Social Security
(Christmas Bonus) (Jersey) Regulations 2016
1 Interpretation
In these Regulations –
“Christmas bonus” means a sum of money to which a person
is entitled under Regulation 2 and which is payable in accordance with
Regulation 5;
“claimant” has the meaning given by
Regulation 5(2);
“Law” means the Social Security (Bonus) (Jersey) Law 2014.
2 Entitlement
to Christmas bonus
(1) With effect from 1st
January 2017, the class of persons to whom a Christmas bonus is payable
under these Regulations comprises all persons who –
(a) fulfil
the requirements as to eligibility in paragraph (2); and
(b) receive
notification under Regulation 5 that a claim made in accordance with that
Regulation has been accepted.
(2) Subject to paragraph (4),
a person is eligible to receive a Christmas bonus in respect of a year if, on
1st November of that year, the person –
(a) is
ordinarily resident in Jersey;
(b) has
attained pensionable age;
(c) is in
receipt of a Jersey old age pension or has Entitled status within the meaning
of Part 2 of the Control of Housing and Work (Jersey)
Law 2012; and
(d) does
not have income or assets exceeding the maximum specified, for the purposes of
these Regulations, in an Order made under Article 3 of the Law.
(2A) Subject to paragraph (4), a
person who, under Regulation 5 of the Social Security (Health Bonus Scheme) (Jersey)
Regulations 2016, is admitted to the health bonus scheme on or before 1st November
in any year (beginning with and including, November 2017) and remains
eligible to be admitted to the health bonus scheme during the whole of that
November shall be deemed –
(a) for
the purposes of paragraph (1), to have fulfilled the requirements as to
eligibility in paragraph (2) as required under paragraph (1)(a); and
(b) to
have submitted a claim to the Minister under Regulation 5 and to have
received a notification under Regulation 5 that the claim made in
accordance with that Regulation has been accepted as required under paragraph (1)(b).[1]
(3) Only one Christmas
bonus is payable to any one person in respect of any one year.
(4) A Christmas bonus is
not payable to a person under these Regulations in respect of any year if, in
respect of the same year, the person has received (or is entitled to receive)
payment of a Christmas bonus under the Income Support (Special
Payments) (Christmas Bonus) (Jersey) Regulations 2016.
(5) The entitlement to
receive a Christmas bonus is not transferable.
(6) In paragraph (2)(c),
“Jersey old age pension” means a pension to which a person is
entitled under Article 25 of the Social Security (Jersey) Law 1974.
(7) In paragraph (2A),
“health bonus scheme” has the meaning given by Regulation (1)
of the Social Security (Health Bonus
Scheme) (Jersey) Regulations 2016.[2]
3 Amount
of Christmas bonus[3]
The amount of the Christmas bonus is the amount specified, for the
purposes of these Regulations, in an Order made under Article 3 of the
Law.
4 Christmas
bonus not treated as benefit or income
A payment, and the entitlement to receive payment, of the Christmas
bonus are to be disregarded for all purposes of income tax and for the purposes
of any enactment under which regard is to be had to a person’s means.
5 Claims
for, and payment of, Christmas bonus
(1) With effect from
1st January 2017, a person claiming to be entitled to receive a
Christmas bonus must submit the claim to the Minister –
(a) providing
evidence of his or her eligibility under Regulation 2(2), in such form or
manner as may be specified, for the purposes of these Regulations, by an Order
made under Article 3 of the Law; and
(b) in
accordance with any further procedures specified for the purpose in such an
Order.
(2) The person making a
claim under paragraph (1) (the “claimant”) may do
so –
(a) by
himself or herself; or
(b) by an
agent appointed under Regulation 6.
(3) Where the Minister
accepts a claim, the Christmas bonus must be paid to the claimant or to the
claimant’s agent in accordance with paragraph (4).
(4) Payment of the Christmas
bonus –
(a) must
be made annually (unless Regulation 7(2) applies) in the month of December
in each year in respect of which the Christmas bonus is payable;
(b) where
reasonably practicable, must be made before Christmas Day in each such year;
and
(c) in
any event, must be made before the end of the next July following the year in
respect of which the Christmas bonus is payable,
to the claimant or (as the case may be) the claimant’s agent.
(5) The sums required for
making payments of the Christmas bonus and for administrative costs incurred in
connection with the making of such payments must be paid out of the
consolidated fund, and any sums so paid out and later recovered as amounts
wrongly paid must be repaid into that fund.
6 Persons
acting on behalf of claimants
(1) Paragraph (2)
applies where it appears to the Minister that a person –
(a) is a
person who would, apart from the circumstances described in sub-paragraph (b),
be eligible to claim a Christmas bonus on his or her own behalf;
(b) is
unable personally to act either to make a claim for a Christmas bonus, or to
appoint another person to do so; and
(c) does
not fulfil either of the criteria in paragraph (3).
(2) Where this paragraph
applies, the Minister may appoint an agent (including the Minister or a
determining officer) to act on the person’s behalf in relation to any
matter relating to the application for a Christmas bonus, including receiving
the payment of the bonus and holding or applying it for that person’s
benefit.
(3) The criteria mentioned
in paragraph (1)(c) are that the person –
(a) has
been received into guardianship in pursuance of a guardianship application
under Article 29 of the Mental Health (Jersey) Law 2016; or
(b) is a
person in respect of whom –
(i) a delegate has
been appointed under Part 4 of the Capacity and Self-Determination (Jersey)
Law 2016, or
(ii) a
person is acting under the authority of a lasting power of attorney conferred
under Part 2 of that Law.[4]
(4) An appointment under paragraph (2)
may be terminated –
(a) by
the Minister at any time at the request of the agent, or upon –
(i) any of the
criteria in paragraph (3) commencing to apply in relation to the claimant,
or
(ii) the
claimant becoming able personally to act in relation to the claim; or
(b) by
the claimant upon becoming able personally so to act.
(5) Where paragraph (2)
does not apply –
(a) a
claimant may appoint an agent to act on the claimant’s behalf in relation
to any matter relating to the application for a Christmas bonus, including
receiving the payment of the bonus; and
(b) such
an appointment must be made in writing of which a copy must be sent to the
Minister.
(6) An appointment under paragraph (5)
may be terminated –
(a) by
the claimant, by a revocation in writing of which a copy must be sent to the
Minister;
(b) by
the appointment of an agent under paragraph (2); or
(c) upon
any of the criteria in paragraph (3) commencing to apply in relation to
the claimant.
(7) In paragraph (2),
“determining officer” means a determining officer appointed under Article 9
of the Income Support (Jersey)
Law 2007 or under Article 33 of the Social Security (Jersey) Law 1974;
7 Verifying
entitlement to Christmas bonus, and cessation of entitlement
(1) The Minister may, for
the purpose of satisfying himself or herself that a person is, or remains,
entitled to receive payment of a Christmas bonus –
(a) at
any time request further information or documentation from a person receiving a
Christmas bonus; and
(b) request
any person claiming to be so entitled, to give consent to disclosure to the
Minister of that person’s income tax records and assessments under the Income Tax (Jersey) Law 1961 for any year for which the
person claims to be entitled to receive the Christmas bonus.
(2) A person’s
entitlement to receive a Christmas bonus under these Regulations shall cease
immediately upon the occurrence of any change in his or her circumstances which
is such that the person no longer fulfils one of the criteria in
Regulation 2(2).
8 Recovery
of bonus wrongly paid
(1) If it is found at any
time that a payment in respect of Christmas bonus has been made –
(a) which
for any reason was not properly payable under these Regulations; or
(b) which,
though properly payable, was made to the wrong person,
the Minister may require an equivalent sum to be repaid by the payee
or (as the case may be) the payee’s agent.
(2) In the case of the
death of a person who could be required to repay a sum under this Regulation,
the Minister may require the sum to be repaid by the person charged with the
administration of the deceased person’s estate.
(3) Proceedings for the
recovery of any sum that a person is required to repay under this Regulation
may be instituted by the Treasurer of the States, and such proceedings may be
brought (despite any enactment or rule of law to the contrary) at any time
within 10 years from the date on which the sum was paid.
(4) Any sum that a person
is required to repay under this Regulation may, without prejudice to any other
remedy, be recovered by means of deduction from any other payment due under an
enactment under the administration of the Minister.
9 [5]
10 Citation
These Regulations may be cited as the Social Security (Christmas
Bonus) (Jersey) Regulations 2016.