Income Support (General Provisions) (Jersey) Order 2008

Arrangement

Article

introductory provisions  5

1             Interpretation. 5

RESIDENCE and membership of household   6

2             Period of ordinary residence in Jersey. 6

3             Persons treated as ordinarily resident in Jersey. 6

4             Persons not treated as ordinarily resident in Jersey. 6

5             Persons treated as being members of the same household. 7

CLAIMS AND related matterS  7

6             Manner in which claims are to be made. 7

7             Information and evidence in support of a claim.. 8

8             Notification of change of circumstances and furnishing of information. 8

9             Persons unable to act 8

calculated INCOME  9

10           Manner of determining income. 9

special payments  9

11           Application of Part 3 to special payments. 9

DETERMINATION OF CLAIMS, etc. 9

12           Functions of determining officers. 9

13           Reconsideration by second determining officer 10

REVIEWS AND APPEALS  11

14           Review on medical grounds. 11

15           Medical Appeal Tribunal 11

16           Procedure of Medical Appeal Tribunal 12

17           Appeals to Social Security Tribunal 13

18           Appeals and references to Royal Court 13

closing provisions  14

19           Citation and commencement 14

part 1  15

information to be provided in support of claim for income support  15

1             Property details. 15

2             Claimant 15

3             All adults in the household. 15

4             All children in the household. 16

5             Child Care. 16

6             Impairment 16

7             Carer details. 16

8             Capital Assets. 16

9             Income (for each adult in the household) 17

10           Expenses. 17

part 2  18

information to be provided in support of claim for a special payment  18

calculated income  19

1             Capital to be treated as income. 19

2             Capital to be disregarded. 19

3             Treatment of capital and income. 20

4             Calculation of income. 20

5             Percentage of income to be disregarded. 21

6             Interpretation. 21

 


Income Support (General Provisions) (Jersey) Order 2008

Made                                                                      21st January 2008

Coming into force                                                   28th January 2008

THE MINISTER FOR SOCIAL SECURITY, in pursuance of Articles 2, 4, 7, 8, 9 and 18 of the Income Support (Jersey) Law 2007[1], orders as follows –

part 1

introductory provisions

1        Interpretation

In this Order, unless the context otherwise requires –

1974 Order” means the Social Security (Determination of Claims and Questions) (Jersey) Order 1974[2];

appellant” means the person who applies for a review under Article 14(1);

Law” means the Income Support (Jersey) Law 2007[3];

medical grounds” means grounds connected with a physical, sensory or mental impairment of a person;

medical practitioner” means a doctor and any person who is a fully registered person within the meaning of section 55 of the Medical Act 1983 of the United Kingdom;

parental responsibility” has the same meaning as in the Children (Jersey) Law 2002[4];

Registrar” means a person appointed under Article 4 of the 1974 Order;

Regulations” means the Income Support (Jersey) Regulations 2007[5];

Royal Court” means the Inferior Number of the Royal Court.

PART 2

RESIDENCE and membership of household

2        Period of ordinary residence in Jersey

(1)     The period of ordinary residence in Jersey for the purposes of Article 2(1)(b) of the Law is 5 years.

(2)     The period of 5 years mentioned in paragraph (1) must be continuous.

(3)     The period of 5 years mentioned in paragraph (1) must immediately precede the application for income support unless –

(a)     the person has been ordinarily resident in Jersey at any time for a continuous period of at least 10 years; or

(b)     paragraph (4) applies.

(4)     This paragraph applies where a person –

(a)     had been ordinarily resident in Jersey at any time for a continuous period of at least 5 years but less than 10 years; and

(b)     since that period has not been, for a period or periods totalling 5 or more years, a person who is not ordinarily resident in Jersey.

(5)     Where paragraph (4) applies, the period of ordinary residence in Jersey that must immediately precede the application for income support is –

(a)     the total of the period or periods during which the person has not been ordinarily resident in Jersey since the continuous period of at least 5 years;

(b)     less any period or periods of ordinary residence in Jersey since the continuous period of at least 5 years.

3        Persons treated as ordinarily resident in Jersey

Subject to Article 4, a person currently resident outside Jersey is nevertheless treated as being ordinarily resident in Jersey for the purposes of Article 2(2) of the Law if the person has his or her principal residence in Jersey.

4        Persons not treated as ordinarily resident in Jersey

(1)     A person detained by virtue of a sentence of imprisonment, youth detention or similar punishment (whether in Jersey or elsewhere) is not treated as ordinarily resident in Jersey for the purposes of Article 2(2) of the Law for the period during which the person is so detained.

(2)     However, the period during which a person was ordinarily resident in Jersey immediately prior to such detention is treated as if it immediately preceded the person’s release from that detention.

(3)     A person resident in Jersey for the purposes of his or her employment with an employer outside Jersey and covered by a reciprocal agreement is not treated as ordinarily resident in Jersey for the purposes of Article 2(2) of the Law for the period during which he or she is so employed.

(4)     In this Article “reciprocal agreement” means an agreement between any country or territory and Jersey whereby a person continues to be liable for contributions in respect of social security in that country or territory despite his or her working in Jersey.

5        Persons treated as being members of the same household

(1)     A person who normally occupies the same dwelling as his or her principal residence as another person is treated as being a member of the same household as that other person for the purposes of Article 2(2) of the Law if –

(a)     they are married to each other (unless they are living separately in the dwelling under a formal agreement) or are in a marriage-like relationship (whether or not both persons are of different sexes);

(b)     they live together as part of a family unit and the circumstances set out in paragraph (2) apply; or

(c)     one of them is a child and the other has parental responsibility for, or otherwise cares for, him or her as part of a family unit.

(2)     The circumstances mentioned in paragraph 1(b) are that one of the persons is exempted from the requirement to be engaged in full time remunerative work by virtue of Article 3(1)(e) of the Law (persons undergoing education or training on any course approved by the Minister) but does not meet the criteria for the rate payable in respect of the personal care element of the impairment component under paragraph 6(3)(b), (c) or (d) of Schedule 1 to the Regulations.

(3)     Where a child normally occupies more that one dwelling as his or her principal residence, the child shall be treated as part of whichever household would result in the higher total amount of award or awards being paid.

PART 3

CLAIMS AND related matterS

6        Manner in which claims are to be made

(1)     Every claim for income support 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.

(2)     The information to be included in the claim is that set out in Part 1 of Schedule 1.

(3)     A claim 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 claims.

(4)     If a claim is defective at the date when it is received or has been made in a manner otherwise than as required by paragraph (1), the Minister may refer the claim to the claimant 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 claim is so referred, or the form is so supplied, to the claimant, the Minister shall treat the claim as if it had been duly made in the first instance.

(5)     A claimant may amend a claim at any time before the claim is determined by notice in writing to the Minister, and the Minister may treat the claim as if it had been made as so amended in the first instance.

7        Information and evidence in support of a claim

(1)     A claimant 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 claim and, if reasonably so required, must for that purpose attend at such office or place as the determining officer may direct.

(2)     In any case where the claim for income support may entitle the household to an impairment component, the determining officer may require the person whose condition may so entitle the household to provide evidence of such entitlement.

(3)     The evidence shall take the form of an assessment by a healthcare professional as arranged by a determining officer.

(4)     In this Article “healthcare professional” means a doctor, a dentist or a person on the list of registered persons made under Article 11 of the Health Care (Registration) (Jersey) Law 1995[6].

8        Notification of change of circumstances and furnishing of information

(1)     Where a household is in receipt of income support and an adult member of that household knows or suspects that there has been a change of circumstances that might affect entitlement to, or the level of payments of, income support, he or she must, as soon as practicable, notify the Minister in writing of the change of circumstances.

(2)     The person mentioned in paragraph (1) must furnish to the Minister, in such manner and within such time as the Minister may specify, such information as the Minister may require as a consequence of the change of circumstances.

9        Persons unable to act

(1)     In the case of a claimant who is unable to act who –

(a)     has not been received into guardianship in pursuance of a guardianship application under Article 14 of the Mental Health (Jersey) Law 1969[7];

(b)     does not have a curator appointed under Article 43 of that Law to manage and administer his or her property and affairs; and

(c)     does not have a tuteur,

the Minister may, on receipt of a written application, appoint a person to act on the claimant’s behalf.

(2)     However, such appointment shall terminate –

(a)     if the claimant is received into guardianship, or has a curator or tuteur appointed;

(b)     at the request of the person appointed;

(c)     if revoked by the Minister; or

(d)     if the claimant becomes able to act.

PART 4

calculated INCOME

10      Manner of determining income

For the purposes of the Law, the income of a household in respect of which a claim is made for income support shall be calculated or estimated in accordance with Schedule 2.

PART 5

special payments

11      Application of Part 3 to special payments

(1)     Articles 6, 7 and 9 apply to claims for special payments as they apply to claims for income support.

(2)     However –

(a)     if the claimant is a member of a household currently in receipt of income support, the information to be included in the claim is that set out in Part 2 of Schedule 1; or

(b)     if the claimant is a member of a household currently not in receipt of income support, the information to be included in the claim is that set out in Parts 1 and 2 of Schedule 1.

part 6

DETERMINATION OF CLAIMS, etc.

12      Functions of determining officers

(1)     A claim for an award shall be determined by a determining officer and where required under Article 13, redetermined by a second determining officer.

(2)     The determining officer shall notify in writing the claimant (or other person acting on his or her behalf) and all the other adult members of the claimant’s household –

(a)     of every determination or decision made in respect of the household and the reasons for it; and

(b)     of their rights to challenge the determination or decision as set out in paragraph (3) in the case of a first determination or as set out in paragraph (4) in the case of a redetermination.

(3)     In the case of a first determination, the determining officer shall notify the other persons mentioned in paragraph (2) –

(a)     of the right of any of them to have every determination or decision reconsidered by a second determining officer;

(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.

(4)     In the case of a redetermination, the determining officer shall notify the other persons mentioned in paragraph (2) of the right of any of them –

(a)     to appeal to the Social Security Tribunal; or

(b)     if the determination was made on medical grounds, to apply for a review by the Medical Appeal Tribunal.

(5)     In the case of an award being granted, the notification shall specify –

(a)     the manner and method of payment of the award; and

(b)     such other particulars as may be determined by the Minister.

(6)     Any notification under this Article is treated as duly sent to a person if sent to the person’s usual or last known address.

(7)     Where 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 shall allow payment to be made.

13      Reconsideration by second determining officer

If a claimant or an adult member of the claimant’s household is dissatisfied with –

(a)     any determination under Article 12;

(b)     any decision of the determining officer under Article 11 of the Law; or

(c)     any determination under Article 12 of the Law,

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.

PART 7

REVIEWS AND APPEALS

14      Review on medical grounds

(1)     A claimant or an adult member of the claimant’s household dissatisfied with a determination of a second determining officer under Article 12 on medical grounds may, within 14 days of receiving notification of the determination, apply to the Medical Appeal Tribunal constituted under Article 15 for a review of those grounds.

(2)     However, an application 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 or a deputy chairman of the Tribunal.

(3)     Every application under this Article for the review of a decision shall 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.

15      Medical Appeal Tribunal

(1)     There shall be constituted a Medical Appeal Tribunal, which shall comprise the following categories of members –

(a)     a chairman and one or more deputy chairmen, being persons holding a qualification in law;

(b)     a panel of up to 5 members who are medical practitioners; and

(c)     a panel of up to 5 members who are persons other than medical practitioners and are experienced in dealing with the needs of disabled persons in a professional or voluntary capacity or because they are themselves disabled.

(2)     The members shall each be appointed by the States on the recommendation of the Minister made after consulting the Jersey Appointments Commission established by Article 17 of the Employment of States of Jersey Employees (Jersey) Law 2005[8].

(3)     A member of the Tribunal shall hold office for such period as is specified in his or her appointment and after expiry of such period is eligible for re-appointment for such period as is specified in his or her new appointment.

(4)     A member may continue in office, after the expiry of his or her term of office, for the purposes of completing any proceeding that the member has begun to hear before the expiry of the term of office.

(5)     A member of the Tribunal shall cease to hold office on resigning in writing delivered to the Minister.

(6)     Any member of the Tribunal shall cease to hold office –

(a)     on becoming bankrupt;

(b)     on the appointment of a curator of the member’s property and affairs under the Mental Health (Jersey) Law 1969;

(c)     on being received into guardianship under the Mental Health (Jersey) Law 1969;

(d)     if qualified for membership under paragraph (1)(a) or (b), on ceasing to be so qualified; or

(e)     on being removed from office by the Royal Court, if the member is guilty of misconduct or has been unable to carry out his or her duties because of ill-health or other commitments for a continuous period exceeding 6 months.

(7)     A member of the Tribunal shall not be removed from office for any other reason.

(8)     For the purposes of hearing any case referred to it under Article 14 the Tribunal shall consist of one person from each of the categories of members mentioned in paragraph (1)(a), (b) and (c) selected by the Registrar.

(9)     However, a person shall not hear any case if he or she –

(a)     was involved in an earlier determination of the case;

(b)     is a doctor who has regularly attended the appellant or a member of the appellant’s household; or

(c)     has any personal or pecuniary interest, whether direct or indirect, in the outcome.

16      Procedure of Medical Appeal Tribunal

(1)     The parties to the review shall be the appellant and the Minister and each party or any person acting on behalf of that party may make representations to the Tribunal.

(2)     The tribunal shall sit in public unless the Tribunal considers it necessary to sit in private.

(3)     However, no person other than the Registrar shall be present while the Tribunal is considering its decision.

(4)     The Tribunal may adjourn the hearing from time to time as it thinks fit.

(5)     The 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.

(6)     The 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 appellant or the Minister.

(7)     If, after notice of the hearing has been duly given, the appellant or the Minister fails to appear at the hearing, the Tribunal may proceed to determine the review 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.

(8)     The Tribunal may require any party to proceedings before the Tribunal under this Order or any witness in the proceedings to give evidence on oath and, for that purpose, the chairman or deputy chairman presiding over the Tribunal shall have power to administer an oath.

(9)     Where, in connection with the review by the Tribunal, there is before the Tribunal medical advice or medical evidence relating to the appellant or a member of the appellant’s household that has not been disclosed to the appellant and, in the opinion of the chairman or deputy chairman, the disclosure to the appellant of that advice or evidence would be harmful to the appellant’s health, such advice or evidence shall not be required to be disclosed to the appellant, but the Tribunal shall not by reason of such non-disclosure be precluded from taking it into account for the purpose of the review.

(10)    On the review of any case under this Article, the Tribunal may confirm, reverse or vary the decision of the second determining officer and shall give its decision in public.

(11)    The decision of the majority of the members of the Tribunal shall be the decision of the Tribunal and there shall 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 Tribunal members;

(b)     includes the reasons for the decision; and

(c)     records any dissent and the reasons for such dissent,

and the Registrar shall send a copy of such written record to the parties as soon as practicable after the review has taken place.

(12)    Where the Tribunal has made a decision adverse to the appellant, the appellant shall 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.

(13)    Subject to this Article, the Tribunal may regulate its own procedure.

17      Appeals to Social Security Tribunal

A claimant or an adult member of the claimant’s household dissatisfied with a decision of a second determining officer on non-medical grounds may appeal to the Social Security Tribunal in accordance with the time limits and procedure for appeals to that Tribunal set out in Part 2 of the 1974 Order as if the appeal was in respect of any matter determined in accordance with that Order.

18      Appeals and references to Royal Court

(1)     A person aggrieved by a decision of the Medical Appeal Tribunal or the Social Security Tribunal under this Part may appeal to the Royal Court on a point of law.

(2)     The Medical Appeal Tribunal, the Social Security Tribunal or a determining officer may refer any point of law to the Royal Court for the Court to give a ruling on the point.

PART 8

closing provisions

19      Citation and commencement

This Order may be cited as the Income Support (General Provisions) (Jersey) Order 2008 and shall come into force on 28th January 2008.

senator p.f. routier

Minister for Social Security

 


SCHEDULE 1

(Articles 6(2) and 11(2))

part 1

information to be provided in support of claim for income support

1        Property details

Address

Type of property (house, flat, etc.)

Number of bedrooms

Tenure (owned/leased)

Rent frequency and amount (if applicable)

Name of lease or licence holder (if applicable)

Name and address of landlord (if applicable)

If the household shares the dwelling with another household also entitled to income support and the claimant wishes to claim for a housing component in respect of the combined households, the number of individuals included in the other claim.

2        Claimant

Confirmation of period of ordinary residence in Jersey

Bank account details for income support payments: name of bank, sort code, account number and name of account holder(s).

3        All adults in the household

Full name – forename/s and surname

Title

Date of birth

Previous surname (if any)

Social Security number

Relationship to claimant

Employment status

If a University student, details of course and term dates.

4        All children in the household

Full name – forename/s and surname

Date of birth

Previous surname (if any)

Social Security number

Relationship to claimant

Name of school

Details of residence order (if any)

Name of adult within household with main responsibility for care of child(ren).

5        Child Care

Full name and address of registered day carer or day care accommodation

Cost of care per hour

Hours of child care (specify times)

Adult in employment: location of employment, working hours (specify times)

Adult in education or training: name of course, times of course, details of potential to increase earning capacity (e.g. details of existing qualifications)

Adult with impairment: medical information to support need for childcare.

6        Impairment

Nature of medical condition

Name of doctor responsible for treatment

Confirmation that illness or disability has lasted, or is expected to last 6 months (or diagnosis of terminal illness where life expectancy is less than 6 months).

7        Carer details

Name of carer

Full name of each person cared for

Address of each person cared for (if separate household)

Date of birth of each person cared for (if separate household).

8        Capital Assets

Dwelling occupied by household (if owned by member of household): if the size of the dwelling is excessive in respect of the size of the household (e.g. a single person living in a 4 bedroom house), details of current market value.

Property assets (excluding dwelling occupied by household): address of property, name of owner, type of property (e.g. field, 2 bedroom flat), current market value, date of future occupation of dwelling by household member (if appropriate).

Financial assets: name of owner, type and details of asset (e.g. for a bank account, name of bank, type of account, branch, sort code, account number, current balance).

Other items bought for investment purposes: name of owner, type and details of asset (e.g. 20 cases vintage wine), current market value.

Motor vehicles (only required if value in excess of £10,000): name of owner, type and details of vehicle, current market value.

Investment fund set up to provide future care for member of household with high level impairment component: name of owner, type and details of asset (e.g. trust fund administered by a bank), current market value.

9        Income (for each adult in the household)

Earned income: name and address of employer (or business name if self-employed), hours worked per week, basic earnings, other earnings (bonuses, overtime) provided for a period of 5 weeks (if paid weekly) or 2 months (if paid monthly), social security contributions.

Self-employed (additional information): date business began trading/ceased trading (if within the last 2 years), end of financial year.

Benefits and pensions: name of company/authority providing payment, amount and frequency of payments.

Other income:

lodger: frequency and amount of income received, nature of services provided

rental income (where value of property has been disregarded for capital purposes): frequency and amount of income received, nature of rental agreement

maintenance received in respect of member of household: name of person providing maintenance, frequency and amount of income received, details of maintenance agreement.

10      Expenses

Maintenance paid by a member of the household: name of person receiving maintenance, frequency and amount of income received, details of maintenance agreement.


part 2

information to be provided in support of claim for a special payment

1        Name of adult making special payment claim.

2        In respect of each expense requested under the special payment regulation –

(a)     a full description of the item or service required;

(b)     a full description of the urgent need for the item or service;

(c)     the cost (or an estimate of the cost) of the item or service; and

(d)     a full description of the steps taken by the claimant to meet the cost of the item or service by other means.

 


SCHEDULE 2

(Article 10)

calculated income

1        Capital to be treated as income

(1)     Every £250 of capital belonging to a household other than any capital disregarded under paragraph 2 shall be treated as providing the household with an income of £1 a week.

(2)     The value of capital shall be calculated at its current market or surrender value in the country or territory in which the capital is situated.

2        Capital to be disregarded

(1)     The following amounts of capital shall be disregarded in assessing calculated income –

(a)     in the case of a household containing a sole adult under the age of 65 years where a member of the household meets the criteria for the personal care element of the impairment component under paragraph 6 of Schedule 1 to the Regulations

£11,443

(b)     in the case of any other household containing a sole adult under the age of 65 years

£7,629

(c)     in the case of a household containing 2 or more adults who are all under the age of 65 years where a member of the household meets the criteria for the personal care element of the impairment component under paragraph 6 of Schedule 1 to the Regulations

£18,967

(d)     in the case of any other household containing 2 or more adults who are all under the age of 65 years

£12,645

(e)     in the case of a household containing a sole adult aged 65 years or over

£11,443

(f)      in the case of a household containing 2 or more adults, at least one of whom is aged 65 years or over

£18,967.

(2)     The following capital shall also be disregarded –

(a)     subject to sub-paragraph (3), the value of any dwelling owned by a member of the household and occupied by the household as its principal residence;

(b)     the value of any dwelling purchased by a member of the household that is intended to be occupied by the household as its principal residence, until the property is so occupied or for a period not exceeding 13 weeks from when the property was purchased, whichever is the earlier;

(c)     the value of assets integral to the running of any business owned by a member of the household for which a member of the household is normally engaged in remunerative work, or for which the person would be so engaged were he or she not prevented from being so engaged by reason of ill health, for a period of more than 26 weeks;

(d)     the household furniture and effects of any dwelling occupied by the household and articles of clothing and personal effects of any member of the household, other than a motor vehicle or any item bought as an investment;

(e)     the value of any motor vehicle up to a maximum of £10,000;

(f)      any capital that has been accumulated solely to provide for the future care of a member of a household who meets the criteria for the rate of personal care element of the impairment component payable under paragraph 6(3)(c) or (d) of Schedule 1 to the Regulations, for as long as the member continues to meet that criteria.

(3)     If the dwelling mentioned in sub-paragraph (2)(a) is not appropriate to the needs of the household the capital to be disregarded is the average market value of a dwelling that is so appropriate.

(4)     In this paragraph a dwelling is appropriate to the needs of the household if it is no larger than is reasonably necessary for that household or if, having regard to all the circumstances, it would be unreasonable to expect the household to move from that dwelling.

3        Treatment of capital and income

(1)     If a person has directly or indirectly deprived himself or herself or any other person of any income or capital in order to qualify for income support or a special payment, the amount of that income or capital shall be included in his or her total income or capital as the case may be.

(2)     Any income or capital that is available to a person in the household if he or she applied to acquire it shall be treated as having been acquired by that person on the date on which the person was capable of acquiring it.

4        Calculation of income

(1)     The income of a household shall be calculated on a weekly basis by –

(a)     estimating the average weekly income of the household;

(b)     adding the amount derived from capital in accordance with paragraph 1; and

(c)     deducting the amount that the household is obliged to pay by way of –

(i)      contributions payable under Article 4(2)(a)(i) and (b) of the Social Security (Jersey) Law 1974[9], and

(ii)      any qualifying maintenance payment up to the amount specified in paragraph 2(a) of Schedule 1 to the Regulations in the case of a payment to a spouse and up to the amount specified in sub-paragraph (c) of that paragraph in the case of a payment to a child.

(2)     If the income of a household includes earnings from employment, the average weekly earnings from that employment shall be calculated over a period immediately prior to the determination of –

(a)     if the earner is paid weekly, 5 weeks;

(b)     if the earner is paid monthly, 2 months,

or over such other period as will most accurately enable average weekly earnings to be assessed.

(3)     If the income of a household includes the earnings of a self-employed person, the average weekly earnings shall be estimated over such period as will most accurately enable average weekly earnings to be assessed.

(4)     If the income of the household includes any unearned income, the average weekly income of the household from that unearned income shall be estimated over such period, not exceeding one year immediately prior to the determination, as will most accurately enable average weekly income to be assessed.

5        Percentage of income to be disregarded

In assessing the weekly income of the household there shall be disregarded –

(a)     6% of the earnings of any adults in the household who are not entitled to a basic component under Article 5(2)(b) of the Law;

(b)     100% of the income of any children in the household derived from earnings;

(c)     100% of the first £26.11 of any income derived from a pension or annuity of one person in the household aged 65 years or over;

(d)     100% of the first £16.38 of any income derived from a pension or annuity of any other person in the household aged 65 years or over;

(e)     in the case of a person entitled to a basic component under Article 5(2)(b) of the Law, either –

(i)      100% of the first £15.68 of earnings;

(ii)      50% of earnings over £15.68 but under £26.11; and

(iii)     25% of earnings over £26.11 but under £47.04,

or 6% of total earnings, whichever results in the greater amount to be disregarded.

6        Interpretation

In this Schedule –

“capital” means any capital asset;

earnings” means any sum payable to a person (whether under a contract of service, a contract for services or any other office, employment or arrangement whereby the person is rewarded for work done or services rendered) by way of wages, salary, fees, bonuses, commission, overtime pay or any other emolument including the value of any loan, perquisite or any other benefit in kind;

“income” –

(a)     includes earnings, any benefit or grant payable pursuant to the law of any country or territory, any qualifying maintenance payment received, and any other periodical payment to which a person in the household is entitled and any sums received in respect of a pension or annuity;

(b)     does not include any charitable or voluntary payment, any financial support from the Minister of Health and Social Services under the terms of a foster placement agreement made under Article 16(3) of the Children (Placement) (Jersey) Regulations 2005[10], any payment under the Law or any income derived from any capital other than income derived from capital disregarded under paragraph 2 or under Article 7(3) of the Law;

“qualifying maintenance payment” has the same meaning as in Article 90B(1) of the Income Tax (Jersey) Law 1961[11].

 

 


 



[1]                                    L.9/2007

[2]                                    chapter 26.900.28

[3]                                    L.9/2007

[4]                                    chapter 12.200

[5]                                    R&O.125/2007

[6]                                    chapter 20.300

[7]                                    chapter 20.650

[8]                                    chapter 16.325

[9]                                    chapter 26.900

[10]                                   chapter 12.200.50

[11]                                   chapter 24.750


Page Last Updated: 25 Apr 2016