeks as may be determined in such manner as may be prescribed if –

(i)      he has become incapable of work through his own wilful act; or

(ii)     he fails without good cause to attend for or to submit himself to such medical or other examination or treatment as may be required in accordance with the order or to observe any prescribed rules of behaviour;

(c)     imposing in the case of any class of persons additional conditions with respect to the receipt of incapacity benefit and restrictions on the rate and duration thereof, if, having regard to special circumstances, it appears to the Committee necessary to do so for the purpose of preventing inequalities or injustice to the general body of employed persons.

ARTICLE 17

RIGHT TO, AND DESCRIPTION OF, ACCIDENT BENEFIT

(1)           Subject to the provisions of this Law, where a person suffers personal injury caused by an accident happening to him within the Bailiwick then –

(a)     injury benefit shall be payable to him if during such period as is hereinafter provided he is, as a result of the injury, incapable of work;

(b)     disablement benefit shall be payable to him if at a time not falling within the said period he suffers, as a result of the injury, from such loss of physical or mental faculty as is hereinafter provided;

but only if he satisfies the conditions set out in sub-paragraph (a) or (b) of paragraph (2) of this Article.

(2)           The conditions to be satisfied by a person under paragraph (1) of this Article are either –

(a)     that he satisfies one of the relevant contribution conditions on the day on which the accident occurs; or

(b)     that he is a person in respect of whom a secondary contribution is payable by an employer in respect of the contribution month which the relevant accident occurs.

ARTICLE 18

INJURY BENEFIT

(1)           Subject as provided by this Law, a person entitled to injury benefit shall be so entitled in respect of any day on which, as the result of the relevant injury, he is incapable of work during the injury benefit period:

Provided that an insured person shall not be entitled to injury benefit in respect of any such day unless that day falls within a period of six days (Sundays being disregarded) on not less than two of which, as a result of a relevant injury, he is incapable of work.

(2)           Where, as a result of the accident, the insured person becomes incapable of work on the day of the accident, he shall be treated as having been incapable of work throughout the whole of that day.

(3)           For the  purposes of this Law, the expression “the injury benefit period” means, in relation to any accident, the period of 312 days (Sundays or such other days as may be prescribed being disregarded) beginning with the day of the accident:

Provided that provision may be made by order for treating the injury benefit period as having come to an end if a claim for disablement pension in respect of the accident is received before the expiry of 312 days.

(4)           Where a person suffers from two or more successive accidents, he shall not be entitled to receive injury benefit in respect of more than one of those accidents in respect of any day.

ARTICLE 19

DISABLEMENT OF BENEFIT

(1)           Subject as provided by this Law, a person entitled to disablement benefit shall be so entitled if, as the result of the relevant injury –

(a)     at the end of the injury benefit period he is suffering from loss of physical or mental faculty; or

(b)     at some time after the end of the injury benefit period, he becomes subject to a loss of physical or mental faculty which is likely to be permanent:

Provided that for the purposes of this Article there shall be deemed not to be any loss of faculty at any time when the extent of the resulting disablement would be assessed in accordance with the following provisions of this Article as not amounting to five per cent.

(2)           Provision may be made by order for defining the principles on which the extent of disablement is to be assessed and any such order may in particular direct that a prescribed loss of faculty shall be treated as resulting in a prescribed degree of disablement.

(3)           The period to be taken into account by an assessment of the extent of a claimant’s disablement shall be the period (beginning not earlier than the end of the injury benefit period) during which the claimant has suffered and may be expected to continue to suffer from the relevant loss of faculty:

Provided that, if on any assessment the condition of the claimant is not such, having regard to the possibility of changes therein (whether predictable or not), as to allow of a final assessment being made up to the end of the said period –

(a)     a provisional assessment shall be made, taking into account such shorter period only as seems reasonable having regard to his condition and the possibility aforesaid; and

(b)     on the next assessment the period to be taken into account shall begin with the end of the period taken into account by the provisional assessment.

(4)           An assessment shall state the degree of disablement in the form of a percentage and shall also specify the period taken into account thereby and, where that is limited by reference to a definite date, whether the assessment is provisional or final:

Provided that –

(a)     the said percentage and period shall not be specified more particularly than is necessary for the purpose of determining in accordance with this Article the claimant’s rights in relation to disablement benefit; and

(b)     a percentage which is not a multiple of five shall be treated as being the next higher percentage which is a multiple of five.

ARTICLE 20

GENERAL PROVISIONS CONCERNING ACCIDENT BENEFIT

(1)           Provision may be made by order for disqualifying a person for receiving accident benefit for such period not exceeding six weeks as may be determined in such manner as may be prescribed if –

(a)     the relevant accident is attributable to his own wilful act; or

(b)     he behaves in a manner calculated to retard his recovery; or

(c)     he is guilty of obstruction of or misconduct in connexion with medical examination or treatment.

(2)           Where it appears to the Committee that a question has arisen whether an assessment of disablement benefit ought to be revised, the Committee may direct that payment of the benefit shall be suspended in whole or in part until that question has been determined.

(3)           Provision may be made by order for requiring claimants for, and beneficiaries in receipt of, accident benefit –

(a)     to submit themselves from time to time to medical examination for the purpose of determining the effect of the relevant accident, or the treatment appropriate to the relevant injury or loss of faculty;

(b)     to submit themselves from time to time to appropriate medical treatment for the said injury or loss of faculty.

(4)           Any order made under this Article requiring persons to submit themselves to medical examination or treatment may require those persons to attend at such places and at such times as may be required.

ARTICLE 21

MATERNITY GRANT

(1)           Subject to the provisions of this Law, a woman shall be entitled to a maternity grant if –

(a)     she has been confined; and

(b)     she or her husband satisfies the relevant contribution conditions.

(2)           Except where provision is otherwise made by order, a woman shall not be entitled to a maternity grant in respect of a confinement, if on the date of the confinement she is outside the Bailiwick.

(3)           Provision may be made by order that, if a woman is confined of more than one living child, she shall be entitled, subject to her satisfying the other conditions for the receipt of a maternity grant, to a maternity grant in respect of each such child.

(4)           Provisions may be made by order that the provisions of this Article shall apply to a woman in a case where her claim indicates that she so desires, 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 the prescribed number of weeks before that in which it is to be expected that she will be confined, and any such order may modify the contribution conditions for a maternity grant in their application to such a case.

(5)           Subject to the provisions of paragraph (3) of this Article, a woman shall not be entitled to more than one maternity grant in respect of any one confinement.

(6)           In this Article “husband” includes a widow’s late husband where the benefit is claimed in respect of a posthumous son or daughter of his, and a divorced woman’s former husband where the benefit is claimed in respect of a child of their marriage.

ARTICLE 22

MATERNITY ALLOWANCE

(1)           A woman shall be entitled to a maternity allowance if –

(a)     she is pregnant and has reached a stage in her pregnancy which is not more than the prescribed number of weeks before that in which it is to be expected that she will be confined (in this Article referred to as the “expected week of confinement”); and

(b)     she satisfies the relevant contribution conditions.

(2)           Subject to the provisions of this Article, the period for which a maternity allowance is payable shall be the period of eighteen weeks beginning not earlier than eleven weeks and not later than six weeks before the expected week of confinement.

(3)           A day for which a woman is entitled to a maternity allowance shall be deemed for the purposes of this Law to be for her a day of incapacity for work.

(4)           A woman who has become entitled to a maternity allowance shall cease to be so entitled if she dies before the beginning of the maternity allowance period; and if she dies after the beginning, but before the end, of that period the allowance shall not be payable for any week subsequent to that in which she dies.

(5)           A woman who as become entitled to a maternity allowance shall cease to be so entitled if, and from the time, her pregnancy is terminated otherwise than by confinement.

(6)           Provisions may be made by order for –

(a)     extending the maternity allowance period, in cases where the date of confinement occurs after the end of the expected week of confinement, until the end of such week (not being later than the sixth week after that in which the date of confinement occurs) as may be prescribed;

(b)     allowing claims for maternity allowance where a woman has been confined and either –

(i)      if she has not made a claim for maternity allowance in expectation of that confinement (other than a claim which has been disallowed); or

(ii)     she has made a claim for maternity allowance in expectation of that confinement (other than a claim which has been disallowed), but the date of that confinement was more than eleven weeks before the expected week of confinement;

(c)     disqualifying a woman for receiving a maternity allowance if –

(i)      during the maternity allowance period, she does any work in employment as an employed or self-employed person, or fails without good cause to observe any prescribed rules of behaviour; or

(ii)     at any time before her confinement occurs she fails, without good cause, to attend for, or submit to, any medical examination required in accordance with the order.

ARTICLE 23

SUPPLEMENTARY PROVISIONS AS TO MATERNITY BENEFIT

For the purposes of the provisions of this Law relating to maternity benefit –

(a)     the expression “confinement” means labour resulting in the issue of a living child, or labour after twenty-eight weeks of pregnancy resulting in the issue of a child, whether alive or dead, and “confined” shall be construed accordingly;

(b)     references to the date of the confinement shall be taken as referring, where labour begun on one day results in the issue of a child on another day, to the date of the issue of the child or, if the woman is confined of more than one child, to the date of the issue of the last of them.

ARTICLE 24

WIDOW’S BENEFIT

(1)           Subject to the provisions of this Law, a widow shall be entitled to widow’s benefit if the husband satisfied the relevant contribution conditions, and –

(a)     in the case of widow’s allowance, if at the husband’s death either he was not entitled to an old age pension or she was under pensionable age;

(b)     in the case of a widowed mother’s allowance if the widow has a family which includes a child who, or children one of whom, either was at the husband’s death a child of his family or is a son or daughter of theirs;

(c)     in the case of a widow’s pension, if (subject to the provisions of this Article) at the time of the husband’s death she was over the age of forty but under pensionable age.

(2)           The period for which widow’s benefit is payable to a widow shall be –

(a)     in the case of a widow’s allowance, the fifty-two weeks next following the husband’s death;

(b)     in the case of a widowed mother’s allowance, any period during which she has such a family as aforesaid and for which she is not entitled to a widow’s allowance; and

(c)     in the case of a widow’s pension, any period during which she is under pensionable age and for which she is not entitled to a widow’s allowance or widowed mother’s allowance:

Provided that the benefit shall not be payable for any period after her death or remarriage or for any period during which she is cohabiting with a man as his wife.

(3)           In this Article the expression “the husband” in relation to a woman who has been married more than once refers only to her last husband.

(4)           Where a widow who is not over the age of forty at her husband’s death ceases to be entitled to a widowed mother’s allowance at a time when she is over the age of forty but under pensionable age she shall for any subsequent period have the same right (if any) to a widow’s pension in respect of that marriage as if she had attained the age of forty before the husband’s death.

ARTICLE 25

OLD AGE PENSIONS

(1)           Subject to the provisions of this Law a person shall be entitled to an old age pension if –

(a)     he is over pensionable age; and

(b)     he satisfies the relevant contribution conditions.

(2)           Subject to the provisions of this Law, an old age pension shall be payable from the date on which a person attains pensionable age and shall be payable for life.

(3)           Subject to the provisions of this Law, a woman over pensionable age shall be entitled to an old age pension by virtue of the insurance of her husband, being a husband –

(a)     to whom she is married at the time when she attains that age; or

(b)     in respect of whose death she was immediately before attaining that age entitled to widow’s benefit; or

(c)     whom she has married after attaining that age;

if the following conditions are satisfied, that is to say –

(i)      either that he is over pensionable age or that he is dead; and

(ii)     that he satisfies the relevant contribution conditions.

(4)           Subject to the provisions of this Law, an old age pension payable to a woman by virtue of her husband’s insurance shall commence from the date on which the provisions of paragraph (3) of this Article are satisfied in relation to the pension and shall be payable for life:

Provided that, if a widow entitled to an old age pension by virtue of her late husband’s insurance remarries, the pension shall not be payable for any subsequent period.

(5)           A woman shall not be entitled for the same period to more than one old age pension, but if she would be so entitled but for this provision, she may, on such occasions and in such manner as may be prescribed, choose which she shall be entitled to.

(6)           Where immediately before attaining pensionable age a woman is a widow not entitled to widow’s benefit, she may elect that, in calculating for the purpose of her right to an old age pension by virtue of her own insurance the life average of her contribution factors, there shall be treated as paid or credited either –

(a)     for each contribution year falling wholly or partly before her husband’s death; or

(b)     for each contribution year falling wholly or partly during the period of their marriage;

contributions equal to the life average (ascertained as at the date of his attaining pensionable age or dying under that age) of his contribution factors instead of the contributions actually paid or credited to her for that year.

(7)           Notwithstanding the foregoing provisions of this Article, and subject to any prescribed conditions, provision shall be made by order for entitling a woman who was an insured person under the Law of 1950 to an old age pension by virtue of her own insurance on attaining the age of sixty.

ARTICLE 26

DEATH GRANT

(1)           Subject to the provisions of this Law, a death grant shall be payable in respect of the death of any person (hereafter in this Article referred to as “the deceased”) if the deceased either himself satisfied the relevant contribution conditions, or was at death the husband, wife, widower, widow or a child of the family, of a person satisfying the said conditions, or a child who –

(a)     had, immediately before the death of some other person satisfying the said conditions, been a child of the family of that other person; or

(b)     was a posthumous son or daughter of a man satisfying the said conditions.

(2)           Notwithstanding the provisions of paragraph (1) of this Article, provision may be made by order for a death grant to be payable if the relevant contribution conditions were satisfied by such other person as may be prescribed.

(3)           Except where provision is otherwise made by order, a death grant shall not be payable in respect of a death occurring outside the Bailiwick.

ARTICLE 27

INCREASE OF BENEFIT FOR ADULT DEPENDANTS

(1)           The weekly rate of incapacity benefit, injury benefit and maternity allowance shall be increased by the amount set out in the second column of Part III of the First Schedule, and the weekly rate of disablement benefit shall be increased by a percentage of that amount, being the percentage in which the degree of the disablement, assessed in accordance with the provisions of Article 19, is expressed, for any period during which –

(a)     the beneficiary is residing with or is wholly or mainly maintaining his wife;

(b)     the beneficiary is wholly or mainly maintaining her husband who is incapable of self support;

(c)     the beneficiary has residing with him and is wholly or mainly maintaining such other relative as may be prescribed, being a relative in relation to whom such further conditions as may be prescribed are fulfilled; or

(d)     some female person (not being a child) has the care of a child or children of the beneficiary’s family, being a person in relation to whom such further conditions as may be prescribed are fulfilled:

Provided that a beneficiary shall not be entitled for the same period to an increase of benefit under this paragraph in respect of more than one person.

(2)           The weekly rate of an old age pension shall be increased by the amount set out in the second column of Part III of the First Schedule for any period during which the beneficiary is residing with or is wholly or mainly maintaining his wife who is not over pensionable age.

(3)           In this Article, the expression “relative” does not include any person who is a child, but includes a person who is a relative by marriage or adoption and a person who would be a relative if some person born illegitimate had been born legitimate.

ARTICLE 28

OVERLAPPING BENEFITS, ETC

(1)           Provision may be made by order –

(a)     for adjusting benefit payable to or in respect of any person, or the conditions for its receipt, where –

(i)      any pension or allowance payable out of public funds (excluding an allowance under the Family Allowances (Jersey) Law, 1972,6 but including any other benefit under this Law whether of the same or a different description) is payable to or in respect of that person or that person’s wife or husband; or

(ii)     that person is undergoing medical or other treatment as an in-patient in a hospital or similar institution;

(b)     for suspending payment of benefit to a person during any period during which he is undergoing such medical or other treatment.

(2)           Where by virtue of an order made under paragraph (1) of this Article benefit payable to or in respect of any person is adjusted, or the payment of any benefit is suspended, by reason of the fact that the person is undergoing medical or other treatment as an in-patient in a hospital or similar institution and such treatment is provided free of charge to that person, the Committee, in its discretion, may pay out of the Social Security Fund to the authority at whose expense the treatment is provided the amount of the adjustment or the benefit, as the case may be.

(3)           Where but for any order made by virtue of sub-paragraph (a) of paragraph (1) of this Article two persons would both be entitled to an increase of benefit in respect of a third person, provision may be made by order as to their priority.

(4)           In this Article, the expression “hospital or similar institution” includes any institution in which poor persons are lodged and maintained at the cost of a public or parochial authority.

ARTICLE 29

SUPPLEMENTARY PROVISIONS AS TO BENEFIT

(1)           Provision may be made by Order –

(a)     for prescribing the time and manner in which claims to benefit may be made and the evidence and information to be supplied in support thereof;

(b)     for prescribing the time and the manner of payment of benefit;

(c)     for disqualifying a person for receiving any benefit or suspending payment thereof during prescribed periods of absence from the Bailiwick or imprisonment or detention in legal custody;

(d)     for prescribing the circumstances in which a person is or is not to be deemed for the purposes of this Law to be wholly or mainly maintaining another person;

(e)     for any other matters incidental to claims for and payment of benefit.

(2)           Subject to the provisions of this Law, benefit shall not be capable of being assigned, charged or attached, nor shall it pass to any other person by operation of law, nor shall any claim be set off against the same, except in such cases and subject to such conditions as may be prescribed.

PART IV

FINANCE, ADMINISTRATION AND LEGAL PROCEEDINGS

ARTICLE 30

SOCIAL SECURITY FUND

(1)           The Insular Insurance Fund established in the pursuance of the Law of 1950 shall be renamed the Social Security Fund and shall continue to be maintained under the control and management of the Committee.

(2)           There shall be paid into the Social Security Fund all contributions payable under this Law after deduction therefrom of the appropriate Health Insurance Fund Allocation, together with monies provided by the States and the proceeds of all charges imposed under this Law, and there shall be paid out of the Fund all claims for benefit, and all expenses, including salaries, equipment and the provision of accommodation, incurred by the Committee in carrying this Law into effect.

(3)           The appropriate Health Insurance Fund Allocation which shall be paid into the Health Insurance Fund, shall be –

(a)     in the case of primary Class 1 contributions, 0.5 per cent of the amount of earnings in respect of which those contributions were paid;

(b)     in the case of secondary Class 1 contributions, 1 per cent of the amount of earnings in respect of which those contributions were paid;

(c)     in the case of Class 2 contributions, 1.5 per cent of either of the amount of the current earnings limit, or the amount of earnings determined to be that in respect of which those contributions were paid, whichever is deemed to be appropriate having regard to the provisions of Article 8.

(4)           Accounts of the Social Security Fund shall be prepared in such form, manner and at such times as the Committee may determine, and the States’ Auditor shall examine and certify every such account, and copies thereof together with the report of the States’ Auditor thereon shall be laid as soon as may be before the States.

(5)           Any monies forming part of the Social Security Fund may, from time to time, be paid over to the Treasurer of the States and by him invested in accordance with such directions as may be given by the Finance and Economics Committee.

(6)           The Finance and Economics Committee may borrow money under the guarantee of the annual income of the States in order to obtain currency, other than sterling, required for any purpose connected with the investment of Social Security Fund.

(7)           The Finance and Economics Committee shall, on matters relating to investment, provide full information to, and regularly consult with, the Committee and, where such consultation does not end in agreement, the States shall be asked to make a decision.

(8)           There shall be presented to the States annually by the Committee an account of the securities in which monies forming part of the Social Security Fund are for the time being invested.

ARTICLE 31

SOCIAL SECURITY (RESERVE) FUND

(1)           The Insular Insurance (Reserve) Fund established in pursuance of the Law of 1950 shall be renamed the Social Security (Reserve) Fund and shall continue to be under the control and management of the Committee, and such assets as the Committee may determine may be transferred from the Social Security Fund into the Social Security (Reserve) Fund which shall be maintained as a reserve for the Social Security Fund.

(2)           Paragraphs (4), (5), (6), (7) and (8) of Article 30 shall apply to the Social Security (Reserve) Fund as they apply to the Social Security Fund.

(3)           Any sums determined by the Committee to be income of the Social Security (Reserve) Fund shall be paid into the Social Security Fund.

(4)           Subject to the foregoing provisions of this Article and any other provision of this Law expressly directing payments to be made out of the Social Security (Reserve) Fund, a payment out of that Fund shall not be made otherwise than under the authority of a resolution of the States and shall be made subject to such conditions as to repayment or otherwise as may be specified in the resolution.

ARTICLE 32

ACTUARIAL REPORTS

(1)           As from the end of the period of three years from the appointed day, or such shorter period as the Committee may direct, an actuary, appointed for the purpose by the Committee, shall review the operation of this Law during that period.

(2)           Thereafter as from the end of each period of three years, or such shorter period as the Committee may direct in respect of any review, the actuary shall review the operation of this Law.

(3)           After completing his review, the actuary shall report to the Committee on the financial condition of the Social Security Fund and the adequacy or otherwise of the contributions payable under this Law to support the benefits payable thereunder having regard to its liabilities under this Law.

(4)           A copy of every report of this Article shall be laid before the States as soon as may be after it is made.

ARTICLE 33

DETERMINATION OF CLAIMS AND QUESTIONS

(1)           Subject to the provision of this Law, provision shall be made by order for the determination by an officer appointed by the Committee (to be known as “the determining officer”) of any question arising under or in connection with this Law, including any claim for benefit.

(2)           Paragraph (1) of this Article shall not apply to any question –

(a)     provision for the determination of which is made by Article 34;

(b)     whether any person is or was a child or is or was under school leaving age;

(c)     whether any person has or had a family including a child or children, or is or was a child of some other person’s family (not, however, including the question whether a person is to be treated for the purpose of any provision of this Law as having a family as aforesaid, or as being a child of some other person’s family).

(3)           Any such question as is referred to in sub-paragraphs (b) and (c) of paragraph (2) of this Article shall be determined in like manner, subject to any prescribed modifications and adaptions, as the corresponding question arising in respect of an allowance under the Family Allowances (Jersey) Law, 1972;7 and any decision of any such question, if given for the purposes of that Law, shall have effect also for the purposes of this Law, or if given for the purposes of this Law, shall have effect also for the purposes of that Law.

(4)           Subject to the provisions of paragraph (5) of this Article, orders under paragraph (1) of this Article shall provide for –

(a)     appeals to the Social Security Tribunal from any decision of the determining officer;

(b)     the reference to the Inferior Number of the Royal Court for decision of any question of law arising in connection with the determination of a question by the determining officer or of an appeal by the Social Security Tribunal;

(c)     appeals to the Inferior Number of the Royal Court from a decision of the determining officer or of the Social Security Tribunal on any question of law.

(5)           No order under made under paragraph (1) of this Article shall provide for appeals to lie from a decision of the determining officer on questions –

(a)     whether the contribution conditions for any benefit are satisfied, or otherwise relating to an insured person’s contributions; or

(b)     as to the entitlement to a death grant; or

(c)     which of the two or more persons satisfying the conditions for an increase of benefit, whether of the same or of a different description, shall be entitled to the increase where by virtue of some provisions of this Law not more than one of them is entitled to the increase; or

(d)     as to the class of the insured persons in which a person is to be included.

(6)           The decision of the Inferior Number of the Royal Court on any reference or appeal by virtue of paragraph (4) of this Article shall be final and without appeal, but without prejudice to the right of the Inferior Number of the Royal Court to refer the question or issue to the Superior Number of the Royal Court.

(7)           Subject to the provisions of this Article, any order made thereunder may, in relation to proceedings before the determining officer or the Social Security Tribunal in accordance with the order, include provision –

(a)     as to the procedure which is to be followed, the form which is to be used for any document, the evidence which is to be required and the circumstances in which any official record or certificate is to be sufficient or conclusive evidence;

(b)     as to the time to be allowed for making any claim or appeal, for raising any question with a view to the review of any decision or for producing any evidence;

(c)     for summoning persons to attend to give evidence or produce documents and for authorizing the administration of oaths to witnesses;

(d)     for the representation of one person, at any hearing of a case, by another person, whether having professional qualifications or not.

(8)           Provisions may be made by order that where in any proceedings –

(a)     for an offence under this Law; or

(b)     involving any question as to the payment of contributions of this Law; or

(c)     for the recovery of any sums due to the Social Security Fund;

any question arises which is required by an order under this Article to be determined in accordance with the provisions of the order, or is required by paragraph (3) of this Article to be determined in like manner as a corresponding question arising under the Family Allowances (Jersey) Law, 1972,8 the decision on that question on its determination as aforesaid shall be conclusive for the purpose of those proceedings; and an order under this Article may make provision for obtaining such a decision when it has not been given, and for adjourning the proceedings until such a decision has been given.

ARTICLE 34

DETERMINATION OF QUESTIONS RELATING TO ACCIDENTS

(1)           Subject to the provisions of this Law, any question –

(a)     whether the relevant accident has resulted in the loss of faculty;

(b)     whether the loss of faculty is likely to be permanent;

(c)     at what degree the extent of disablement resulting from the loss of faculty is to be assessed, and what period is to be taken into account by the assessment;

(in this Article referred to as “disablement question”) shall be determined by a medical board or medical appeal tribunal constituted in accordance with the following provisions of this Article.

(2)           Medical boards for the purposes of this Article shall be appointed by the Committee and shall consist of two or more medical practitioners of whom one shall be appointed as chairman.

(3)           Medical appeal tribunals for the purposes of this Article shall be appointed by the Committee and shall consist of a chairman and two medical practitioners.

(4)           Subject as aforesaid, the constitution of medical boards and medical appeal tribunals shall be determined by order.

(5)           The case of any claimant for disablement benefit shall be referred by the Committee to a medical board for determination of the disablement questions in accordance with the following provisions of this Article and if, on that or any subsequent reference, the extent of the disablement is provisionally accessed, shall again be referred not later than the end of the period taken into account by the provisional assessment.

(6)           If the claimant is dissatisfied with the decision of a medical board, he may appeal in the prescribed manner and within the prescribed time and the case and the case shall be referred to a medical appeal tribunal:

Provided that an appeal shall not lie against a provisional assessment of the extent of the disablement before the expiration of two years from the date of the first reference of the case to a medical board under paragraph (5) of this Article, nor where the period taken into account by the assessment falls wholly within the said two years.

(7)           Where the Committee considers that any decision of a medical board ought to be considered by a medical appeal tribunal, it may refer the case to a medical appeal tribunal for its consideration, and the tribunal may confirm, reverse or vary the decision in whole or in part as on an appeal.

(8)           Any decision of a medical board or a medical appeal tribunal may be reviewed at any time by a medical board if satisfied by fresh evidence that the decision was given in consequence of the non-disclosure or misrepresentation by the claimant or any other person of a material fact (whether the non-disclosure or misrepresentation was or was not fraudulent).

(9)           Any assessment of the extent of the disablement resulting from the loss of faculty may also be reviewed by a medical board, if satisfied that since the making of the assessment there has been a substantial and unforeseen aggravation of the results of the relevant injury:

Provided that an assessment shall not be revised under this paragraph unless the medical board is of opinion that, having regard to the period taken into account by the assessment and the probable duration of the aggravation aforesaid, substantial injustice will be done by not revising it.

(10)         Except with the leave of a medical appeal tribunal, an assessment shall not be reviewed under paragraph (9) of this Article on any application made less then five years, or, in the case of a provisional assessment, six months, from the date thereof, and (notwithstanding the provisions of Article 19), on such a review the period to be taken into account by any revised assessment shall not include any period before the date of the application.

(11)         Subject to the foregoing provisions of this Article, a medical board may deal with a case on a review in any manner in which it could deal with it on an original reference to it, and in particular may make a provisional assessment notwithstanding that the assessment under review was final; and paragraph (10) of this Article shall apply to an application for a review under this Article and to a decision of a medical board in connexion with such an application as it applies to an original claim for disablement benefit and to a decision of a medical board in connexion with such a claim.

(12)         Notwithstanding anything in the foregoing provisions of this Article, provision may be made by order that any disablement question may, with the consent of the claimant, be referred to a single medical practitioner appointed by the Committee instead of to a medical board:

Provided that the period to be taken into account by any assessment made by virtue of this paragraph shall not exceed three months.

(13)         Any decision on a reference made by virtue of paragraph (12) of this Article shall have effect as if it were a decision of a medical board, and shall be subject to an appeal and review, and may be referred for consideration to a medical appeal tribunal, accordingly.

(14)         Provision may be made by order as to the procedure to be adopted where, on a reference under paragraph (12) of this Article, the medical practitioner is of the opinion that a final assessment can be made but that the period to be taken into account exceeds three months.

(15)         In this Article, the expression “claimant” means a person claiming disablement benefit and includes, in relation to the review of an assessment or decision, a beneficiary affected by the assessment or decision.

ARTICLE 35

POWERS OF INSPECTION

(1)           Any officer of the Committee generally or specially authorized in writing in that behalf (in this Article referred to as an “inspector”) shall, for the purposes of the execution of this Law, be entitled, subject to the production by him if so required of evidence of his authority, to do all or any of the following things, namely to –

(a)    enter at all reasonable times any premises or place liable to inspection under this Article;

(b)    make such examination and inquiry as may be necessary for ascertaining whether the provisions of this Law are being or have been complied with in any such premises or place;

(c)    examine, either alone or in the presence of any other person, as he thinks fit, with respect to any matters under this Law on which he may reasonably require information, every person whom he finds in any such premises or place, or whom he has reasonable cause to believe to be or to have been an insured person, and to require every such person to be so examined;

(d)    exercise such other powers as may be necessary for carrying this Law into effect.

(2)           The occupier of any premises or place liable to inspection under this Article, and any person who is or has been employing any person (and the servants and agents of any such occupier or other person) and any person carrying on any agency or other business for the introduction or supply to persons requiring them of persons available to do work or perform services (and the servants or agents of any person carrying on any such agency or other business), and any insured person, shall furnish to an inspector all such information and produce for inspection all such documents as the inspector may reasonably require for the purpose of ascertaining whether contributions are or have been payable, or have been duly paid, by or in respect of any person, or whether benefit is or was payable to or in respect of any person.

(3)           If any person –

(a)    wilfully delays or obstructs an inspector in the exercise of any power under this Article; or

(b)    refuses or neglects to answer any question or to furnish any information or to produce any document when required to do so under this Article:

he shall be liable to a fine not exceeding £50 in the case of a first offence under this paragraph and, where a person is convicted of an offence under sub-paragraph (b) of this paragraph and the refusal or neglect is continued by him after his conviction, he shall be guilty of a further offence and be liable on conviction to a fine not exceeding £10 for each day on which it so continued:

Provided that no person shall be required under this Article to answer any questions or to give any evidence tending to incriminate himself.

(4)           The premises and places liable to inspection under this Article are any premises or places where an inspector has reasonable grounds for supposing that –

(a)    any persons are employed;

(b)    there is being carried on any agency or other business for the introduction or supply to persons requiring them of persons available to do work or perform services;

except that they do not include any private dwelling house not used by or by permission of the occupier for the purposes of a trade or business.

ARTICLE 36

GENERAL PROVISIONS AS TO OFFENCES AND PENALTIES

(1)           If any employer or insured person fails to pay any contribution which he is liable under this Law to pay, he shall be liable in respect of each such failure to a fine not exceeding £300.

(2)           If any Class 1 contribution payable under this Law is not remitted to the Committee on or before the prescribed date, the employer responsible for such remittance shall pay an additional 1% of the amount of the contribution and interest at the rate of 1% per month of the amount outstanding.

(3)           If any person, for the purpose of obtaining any benefit or other payment under this Law, whether for himself or some other person, or for any other purpose connected with this Law –

(a)    knowingly makes any false statement or false representation; or

(b)    produces or furnishes, or causes knowingly allows to be produced or furnished, any document or information which he knows to be false in a material particular;

he shall be liable to a fine not exceeding £400 or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment.

(4)           Provision made be made by order for the recovery of monetary penalties in respect of any offence under this Law, being a contravention of or failure to comply with any provisions of the order, so, however, that such penalties shall not exceed £50 for each offence or, where the offence consists of continuing any such contravention or failure after conviction thereof, £50 together with a further £10 for each day on which it is so continued.

(5)           Where an offence under this Law which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any negligence on the part of, any director, manager, secretary or other officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

ARTICLE 37

GENERAL PROVISIONS AS TO PROSECUTIONS

(1)           Any proceedings which may be taken against any person under this Law may be taken at any time not later than twelve months from the date of the commission of the alleged offence or within the period of three months from the date on which evidence, sufficient in the opinion of the Committee to justify the proceedings, comes to the knowledge of the Committee or, where the person in question was outside the Bailiwick at the date, within the period of twelve months from the date in which he first lands in the Bailiwick thereafter, whichever of the said periods last expires.

(2)           For the purposes of paragraph (1) of this Article, a certificate, purporting to be signed by or on behalf of the Committee, as to the date on which such evidence as aforesaid came to the knowledge of the Committee shall be conclusive evidence thereof.

(3)           In any proceedings for an offence under this Law, the wife or husband of the accused shall be competent to give evidence, whether for or against the accused:

Provided that the wife or the husband shall not be compellable either to give evidence or, in giving evidence, to disclose any communication made to her or him by the accused during the marriage.

ARTICLE 38

CIVIL PROCEEDINGS TO RECOVER SUMS DUE TO SOCIAL SECURITY FUND

Proceedings for the recovery of sums due to the Social Security Fund may be instituted by the Treasurer of the States, either in term or in vacation, and, notwithstanding any enactment or rule of Law to the contrary, any such proceedings may be brought at any time within three years from the time when the matter complained of arose.

ARTICLE 39

RECOVERY OF SUMS DUE TO SOCIAL SECURITY FUND BY DEDUCTIONS FROM EARNINGS

(1)           Where judgment has been obtained for the payment of any sum due to the Social Security Fund by any individual (hereafter in this Article referred to as “the judgment debtor”) then, notwithstanding any enactment or rule of the law contrary and without prejudice to any other means of recovery, the sum payable under the judgment together with the recoverable costs (hereafter in this Article referred to as “the judgment debt”) may be recovered in accordance with the provisions of this Article.

(2)           Where it is desired to recover any judgment debt under this Article –

(a)    the Committee may serve notice on the employer for the time being of the judgment debtor requiring him to furnish the Committee, within such time (not being less than seven days) as may be specified in the notice with a certificate of the amount earned by the judgment debtor in the employ of the employer during such last period or periods as may be so specified; and

(b)    whether or not such a certificate as aforesaid has been required to be furnished, the Committee may serve notice on the employer for the time being of the judgment debtor requiring him to make such deductions from the earnings of the judgment debtor as may, having regard to all the circumstances of the case, appear to the Committee to be reasonable and to pay the amounts so deducted to the Committee at such times as may be specified in the notice, and the amount so paid shall be applied towards the satisfaction of the judgment debt:

Provided that where the judgement debt has been ordered to be paid by instalments, the Committee shall not require such deductions to be made as would at any date reduce the judgment debt by a greater amount than that by which it would have been reduced had the instalments been paid.

(3)           Any employer who refuses or without lawful excuse fails to furnish a certificate which under sub-paragraph (a) of paragraph (2) of this Article he is required to furnish within such time as may be so required, or who furnishes a certificate which is false in a material particular, shall be liable to a fine not exceeding £10.

(4)           Any notice under sub-paragraph (b) of paragraph (2) of this Article may at any time be varied by a subsequent notice under that sub-paragraph.

(5)           A copy of every notice served under sub-paragraph (b) of paragraph (2) or paragraph (4) of this Article shall be served also on the judgment debtor.

(6)           Where any employer fails to deduct any amount which he is required by virtue of sub-paragraph (b) of paragraph (2) of this Article to deduct, or to pay to the Committee any amount so deducted, the amount may be recovered from him as a debt due to the Social Security Fund.

(7)           Service of any notice under this Article may be effected by sending it by registered post to the person on whom it is to be served at his usual or last-known place of abode or his principal place of business or, in the case of a company, at its registered office.

ARTICLE 40

BENEFIT AND ASSESSMENT OF DAMAGES

Where an insured person suffers injury in circumstances creating a legal liability in any person to pay damages to the insured person, the Court shall not, in assessing such damages, take into account any benefit which the insured person is entitled to claim as a result of such injury.

ARTICLE 41

RECOVERY IN BANKRUPTCY, ETC

(1)           Where the Royal Court has granted –

(a)    an application by any person to place his property under the control of the Court (“de remettre ses biens entre les mains de la Justice”); or

(b)    an application for the holding of a “bénéfice d’inventaire” on the estate of a deceased person;

the “autorisés” or the Viscount, as the case may be, shall pay out of the property of such person or the estate of such deceased person any amount due to the Social Security Fund by such a person or such a deceased person at the time of the granting of the application.

(2)           In the event of any “dégrèvement”, “réalisation”, “désastre”, bankruptcy or composition with creditors, any amount due to the Social Security Fund shall rank for payment pari passu with other privileged debts and in priority to all other debts.

ARTICLE 42

ADVISORY COUNCIL

(1)           The Committee may establish an Advisory Council to give advice and assistance to the Committee in connexion with the discharge of the Committee’s functions and to perform such other duties as may be assigned to them under this Article.

(2)           The Committee may, from time to time, refer to the Council for consideration and advice –

(a)    proposals for new or amended benefits including the amounts and value of benefits in payment;

(b)    proposals for changes in social security legislation.

(3)           The Council shall consider any proposals referred to them under this Article and submit to the Committee a report containing such recommendations with regard to the subject matter of the proposals as they think appropriate; and if, after receiving the report of the Council, the Committee presents any Proposition to the States which comprises the whole or any part of the subject matter of the proposals referred to the Council, the Committee shall present with the Proposition of a copy of the Council’s report.

(4)           The constitution of the Council and any other matters relating to its functions, administration or otherwise shall be as prescribed.

PART V

MISCELLANEOUS AND GENERAL

ARTICLE 43

CROWN SERVANTS AND MEMBERS OF ARMED FORCES

(1)           This Law shall apply to persons employed by or under the Crown, subject to any special provision made by virtue of this Article, in like manner as if the employer were a private person, with such modifications as the Committee may by order make thereto for the purpose of adapting the provisions thereto for the purpose of adapting the provisions thereof to the case of such persons.

(2)           Subject to any prescribed exceptions, any person who is serving as a member of any of her Majesty’s Forces or of any prescribed organisation in which persons serve under the control of the Defence Council shall be deemed not to be an insured person whilst he is serving as aforesaid.

ARTICLE 44

MARINERS AND AIRMEN

Without prejudice to the generality of any other power to make orders, the Committee may make orders modifying in such manner as it thinks proper the provisions of this Law in their application in relation to persons who are or have been employed on a ship, vessel, hovercraft or aircraft and any order may in particular provide for –

(a)    this Law to apply to such persons notwithstanding that it would not otherwise apply;

(b)    excepting such persons from the application of this Law where neither are domiciled nor have a place of residence in the Bailiwick;

(c)    requiring the payment of secondary Class 1 contributions in respect of such persons whether or not they are insured persons;

(d)    the taking of evidence for the purpose of any claim to benefit, in a country or territory outside the Bailiwick by a British Consular Officer or such other person as may be prescribed;

(e)    enabling persons who are or have been so employed to authorize the payment of the whole or any part of any benefit to which they are or may become entitled to such of their dependants as may be prescribed.

ARTICLE 45

MARRIED WOMEN

(1)           Without prejudice to the generality of any other power to make orders, the Committee may make orders modifying the provisions of this Law in their application to women who or have been married.

(2)           Orders under this Article shall provide, subject to any prescribed conditions and exceptions, for excepting a woman, if she so elects or if she does not elect otherwise (as may be provided by that order) from liability to pay contributions as an insured person during any quarter during all of which she is married and is not excepted from liability.

ARTICLE 46

INSURED PERSONS OUTSIDE THE BAILIWICK

(1)           Without prejudice to the generality of any other power to make orders, the Committee may make orders modifying in such manner, subject to the provisions of paragraph (2) of this Article, as it thinks proper, the provisions of this Law in their application in relation to persons who or have been outside the Bailiwick while insured under this Law.

(2)           Orders under this Article shall provide that, where an insured person is throughout any contribution month outside the Bailiwick and is not in that month an employed person, he shall not be liable to pay any contribution as an insured person for that month.

(3)           Without prejudice to the generality to the provisions of paragraph (1) of this Article, orders thereunder may make provision for entitling a person to pay a Class 2 contribution for any month for which by virtue of paragraph (2) of this Article he is not liable to pay a contribution as an insured person.

ARTICLE 47

PERSONS OVER AGE SIXTY

(1)           Provision may be made by order for excepting Class 2 insured persons who so elect, and who have attained the age of sixty years and satisfy such other conditions as may be prescribed, from liability to pay contributions otherwise payable under this Law.

(2)           A person who has been excepted from this liability to pay contributions by virtue of paragraph (1) of this Article and who subsequently ceases to be so excepted shall not be entitled to pay contributions in respect of any period during which he was so excepted.

ARTICLE 48

RECIPROCAL AGREEMENTS WITH OTHER COUNTRIES

(1)           For the purpose of giving effect to any agreement with the government of the United Kingdom or of any part of Her Majesty’s dominions, or the government of any other country, (including any agreement between the government of the United Kingdom and the government of any part of Her Majesty’s dominions or of any foreign country, which has been extended or applies to the Bailiwick), providing for reciprocity in matters relating to payments in respect of incapacity, accident, confinement of women, widowhood, old age or death, it shall be lawful for the States, by Act, to make provision for modifying or adapting this Law in its application to cases affected by the agreement.

(2)           The modifications of this Law which may be made by virtue of paragraph (1) of this Article shall include provision for –

(a)     securing that acts, omissions and events having any effect for the purposes of the law of the country in respect of which the agreement is made shall have a corresponding effect for the purposes of this Law;

(b)     determining in cases where rights accrue both under this Law and under the law of the said country, which of those rights shall be available to the person concerned;

(c)     making any provisions as to administration and enforcement contained in this Law, or in any other enactment thereunder, applicable also for the purposes of the law of the said country;

(d)     making any necessary financial adjustments by payments into or out of the Social Security Fund.

ARTICLE 49

OATH OF OFFICE

(1)           Every person appointed to administer any part of this Law shall, before he begins to act in execution of this Law, take oath before the Royal Court, in the form set out in the Third Schedule appropriate to the office to which he has been appointed.

(2)           Notwithstanding anything in his oath of office, the Controller may disclose such information as may be required for any purpose approved by the Committee.

ARTICLE 50

POWER TO AMEND LAW

The States may by regulations –

(a)     alter the amounts of primary and secondary Class 1 contributions specified in paragraph (4) of Article 5;

(b)     alter the total amount of earnings related to Class 2 contributions specified in paragraph (3) of Article 8;

(c)     alter the amounts of the standard level of contribution and the lower threshold level specified in paragraph (6) of Article 1;

(d)     alter the date specified in paragraph (2) of Article 13 on which the standard rate of benefit is to be determined;

(e)     increase the standard rate of benefit;

(f)      alter any of the Health Insurance Fund Allocations specified in Article 30; and

(g)     alter any of the rates or amounts of benefit or increase the benefit set out in Parts I, II and III of the First Schedule.

ARTICLE 51

GENERAL PROVISIONS AS TO ACTS, REGULATIONS AND ORDERS

(1)           Except in so far as this Law otherwise provides, any power conferred thereby to make any act or regulations or order may be exercised –

(a)     either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case; and

(b)     so as to make, as respects the cases in relation to which it is exercised –

(i)      the full provision to which the power extends or any less provision (whether by way of exception or otherwise);

(ii)     the same provision for all cases in relation to which the power is exercised or different provision for different cases or classes of case, or different provision as respects the same case or class of case for different purposes of this Law;

(iii)    any such provision either unconditionally or subject to any specified condition.

(2)           Without prejudice to any specific provision of this Law, any act, regulations or order under this Law may contain such incidental or supplementary provisions as appear to the States or, as the case may be, the Committee making the order, to be expedient for the purposes of the act, regulations or order.

(3)           The Subordinate Legislation (Jersey) Law, 19609 shall apply to orders made under this Law.

ARTICLE 52

REPEALS AND CONSEQUENTIAL PROVISIONS

(1)           As from the appointed day, the enactments set out in the first column of the Sixth Schedule shall be repealed to the extent specified in the second column thereof, and, subject to the following provisions of this Article, on and after the appointed day no person shall be insured under the Law of 1950 or entitled to benefit under that Law.

(2)           Provisions shall be made by order that, in relation to –

(a)     persons who cease by virtue of paragraph (1) above to be insured under the Law of 1950;

(b)     persons to or in respect of whom benefit under that Law was, or but for a disqualification or forfeiture would have been, payable immediately before the appointed day; and

(c)     persons who had a prospective right to, or expectation of, any benefit under that Law immediately before the appointed day,

the provisions of this Law shall have effect subject to such modifications as may be prescribed with a view to securing continuity between this Law and the Law of 1950.

(3)           Without prejudice to the generality of the powers conferred by sub-paragraph (2) (a) of this Article, an order under that sub-paragraph shall in particular provide for the taking into account, for such purposes and in such manner and subject to such conditions as may be prescribed, of contributions paid or credited or deemed to be, or treated as, paid or credited, under the Law of 1950.

(4)           Notwithstanding any repeal effected by this Law, provision may be made by order for continuing in force, with or without prescribed modification, such provisions of the Law of 1950 as the Committee considers appropriate for the purposes of preserving rights to benefit under that Law in those cases (if any) in which in the opinion of the Committee adequate alternative rights to benefit under this Law are not conferred in pursuance of paragraph (2) above, or for temporarily retaining the effect of those provisions for transitional purposes.

(5)           Without prejudice to the powers conferred by any other provision of this Law, such provision as the Committee considers necessary for facilitating the introduction of this Law may be made by order for modifying the system of insurance contained in the Law of 1950 (so far as it continues in force after the appointed day) so as to bring it into conformity with the provisions of this Law or for facilitating the winding up of that system of insurance.

ARTICLE 53

AMENDMENT OF HEALTH INSURANCE (JERSEY) LAW, 1967

The Health Insurance (Jersey) Law, 1967,10 shall be amended in manner provided by the Fifth Schedule.

ARTICLE 54

PROVISIONS AS TO COMMENCEMENT

(1)           In this Law, the expression “the appointed day” means, subject to the following provisions of this Article, such day as the States may by Act appoint and different days may be appointed for different purposes of this Law or for the some purpose in relation to different cases or classes of case.

(2)           Any Act under paragraph (1) of this Article may, if the day thereby appointed is appointed for some only of the purposes of this Law or in relation only to some cases or classes of case, contain such incidental or supplementary provisions as appear to the States to be necessary or expedient as respects the period when this Law is to have a partial operation only or as respects the transition from that period to the period when this Law is in full operation.

(3)           Without prejudice to the generality to the provisions of paragraph (2) of this Article, the provisions which may be made thereunder include, in particular, provision for modifying and supplementing in relation to the period to which the Act is to apply, the provisions of this Law, and where the repeal of the Law of 1950 has not yet taken effect, the provisions of that Law.

ARTICLE 55

SHORT TITLE

This Law may be sited as the Social Security (Jersey) Law, 1974.


FIRST SCHEDULE

(Articles 13 and 27)

PART I

Rates of Benefit

 

Description of Benefit.

Weekly Rate.

1.

Sickness benefit ..........

Standard rate of benefit.

2.

Invalidity benefit .........

Standard rate of benefit.

3.

Injury benefit ..............

Standard rate of benefit.

4.

Maternity allowance ...

Standard rate of benefit.

5.

Widow’s allowance ....

120 per cent of the Standard rate of benefit.

6.

Widowed mother’s allowance ....................

Standard rate of benefit.

7.

Widow’s pension ........

Standard rate of benefit.

8.

Old age pension ..........

as from 1st January, 1975 – £10.02

 

 

as from 1st October, 1975 – 81% of the standard rate of benefit

 

 

, 1976 – 82%

 

 

‚ 1977 – 83%

 

 

‚ 1978 – 84%

 

 

‚ 1979 – 85%

 

 

‚ 1980 – 86%

 

 

‚ 1981 – 87%

 

 

‚ 1982 – 88%

 

 

‚ 1983 – 89%

 

 

‚ 1984 – 90%

 

 

‚ 1985 – 91%

 

 

‚1986 – 92%

 

 

‚ 1987 – 93%

 

 

‚1988 – 94%

 

 

‚ 1989 – 95%

 

 

‚ 1990 – 96%

 

 

‚ 1991 – 97%

 

 

‚ 1992 – 98%

 

 

‚ 1993 – 99%

 

 

‚ 1994 – standard rate of benefit

9.

Old age pension where the pension is payable to a woman by virtue of a husband’s insurance and he is alive ............................






66 per cent of the rate of old age pension payable to the husband.

PART II

Amounts of grants

 

Description of Grant.

Amount.

1.

Maternity grant ….........

A lump sum equal to three times the standard rate of benefit.

2.

Death grant, where the person in respect of whose death the grant is paid was at his death –

 

 

(a)

Under three years of age ........……...


A lump sum equal to twice the standard rate of benefit.

 

(b)

three years of age, or over ....……….


A lump sum equal to four times the standard rate of benefit.

PART III

 

Increase for adult dependent

66 per cent of the rate of benefit payable to the beneficiary.


SECOND SCHEDULE

(Article 14)

CONTRIBUTION CONDITIONS

 

Sickness benefit

1.-(1)  The contribution conditions for sickness benefit are that –

(a)     the claimant has paid contributions prior to the end of the relevant quarter and the annual contribution factor derived from those contributions is less than 0.25; and

(b)     the claimant has been paid or been credited with contributions in respect of the relevant quarter and the quarterly contribution factor derived from those contributions is 1.00.

(2)     In this paragraph the expression “relevant quarter” means the previous quarter but one before the quarter in which the entitlement to sickness benefit first arises.

 

Invalidity benefit

2.-(1)  The contribution conditions for invalidity benefit are that –

(a)     the claimant has paid contributions prior to the end of the relevant quarter and the annual contribution factor derived from those contributions is not less than 0.5; and

(b)     the claimant has paid or been credited with contributions in respect of the relevant quarter and the quarterly contribution factor derived from those contributions is 1.00.

(2)     In this paragraph the expression “relevant quarter” means the previous quarter but one before the quarter in which entitlement to invalidity benefit first arises.

 

Accident benefit

3.-(1)  The contribution conditions for accident benefit are that either –

(a)     a contribution was payable by or in respect of the claimant in respect of the contribution month in which the relevant accident occurred; or

(b)    (i)      the claimant has 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

(ii)     the claimant has either 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 0.33.

(2)     In this paragraph the expression “relevant quarter” means the previous quarter but one before the quarter in which the relevant accident occurs.

 

Maternity allowance

4.-(1)  The contribution conditions for maternity allowance are that –

(a)     the claimant has 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 claimant has paid or been credited with contributions in respect of the relevant quarter and the quarterly contribution factor derived from those contributions is 1.00.

(2)     In this paragraph the expression “relevant quarter” means the previous quarter but one before the quarter in which the beginning of the maternity allowance period falls.

 

Maternity grant

5.-(1)  The contribution conditions for maternity grant are that –

(a)     the relevant person has paid contributions prior to 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 0.33.

(2)     In this paragraph –

(a)     the expression “relevant person” means the person by whom the conditions are to be satisfied;

(b)     the expression “relevant quarter” means the previous quarter but one before the quarter in which the confinement takes place or, where the relevant person is the husband and he was dead or over pensionable age on that date, the date of his attaining pensionable age or dying under that age.

 

Widow’s benefit and old age pension

6.-(1)  The contribution conditions for widow’s benefit or old age pension are that –

(a)     the relevant person has paid contributions before the relevant time and the annual contribution factor derived from those contributions is not less than 0.5; and

(b)     the life average contribution factor derived from the contributions paid by or credited to that person (as at the relevant time) is 1.00:

Provided that where the death of the relevant person has resulted from an accident happening within the Bailiwick, the contribution conditions shall be that either –

(i)      the relevant person satisfied the contributions set out in sub-paragraphs (a) and (b) of this paragraph; or

(ii)     the relevant person satisfied the contribution conditions for accident benefit set out in sub-paragraph (a) or (b) of paragraph 3 of this Schedule.

(2)     In this paragraph –

(a)     the expression “relevant person” means the person by whom the conditions are to be satisfied;

(b)     the expression “relevant time” means the date of the relevant person attaining pensionable age or dying under that age.

 

Death grant

7.-(1)  The contribution conditions for a death grant are that –

(a)     a contribution was payable by the relevant person in respect of the contribution month in which the death occurred; or

(b)    (i)      the relevant person has 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

(ii)     the relevant person has been paid or been credited with contributions in respect of the relevant quarter and the relevant quarterly contribution factor derived from those contributions is not more than 0.33.

(2)     In this paragraph –

(a)     the expression “relevant person” means the person by whom the conditions are to be satisfied;

(b)     the expression “relevant quarter” means the previous quarter but one before the quarter in which the death occurred or, where immediately before the date of the deceased’s death the relevant person was dead or over pensionable age, the previous quarter but one before the quarter in which that person attained pensionable age or died under that age.


THIRD SCHEDULE

(Article 49)

OATHS OF OFFICE

From oaths to be taken by the Controller.

You swear and promise before god that you will well and faithfully discharge the duties of the Controller of Social Security in accordance with the laws relating to social security; that you will conduct yourself without hatred, favour or partiality; that you will exercise the powers entrusted to you by the said laws in such a manner only as shall appear to you to be necessary for the due execution of the same; and that you will not disclose any information which may come to your knowledge in the performance of your duties except to such persons only as shall act in execution of the said laws and where it shall be necessary to disclose the same to them for the purposes of the said laws, or in so far as you may be required to disclose the same for the purposes or in the course of a prosecution for an offence against the said laws, or in such cases as you are expressly authorized by the said laws to disclose the same.

From oath to be taken by other officers.

You swear and promise before God that you will well and faithfully discharge the duties displaced upon you as an officer of the Social Security Department in accordance with the laws relating to social security; and that you will not disclose any information which may come to your knowledge in the performance of your duties except to such persons only as shall act in execution of the said laws and where it shall be necessary to disclose the same to them for the purposes of the said laws, or in so far as you may be required to disclose the same for the purposes of the course of a prosecution for an offence against the said laws, or in such cases as you are expressly authorized by the said laws, to disclose the same.


FOURTH SCHEDULE

(Article 1)

SOCIAL SECURITY TRIBUNAL

1.             The Social Security Tribunal shall consist of a chairman and five other members appointed by the States, on the recommendation of the Committee.

2.             Of the five other members of the Social Security Tribunal, three only, to be selected by the Committee, shall be summoned to attend any particular session of the Tribunal.

3.             Where the chairman of the Social Security Tribunal is unable to act, the Committee shall designate one of the five other members of the Tribunal to act as deputy chairman.


FIFTH SCHEDULE

(Article 53)

AMENDMENT OF HEALTH INSURANCE (JERSEY) LAW, 196711

1.             In paragraph (1) of Article 1 –

(a)     the definition of “contribution week”, “employed contributor’s employment”, “employer’s contribution”, “employed person”, “employment”, “the Health Insurance Tribunal”, “the Insular Insurance Law”, “insurance stamps”, non-employed person”, and “self-employed person” are hereby repealed;

(b)     for the definition of “compulsory insurance age” there shall be substituted the following definition –

“ ‘compulsory insurance age’ means the age of sixty five;”

(c)     for the definition of “the Family Allowances Law” there shall be substituted the following definition –

“ ‘the Family Allowance Law’ means the Family Allowances (Jersey) Law, 1972;”

(d)     after the definition of “prescribed” there shall be inserted the following definitions –

“ ‘the Social Security Law’ means the Social Security (Jersey) Law, 1974; and

‘the Social Security Tribunal’ means the tribunal constituted and so called by virtue of the Fourth Schedule to the Social Security Law.”

2.             Sub-paragraph (d) of paragraph (3), and paragraph (4) of Article 1 are hereby repealed.

3.             For Article 4 there shall be substituted the following Article –

“ARTICLE 4

CHILD OF THE FAMILY

For the purposes of this Law –

(a)        ‘child’ means a person under the age of sixteen years, and a person who, by virtue of an order made under paragraph (1) of Article 10 of the Social Security Law, is expected from liability to pay contributions under that Law on the ground that he is a person in full time education;

(b)        a person shall be deemed to have a family which includes a child or children if that person, (not being a child) and a child or children (with or without a wife or husband of that person) would be treated for the purposes of the Family Allowances Law and is constituting a family, and references to a child of a person’s family shall be construed accordingly.”

4.             Articles 6, 7, 8, 9, 10, 11, 12, 13, 14 and 47, and the First and Fourth Schedules are hereby repealed.

5.             In Article 17 –

(a)     in paragraph (1), for the words “thirteen contribution weeks” there shall be substituted the words “three months”;

(b)     in paragraph (1A), for the words “thirteen contribution weeks” and “twenty-six contribution weeks” there shall be substituted the words “three months” and “six months” respectively;

(c)     sub-paragraph (b) of paragraph (2) is hereby repealed.

6.             In Article 19, for the words “Insular Insurance Fund” and “Insular Insurance Law” there shall be substituted the words “Social Security Fund” and “Social Security Law” respectively.

7.             For paragraph (1) of Article 30 there shall be substituted the following paragraph –

“(1)        For the purposes of this Law, there shall be established, under the control and management of the Committee, a fund called “the Health Insurance Fund” into which shall be paid the Health Insurance Fund Allocations specified in Article 30 of the Social Security Law and such other sums as the States may determine, and out of which shall be paid all claims for money benefit and all sums payable in respect of pharmaceutical benefit provided under this Law, and all expenses incurred by the Committee in carrying this Law into effect.”

8.             In Article 37 –

(a)     for the words “Health Insurance Tribunal”, wherever they appear, there shall be substituted the words “Social Security Tribunal”;

(b)     sub-paragraph (a) of paragraph (2), paragraph (3), and sub-paragraph (b) of paragraph (8) are hereby repealed;

(c)     in paragraph (8), the words “(3) or” and “the Insular Insurance Law or” shall be deleted.

9.             In this Article 38, for the words “Health Insurance Tribunal”, wherever they appear, there shall be substituted the words “Social Security Tribunal”.

10.           In paragraph (2) of Article 39, the words “whether contributions are or have been payable, or have been duly paid, by or in respect of any person, or” shall be deleted.

11.           In Article 44, sub-paragraphs (a), (b), (c), (d), (e) and (f) of paragraph (1), and paragraphs (4) and (5) are hereby repealed.


SIXTH SCHEDULE

(Article 52)

ENACTMENTS REPEALED12

 

First Column.

Second Column.

Insular Insurance (Jersey) Law, 1950.

The whole Law

Insular Insurance (Amendment) (Jersey) Law, 1952.

The whole Law

Insular Insurance (Amendment No. 2) (Jersey) Law. 1952.

The whole Law

Insular Insurance (Amendment No. 3) (Jersey) Law, 1953.

The whole Law Article 43

National Service (Jersey) Law, 1954.

The whole Law

Insular Insurance (Amendment No. 4) (Jersey) Law, 1954.

The whole Law

Insular Insurance (Amendment No. 5) (Jersey) Law, 1956.

The whole Law

Insular Insurance (Amendment No. 6) (Jersey) Law, 1958.

The whole Law

Insular Insurance (Amendment No. 7) (Jersey) Law, 1961.

The whole Law

Insular Insurance (Amendment No. 8) (Jersey) Law, 1961.

The whole Law

Insular Insurance (Amendment No. 9) (Jersey) Law, 1963.

The whole Law

Insular Insurance (Amendment No. 10) (Jersey) Law, 1963.

The whole Law

Insular Insurance (Amendment No. 11) (Jersey) Law, 1965.

The whole Law

Insular Insurance (Amendment No. 12) (Jersey) Law, 1965.

The whole Law

Insular Insurance (Amendment No. 13) (Jersey) Law, 1967.

The whole Law

Insular Insurance (Amendment No. 14) (Jersey) Law, 1968.

The whole Law

Insular Insurance (Amendment No. 15) (Jersey) Law, 1968.

The whole Law

Insular Insurance (Amendment No. 16) (Jersey) Law, 1969.

The whole Law

Insular Insurance (Amendment No. 17) (Jersey) Law, 1971.

The whole Law

Insular Insurance (Amendment No. 18) (Jersey) Law, 1972.

The whole Law

Insular Insurance (Amendment No. 19) (Jersey) Law, 1972.

The whole Law

Insular Insurance (Amendment No. 20) (Jersey) Law, 1972.

The whole Law

Insular Insurance (Amendment No. 21) (Jersey) Law, 1973.

The whole Law

Insular Insurance (Amendment No. 4) (Jersey) Regulations, 1973.

The whole Regulations

Insular Insurance (Amendment No. 5) (Jersey) Regulations, 1973.

The whole Regulations

Insular Insurance (Amendment No. 6) (Jersey) Regulations, 1974.

The whole Regulations

 

R.S. GRAY

 

Deputy Greffier of the States.



1        Tome 1966–1967, page 558.

2        Tome 1949–1950, page 497.

3        Tome 1957–1960, page 493.

4        Tome 1970–1972, page 414.

5        Tomes IV–VI, page 303 and Tome 1970–1972, page 377.

6        Tome 1970–1972, page 413.

7        Tome 1970–1972, page 413.

8        Tome 1970–1972, page 413.

9        Tome 1957–1960, page 519.

10      Tome 1966–1967, page 535.

11      Tome 1966–1967, pages 536, 537, 538, 539, 541, 542, 543, 545, 546, 548, 549, 551, 558, 565, 568, 575, 579 and 587, Tome 1968–1969, page 2 and R & O’s 5160 and 5647.

12      Tome 1949–1950, page 497, Tome 1951–1953, pages 131,293 and 737, Tome 1954–1956, pages 178, 191, and 487, Tome 1957–1960, page 321, Tome 1961–1962, pages 25 and 323, Tome 1963–1965, pages 131, 139, 375 and 565, Tome 1966–1967, page 415, Tome 1968–1969, pages 3, 73 and 141, Tome 1970–1972, pages 233, 271, 389 and 391, Tome 1973–19-, page 1 and R & O’s 5821, 5882 and 5974.


Page Last Updated: 09 Jun 2015