Social Security
(Amendment No. 19) (Jersey) Law 2011
A LAW to amend
further the Social Security (Jersey) Law 1974.
Adopted by the
States 10th December 2010
Sanctioned by
Order of Her Majesty in Council 10th May 2011
Registered by the
Royal Court 3rd
June 2011
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Interpretation
In this Law “principal Law” means the Social Security
(Jersey) Law 1974[1].
2 Article
50 substituted
For Article 50 of the principal Law there shall be substituted
the following Article –
“50 Power
to amend Law by Regulations
(1) The States may by Regulations amend in this
Law –
(a) in respect of insured persons –
(i) who
is an insured person for the purposes of this Law,
(ii) the
classification of insured persons for the purposes of this Law,
(iii) the
liability of insured persons to pay contributions,
(iv) the
amounts of the contributions payable by insured persons,
(v) the
circumstances in which an insured person is entitled to a contribution credit,
rules for calculation of contribution credits and circumstances in which an
insured person is or may be entitled to a backdated contribution credit;
(b) in respect of employers of insured
persons –
(i) who
is an employer of an insured person for the purposes of this Law,
(ii) the
liability of employers of insured persons to pay contributions in respect of
those persons,
(iii) the
amounts of the contributions payable by employers of insured persons in respect
of those persons;
(c) in respect of the collection of
contributions, the manner in which, when and by whom contributions are to be
paid;
(d) in respect of benefits –
(i) the
descriptions of benefit,
(ii) who
is entitled to a benefit of any description,
(iii) the
conditions for a person’s entitlement to a benefit of any description,
(iv) the
period or periods for which a person is entitled to a benefit of any
description,
(v) the
rate or amount of any benefit (including a standard rate of benefit),
(vi) the
circumstances in which and the extent to which any benefit shall or may be
backdated;
(e) in respect of the Social Security Fund –
(i) the
rules for calculation of amounts to be allocated to the Health Insurance Fund
before contributions are paid into the Social Security Fund,
(ii) the
purposes for which money shall be paid out of the Social Security Fund and,
where appropriate, how the amount to be paid out is to be determined;
(f) any provision for the payment of money
into the Social Security Fund by the States –
(i) where
the States is or is to be required to make payments, as to how the amounts are
to be determined, the periods to which they are to relate and when they are to
be paid, or
(ii) so
as to remove any obligation for the States to make payments into the Fund.
(2) Without prejudice to the generality of
paragraph (1)(a)(iii) and (iv) Regulations may –
(a) amend the definition ‘earnings’
in Article 1;
(b) add a definition ‘income’ in
Article 1;
(c) amend this Law to provide that an insured
person’s contributions are calculated by reference to the person’s
income; and
(d) amend this Law to provide for the
determination of the amount of an individual’s earnings or income for a
specified period.
(3) The States may by Regulations amend this Law
so as to provide for the aggregation of contributions of different classes.
(4) Regulations made under this Article may
also, for the purposes of supplementing any amendment made pursuant to
paragraphs (1) to (3) –
(a) amend in this Law any power to make an
Order; and
(b) amend this Law to provide that any further
matter shall or may be made by Order.
(5) Regulations made under this Article may
amend any other enactment consequentially upon any amendment of this Law made
pursuant to paragraphs (1) to (3).
(6) Regulations made under this Article shall
not amend this Article or Article 51.
(7) Draft Regulations to be made by the States
under this Article may only be lodged by the Minister.”.
3 Article
51 amended
In Article 51(2) of the principal Law after the words
“may contain such” there shall be inserted the word
“transitional,”.
4 Citation
and commencement
This Law may be cited as the Social Security (Amendment No. 19)
(Jersey) Law 2011 and shall come into force 7 days after it is
registered.
m.n. de la haye
Greffier of the States