Social Security
(Married Women) (Jersey) Order 1974[1]
1 Interpretation
In this Order –
“Law” means the Social Security (Jersey)
Law 1974;
“marriage” includes any re-marriage, and the word
“married”, wherever it occurs, shall be construed accordingly.
2 Application[2]
(1) This Order applies only
to a woman who –
(a) was
married before 1st April 2001; and
(b) is an
insured person at 1st April 2001.
(2) This Order shall cease
to apply to a woman if she remarries after 1st April 2001.
3 Election
by married women to be excepted from liability to pay contributions under the Law
(1) A woman may elect once
not to be liable, and thereafter shall not be liable, to pay contributions
under the Law in respect of any period during which she is married.[3]
(2) Nothing in this Article
shall relieve an employer of any liability imposed on the employer by the Law
in relation to employers’ secondary Class 1 contributions.
(3)
(a) Any
such election by a married woman not to pay contributions may be made by her at
any time by giving notice in writing to the Minister to that effect, and the
election shall be operative from the beginning of the month next following the
month in which the notice was given or from such other date as the Minister may
allow.
(b) Any
such election by a married woman may be cancelled by her at any time by giving
notice in writing to the Minister to that effect, and such cancellation shall
be operative from the beginning of the month next following the month in which
notice was given or from such other date as the Minister may allow.[4]
(4) A married woman who is
a Class 1 insured person and who elects not to pay contributions or who cancels
any such election in accordance with the provisions of this Article shall
forthwith notify her employer of such election or cancellation, as the case may
be.
4 Credits
for the purpose of determining rate of incapacity benefit and parental
allowance where marriage has been terminated[5]
(1) For the purpose of
determining the rate of incapacity benefit and parental allowance in the case
of a woman whose marriage has been terminated by the death of her husband or
otherwise, contributions shall be credited in respect of every day in the
period beginning with the previous quarter but one before the quarter in which
the said termination occurred and ending with the last day of that quarter.[6]
(2) Notwithstanding
anything contained in this Article, no contribution shall be credited for any
day earlier than the day following the day on which the marriage took place.
(3) Where by virtue of this
Article a contribution is credited for any day, any contribution under the Law
otherwise paid or credited for that day shall be disregarded for the purpose of
this Article, but for all other purposes shall be taken into account to the
exclusion of any contribution credited by virtue of this Article.
5 Modifications,
in relation to widows, of provisions with respect to incapacity benefit and old
age pensions
(1) Subject to the following provisions of this
Article, where a woman ceases to be entitled to survivor’s allowance
otherwise than by reason of re-marriage or cohabitation with another person of
either sex –
(a) she
shall be deemed to have satisfied the contribution conditions for short term
incapacity allowance set out in paragraph 1(1)(a) of Schedule 2 to the
Law;
(b) she
shall be deemed to have satisfied the contribution conditions for long term
incapacity allowance, incapacity pension and old age pension set out in
paragraph 2(1)(a), paragraph 3(1)(a) and paragraph 6(1)(a) respectively of that
Schedule.[7]
(2) In relation to a widow
who, at her husband’s death, would be entitled to survivor’s
allowance but for the fact that the conditions for that allowance specified in Article 24(1)(a)
of the Law are not satisfied, paragraph (1)(b)
of this Article shall apply as if she had then ceased to be entitled to
survivor’s allowance.[8]
(3) In determining for the
purpose of paragraph (1) whether a woman ceases to be or becomes entitled
as is mentioned in that paragraph, a woman in whose case the Minister is
satisfied that she would be or would have been entitled to survivor’s
benefit or an old age pension for any period but for any one or more of the
following factors, namely –
(a) delay
or failure to make a claim therefor;
(b) disqualification
for the receipt of benefit for any other reason except her cohabitation with a man
as his wife;
(c) the
operation of the provisions of the Social Security (Overlapping
Benefits) (Jersey) Order 1975,
shall be treated as if she is or (as the case may be) was entitled
thereto throughout that period.[9]
(4) In determining for the
purpose of paragraph (2) whether a woman would be entitled to a
survivor’s allowance but for the fact mentioned in that paragraph, a woman
in whose case the Minister is satisfied that she would be so entitled but for
that fact and for any one or more of the factors mentioned in paragraph (4)
shall be treated as if she would be so entitled but for that fact.[10]
(5) A woman who ceases to
be entitled as is mentioned in paragraph (1) on more than one occasion
shall be entitled to the benefit of the provisions of that paragraph, subject
as therein mentioned, on each such occasion.
(6) Where but for this paragraph,
the provisions of Article 3 and the provisions of this Article would be
applicable for the purpose of determining a woman’s right to incapacity
benefit for any day, her right thereto shall be determined by reference to the
provisions of that one of those 2 Articles which is more favourable to her, to
the exclusion of the provisions of the other.
6 Old
age pensions for women whose marriages have been dissolved
(1) Where a woman’s
marriage (being, in the case of a woman who has been married more than once, her
last marriage before attaining pensionable age) has been terminated otherwise
than by the death of her husband and she was under pensionable age at the date
of that termination, then, in calculating for the purpose of her right to an
old age pension by virtue of her own insurance the life average contribution
factor derived from the contributions paid by or credited to her, there shall
be treated as so paid or credited during either of the periods described in sub-paragraph (2)
an annual contribution factor, either –
(a) equal
to the life average contribution factor (ascertained as at the date of the
termination of the marriage or of her last husband’s attaining
pensionable age, whichever is the earlier) derived from the contributions paid
by or credited to the husband; or
(b) equal
to the annual contribution factor derived from the contributions actually paid
by or credited to her for the period in question,
whichever will enable her to receive the greater amount of pension.[11]
(2) The periods referred to
in paragraph (1) are –
(a) the
number of years between (inclusive) the year in which the woman attained school
leaving age or 1951, whichever is the later, and (inclusive) the year in
which the marriage was terminated; and
(b) the
number of years between (inclusive) the year in which the woman married the husband
and (inclusive) the year in which the marriage was terminated.[12]
(3) Where a woman’s
last or only marriage has been terminated otherwise than by the death of her husband
and she was not under pensionable age on the date of that termination, she
shall, subject to the provisions of the Law, be entitled to an old age pension
by virtue of his insurance as if he had died on the date of that termination.[13]
(4) Where at the date of
the termination of a marriage otherwise than by death, the husband would, had he
then died, have satisfied, as respects the annual contribution factor derived
from contributions which are required to have been actually paid since entry
into insurance, the contribution conditions for an old age pension, the wife
shall, for the purpose of her right to an old age pension by virtue of her own
insurance, be deemed to have satisfied those contribution conditions in that
respect.
(5) The foregoing
provisions of this Article shall not apply in the case of a woman whose
marriage has been terminated otherwise than by the death of her husband if,
being under pensionable age on the date of that termination, she has remarried
after that termination and before attaining that age.
7 Notice
of marriage and termination of marriage
(1) It shall be the duty of
every woman, who, being an insured person, marries, to furnish any evidence of her
marriage as may be required by the Minister and to give notice to the Minister
in writing of her marriage not later than 13 weeks thereafter.[14]
(2) It shall be the duty of
a married woman whose marriage is terminated by the death of her husband or
otherwise to notify the Minister of such termination in such manner as the
Minister may require.
8 Notice
by post
Any notice required by this Order may be sent by post, and, if so
sent, shall be deemed to have been given on the date on which it was posted.
9 Citation
This Order may be cited as the Social Security (Married Women)
(Jersey) Order 1974.