(General Provisions) (Jersey) Order 2008
Made 21st January 2008
Coming into force 28th
THE MINISTER FOR SOCIAL SECURITY, in pursuance of Articles 2, 4, 7, 8,
9 and 18 of the Income Support (Jersey) Law 2007, orders as follows –
In this Order, unless the context otherwise
means the Social Security (Determination of
Claims and Questions) (Jersey) Order 1974;
the person who applies for a review under Article 14(1);
“Law” means the
Income Support (Jersey) Law 2007;
means grounds connected with a physical, sensory or mental impairment of a
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;
has the same meaning as in the Children (Jersey) Law 2002;
“Registrar” means a
person appointed under Article 4 of the 1974 Order;
the Income Support (Jersey) Regulations 2007;
“Royal Court” means
the Inferior Number of the Royal Court.
RESIDENCE and membership of
of ordinary residence in Jersey
period of ordinary residence in Jersey for the purposes of Article 2(1)(b)
of the Law is 5 years.
period of 5 years mentioned in paragraph (1) must be continuous.
period of 5 years mentioned in paragraph (1) must immediately precede
the application for income support unless –
person has been ordinarily resident in Jersey at any time for a continuous
period of at least 10 years; or
(b) paragraph (4)
paragraph applies where a person –
been ordinarily resident in Jersey at any time for a continuous period of at
least 5 years but less than 10 years; and
that period has not been, for a period or periods totalling 5 or more
years, a person who is not ordinarily resident in Jersey.
paragraph (4) applies, the period of ordinary residence in Jersey that
must immediately precede the application for income support is –
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;
any period or periods of ordinary residence in Jersey since the continuous
period of at least 5 years.
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.
not treated as ordinarily resident in Jersey
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.
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.
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.
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.
treated as being members of the same household
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
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);
live together as part of a family unit and the circumstances set out in
paragraph (2) apply; or
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.
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
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.
CLAIMS AND related matterS
in which claims are to be made
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.
information to be included in the claim is that set out in Part 1 of
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.
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
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.
and evidence in support of a claim
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.
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.
evidence shall take the form of an assessment by a healthcare professional as
arranged by a determining officer.
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.
of change of circumstances and furnishing of
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
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.
unable to act
the case of a claimant who is unable to act who –
not been received into guardianship in pursuance of a guardianship application
under Article 14 of the Mental Health (Jersey) Law 1969;
not have a curator appointed under Article 43 of that Law to manage and
administer his or her property and affairs; and
not have a tuteur,
the Minister may, on receipt of a written application, appoint a
person to act on the claimant’s behalf.
such appointment shall terminate –
the claimant is received into guardianship, or has a curator or tuteur appointed;
the request of the person appointed;
revoked by the Minister; or
the claimant becomes able to act.
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.
of Part 3 to special payments
6, 7 and 9 apply to claims for special payments as they apply to
claims for income support.
(2) However –
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
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.
DETERMINATION OF CLAIMS, etc.
of determining officers
claim for an award shall be determined by a determining officer and where
required under Article 13, redetermined by a second determining officer.
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 –
every determination or decision made in respect of the household and the
reasons for it; and
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.
the case of a first determination, the determining officer shall notify the
other persons mentioned in paragraph (2) –
the right of any of them to have every determination or decision reconsidered
by a second determining officer;
this right must be exercised within 21 days of the person receiving notice
of the determination or decision; and
if the right is not exercised there is no right of further appeal.
the case of a redetermination, the determining officer shall notify the other
persons mentioned in paragraph (2) of the right of any of
appeal to the Social Security Tribunal; or
the determination was made on medical grounds, to apply for a review by the
Medical Appeal Tribunal.
the case of an award being granted, the notification shall specify –
manner and method of payment of the award; and
other particulars as may be determined by the Minister.
notification under this Article is treated as duly sent to a person if sent to
the person’s usual or last known address.
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
If a claimant or an adult member of the claimant’s household
is dissatisfied with –
determination under Article 12;
decision of the determining officer under Article 11 of the Law; or
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
REVIEWS AND APPEALS
on medical grounds
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.
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.
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.
shall be constituted a Medical Appeal Tribunal, which shall comprise the
following categories of members –
chairman and one or more deputy chairmen, being persons holding a qualification
panel of up to 5 members who are medical practitioners; and
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.
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)
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.
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.
member of the Tribunal shall cease to hold office on resigning in writing
delivered to the Minister.
member of the Tribunal shall cease to hold office –
the appointment of a curator of the member’s property and affairs under
the Mental Health (Jersey) Law 1969;
being received into guardianship under the Mental
Health (Jersey) Law 1969;
qualified for membership under paragraph (1)(a) or (b), on ceasing to be
so qualified; or
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.
member of the Tribunal shall not be removed from office for any other reason.
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.
a person shall not hear any case if he or she –
involved in an earlier determination of the case;
a doctor who has regularly attended the appellant or a member of the
appellant’s household; or
any personal or pecuniary interest, whether direct or indirect, in the outcome.
of Medical Appeal Tribunal
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 shall sit in public unless the Tribunal considers it necessary to sit
no person other than the Registrar shall 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 appellant or the Minister.
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.
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.
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
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 –
the names of the Tribunal members;
the reasons for the decision; and
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.
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.
to this Article, the Tribunal may regulate its own procedure.
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.
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.
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
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
(Articles 6(2) and 11(2))
information to be provided in support of
claim for income support
Type of property (house, flat, etc.)
Number of bedrooms
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.
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).
adults in the household
Full name – forename/s and surname
Date of birth
Previous surname (if any)
Social Security number
Relationship to claimant
If a University student, details of course and term dates.
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
Full name and address of registered day carer or day care
Cost of care per hour
Hours of child care (specify times)
Adult in employment: location of employment, working hours (specify
Adult in education or training: name of course, times of course,
details of potential to increase earning capacity (e.g. details of existing
Adult with impairment: medical information to support need for
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).
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).
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
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
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.
(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.
lodger: frequency and amount of income received, nature of services
rental income (where value of property has been disregarded for
capital purposes): frequency and amount of income received, nature of rental
maintenance received in respect of member of household: name of
person providing maintenance, frequency and amount of income received, details
of maintenance agreement.
Maintenance paid by a member of the household: name of person
receiving maintenance, frequency and amount of income received, details of
information to be provided in support of
claim for a special payment
of adult making special payment claim.
respect of each expense requested under the special payment
full description of the item or service required;
full description of the urgent need for the item or service;
cost (or an estimate of the cost) of the item or service; and
full description of the steps taken by the claimant to meet the cost of the
item or service by other means.
to be treated as income
£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.
value of capital shall be calculated at its current market or surrender value
in the country or territory in which the capital is situated.
to be disregarded
following amounts of capital shall be disregarded in assessing calculated
(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
(b) in the case of any other household
containing a sole adult under the age of 65 years
(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
(d) in the case of any other household
containing 2 or more adults who are all under the age of 65 years
(e) in the case of a household containing a sole
adult aged 65 years or over
(f) in the case of a household containing
2 or more adults, at least one of whom is aged 65 years or over
following capital shall also be disregarded –
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;
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;
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;
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;
value of any motor vehicle up to a maximum of £10,000;
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
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.
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.
of capital and income
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.
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.
income of a household shall be calculated on a weekly basis by –
the average weekly income of the household;
the amount derived from capital in accordance with paragraph 1; and
the amount that the household is obliged to pay by way of –
payable under Article 4(2)(a)(i) and (b) of the Social Security (Jersey)
Law 1974, 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.
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 –
the earner is paid weekly, 5 weeks;
the earner is paid monthly, 2 months,
or over such other period as will most accurately enable average
weekly earnings to be assessed.
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.
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.
of income to be disregarded
In assessing the weekly income of the household there shall be
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;
of the income of any children in the household derived from earnings;
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;
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;
the case of a person entitled to a basic component under Article 5(2)(b)
of the Law, either –
of the first £15.68 of earnings;
of earnings over £15.68 but under £26.11; and
of earnings over £26.11 but under £47.04,
or 6% of total earnings, whichever results in the greater amount to
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;
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;
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, 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.