Social Security
(Claims and Payments) (Jersey) Order 1974[1]
PART 1
GENERAL
1 Interpretation
(1) In
this Order, unless the context otherwise requires –
“benefit”
means any benefit under the Law;
“determining
authority” means, as the case may require, the determining officer or the
Social Security Tribunal;
“instrument of
payment” means a serial order or any other instrument which is intended
to enable a person to obtain payment of benefit;
“Law” means
the Social
Security (Jersey) Law 1974;
“serial order”
means one of a series of orders, including pension orders, for the payment
through the Post Office of a sum on account of benefit which is or has been
contained in a book of such orders.[2]
(2) For
the purposes of the provisions of this Order relating to the making of claims,
an increase of benefit in respect of an adult dependant shall be treated as a
separate benefit.
(3) The
provision of Parts 2 and 3 shall have effect in relation to any particular
benefit subject to any further provision affecting that benefit contained in Schedule 2.
2 Obligations
of beneficiaries in receipt of benefit to notify change of circumstances
Every beneficiary in
receipt of benefit shall, as soon as may be practicable, notify the Minister in
writing of any change of circumstances which he or she might reasonably be
expected to know might affect the continuance of his or her right to benefit
awarded to him or her or to the receipt thereof.
3 Claims
and notices sent by post
Any claim made or notice
given in pursuance of any provision of the Law or any Order made thereunder
shall, if sent by post, be deemed to have been made or given on the day on
which it was posted.
PART 2
CLAIMS
4 Claims
to be made in writing to the Minister
Every claim for benefit
shall be made in writing to the Minister on the form approved by the Minister
for the purpose of the benefit for which the claim is made, or in such other
manner, being in writing, as the Minister may accept as sufficient in the
circumstances of any particular case or class of case.
5 Supply
of claim forms
Forms of claim shall be
supplied without charge by such persons as the Minister may appoint or
authorize for that purpose.
6 Claims
not on appropriate forms
Where a claim for benefit
has been made on an approved form other than the form appropriate to the
benefit claimed, the Minister may treat the claim as if it had been made on the
appropriate form:
Provided that the
Minister may in any such case require the claimant to complete the appropriate
form.
7 Information
to be given when making a claim for benefit
(1) Every
person who makes a claim for benefit shall furnish to the Minister such
certificates, documents, information and evidence for the purpose of
determining the claim as may be required by the Minister and, if reasonably so
required, shall for that purpose attend at such office or place as the Minister
may direct.
(2) [3]
(3) Every
person who makes a claim for an increase of benefit in respect of a dependant
shall, in particular, furnish the following information if required to do so,
namely –
(a) the
dependant’s identity, date of birth, usual place of residence, occupation
and relationship to the claimant;
(b) the
dependant’s position in regard to benefit under the Law, available
sources of income and the amounts contributed by any person towards his or her
maintenance; and
(c) in
the case of an increase in respect of a wife or a husband, a certificate of the
marriage,
together with a
declaration signed by the dependant confirming the information given.[4]
(4) Every
person who makes a claim for a death grant shall, in particular, furnish the
following information –
(a) if
required by the Minister, a death certificate relating to the deceased; and,
where the claim is in respect of the death of a child, such certificate
relating to the birth of the child, and such other information, as the Minister
may reasonably require, in support of any contention that immediately before
the death of the child or relevant person, as the case may be, the child was a
child of the family of the relevant person;
(b) if
required by the Minister, the estimate or account of the undertaker.
8 Amendment
of claim forms
(1) If
a claim is defective at the date of its receipt by the Minister, the Minister
may, in his or her discretion, refer the claim to the claimant, and if the form
is returned properly completed within one month from the date on which it is so
referred, the Minister may treat the claim as if it had been duly made in the first
instance.
(2) Any
person who has made a claim for benefit in accordance with the provisions of
this Order may amend his or her claim, at any time before a decision has been
given thereon, by notice in writing delivered or sent to the Minister, and any
claim so amended may be treated as if it had been made as so amended in the first
instance.
9 Withdrawal
of claims for long term incapacity allowance[5]
If a person who has made
a claim for long term incapacity allowance wishes, with a view to withdrawing
his or her election to treat a short term incapacity allowance period as having
come to an end, to withdraw the claim, he or she may send to or deliver at the
Social Security Department written notice signed by him or her withdrawing the
claim, and such a notice so given shall, if it is received at that office before
the claim has been finally determined, operate to withdraw the claim on the
date of its receipt at that office.[6]
10 Interchange with
claims for other benefits under the law
(1) Where
it appears that a person who has made a claim for a benefit specified in the first
column of Schedule 1 may be entitled to the benefit specified opposite
thereto in the second column of the said Schedule 1, any such claim may be
treated as a claim in the alternative for that other benefit.
(2) Where
it appears that a person who had made a claim for benefit is not entitled
thereto, but that some other person may be entitled to an increase of benefit
in respect of him or her, the claim may be treated as if it were a claim by
such other person for an increase of benefit in respect of the claimant.
(3) Where
it appears that a person who has made a claim for an increase of benefit in
respect of a dependant is not entitled thereto but that some other person may
be entitled to an increase of benefit in respect of that dependant, the claim
may be treated as if it were a claim by that other person for such increase.[7]
PART 3
PAYMENTS
11 Time and manner
of payment of benefit
(1) Subject
to the provisions of this Order, benefit shall be paid in accordance with an
award thereof, as soon as is reasonably practicable after such an award has
been made by the determining authority, by means of an instrument of payment or
by such other means as may appear to the Minister to be appropriate in the
circumstances of any particular case.
(1A) Insolvency
benefit may be paid to a person who is entitled to it once, in several payments
or periodically, according to the information that is available to the
determining authority, or according to any other factor that appears to the
Minister to be appropriate in the circumstances of the particular case.[8]
(2) Short
term incapacity allowance and parental allowance shall be paid weekly in
arrears.[9]
(3) Long
term incapacity allowance, incapacity pensions, survivor’s benefit and
old age pensions shall be paid in advance, every 4 weeks, on a Thursday.[10]
(3A) Home
carer’s allowance shall be paid in advance, every 4 weeks.[11]
(3B) Notwithstanding
paragraph (3A) and Article 4(3) of the Social
Security (General Benefit) (Jersey) Order 1975, for the period
1st January 2013 to 31st July 2013 –
(a) home
carer’s allowance shall be paid monthly in advance, on the first day of
each month; and
(b) for
the purpose of computing the amount of home carer’s allowance payable for
part of a month in that period, the daily rate of home carer’s allowance
shall be one thirtieth of the monthly rate.[12]
(4) In
every case in which there is an award by the determining authority under which
benefit is to be paid by means of serial orders, the Minister shall cause
arrangements to be made whereby, on furnishing such evidence as to identify and
such other particulars as may be required, the beneficiary may obtain a book of
serial orders, and the Minister shall notify the beneficiary of the place at
which the benefit will be payable and of the arrangements so far as they affect
him or her.
(5) The
Minister shall arrange for the issue to every beneficiary of a fresh book of
serial orders on the expiration of the previous book.
(6) Where
by reason of any provision of the Law or of any Order made thereunder the date
as from which old age pension, survivor’s benefit, long term incapacity
allowance or incapacity pension would commence, or as from which a change in
the rate of any such benefit would take effect, is a day of the week other than
the appropriate day of the week for the payment of any such benefit, the
benefit shall commence only, or the change in the rate of benefit shall take
effect only, as from the next such appropriate day.[13]
(7) Where
the date on which old age pension, survivor’s benefit, long term
incapacity allowance or incapacity pension would cease to be payable is a day
of the week other than that immediately preceding the appropriate day of the
week for the payment of any such benefit, the benefit shall continue to be
payable in respect of the days of the week up to but not including the next
such appropriate day.[14]
(8) A
book of serial orders issued to any person shall remain the property of the
Minister.
(9) Any
person having a book of serial orders or any unpaid serial order shall, on the
termination of the benefit to which such book or order relates or when
requested by the Minister, deliver such book or order to the Minister or to
such person as the Minister may direct.
(10) Notwithstanding
anything contained in the foregoing provisions of this Article, the Minister
may in any particular case or class of case arrange for the payment of benefit
otherwise than weekly in advance or otherwise than by means of serial orders
payable to the beneficiary.
(11) Without
prejudice to the generality of paragraph (10), the Minister may arrange
for the payment of benefit to the beneficiary to be made by electronic
transfer.[15]
12 Time and manner
of payment of lump sum benefit[16]
(1) Subject
to the provisions of this Article, where there is an award by the determining
authority of long term incapacity allowance in respect of a person whose degree
of incapacitation is assessed at not less than 5% and not more than 15%, the
amount of benefit awarded shall be payable in one sum.
(2) The
lump sum shall be paid by such means as may appear to the Minister to be
appropriate in the circumstances of any particular case.
(3) The
lump sum shall not be payable until after the expiration of the time limited
for an appeal from the award of the lump sum or from a decision on which the
award was based, and where any such appeal is brought, until after the decision
on that appeal.
(4) However,
payment of benefit shall not be suspended under the provisions of paragraph (3)
if in any case or class of cases the Minister so directs.
(5) For
the purposes of paragraph (3), the expression “appeal” shall
be construed as including a reference of the decision of a medical board to a
medical appeal tribunal.
13 Time for claiming
benefit
(1) Subject
to the provisions of this Article and the provisions of Part 2 of Schedule 2 –
(a) the
prescribed time for claiming any benefit specified in column (1) of Part 1
of that Schedule shall be the appropriate time specified opposite to that
benefit in column (2) of that Part; and
(b) if a person
fails to make his or her claim for any such benefit within the prescribed time,
the person shall be disqualified for the receipt of benefit to the extent
specified opposite thereto in column (3) of Part 1.
(2) Subject
to paragraph (4), if in any case the claimant proves that there was good
cause for the failure to make the claim before the date on which it was made,
the prescribed time for making that claim shall be extended to the date on
which the claim is made.[17]
(3) Subject
to paragraph (4), if in any case the claimant proves that –
(a) on a
date earlier than the date on which the claim was made, apart from satisfying
the condition of making a claim, he or she was entitled to the benefit; and
(b) throughout
the period between the earlier date and the date on which the claim was made
there was good cause for delay in making such claim,
the claimant shall not be
disqualified under Part 1 of Schedule 2 for receiving any benefit to
which he or she would have been entitled if the claim had been made on the
earlier date.[18]
(4) Notwithstanding
anything contained in this Order, no sum shall be paid to any person on account
of –
(a) parental
grant and parental allowance in respect of a birth or adoption occurring more
than 6 months before the date on which the claim for the grant or allowance is
made;
(b) death
grant in any case where the prescribed time for making a claim falls to be
extended under paragraphs (2) and (3) by more than 6 months;
(c) any
other benefit (not being an old age pension payable to a widow by virtue of the
insurance of her husband in respect of whose death she was immediately before
attaining pensionable age entitled to survivor’s benefit and not being
insolvency benefit) in respect of any period more than 6 months before the date
on which the claim for benefit is made.[19]
14 Extinguishment of
right to sums payable by way of benefit which are not obtained within the
prescribed time
(1) The
right to payment of any sum by way of benefit shall, subject to paragraph (2),
be extinguished where payment thereof is not obtained within the period of 2
years from the date on which the right is to be treated as having arisen; and
for the purpose of this Article the right shall 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 thereof, to the beneficiary
or to an approved place for collection by the beneficiary (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 beneficiary has the right to
payment –
(i) on the date on
the said instrument of payment, or
(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 payment;
(b) in
relation to any such sum to which sub-paragraph (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 beneficiary 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 post, and
(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
such notice;
(c) in
relation to any such sum to which neither sub-paragraph (a) nor (b)
applies, on such date as the Minister determines.[20]
(2) Where
a question arises whether the right to payment of any sum by way of benefit has
been extinguished by the operation of this Article and the determining
authority 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 said notice was given there was good cause for not giving that
notice,
the said period of 2 years
shall be extended to the date on which the determining authority decides that
question, and for the purposes of the operation of this Article thereafter the
right to payment of that sum shall, notwithstanding the provisions of paragraph (1),
be treated as having arisen on that date.[21]
(3) This
Article shall apply to a person authorized or appointed to act on behalf of a
beneficiary as it applies to a beneficiary.
15 Information to be
given when obtaining payment of benefit
(1) Every
beneficiary and every person by whom or on whose behalf sums payable by way of
benefit are receivable shall furnish in such manner and at such times as the
Minister may determine such certificates and other documents and such
information of facts affecting the right to benefit or to the receipt thereof
as the Minister may require (either as a condition on which any such sum or
sums shall be receivable or otherwise), and in particular shall notify the
Minister in writing of any change of circumstances which he or she might
reasonably be expected to know might affect the right to benefit, or to the
receipt thereof, as soon as reasonably practicable after the occurrence thereof.
(2) Where
any sum is receivable on account of an increase of benefit in respect of a
dependant, the beneficiary shall, in such cases or classes of case as the
Minister may direct, furnish a declaration signed by such dependant confirming
the particulars respecting his or hers furnished by the claimant.[22]
PART 4
MISCELLANEOUS PROVISIONS
16 Persons unable to
act[23]
(1) In
the case of any person to whom benefit is payable or who is alleged to be
entitled to benefit or by whom or on whose behalf a claim for benefit has been
made, if that person is unable to act and –
(a) has
not been received into guardianship in pursuance of a guardianship application
under Article 29 of the Mental
Health (Jersey) Law 2016;
(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 that Law; and
(c) does
not have a tuteur,
the Minister may, on
receipt of a written application, appoint a person to act on the person’s
behalf.[24]
(2) However,
such appointment shall terminate –
(a) if
the person is received into guardianship, or has appointed, in relation to him
or her, such a person as mentioned in paragraph (1)(b) or a tuteur
(b) at
the request of the person seeking appointment;
(c) if
revoked by the Minister; or
(d) if
the claimant becomes able to act.[25]
17 Payments on death
(1) On
the death of a person who has made a claim for benefit or who is alleged to
have been entitled to benefit, or in respect of whose death a death grant is
alleged to be payable, the Minister may appoint such person as he or she may
think fit to proceed with or to make a claim for the benefit, and the
provisions of this Order shall apply, subject to the necessary modifications,
to any such claim:
Provided that, in the case
of a death grant, a claim may be made by any person specified in paragraph (2).
(2) Subject
to the provisions of paragraph (6), any sum payable by way of benefit or
which is payable under an award on a claim proceeded with or made under paragraph (1)
may be paid or distributed by or on behalf of the Minister to or amongst
persons claiming as the personal representatives, legatees, heirs or creditors,
of the deceased (or, where the deceased was illegitimate, to or amongst other
persons) and the provisions of Article 14 shall apply to any such payment
or distribution:
Provided that –
(a) the
receipt of any such person who has attained the age of 16 years shall be a
good discharge to the Minister and the Social Security Fund for any sum so
paid; and
(b) where
the Minister is satisfied that any such sum or part thereof is needed for the
benefit of any person under the age of 16 years the Minister may obtain a
good discharge therefor by paying the sum or part thereof to a person over that
age (who need not be a person specified in this paragraph) who satisfies the
Minister that he or she will apply the sum so paid for the benefit of the person
under the age of 16 years.
(3) Subject
as aforesaid, any sum payable by way of benefit to the deceased, payment of
which the deceased had not obtained at the date of this death, may, unless the
right thereto was already extinguished at that date, be paid or distributed to
or amongst such persons as are mentioned in paragraph (2), and the
provisions of Article 14 and of the proviso to the said paragraph (2)
shall apply to any such payment or distribution:
Provided that, for the
purpose of Article 14, the period of 2 years shall be calculated from the
date on which the right to payment of any sum is treated as having arisen in
relation to any such person and not from the date on which that right is
treated as having arisen in relation to the deceased.[26]
(4) In
relation to a death grant, the reference in paragraph (2) to creditors
shall include a reference to any person who gives an undertaking in writing to
pay the whole or part of the deceased’s funeral expenses, so, however, that
any payment of death grant to a person by virtue of this paragraph shall be
subject to the condition that if the person fails to carry out any such
undertaking he or she shall repay to the Social Security Fund any death grant
so paid to the person.
(5) Where
any person has received an amount by way of death grant by virtue of the
provisions of this Article and is entitled to reimbursement of the
deceased’s funeral expenses out of the deceased’s estate, the person’s
right to such reimbursement shall be reduced by the amount of the death grant
received by him or her.
(6) Paragraph (2)
and (3) shall not apply in any case unless written application for the payment
of any such sum is made to the Minister within 6 months from the date of the
deceased’s death or within such longer period as the Minister may allow
in any particular case.
(7) The
Minister may dispense with strict proof of the title of any person claiming in
accordance with the provisions of this Article.
18 Payment of
benefit to third party
For any period during
which benefit is payable to a beneficiary in respect of another person only if
the beneficiary is contributing at not less than a certain weekly rate to the
maintenance of, or to the cost of providing for, that other person, then if it
appears to the Minister to be necessary for protecting the interests of the
beneficiary or of the other person, or if the beneficiary so requests the
Minister, the Minister may direct that the whole or part of the benefit payable
to the beneficiary (whether or not benefit payable in respect of the other person)
shall be paid to another person on behalf of the beneficiary.
19 Offences
If any person contravenes
or fails to comply with any requirement of this Order (not being a requirement
to give notice of any accident or illness or a requirement to submit himself or
herself to medical treatment or examination) in respect of which no special
penalty is provided, he or she shall for such offence be liable to a penalty of level 2
on the standard scale, or where the offence consists of continuing any such
contravention or failure after conviction thereof, a penalty of level 2 on
the standard scale, together with a further penalty of level 1 on the
standard scale for each day on which it is continued.[27]
20 Citation
This Order may be cited
as the Social Security (Claims and Payments) (Jersey) Order 1974.
SCHEDULE 1[28]
(Article 10)
BENEFIT CLAIMED AND BENEFIT FOR WHICH THE CLAIM MAY BE TREATED AS A
CLAIM IN THE ALTERNATIVE
|
Benefit
claimed.
|
Alternative
benefit.
|
|
Old
age pension for a woman by virtue of her husband’s insurance.
|
Survivor’s
benefit.
|
|
Parental allowance.
|
Incapacity benefit.
|
|
Incapacity benefit.
|
Parental allowance.
|
SCHEDULE 2[29]
(Articles 1(3) and 13)
Showing in Part 1
the prescribed times for claiming benefit and the disqualifications for benefit
arising by reason of late claims, and in Part 2 the provisions (and
related provisions) which affect the benefit which would otherwise be payable,
or not payable, by virtue of Part 1.
PART 1
TABLE OF (a) PRESCRIBED TIMES FOR MAKING A CLAIM FOR BENEFIT AND (b)
DISQUALIFICATIONS FOR LATE CLAIM
|
Description of benefit
|
Prescribed time for claiming benefit
|
Benefit which a person is disqualified
for receiving by failure to claim within the prescribed time
|
|
(1)
|
(2)
|
(3)
|
|
1.
|
Short term incapacity allowance
(including any increase in respect of a dependant).
|
The period of 30 days from the
earliest day in respect of which the claim is made.
|
The benefit claimed.
|
|
2.
|
Parental grant and parental allowance
–
|
|
|
|
|
(a)
|
Parental grant.
|
The period beginning with the 13th
week before the expected date of birth or adoption and ending 6 months
after the date of birth.
|
The benefit claimed.
|
|
|
(b)
|
Parental allowance.
|
The period beginning with the 13th
week before the expected date of birth or adoption and ending 6 months
after the date of birth.
|
The benefit claimed.
|
|
|
(c)
|
Increase of parental allowances in
respect of a dependant.
|
The period beginning with the 13th
week before the expected date of birth or adoption and ending 6 months
after the date of birth.
|
The benefit claimed.
|
|
3.
|
Death grant.
|
The period of
6 months (or such longer period as the Minister may determine in the
circumstances of any particular case) from the date of the death of the
deceased.
|
The benefit
claimed.
|
|
4.
|
|
|
|
|
5.
|
Long term incapacity allowance (including
any increase in respect of a dependant).
|
The period of 3 months from the first
day on which the conditions for the receipt of that benefit are satisfied.
|
The benefit claimed.
|
|
5A.
|
Incapacity pension or increase of incapacity
pension in respect of a dependant.
|
The period of 3 months from the date
on which, apart from satisfying the condition of making a claim, the claimant
becomes entitled thereto.
|
Benefit in respect of any period more
than 3 months before the date on which the claim is made.
|
|
6.
|
Old age pension (not being a reduced
old age pension under Article 25(1A) of the Law or an old age pension
for a widow by virtue of the insurance of her husband in respect of whose
death she was immediately before attaining pensionable age entitled to
survivor’s pension) or increase of such an old age pension in respect
of an adult dependant.
|
The period of 3 months from the date
on which, apart from satisfying the condition of making a claim, the claimant
becomes entitled thereto
|
Benefit in respect of any period more
than 3 months before the date on which the claim is made
|
|
7.
|
Reduced old
age pension under Article 25(1A) of the Law or increase of such an old
age pension in respect of an adult dependant.
|
The period of
one month from the date on which, apart from satisfying the condition of
making a claim, the claimant becomes entitled thereto.
|
Benefit in
respect of any period more than one month before the date on which the claim
is made
|
|
8.
|
Survivor’s benefit
|
The period of 3 months from the date
on which, apart from satisfying the condition of making a claim, the claimant
becomes entitled thereto.
|
Benefit in respect of any period more
than 3 months before the date on which the claim is made.
|
|
8A.
|
Home carer’s allowance.
|
The period of 3 months from the first
day on which the conditions for the receipt of that benefit are satisfied.
|
Benefit in respect of any period more
than 3 months before the date on which the claim is made.
|
|
9.
|
|
|
|
|
10
|
Insolvency benefit
|
30 days (or such longer period
not exceeding 6 months as the Minister may determine in the
circumstances of any particular case) after the cessation of the
employee’s service in employment by the relevant employer (as referred
to in Article 26C of the Law)
|
The benefit claimed
|
PART 2
Containing special miscellaneous provisions relating to Incapacity
Benefit, Parental Allowance, and Old Age Pension, including provisions which
vary the prescribed times under Part 1.
INCAPACITY BENEFIT
1 Hospital
in-patients
(1) In
determining whether the provisions of Article 13(2) or (3)(b) have been
satisfied by a person who is, or has been, an in-patient in a hospital, and who
makes a claim for incapacity benefit, any such provision shall, in relation
only to that claim, be deemed to have been satisfied by the person in respect
of that one of the following periods which is appropriate, in so far as it is
relevant for the purpose of any such provision –
(a) where
the person concerned has been discharged from the hospital, the period
commencing on the date of the person’s admission thereto as an in-patient
and ending 90 days thereafter or 30 days after the date of the person’s
discharge, whichever period is the shorter; or
(b) where
the person concerned has not been so discharged, the period of 90 days from the
date of the person’s admission to the hospital as an in-patient.
(2) For
the purposes of sub-paragraph (1) –
(a) in
ascertaining the date of admission to hospital of the person concerned, where
that person has previously been an in-patient in one or more hospitals for one
or more periods, any such period shall be taken into account, provided that the
interval, or (if there was more than one previous period as an in-patient) each
interval, between the end of such period and the beginning of the appropriate
period specified in that sub-paragraph does not exceed 3 weeks;
(b) the
expression “hospital” means any institution for the reception and
treatment of persons suffering from illness and any maternity home (and, for
this purpose, “illness” includes mental disorder and incapacity
requiring medical treatment or nursing); and
(c) the
expression “in-patient” means a person admitted as an in-patient to
a hospital for the purpose of receiving their treatment by or under the
direction of a medical practitioner.
2 Claims
in advance
(1) Where,
for the purposes of the provisions of the Social
Security (Medical Certification) (Jersey) Order 1974, it has
been certified –
(a) that
a person is incapable of work and will continue to be incapable of work for the
period specified in the certificate; or
(b) that
a person (being a person who, throughout the period of 6 months immediately
preceding the date of the certificate, has been in receipt of incapacity
benefit) is incapable of work,
a claim for incapacity
benefit may, unless the Minister otherwise directs, be made by that person in
respect of the period of 13 weeks, or such shorter period as the Minister may
in the circumstances determine, in either case commencing immediately after the
date of the certificate.
(2) Any
claim for incapacity benefit made by any such person may, if it is made on the
form containing the certificate, be treated by the Minister as a claim made
also in respect of any days in the said period of 13 weeks or in any such
shorter period, as the case may be.
(3) Where
for the said purposes it has been certified that it is to be expected that that
a child will be born or adopted, and either –
(a) a
claim for incapacity benefit is made by that woman on or after the date of that
certificate, or
(b) a
claim for parental allowance so made by that woman is treated under the
provisions of Article 10(1) as a claim in the alternative for incapacity
benefit,
any such claim may, unless
the Minister otherwise directs, be treated as a claim for incapacity benefit
made in respect of any days in the period beginning with the second week before
the expected week of birth or adoption or with the date of birth or adoption,
whichever is the earlier, and ending 2 weeks after the date of the birth or
adoption.
3
4 Old
age pensions
(1) A
claim for old age pension may be made at any time not more than 4 months before
the date on which the claimant will, subject to the fulfilment of the necessary
conditions, become entitled to such a pension.
(2) For
the purpose of facilitating the determination of a subsequent claim for an old
age pension, a person may, at any time not more than 4 months before the date
on which he or she will become entitled to an old age pension, submit
particulars in writing to the Minister in a form approved by the Minister for
that purpose with a view to the determination (in advance of a claim) of any questions
under the Law relating to the person’s title to an old age pension, and,
subject to the necessary modifications, the provisions of Part 2 of this Order
shall apply to any such particulars.