Social Security
(Television Licence Benefit) (Jersey) Regulations 2009
PART 1
INTERPRETIVE
PROVISIONS
1 Interpretation[1]
In these Regulations, unless the context otherwise requires –
“applicable 12 month period”, in relation to an
application, means the 12 month period ending on the last day of the month
before the month in which the application is made;
“application” means (other than in Regulation 14) an
application under Regulation 3;
“determining officer” means an officer appointed by the
Minister in pursuance of Article 33 of the Social Security (Jersey)
Law 1974;
“domestic
premises” means a dwelling used for residential accommodation that is not
part of –
(a) a nursing
home within the meaning of Article 1A of the Nursing Homes (Jersey)
Law 1994; or
(b) a
home consisting of –
(i) a care home service within the meaning of paragraph 4 of Schedule 1
to the Regulation of Care (Jersey)
Law 2014 (the “2014 Law”), or
(ii) a
children’s home service or residential family centre service within
the meaning given to each of those expressions in Part 3 of Schedule 1 to the 2014 Law;
“initial television licence”
means a television licence that is not a renewed television licence;
“Minister” means the Minister for Social Security;
“renewal notice”, in relation to an application in
respect of domestic premises, means a notice that –
(a) is
issued in respect of a television licence that was issued in respect of the
premises;
(b) is
issued to the senior specified in the application or to a person who resides
with the senior or resided with the senior at the premises in the 12 month
period before the application was made; and
(c) specifies
the date by which the television licence is required to be renewed;
“renewed television licence” means a television licence
that is issued –
(a) in
respect of domestic premises after a renewal notice is issued in respect of the
domestic premises; and
(b) on or
before the date specified in the renewal notice as the date by which the
television licence to which it relates is required to be renewed;
“senior” has the meaning given by Regulation 2;
“television licence” means a
licence of the kind referred to in Article 1(1) of the Social Security (Television
Licence Benefit) (Jersey) Law 2006.
2 Meaning
of “senior”
(1) In these Regulations, a
person is a senior in relation to an application if, at the relevant time in
relation to the application, he or she –
(a) is
ordinarily resident in Jersey; and
(b) is 75
years of age or older.
(2) The relevant time in
relation to an application in respect of domestic premises is –
(a) if a
renewal notice was issued in respect of the domestic premises in the
12 month period before the application was made, the date specified in the
renewal notice as the date by which the television licence to which it relates
is required to be renewed; or
(b) if a
renewal notice was not issued in respect of the domestic premises in the
12 month period before the application was made, the date on which was
issued the initial television licence in relation to which the application is specified
under Regulation 3(3)(a) to be made.
PART 2
GRANT
OF television LICENCE BENEFIT
3 Application
for benefit
(1) A person may apply to
the Minister for a television licence benefit.
(2) An application must be
made on a form, approved by the Minister, that is completed in accordance with
the instructions contained on the form.
(3) In addition to any
other instruction contained on a form approved under paragraph (2), the
form must instruct the applicant to specify whether the application is made in
relation to –
(a) an
initial television licence;
(b) a
renewed television licence; or
(c) a
renewal notice.
4 Additional
documents and information to accompany application
(1) An application that is
specified under Regulation 3(3) to be made in relation to a television
licence must be accompanied by a copy of the licence.
(2) An application that is
specified under Regulation 3(3) to be made in relation to a renewal notice
must be accompanied by a copy of the renewal notice.
(3) An application that is
specified under Regulation 3(3) to be made in relation to a television
licence must also be accompanied by the renewal notice, if any, in relation to
the domestic premises to which the application relates, if the senior to whom
the application relates has not attained the age of 76 years by the date
on which the application is made, unless the Minister waives the application of
this paragraph.
(4) An application must be
accompanied by any other information, documents, or evidence, that the determining
officer considering the application reasonably requires to determine whether
the applicant is eligible to be granted the television licence benefit.
5 Relevant
period within which application must be made
(1) The relevant period
within which an application in relation to domestic premises must be made under
Regulation 3 is –
(a) if
the application specifies under Regulation 3(3) that it is made in
relation to a television licence, the 6 month period beginning with the
day the licence is issued; or
(b) if
the application specifies under Regulation 3(3) that it is made in
relation to a renewal notice, the 2 month period preceding the date on
which the television licence to which the notice relates is required to be
renewed.
(2) However, the Minister
may, in his or her discretion, determine that an application that specifies
under Regulation 3(3) that it is made in relation to a television licence
and that is not made within the relevant period specified in paragraph (1)(a)
is to be taken to be made within the relevant period if –
(a) the
application is made within the 2 year period beginning on the day on which
the licence is issued;
(b) he or
she is satisfied that there was good reason why the application was not lodged
within the relevant period; and
(c) the
senior to whom the application relates was a senior before the end of the
period in which the application was, under paragraph (1)(a), required to
be made.
6 Grant
of benefit
(1) An application received
by the Minister must be considered by a determining officer, who must grant a
television licence benefit if the person applying is eligible for the grant of
the benefit.
(2) A person who has made
an application is eligible for the grant of a television licence benefit if the
determining officer is satisfied that –
(a) the
person is a senior who resides in domestic premises to which a renewal notice
or a television licence relates or is a person who resides with a senior in
domestic premises to which a renewal notice or a television licence relates;
(b) the
application is accompanied by the information, documents and evidence required
under Regulation 4 to accompany it;
(c) the
senior does not, for the applicable 12 month period in relation to the
application, have more than the relevant total income as determined under Regulation 7;
(d) where
the application specifies under Regulation 3(3) that it is made in
relation to a television licence, the licence has been issued to the person;
(e) the
application is made within the relevant period as determined in accordance with
Regulation 5; and
(f) no
television licence benefit has already been paid in relation to the television
licence or renewal notice to which the application relates.
(3) If a person from whom
the Minister has received an application is not eligible for the grant of a
television licence benefit, the determining officer must –
(a) refuse
to grant the benefit; and
(b) notify
the person in writing of the refusal and of the right to request a review under
Regulation 12.
7 Determination
of relevant total income
(1) For the purposes of Regulation 6(2)(c),
a senior does not, for the applicable 12 month period in relation to an
application, have more than the relevant total income, if –
(a) where,
at the date on which the application is made, he or she does not have a spouse
or civil partner, his or her total income, as determined for the applicable
12 month period, was not more than the prescribed amount for a single
person; or
(b) where,
at the date on which the application is made, he or she has a spouse or civil
partner, the combined amount of his or her total income, and the total income
of his or her spouse or civil partner, as determined for the applicable
12 month period, was not more than the prescribed amount for a couple.[2]
(2) The total income of a
person for the purposes of paragraph (1) is to be determined in accordance
with the provisions of the Income Tax (Jersey)
Law 1961.
(3) A person has a spouse
for the purposes of this Regulation if the person resides in domestic premises
with a person –
(a) to
whom that person is married; or
(b) with
whom that person has a marriage-like relationship.[3]
(3A) A person has a civil partner for
the purposes of this Regulation if the person resides in domestic premises with
a person –
(a) who
is his or her civil partner; or
(b) with
whom that person has a civil partnership-like relationship.[4]
(4) The prescribed amount
for a single person is –
(a) the amount
prescribed under paragraph (6)(a); or
(b) £14,638,
if no amount is so prescribed.
(5) The prescribed amount
for a couple is –
(a) the amount
prescribed under paragraph (6)(b); or
(b) £23,748,
if no amount is so prescribed.
(6) The Minister may, by Order,
prescribe –
(a) an
amount for a single person; and
(b) an
amount for a couple.
8 Payment
of benefit
(1) The amount of a
television licence benefit to be granted to a person is –
(a) if
the person’s application specifies under Regulation 3(3) that it is
made in relation to a television licence, an amount of money equivalent to the
amount paid for the television licence; or
(b) if
the person’s application specifies under Regulation 3(3) that it is
made in relation to a renewal notice, an amount of money equivalent to the
amount specified in the renewal notice as required to be paid for the renewal
of the television licence to which the renewal notice relates.
(2) If the determining
officer determines that a television licence benefit is to be granted to a
person, the Minister must pay the benefit –
(a) by
payment (in full or by instalments) on behalf of the person, to the authority
responsible for the issuing of television licences, or to an agent of that
authority; or
(b) by an
electronic transfer into an individual bank account of the person.
(3) If the Minister is
satisfied that it is impracticable to comply with paragraph (2) in
relation to a person, the Minister may pay the benefit to the person by cheque.
PART 3
MISCELLANEOUS
PROVISIONS
9 Agents
(1) A senior may apply to
the Minister to appoint as the agent of the senior in respect of an application
for, and the grant of, a television licence benefit, a person nominated in the
application.
(2) The Minister may
appoint as the agent of a senior a person nominated by the senior in an
application under paragraph (1).
(3) The Minister must not
appoint a person under paragraph (2) in relation to a senior –
(a) unless
the person to be appointed has attained the age of 18 years; or
(b) if,
in relation to the senior, a guardian has been appointed under Part 4 of
the Mental Health (Jersey)
Law 2016, or –
(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,
with power to act on the senior’s behalf in respect of the
application under paragraph (1). [5]
(4) The Minister may, of
his or her own motion or at the request of an agent or a senior in relation to
whom an agent has been appointed, revoke, by notice to a senior and his or her
agent, the appointment of the agent under paragraph (2).
(5) The Minister must, by
notice to a senior and his or her agent, revoke the appointment of the agent
under paragraph (2), if the Minister is satisfied that a delegate or
guardian has been appointed in relation to the senior, or that the senior has
conferred authority on another person under a lasting power of attorney as
described in paragraph (3)(b)(iii).[6]
(6) A person appointed as
an agent under paragraph (2) in relation to a senior may, by giving one
month’s notice to the Minister, cease to be an agent in relation to the
senior.
10 Offences
(1) A person must not, for
the purpose of obtaining a grant of a television licence benefit in respect of
himself or herself or another person –
(a) knowingly
make a false statement or false representation;
(b) provide
to the Minister any document or information, cause to be provided to the
Minister any document or information, or knowingly allow to be provided to the
Minister any document or information, if the person knows, or is reckless as to
whether, the document or information is false in any material particular; or
(c) manufacture,
cause to be manufactured, or knowingly allow to be manufactured, any document
or information, knowing, or having reasonable grounds to suspect, it is
intended to be provided to the Minister, if the person knows, or is reckless as
to whether, the document or information is false in any material particular.
(2) A person who
contravenes paragraph (1) is guilty of an offence and liable to
imprisonment for a term of 2 years and to a fine.
(3) Any person who aids,
abets, counsels or procures the commission of an offence against paragraph (1)
is also guilty of the offence and liable in the same manner as a principal offender
to the penalty provided for that offence under paragraph (2).
11 Recovery of
incorrectly paid benefit
(1) If it is found, at any
time, that a television licence benefit has been granted under Regulation 6
to a person who was not eligible under that Regulation for the grant, the
Minister may require the person, or the senior specified in the application of
the person in relation to which the benefit was granted, to repay to the
Minister the amount paid to the person under Regulation 8.
(2) If it is found, at any
time, that an amount of money that has been paid under Regulation 8 in
respect of a person who was granted a television licence benefit under Regulation 6
was greater than the amount that is permitted to be paid under Regulation 8
in respect of the person, the Minister may require the person, or the senior
specified in the application of the person in relation to which the benefit was
granted, to repay to the Minister the amount of the overpayment.
(3) The Minister may
require a person to whom a television licence benefit has been granted and to
whom an amount of money has been paid in accordance with Regulation 8(2)(b)
or (3) to repay the amount to the Minister, if –
(a) the
application in relation to which the benefit was granted specified under Regulation 3(3)
that it was made in relation to a renewal notice; and
(b) within
the period of 6 months after the application was made, the amount required
to be paid for renewal of the television licence to which the renewal notice
relates has not been paid to the licensing authority or an agent of an
authority, in respect of the domestic premises to which the application
related.
(4) The Minister must not
require an amount of money to be repaid to him or her by a person who is shown
to the Minister’s satisfaction to have acted in good faith in respect of
the application for, and the grant of, the amount in question.
12 Review of
decisions
(1) A person who receives a
notice of refusal under Regulation 6(3) may request a review of the
decision –
(a) by
notice in writing to the Minister;
(b) within
14 days after receipt of the notice of refusal.
(2) A notice given under
paragraph (1) must set out the grounds on which the person seeks the
review.
(3) If a notice is given to
the Minister under paragraph (1), a second determining officer must review
the application and the decision to which the request for review relates.
(4) The second determining
officer must dispose of the review by –
(a) confirming
the decision reviewed; or
(b) revoking
the decision reviewed and making a decision in relation to the application as
if he or she were a determining officer considering the application for the
first time for the purposes of these Regulations (other than
Regulation 6(3)(b) and this Regulation).
(5) The second determining
officer may –
(a) require
the person requesting the review to provide to him or her further information
in relation to the matter to which the review relates; and
(b) refuse
to complete the review until that information is provided to him or her.
(6) The second determining
officer must, as far as practicable, dispose of the review within 14 days
after the Minister receives the request for review.
13 Appeal
(1) The following
provisions of the Social Security
(Determination of Claims and Questions) (Jersey) Order 1974 apply, with the
modifications set out in paragraph (2), in relation to a decision of a second
determining officer under Regulation 12(4) –
(a) Part 2,
other than –
(i) the provisos to
Article 3, and
(ii) Article 13(9);
(b) Part 3,
other than Article 15(1)(c) and Article 17; and
(c) Part 5.
(2) The modifications are
as follows –
(a) in
Article 3, for the words “under Article 1A” there are
substituted the words “under Regulation 12 of the
Regulations”;
(b) in Article 4,
for the word “Law” there is substituted the word
“Regulations”;
(c) in Article 20,
for paragraph (1) there is substituted the following paragraph –
“(1) In this Order, unless the
context otherwise requires –
‘applicant’ and ‘claimant’
mean a person who has requested a review under Regulation 12 of the
Regulations;
‘determining
officer’ and ‘second determining officer’ mean a person who
is reviewing, or has reviewed, an application as a second determining officer
under Regulation 12 of the Regulations;
‘question’
includes an application for a television licence benefit under Regulation 3
of the Regulations;
‘Registrar’ shall
be construed in accordance with Article 4;
‘Regulations’
means the Social Security (Television Licence Benefit) (Jersey) Regulations 2009;
‘Royal Court’
means the Inferior Number of the Royal Court;
‘Tribunal’ means
the Social Security Tribunal constituted under this Order.”;
(d) any
modification made under an Order made under paragraph (3).[7]
(3) The Minister may, by
Order, make further modifications to the Social Security (Determination
of Claims and Questions) (Jersey) Order 1974 as it applies in relation to
an appeal under that Order in accordance with this Regulation, including
modifications to provisions modified under paragraph (2).
14 Transitional provisions
(1) In this
Regulation –
“commencement date” means 14th July 2009;
“extant application” means an application to which this
Regulation applies.
(2) This Regulation applies
to an application –
(a) that
was made before the commencement date to the Minister for a payment by way of
benefit in respect of a fee relating to a television licence;
(b) that
was not granted (whether initially or on review or appeal) before the commencement
date;
(c) in
respect of which no appeal was made to the Social Security Tribunal before the
commencement date; and
(d) in
respect of which no notice of a refusal on a review was received more than
28 days before the commencement date.
(3) These Regulations apply
from the commencement date to an extant application as if they had applied to
that application from the date when that application was made.
(4) Paragraph (3) does
not apply to an extant application in relation to offences or to the recovery
of incorrectly paid benefit.
(5) Where these Regulations
apply under paragraph (3) to an extant application –
(a) if a
notice of refusal (other than on a review or appeal) of the application was
received before the commencement date, Regulation 12(1)(b) is to be read
as if that notice was received on the commencement date; and
(b) if a
notice of refusal on a review of the application was received during the
28 days preceding the commencement date, Regulation 13(2) is to be
read as if it included the additional modification set out in paragraph (6).
(6) The additional modification
is that –
(a) in
Article 9(1) of the Social Security
(Determination of Claims and Questions) (Jersey) Order 1974 for the words
“14 days” there are substituted the words
“28 days”; and
(b) Article 9(2)
of that Order is omitted.
15 Citation
These Regulations may be cited as the Social Security (Television
Licence Benefit) (Jersey) Regulations 2009.