Social Security (Amendment of Law No. 4) (Jersey) Regulations 2012

Made                                                                     6th December 2012

Coming into force                            in accordance with Regulation 18

THE STATES, in pursuance of Articles 50 and 51 of the Social Security (Jersey) Law 1974[1], have made the following Regulations –

PART 1

INTRODUCTORY

1        Interpretation

In these Regulations, a reference to an Article of or Schedule to a Law, or to any other sub-division of a Law, by number, is a reference to the Article, Schedule or other sub-division of that number in the Social Security (Jersey) Law 1974[2].

PART 2

HOME CARER’S ALLOWANCE

2        Article 12 amended

In Article 12 after paragraph (g) there shall be added the following paragraph –

“(h)    home carer’s allowance.”.

3        Article 14 amended

In Article 14(2) –

(a)     after the words “incapacity benefit,” there shall be inserted the words “home carer’s allowance,”;

(b)     after the words “3(1)(b),” there shall be inserted the words “3A(1)(b),”.

4        Article 18A inserted

After Article 18 there shall be inserted the following Article –

“18A Home carer’s allowance

(1)     Subject to the provisions of this Law, a person (the ‘carer’) shall be entitled to a home carer’s allowance for any day on which –

(a)     he or she is regularly and substantially engaged in caring for another person (the ‘cared for person’); and

(b)     the conditions in paragraphs (2) and (3) are satisfied.

(2)     The carer must –

(a)     satisfy such conditions as to residency and presence in Jersey as may be prescribed;

(b)     satisfy the relevant contribution conditions;

(c)     not have earnings, for any prescribed period, that exceed such amount as may be prescribed; and

(d)     not receive earnings for the provision of such care to the cared for person.

(3)     The cared for person must –

(a)     meet the criteria for the rate payable in respect of the personal care element of the impairment component under paragraph 6(3)(c) of Schedule 1 to the Income Support (Jersey) Regulations 2007[3]; and

(b)     satisfy such conditions as to residency and presence in Jersey as may be prescribed.

(4)     A carer who has attained pensionable age shall not be entitled to a home carer’s allowance in respect of a cared for person unless the carer –

(a)     was entitled to such allowance in respect of the cared for person (or is treated by Order as having been so entitled) immediately before attaining that age; and

(b)     claimed such allowance before attaining that age.

(5)     A carer shall not be entitled for the same day to more than one home carer’s allowance.

(6)     Where, apart from this paragraph, 2 or more carers would be entitled for the same day to home carer’s allowance in respect of the same cared for person, one of them only shall be entitled as determined in the prescribed manner.

(7)     The Minister –

(a)     shall prescribe, for the purposes of paragraph (1)(a), the circumstances in which a carer is to be treated as regularly and substantially engaged in caring for a cared for person; and

(b)     may prescribe earnings that are to be disregarded for the purposes of paragraph (2)(c) or (d).”.

5        Article 26F amended

In Article 26F(1)(d) for the words “invalid care allowance under the Invalid Care Allowance (Jersey) Law 1978” there shall be substituted the words “home carer’s allowance, as referred to in Article 18A,”.

6        Article 28 amended

In Article 28(1)(a) –

(a)     before clause (i) there shall be inserted the following clause –

“(ai)   any pension payable out of the public funds of Jersey or the public funds of any other country or territory is payable to or in respect of that person or that person’s wife, husband or civil partner,”;

(b)     in clause (i) the words “pension or” shall be deleted.

7        Article 33 amended

In Article 33 –

(a)     in paragraphs (3), (4) and (7), for the words “Social Security Tribunal”, in each place that they appear, there shall be substituted the word “Tribunal”;

(b)     after paragraph (8) there shall be added the following paragraph –

“(9)    In this Article, ‘Tribunal’ means –

(a)     in the case of any appeal from any determination of a determining officer as to whether, for the purposes of Article 18A(1)(a), a carer is regularly and substantially engaged in caring for a cared for person or whether a cared for person meets the criteria described in Article 18A(3)(a) – the Medical Appeal Tribunal constituted under Article 9(2)(a) of the Income Support (Jersey) Law 2007[4]; and

(b)     in the case of any other appeal from any determination of a determining officer – the Social Security Tribunal constituted under Article 33A.”.

8        Article 54B inserted

After Article 54A there shall be inserted the following Article –

“54B Transitional arrangements: replacement of invalid care allowance by home carer’s allowance

(1)     This paragraph applies where –

(a)     immediately before commencement, a person (the ‘first person’) was, under the 1978 Law, entitled to invalid care allowance in respect of the care of a severely disabled person (the ‘second person’); and

(b)     the first person had claimed such allowance before commencement.

(2)     In a case to which paragraph (1) applies, upon commencement –

(a)     the first person shall, for the purposes of Article 18A(1)(a), be taken to be regularly and substantially engaged in caring for the second person;

(b)     the first person shall be taken to satisfy any residency requirement prescribed under Article 18A(2)(a);

(c)     the first person shall be taken to satisfy the requirement in Article 18A(2)(b);

(d)     the second person shall be taken to satisfy any residency requirement prescribed under Article 18A(3)(b).

(3)     Paragraph (2)(a) shall cease to have effect upon the completion of the first review carried out, following commencement, in the prescribed circumstances, of the first person’s entitlement to home carer’s allowance.

(4)     The references in Article 18A(4)(a) and (b) to a person having been entitled to and claimed home carer’s allowance include references to a person having been entitled to and claimed invalid care allowance.

(5)     Notwithstanding the provisions of any Order made under Article 28, where a person was, immediately before commencement, in receipt of invalid care allowance and survivor’s benefit, an adjustment shall not be made, in the person’s case, between home carer’s allowance and survivor’s benefit.

(6)     In this Article –

‘1978 Law’ means the Invalid Care Allowance (Jersey) Law 1978[5];

‘commencement’ means the day Part 2 of the Social Security (Amendment of Law No. 4) (Jersey) Regulations 2012[6] came into force;

‘invalid care allowance’ means the allowance that, before commencement, was payable under the 1978 Law.”.

9        Schedule 1 amended

In Part 1 of Schedule 1 after paragraph 2 there shall be inserted the following paragraph –

“2A.   Home carer’s allowance        Standard rate of benefit.”.

10      Schedule 2 amended

In Schedule 2, after paragraph 3 there shall be inserted the following paragraph –

“3A   Home carer’s allowance

(1)     The contribution conditions for home carer’s 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 0.5; and

(b)     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 1.00.

(2)     A married woman who has made an election under Article 3 of the Social Security (Married Women) (Jersey) Order 1974[7] and whose election has not been cancelled shall be taken to satisfy the contribution conditions in sub-paragraph (1).

(3)     In this paragraph the expression ‘relevant quarter’ means the previous quarter but one before the quarter in which entitlement to home carer’s allowance first arises.”.

11      Repeals and amendments

(1)     In the proviso to Article 130(1) of the Income Tax (Jersey) Law 1961[8] for the word “insurance,” there shall be substituted the words “insurance or home carer’s allowance payable to a wife,”.

(2)     Article 130A of the Income Tax (Jersey) Law 1961 is repealed.

(3)     The Invalid Care Allowance (Jersey) Law 1978[9] is repealed.

(4)     In Schedule 1 to the Christmas Bonus (Jersey) Law 2011[10] for sub-paragraph (h) there shall be substituted the following sub-paragraph –

“(h)    a home carer’s allowance under that Law.”.

PART 3

INSOLVENCY BENEFIT

12      Article 26D amended

For Article 26D(3)(a) to (d) there shall be substituted the following sub-paragraphs –

“(a)    first to the amount of the component referred to in Article 26C(2)(a);

(b)     then to the amount of the component referred to in Article 26C(2)(b);

(c)     then to the total of the amounts of the components referred to in Article 26C(2)(c) and (d);

(d)     then to the amount of the component referred to in Article 26C(1),”.

13      Article 26F amended

After Article 26F(2) there shall be added the following paragraph –

“(3)    In this Article, ‘wages’ has the same meaning as in the Employment (Jersey) Law 2003[11].”.

14      Article 26I amended

In Article 26I –

(a)     after paragraph (1) there shall be inserted the following paragraphs –

“(1A) In relation to any insolvency benefit paid to a person, the Minister shall also be entitled to recover the amount of any deduction of value made under Article 26G(1) or (2).

(1B)   The Minister may recover that amount from a party from whom the Minister is entitled, pursuant to the subrogation referred to in paragraph (1), to recover part or all of the amount of the component from which the value was so deducted.”;

(b)     after paragraph (2) there shall be inserted the following paragraph –

“(2A) Nothing in paragraph (2) shall entitle the person to recover an amount corresponding to any value deducted under Article 26G(1) or (2) or to recover any amount deducted under Article 26G(3).”.

part 4

adoptive parent grant

15      Article 23A amended

In Article 23A –

(a)     for paragraph (1) there shall be substituted the following paragraph –

“(1)    Subject to the provisions of this Law, a person shall be entitled to an adoptive parent grant if –

(a)     an adoption order is made authorizing the person to adopt a child;

(b)     the person or his or her spouse or civil partner (if any) satisfies the relevant contribution conditions; and

(c)     the person or persons authorized to adopt the child is not, or are not, connected with the child.”;

(b)     after paragraph (1) there shall be inserted the following paragraph –

“(1A) For the purposes of paragraph (1)(c), a person is connected with the child if –

(a)     the person is the natural mother or father of the child;

(b)     at the time of the child’s birth, the person was the spouse or civil partner of the child’s natural mother; or

(c)     at the time the adoption order is made, the person is the spouse or civil partner of a person described in sub-paragraph (a) or (b).”.

part 5

survivor’s pension

16      Article 24 amended

For Article 24 there shall be substituted the following Article –

(1)     Subject to the provisions of this Law, where a person who dies (the ‘deceased’) is, at the time of his or her death, married or a civil partner, the spouse or civil partner who survives him or her (the ‘survivor’) shall be entitled to survivor’s benefit if the deceased satisfied the relevant contribution conditions, and –

(a)     in the case of survivor’s allowance, at the time of the death of the deceased, either the deceased or the survivor was not entitled to an old age pension, or was under pensionable age; or

(b)     in the case of survivor’s pension, at the expiry of 52 weeks following the death of the deceased, the survivor –

(i)      has not, since the death of the deceased, married or formed a civil partnership,

(ii)      is under pensionable age,

(iii)     is not entitled to a reduced old age pension under Article 25(1A), and

(iv)     has a dependent child.

(2)     Subject to paragraphs (4) and (6), survivor’s allowance shall be payable to a survivor for the 52 weeks following the death of the deceased.

(3)     Subject to paragraphs (4), (5) and (6), survivor’s pension shall be payable to a survivor from the expiry of 52 weeks following the death of the deceased until the survivor becomes entitled to a reduced old age pension under Article 25(1A) or attains pensionable age.

(4)     A survivor shall cease to be entitled to survivor’s benefit if he or she marries or forms a civil partnership.

(5)     A survivor shall cease to be entitled to survivor’s pension when every child who was a dependent child at the time described in paragraph (1)(b) has ceased to be a dependent child.

(6)     Survivor’s benefit shall not be payable to a survivor in respect of any period when the survivor is in a relationship with another person that is like marriage or civil partnership.

(7)     For the purposes of this Article, ‘dependent child’ means a child who is –

(a)     the natural or adopted child of the deceased or the survivor;

(b)     under the age of 25; and

(c)     living with the survivor as part of his or her household.”.

17      Article 54C inserted

After Article 54B there shall be inserted the following Article –

“54C Transitional arrangements: survivor’s benefit

(1)     Article 24(1)(b)(iv) and (5) shall not apply in the case of a person who –

(a)     immediately before commencement, was entitled to survivor’s benefit; or

(b)     before commencement, has attained the age of 55.

(2)     In this Article, ‘commencement’ means the day Part 5 of the Social Security (Amendment of Law No. 4) (Jersey) Regulations 2012[12] came into force.”.

PART 6

CLOSING

18      Citation and commencement

(1)     These Regulations may be cited as the Social Security (Amendment of Law No. 4) (Jersey) Regulations 2012.

(2)     Parts 1, 3, 4 and this Part shall come into force 7 days after these Regulations are made by the States.

(3)     Parts 2 and 5 shall come into force on 1st January 2013.

a.h. harris

Deputy Greffier of the States

 


 



[1]                                    chapter 26.900

[2]                                    chapter 26.900

[3]                                    chapter 26.550.30

[4]                                    chapter 26.550

[5]                                    chapter 26.600

[6]                                    R&O.141/2012

[7]                                    chapter 26.900.44

[8]                                    chapter 24.750

[9]                                    L.8/1978 (chapter 26.600)

[10]                                   chapter 26.200

[11]                                   chapter 05.255

[12]                                   R&O.141/2012


Page Last Updated: 16 Jun 2015