Costs Bonus (Jersey) Regulations 2020
Made 9th September 2020
force 10th September 2020
THE STATES make these Regulations under the Order in
Council dated 28th March 1771 –
these Regulations, unless the context otherwise requires –
“2007 Law” means the
Income Support (Jersey) Law 2007;
“adult” has the same
meaning as in the 2007 Law;
“bonus” means a Community
Costs Bonus referred to in Regulation 2;
“Minister” means the
Minister for Social Security.
these Regulations –
(a) references to a household are to be construed in the same way as
they are for the purposes of the 2007 Law; and
(b) references to a person being a member of a household are to be
construed in accordance with Article 5 of the Income Support (General
Provisions) (Jersey) Order 2008.
entitlement to bonus
2 Payment of bonus
The Minister must pay a Community
Costs Bonus –
(a) on behalf of a household that
qualifies for it under Regulation 3;
(b) to a member of that household who applies for it in accordance
with Regulation 4;
(c) in the amount specified in Regulation 5 for the year in
relation to which the application is made.
3 Qualifying conditions
household qualifies for a bonus in a year if it meets all of the conditions in
paragraphs (2) to (4) in relation to that year.
first condition is that no person has received on behalf of the household any
payment which –
(a) relates to any of the 7 days
preceding the day on which the application is made for the bonus;
(b) is made under the
2007 Law; and
(c) is not an exempt payment
second condition is that where an application for a bonus is made on behalf of
the household no member of the household was served with a notice of assessment
under Article 25 of the Income Tax (Jersey) Law 1961 showing a liability
to income tax for the year of assessment preceding the year to which the
third condition is that at least one member of the household –
(a) is an adult on the date on which the application for the bonus
is made; and
(b) subject to paragraphs (7) to (9), has been ordinarily
resident in Jersey for a continuous period of 5 years immediately
preceding the date on which the application for the bonus is made.
paragraph (1), if a household resides entirely in residential care that
household is eligible for a bonus if –
(a) the conditions in
paragraphs (2), (3) and (4) are satisfied; and
(b) no member of the
household has received a benefit referred to in Article 4(1)(b) of the
Long-Term Care (Jersey) Law 2012 which relates to any
of the 7 days preceding the day on which the application for the bonus is
payment made on behalf of a household is exempt if –
(a) it is, or it includes, a protected payment under the Income
Support (Transitional Provisions) (Jersey) Order 2008; or
(b) in the case of –
(i) a household not residing entirely in
residential care, it is a special payment under the 2007 Law, or
(ii) a household residing
entirely in residential care, it is a special payment under the Income Support
(Special Payments) (Jersey) Regulations 2007.
person resident outside Jersey is nevertheless to be treated as being
ordinarily resident in Jersey for any part of the period specified in
paragraph (4)(b) in which that person’s principal residence is in Jersey.
person detained by virtue of a sentence of imprisonment, youth detention or
similar punishment (whether in Jersey or elsewhere) is not to be treated as
ordinarily resident in Jersey for the period during which the person is so
period during which a person was ordinarily resident in Jersey immediately
prior to a detention referred to in paragraph (8) is to be treated as if
it immediately preceded the person’s release from that detention.
this Regulation “residential care” means services provided at an institution
consisting of –
(a) lodging; and
(b) assistance with
activities that are part of normal daily living (such as bathing).
4 Application for bonus
(1) An application for a bonus must be made to
the Minister –
(a) in the year to which it
(b) on behalf of a
qualifying household by a member of that household who meets the condition in
(2) Only one application for a bonus may be
made for any one year on behalf of any one qualifying household.
5 Amount of bonus
For the years 2020, 2021 and 2022 the amount of the bonus is £258.25.
PROCEDURAL AND MISCELLANEOUS PROVISIONS
6 Applications, determinations and appeals
The Schedule has effect.
(1) A person must not, with intent to obtain a
bonus, whether on behalf of that person or of another person or of any
any information that he or she knows to be false in a material particular;
furnish any information that is false in a material particular; or
any material information.
(2) A person must not obtain or receive a
bonus, whether on behalf of that person or of another person or of any
household, knowing that it was not properly payable to, or not properly receivable
by, him or her.
(3) A person who contravenes paragraph (1)
or (2) commits an offence and is liable to imprisonment for a term of
2 years and to a fine.
8 Offences by bodies
corporate and others
(1) In this Regulation –
offence” means an offence under these Regulations that is committed by a
limited liability partnership, a separate limited partnership, an incorporated
limited partnership or another body corporate;
“relevant person” means –
(a) if the relevant offence
is committed by a limited liability partnership, a partner of the partnership;
(b) if the relevant offence
is committed by a separate limited partnership or an incorporated limited
(i) a general partner, or
(ii) a limited partner who is
participating in the management of the partnership;
(c) if the relevant offence
is committed by a body corporate other than an incorporated limited partnership
(i) a director, manager, secretary or other
similar officer of the body corporate, and
(ii) if the affairs of the
body corporate are managed by its members, a member who is acting in connection
with the member’s functions of management; and
(d) a person purporting to
act in any capacity described in sub-paragraphs (a) to (c) in relation to the
partnership or body that commits the relevant offence.
a relevant offence is proved to have been committed with the consent or
connivance of a relevant person, that relevant person is also guilty of the
offence and liable in the same manner as the partnership or body corporate to
the penalty provided for that offence.
9 Citation and duration
(1) These Regulations may be cited as the Community
Costs Bonus (Jersey) Regulations 2020.
(2) These Regulations come into force on the
day after they are made and, unless earlier repealed, they remain in force for
applications, determinations and appeals
In this Schedule, unless
the context otherwise requires –
“applicant” means a person
who has made an application for a bonus under these Regulations;
“determining officer” means
a determining officer as defined in the 2007 Law or as appointed under Article 33
of the Social Security (Jersey) Law 1974;
“Registrar” is to be
construed in accordance with Article 4 of the Social Security (Determination
of Claims and Questions) (Jersey) Order 1974;
“Royal Court” means the
Inferior Number of the Royal Court;
“Tribunal” means the
Social Security Tribunal constituted under Article 8 of the Social
Security (Determination of Claims and Questions) (Jersey) Order 1974.
2 Manner in which applications are to be
application for a bonus must be made to the Minister on a form approved by the
Minister, or in such other manner as the Minister may accept as sufficient in
the circumstances for the case.
application is treated as having been made on the day on which it is received
by the Minister at an office approved by the Minister for the receiving of
an application is defective at the date when it is received or has been made in
a manner otherwise than as required by sub-paragraph (1), the Minister may
refer the application to the applicant or, as the case may be, supply him or
her with the form, and if the form is received properly completed within 14 days
from that date on which the application is so referred, or the form is so
supplied, to the applicant, the Minister must treat the application as if it
had been duly made in the first instance.
applicant may, by notice in writing to the Minister, amend an application at
any time before the application is determined and the Minister may treat the
application as if it had been made as so amended in the first instance.
3 Late application
If in any case the
applicant proves that there was good cause for a failure to make the
application before the date on which it was made, the time prescribed by Regulation 4(1)(a)
for making that application is extended to the date on which the application is
made, subject to maximum extension of 6 months.
4 Extinguishment of right to sum payable
by way of bonus
right to payment of any sum by way of bonus is extinguished where payment of
the sum is not obtained within the period of 2 years from the date on
which the right is to be treated as having arisen.
the purpose of this paragraph the right is to be treated as having arisen –
(a) in relation to any such
sum contained in an instrument of payment which has been given or sent, for the
purposes of making payment of that sum, to the applicant or to an approved
place for collection by the applicant (whether or not received or collected as
the case may be), notwithstanding that that sum is greater or less than the sum
to which the applicant has the right to payment –
(i) on the date on the said instrument of
(ii) if a further instrument
of payment has been so given or sent as a replacement for an instrument of
payment previously given or sent, on the date on the last such instrument of
(b) in relation to any such
sum to which clause (a) does not apply, but where notice is given (whether
orally or in writing) or is sent that the sum contained in the notice is
available for collection, notwithstanding that that sum is greater or less than
the sum to which the applicant has the right to payment –
(i) if written notice is sent through the
post, on the date on which it would be delivered in the ordinary course of
(ii) in any other case, on
the date of the notice,
and if more than one
such notice is given or sent, on the date determined by reference to the first
(c) in relation to any such
sum to which neither clause (a) nor (b) applies, on such date as the
a question arises whether the right to payment of any sum by way of bonus has
been extinguished by the operation of this paragraph and the determining
officer or the Tribunal is satisfied that –
(a) after the expiration of
the said period of 2 years the Minister has received notice requesting
payment of that sum; and
(b) throughout a period
commencing within the said period of 2 years and continuing up to the day
on which the notice was given there was good cause for not giving that notice,
the said period of 2 years
is extended to the date on which the determining officer or the Tribunal
decides that question, and, for the purposes of the operation of this
paragraph, after that decision the right to payment of that sum is to be
treated as having arisen on that date.
paragraph applies to a person authorised or appointed to act on behalf of an
applicant as it applies to an applicant.
5 Information and evidence in support of
applicant, or such other adult member of the household as the determining
officer may specify, must furnish such certificates and other documents and
information as the determining officer may require in connection with the
application and, if reasonably so required, must for that purpose attend at
such office or place as the determining officer may direct.
prejudice to the generality of sub-paragraph (1) and paragraph 2(1),
the Minister may require the application to contain at least the following
(a) the address of the
(b) in relation to each adult
member of the household, including the applicant, that person’s –
(i) title and full name (including any
(ii) date of birth,
(iii) social security number,
(iv) relationship to the
(v) employment status;
(c) a copy of any notice of
assessment under Article 25 of the Income Tax (Jersey) Law 1961 for the preceding
year related to any adult member of the household, including the applicant; and
(d) in relation to the
applicant only –
(i) confirmation of that person’s period of
ordinary residence in Jersey, and
(ii) details of a bank
account, if available, into which the bonus can be paid, including the name of
the bank, the sort code, the account number and the name of the account holder.
determining officer may treat an application as not having been made unless and
until each adult member of the household has taken any step requested of that
member by the determining officer to assist in enabling the Comptroller of
Taxes to release to the determining officer any information that –
(a) is held by the
(b) is required by the determining
officer in order to determine whether the household meets the second condition,
as set out in Regulation 3(3).
6 Persons unable to act
the case of an applicant who is unable to act who –
(a) has not been received
into guardianship under a guardianship application under Article 29 of the
Mental Health (Jersey) Law 2016; and
(b) does not have, acting on
his or her behalf –
(i) a delegate appointed under Part 4 of the
Capacity and Self-Determination (Jersey) Law 2016, or
(ii) a person acting under
the authority of a lasting power of attorney conferred under Part 2 of
the Minister may, on
receipt of a written request, appoint a person to act on the applicant’s
any appointment by the Minister terminates –
(a) if the applicant is
received into guardianship or has appointed, in relation to him or her, a
person as mentioned in paragraph (1)(b);
(b) at the request of the
(c) if revoked by the
(d) if the applicant becomes
able to act.
7 Functions of determining officers
application for a bonus must be determined by a determining officer and where
required under paragraph 8, redetermined by a second determining officer.
determining officer must notify in writing the applicant (or other person
acting on his or her behalf) and all the other adult members of the applicant’s
(a) of every adverse
determination or decision made in respect of the household and the reasons for
(b) of their rights to
challenge an adverse determination or decision, as set out in sub-paragraph (3)
in the case of a first determination or as set out in sub-paragraph (4) in
the case of a redetermination.
the case of an adverse first determination, the determining officer must notify
the other persons mentioned in sub-paragraph (2) –
(a) of the right of any of
them to have every adverse determination or decision reconsidered by a second
(b) that this right must be
exercised within 21 days of the person receiving notice of the
determination or decision; and
(c) that if the right is not
exercised there is no right of further appeal.
the case of an adverse redetermination, the determining officer must notify the
other persons mentioned in sub-paragraph (2) of the right of any of them
to appeal to the Tribunal.
the determining officer or, in the case of a redetermination, the second
determining officer, has determined that the household is entitled to an award
and the amount of the award, he or she must allow payment to be made.
8 Reconsideration by second determining
If an applicant or an
adult member of the applicant’s household is dissatisfied with any
determination under paragraph 7 that is made by a first determining
officer considering the matter, he or she may require the matter to be
reconsidered by a second determining officer at any time within 21 days of
receiving notice of the decision or determination.
9 Appeals to Tribunal
an applicant or an adult member of the applicant’s household is dissatisfied
with any redetermination by a second determining officer, he or she may appeal
to the Tribunal within 14 days of receiving notification of the decision.
appeal made outside the 14 day period, but within 28 days of
receiving notification of the determination, may be allowed with the consent of
the chairman of the Tribunal.
appeal must be made in writing to the Registrar on a form approved by the Registrar
for that purpose, or in such manner as the Registrar may accept as sufficient
in the circumstances of the case.
10 Further particulars
Tribunal may at any time require the applicant or the determining officer to
furnish it with further particulars in writing and within such time as it may
direct with regard to any appeal, and may at any stage of the proceedings allow
the amendment of any application for appeal or any statement or particulars and
extend the time for furnishing any statement or particulars.
after the expiration of the time, or where the time has been extended,
expiration of the extended time, for furnishing any statement or particulars
under sub-paragraph (1), the applicant has failed to do so, the appeal is
to be treated as having been abandoned.
11 Special procedure in cases of groundless
in the opinion of a determining officer, an application for appeal is made on
grounds that are bound to fail, the determining officer may, within 14 days
of receiving the application, request the Registrar to place the papers before
the chairman or deputy chairman of the Tribunal.
on considering the papers, the chairman or deputy chairman of the Tribunal is
of the opinion that the appeal is bound to fail, he or she must send a notice
to the applicant stating that –
(a) he or she has considered
the application for appeal and is of the opinion that the appeal is bound to
(b) unless the applicant
renews his or her application to the Tribunal within 14 days of receiving
the notification, the appeal will be treated as having been abandoned.
12 Decision without a hearing
If the applicant and the
Minister agree and the Tribunal thinks that the case can properly be determined
on the particulars supplied by the parties without a hearing, it may decide the
matter without a hearing on the particulars so supplied.
13 Procedure of Tribunal
parties to the appeal are the applicant and the Minister and each party or any
person acting on behalf of that party may make representations to the Tribunal.
Tribunal must sit in public unless the Tribunal considers it necessary to sit
no person other than the Registrar may be present while the Tribunal is
considering its decision.
Tribunal may adjourn the hearing from time to time as it thinks fit.
Tribunal may, if it thinks fit, admit any duly authenticated written statement
or other material as prima facie evidence of
any fact or facts in any case in which it thinks it just and proper to do so.
Tribunal may, if it thinks fit, call for such documents and examine such
witnesses as appear to it likely to afford evidence relevant and material to
the issue, although not tendered by either the applicant or the Minister.
after notice of the hearing has been duly given, the applicant or the Minister
fails to appear at the hearing, the Tribunal may proceed to determine the
appeal notwithstanding the absence of both or either of them, or may give such
directions with a view to the determination of the application as the Tribunal
thinks just and proper.
Tribunal may require any party to proceedings before the Tribunal under this
Schedule or any witness in the proceedings to give evidence on oath and, for
that purpose, the chairman or deputy chairman presiding over the Tribunal has
power to administer an oath.
in connection with the determination of any application, there is before the
Tribunal medical advice or medical evidence relating to the applicant that has
not been disclosed to the applicant and, in the opinion of the chairman or
deputy chairman, the disclosure to the applicant of that advice or evidence
would be harmful to the applicant’s health, such advice or evidence is not
required to be disclosed to the applicant, but the Tribunal is not by reason of
such non-disclosure precluded from taking it into account for the purpose of
the appeal of any case under this paragraph, the Tribunal may confirm, reverse
or vary the decision of the second determining officer and must give its
decision in public.
decision of the majority of the members of the Tribunal is the decision of the
Tribunal and there must be a written record of the decision signed by the
chairman or deputy chairman as the case may be which –
(a) includes the names of the
(b) includes the reasons for
the decision; and
(c) records any dissent and
the reasons for such dissent,
and the Registrar must
send a copy of such written record to the parties as soon as practicable after
the appeal has taken place.
the Tribunal has made a decision adverse to the applicant, the applicant must
be advised that the decision on the facts is final but that he or she may
appeal to the Royal Court on a point of law.
to this paragraph, the Tribunal may regulate its own procedure.
14 Appeals and references
person aggrieved by a decision of the Tribunal, may on a point of law only,
appeal to the Royal Court.
appeal under sub-paragraph (1) may only be made with leave of the Tribunal
or the Royal Court, and must be made before the end of the period of 4 weeks
beginning with the date of the Tribunal’s written decision.
application for leave to appeal under sub-paragraph (2) may include an
application to stay a decision of the Tribunal pending the appeal.
appeal lies from a decision of the Tribunal refusing leave for the institution
or continuance of, or for the making of an application in, proceedings by a
person who is the subject of an order under Article 1 of the Civil
Proceedings (Vexatious Litigants) (Jersey) Law 2001.
hearing an appeal under this paragraph the Royal Court may –
(a) confirm the decision of
the Tribunal wholly or in part;
(b) vary the decision of the
(c) quash the decision of the
Tribunal wholly or in part; or
(d) remit the decision,
wholly or in part, to the Tribunal to be retaken.
Tribunal or a determining officer may refer any point of law to the Royal Court
for the Royal Court to give a ruling on the point.
15 Administrative expenses
The Minister may pay to
any member of the Tribunal who exercises any functions under these Regulations,
and any other person whose advice or assistance may be required for the
purposes of these Regulations by the Tribunal or by a determining officer, such
remuneration and expenses as the Minister may determine.
16 Recovery of awards wrongly made
it is found at any time that any award has been paid that was not properly
payable, the Minister may require it to be repaid –
(a) if it was paid to a
person in his or her own right or on behalf of a qualifying household, by that
(b) if it was paid to a
person on behalf of another person or a qualifying household, by that person,
by that other person or by a member of that household.
it is found at any time that any award properly payable has been paid to a
person not being a person by whom it was properly receivable, the Minister may
require it to be repaid by the person to whom it was paid.
case of the death of a person who could be required to repay a sum under this
paragraph, the Minister may require it to be repaid by the person charged with
the administration of the deceased person’s personal estate.
for the recovery of any sum which a person is required under this paragraph to
repay to the Minister may be instituted by the Treasurer of the States and
notwithstanding any enactment or rule of law to the contrary, any such
proceedings may be brought at any time within 10 years from the time when
that sum was paid, or, where the proceedings are for the recovery of a
consecutive series of sums, within 10 years from the date on which the
last sum of the series was paid.
sum which a person is required under this paragraph to repay to the Minister
may, without prejudice to any other remedy, be recovered by means of deduction
from any other payment due under these Regulations to the person to whom the
sum was paid, unless it was paid to that person on behalf of another, in which
case it may, without prejudice to any other remedy, be recovered by means of
deduction from any payment due under these Regulations to that other person.
Any notice, notification
or other document required or authorised by this Schedule to be given to any
person is deemed to have been given or sent if it was sent by post to that
person at the person’s ordinary or last known address.