Social Security
(Residence and Persons Abroad) (Jersey) Order 1974[1]
1 Interpretation
In
this Order, “Law” means the Social Security (Jersey)
Law 1974.
2 Condition
as to residence in Jersey
For the purposes of Article 3(1) of the Law, the condition as
to residence in Jersey (in this Article referred to as the “residence
condition”) shall be that a person must have been resident in Jersey for
a continuous period of 6 months beginning with the month which follows that in
which the person entered Jersey and terminating on or after 10th September 1951
and on or after attaining school leaving age –
Provided that –
(a) the residence condition
shall not apply to the following persons as from the respective dates mentioned
below –
(i) (subject
to the provisions of paragraph (b)
of this proviso) in the case of a person who, but for the foregoing provision,
would be a Class 1 insured person – as from the date on which he or she
becomes an employed person,
(ii) in
the case of a person who, but for the said foregoing provision, would be a
Class 2 insured person and who notifies the Minister that this condition shall
not apply to him or her – as from such date as the Minister may allow,
(iii) in
the case of a person over school leaving age and under the age of 18 who
came to Jersey for the purpose of receiving full time education or training
– as from the date of the commencement of such education or training;
(b) where a Class 1 insured
person to whom the provisions of paragraph (a)(i) of this proviso would otherwise apply is not ordinarily
resident in Jersey and either the employer of that person is not so ordinarily
resident or the employer’s principal place of business is not in Jersey,
the residence condition shall apply with the substitution of 12 months for
6 months if, in the country in which the Class 1 insured person is ordinarily
resident, payments by the employer or the Class 1 insured person in
respect of the period of the employment are being made for the purpose of
enabling the insured person to qualify for benefits substantially similar to
benefits provided under the Law.
2A Persons deemed to be
resident in Jersey for the purposes of the liability to pay LTC contributions[2]
(1) Where –
(a) spouse B
is an insured person;
(b) his
or her spouse A is not an insured person, by reason only that he or she
does not fulfil the residence condition in Article 2; and
(c) under
the 1961 Law, they are assessed jointly, whether by virtue of Article 121
or the operation of the proviso to Article 122,
spouse A shall be deemed to be resident in Jersey and insured
under the Law for the purpose of the liability to pay spouse B’s LTC
contributions, to the extent that spouse B’s income is deemed to be spouse A’s
income and not his or her own.[3]
(1A) The references to spouse A and
spouse B in paragraph (1) have the meaning given to those expressions
in Article 3(1) of the 1961 Law.[4]
(2) Where –
(a) civil
partner B is an insured person;
(b) his
or her civil partner A is not an insured person, by reason only that he or
she does not fulfil the residence condition in Article 2; and
(c) under
the 1961 Law, they are assessed jointly, whether by virtue of Article 122B
or the operation of the proviso to Article 122E(2),
civil partner A shall be deemed to be resident in Jersey and
insured under the Law for the purpose of the liability to pay civil
partner B’s LTC contributions, to the extent that civil
partner B’s income is deemed to be civil partner A’s
income and not his or her own.
(3) The references to civil
partner A and civil partner B in paragraph (2) shall be
construed in accordance with Article 122A(1) to (4) of the 1961 Law.
3 Contributions
in respect of employment outside Jersey in continuance of Class 1 employment
(1) Where a person employed
in an employed person’s employment ceases to be so employed in Jersey but
is employed (whether by the same or a different employer) outside Jersey in
continuation of an employed person’s employment, that employment outside Jersey
shall be treated as an employed person’s employment for the period for
which contributions are payable in respect of it under paragraph (2)(a) if
the employer has a place of business in Jersey and the person concerned is
ordinarily resident therein.
(2) Where under paragraph (1)
employment outside Jersey is treated as employed person’s employment, the
following provisions shall apply with respect to the payment of contributions
under the Law –
(a) monthly
contributions at the appropriate rates specified in Article 5(4) of the Law
shall be payable in respect of such employment during the period of 12 months
from the commencement thereof;
(b) after
the completion of the period for which contributions are payable under sub-paragraph (a),
the insured person shall, for any month thereafter during the whole of which the
insured person is outside Jersey, be entitled to pay Class 2 contributions.
4 Class
2 contributions in respect of periods outside Jersey
(1) Where a Class 2 insured
person is throughout any month outside Jersey, he or she shall not be liable to
pay a contribution as an insured person for that month.
(2)
(a) Subject
to the conditions specified in sub-paragraph (b), an insured person shall,
for any month during the whole of which he or she is outside Jersey, and for
which, by virtue of paragraph (1), the insured person is not liable to pay
a contribution as an insured person, be entitled to pay a full rate Class 2
contribution if he or she so desires.
(b) The
conditions referred to in the preceding sub-paragraph are either that the
annual contribution factor derived from contributions paid by the insured person
prior to the end of the previous quarter but one before the quarter which
includes the month in question is not less than 3.00, or, alternatively, that
the insured person had been resident in Jersey for a continuous period of not
less than 3 years at any time before the said month.[5]
(3) This Article shall not
apply to a person to whom the provisions of Article 3(2)(b) are
applicable.
5 Disqualification
for receiving benefit during absence from Jersey[6]
Subject to the provisions of this Order, a person shall be
disqualified for receiving any benefit and an increase of benefit shall not be
payable in respect of any person as the beneficiary’s spouse, civil partner
or adult dependant, for any period during which that person is absent from Jersey.
6 Exceptions
from disqualification during absence[7]
(1) Article 5 shall
not operate to disqualify a person for receiving short term incapacity
allowance, or long term incapacity allowance by reason of being temporarily
absent from Jersey, during such period as the Minister may allow having regard
to the circumstances of the case, for the specific purpose of treating
(otherwise than by way of rehabilitation) incapacity which commenced before the
person left Jersey on that occasion.[8]
(2) However,
unless –
(a) the
person has nominated a person in Jersey to receive payment of the
person’s benefit on his or her behalf; and
(b) the
Minister has approved the nominee,
the payment of the benefit shall not be made until the beneficiary
returns to Jersey.
(2A) Article 5 shall not operate to
disqualify a person for receiving insolvency benefit and paragraph (2)
shall not apply in respect of the payment of insolvency benefit.[9]
(3) Article 5 shall
not operate to disqualify a person, by reason of being absent from Jersey for
any period not exceeding 13 weeks, for receiving long term incapacity
allowance.
(4) Article 5 shall
not operate to disqualify a person, by reason of being absent from Jersey, for
receiving an incapacity pension, survivor’s benefit or an old age
pension.
(5) Where a person is by
virtue of any of paragraphs (1), (3) and (4) not disqualified for
receiving a benefit while absent from Jersey, Article 5 shall not operate to
disqualify that person, by reason of the absence of the person’s spouse
from Jersey, for receiving any increase of that benefit in respect of that
spouse, as long as they are residing together outside Jersey.
(6) Where a person is by
virtue of any of paragraphs (1), (3) and (4) not disqualified for
receiving a benefit although absent from Jersey, Article 5 shall not
operate to disqualify that person, by reason of the absence of any other person
from Jersey, for receiving any increase of that benefit in respect of that
other person, as long as –
(a) that
other person is being cared for as a person of a prescribed category for the
purposes of Article 27(1) of the Law; and
(b) they
are residing together outside Jersey.
7 Suspension
of payment of benefit
(1) The payment of benefit
to or in respect of any person which is payable otherwise than in respect of a
period of absence from Jersey shall be suspended while the beneficiary is
absent from Jersey, unless the benefit is one (and only so long as it is one)
which, by reason of the foregoing provisions of this Order, the person is not
disqualified for receiving or not disentitled to when so absent.
(2) Where by virtue of the
foregoing provisions of this Order payment of benefit is suspended for any
period, then the period of suspension shall not be taken into account in
calculating any period under the provisions of Article 14 of the Social Security (Claims and
Payments) (Jersey) Order 1974.
8 Administrative
arrangements as to contributions and benefit
Contributions and benefit which become payable by virtue of this Order
shall be paid and collected, or, as the case may be, paid, at such times and in
such manner and subject to the furnishing of such information and evidence as
the Minister may determine or require from time to time.
9 Citation
This Order may be cited as the Social Security (Residence and
Persons Abroad) (Jersey) Order 1974.