SOCIAL SECURITY (AMENDMENT No. 14) (JERSEY)
LAW 2000
____________
A LAW to amend further the Social
Security (Jersey) Law 1974; sanctioned by Order of Her Majesty in Council of
the
15th day of NOVEMBER 2000
____________
(Registered on the 24th day of November 2000)
____________
STATES OF JERSEY
____________
The 26th day of September 2000
____________
THE STATES, subject
to the sanction of Her Most Excellent Majesty in Council, have adopted the
following Law -
ARTICLE 1
In
this Law, “principal Law” means the Social Security (Jersey) Law 1974, as amended.
ARTICLE 2
In
Article 1(1) of the principal Law -
(a) after the definition “benefit” there shall
be inserted the following definition -
“ ‘claimant’, in Articles 34A, 34B
and 34D -
(a) means
a person claiming long term incapacity allowance; and
(b) also
means, in relation to the review of a decision, any beneficiary affected by the
decision;”;
(b) for the definition “earnings” there shall
be substituted the following definition -
“ ‘earnings’ means any sum
payable to a person (whether under a contract of service, a contract for
services or any other office, employment or arrangement whereby he is rewarded
for work done or services rendered) by way of wages, salary, fees, bonuses, commission,
overtime pay or any other emolument including the value of any loan, perquisite
or any other benefit in kind;”;
(c) the definition “incapable of self-support”
shall be deleted;
(d) for the definition “medical practitioner”
there shall be substituted the following definition -
“ ‘medical practitioner’ means -
(a) a
‘registered medical practitioner’ as defined in paragraph (1) of Article 1 of
the Medical Practitioners (Registration) (Jersey) Law 1960; or
(b) a
‘fully registered person’ as defined in section 55 of the Medical Act 1983
(c. 54) of the United Kingdom;”;
(e) the definitions “relevant accident”,
“relevant injury” and “relevant loss of faculty” shall be deleted;
(f) after the definition “relevant
contribution conditions” there shall be inserted the following definitions -
“ ‘relevant disease or injury’
means, in relation to long term incapacity allowance, the disease or injury in
respect of which that benefit is claimed or payable;
‘relevant loss of faculty’ means the
loss of faculty resulting from the relevant disease or injury;”.
ARTICLE 3
After Article 9(3) of the
principal Law
there shall be added the following paragraph -
“(4) Provision
may be made by order for disqualifying a person for receiving supplementation
of his contributions in accordance with paragraph (1) of this Article where he
has intentionally arranged his affairs so as to entitle himself to such
supplementation.”.
ARTICLE
4
After Article 11(h) of the
principal Law
there shall be inserted the following paragraph -
“(ha) for
prescribing circumstances in which the earnings of any employed person may be
treated as being of such an amount, not exceeding the earnings limit, as the
Committee considers appropriate;”.
ARTICLE 5
For
Article 12 of the principal Law there shall be substituted the
following Article -
“Article
12.
Description
of benefits.
Benefit
shall be of the following descriptions -
(a) incapacity benefit, which shall consist of
short term incapacity allowance, long term incapacity allowance and incapacity
pension;
(b) maternity benefit, which shall consist of
maternity grant and maternity allowance;
(c) survivor’s benefit, which shall consist of
survivor’s allowance and survivor’s pension;
(d) old age pension; and
(e) death grant.”.
ARTICLE 6
In Article 13(1) of the
principal Law -
(a) for the words “disablement benefit” in
sub-paragraph (a) there shall be substituted the words “long term incapacity
allowance”;
(b) for sub-paragraph (b) there shall be
substituted the following sub-paragraph -
“(b) the weekly rate of long term incapacity
allowance shall be the percentage of the standard rate of benefit in which the
degree of incapacitation, assessed in accordance with the provisions of Article
16, is expressed.”;
(c) the proviso to sub-paragraph (b) shall be
deleted.
ARTICLE 7
(1) For Article 14(2) of the principal Law there shall be substituted the
following paragraph -
“(2) Provision may be made by order for the
entitling to incapacity benefit, maternity allowance, survivor’s benefit and
old age pension of persons who would be so entitled but for the fact that the
relevant contribution conditions set out in sub-paragraphs 1(1)(b), 2(1)(b),
3(1)(b), 4(1)(b) and 6(1)(b) of the Second Schedule are not satisfied.”.
(2) For Article 14(4) of the principal Law there shall be substituted the
following paragraph -
“(4) Subject to the provisions of this Law, any
reference in it to the life average of the annual contribution factors of any
person shall be construed as referring to the average (calculated in the
prescribed manner) over a period or periods in the aggregate of forty-five
years which -
(a) begins on or after the first day of the
month in which he attains the age of eighteen years; and
(b) ends on or before the last day of the month
before the one in which he attains pensionable age.”.
ARTICLE 8
For
Articles 15, 16, 17, 18, 19 and 20 of the principal Law there shall be substituted the
following Articles -
“Article
15.
Short term
incapacity allowance.
(1) Subject to the provisions of this Law, a
person who -
(a) is under pensionable age on any day for
which benefit is claimed;
(b) is not entitled to a reduced old age
pension under paragraph (1A) of Article 25; and
(c) satisfies the relevant contribution
conditions,
shall be entitled to short term
incapacity allowance in respect of any day of incapacity for work during a
period of incapacity for work.
(2) Where in respect of any period of
incapacity for work a person has been entitled to short term incapacity
allowance for 364 days (including, in the case of a woman, any day for
which she was entitled to a maternity allowance), he or she shall cease to be
entitled to that benefit for any subsequent period of incapacity for work
falling within that period.
(3) A person shall not be entitled to short
term incapacity allowance for any period in which he works.
(4) Subject to the provisions of this Law,
where a person who is under pensionable age and is not entitled to a reduced
old age pension under paragraph (1A) of Article 25 ceases by virtue of
paragraph (2) of this Article to be entitled to short term incapacity allowance
-
(a) if he satisfies the requirements of Article
16, he shall be entitled to long term incapacity allowance; or
(b) if he satisfies the requirements of Article
17, he shall be entitled to an incapacity pension.
Article 16.
Long term incapacity allowance.
(1) Subject to the provisions of this Law, a
person who -
(a) is under pensionable age;
(b) is not entitled to a reduced old age
pension under paragraph (1A) of Article 25;
(c) as a result of the relevant disease or
injury is suffering from a loss of physical or mental faculty which is likely
to be permanent; and
(d) satisfies the relevant contribution
conditions,
shall be entitled to long term
incapacity allowance.
(2) The assessment of a claimant’s
incapacitation for the purposes of long term incapacity allowance shall take
into account the period during which the claimant has suffered and may be
expected to continue to suffer from the relevant loss of faculty.
(3) If the claimant is receiving or has
received short term incapacity allowance in respect of the relevant disease or
injury, the period to be taken into account under paragraph (2) of this Article
shall not begin earlier than the end of the last period during which he
received that allowance.
(4) If, having regard to the possibility of
changes (whether predictable or not) in the condition of a claimant, it does
not allow of a final assessment being made up to the end of the period which is
to be taken into account under paragraph (2) of this Article -
(a) a provisional assessment shall be made,
taking into account such shorter period as seems reasonable having regard to
his condition and the possibility of changes; and
(b) on the next assessment, the period to be
taken into account shall begin with the end of the period taken into account by
the provisional assessment.
(5) The assessment -
(a) shall specify as a percentage the degree of
incapacitation resulting from the loss of faculty;
(b) shall specify the period taken into account
by the assessment; and
(c) shall state whether the assessment is
provisional or final.
(6) In the assessment of a claimant’s
incapacitation -
(a) the percentage and the period to which
paragraph (5) of this Article refers shall not be specified more particularly
than is necessary for the purpose of determining the claimant’s rights in
relation to long term incapacity allowance;
(b) if the percentage so specified is lower
than five per cent, the claimant shall not be entitled to long term incapacity
allowance in respect of that incapacitation; and
(c) a percentage which is higher than five per
cent but is not a multiple of five shall be treated as being the next highest
percentage which is a multiple of five.
(7) Subject to the other provisions of this
Article, provision may be made by order for the definition of the principles on
which incapacitation is to be assessed.
(8) Any such order may in particular prescribe
that a specified loss of faculty shall be treated as resulting in a specified
percentage of incapacitation.
Article 17.
Incapacity pension.
(1) Subject to the provisions of this Law, a
person who -
(a) is under pensionable age;
(b) is not entitled to a reduced old age
pension under paragraph (1A) of Article 25;
(c) as a result of the relevant disease or
injury is likely to be permanently incapable of work; and
(d) satisfies the relevant contribution
conditions,
shall be entitled to an incapacity
pension.
(2) An incapacity pension shall be payable
until the beneficiary becomes entitled to a reduced old age pension under
paragraph (1A) of Article 25 or attains pensionable age, whichever event occurs
first.
(3) The amount of the incapacity pension to
which a beneficiary is entitled shall be calculated as if, in addition to any
other contributions paid by him and on his behalf, the contributions which
would be payable by or credited to him and on his behalf had been paid or
credited from the date from which the beneficiary became entitled to the
incapacity pension until the end of the month before the one in which he would
attain pensionable age.
(4) An incapacity pension shall cease to be payable
if the beneficiary works but if the beneficiary subsequently ceases to work and
satisfies the requirements in paragraph (1) he shall again be entitled, from
the date on which he so ceases work, to an incapacity pension in accordance
with this Article.
Article 18.
General provisions concerning incapacity
benefit.
(1) For the purposes of any provisions of this
Law relating to incapacity benefit -
(a) any two days of incapacity for work
(whether consecutive or not) within a period of seven consecutive days shall be
treated as one period of incapacity for work; and
(b) any two such periods which are not
separated by a period of more than thirteen weeks shall be treated as one
period of incapacity for work.
(2) Provision may be made by order for all or
any of the following matters relating to incapacity benefit -
(a) the defining of days which are or are not
to be treated as days of incapacity for work;
(b) the disqualifying of a person for the
receiving of incapacity benefit, for such period not exceeding thirteen weeks
as may be determined in such manner as may be prescribed, if -
(i) the relevant disease or injury is
attributable to his own wilful act;
(ii) he behaves in a manner calculated to retard
his recovery;
(iii) he fails without good cause to attend for or
to submit himself to such medical or other examination or treatment as may be
required in accordance with the order, or to observe any prescribed rules of
behaviour; or
(iv) he is guilty of obstruction or misconduct in
connexion with any relevant medical examination or treatment;
(c) the requiring of a claimant for or
beneficiary in receipt of incapacity benefit -
(i) to submit from time to time to medical
examination for the purpose of determining the effect of the relevant disease
or injury, or the appropriate treatment for it; and
(ii) to submit from time to time to appropriate
medical treatment for that disease or injury;
(d) the imposing in the case of any class of
persons of additional conditions with respect to the receipt of incapacity
benefit and restrictions on the rate and duration of the benefit if, having
regard to special circumstances, it appears to the Committee necessary to do so
for the purpose of preventing inequalities or injustice to the general body of
insured persons.
(3) Any order made under this Article requiring
persons to submit to medical examination or treatment may direct that they are
to attend for that purpose at such times and places as may be required by
persons specified in the order.
(4) Where it appears to the Committee that a
question has arisen whether an assessment of incapacity benefit ought to be
revised, the Committee may direct that payment of the benefit shall be
suspended in whole or in part until that question has been determined.”.
ARTICLE 9
For Articles 24 and 24A of the
principal Law there shall be substituted the
following Article -
“Article
24.
Survivor’s
benefit.
(1) Subject to the provisions of this Law, a
surviving spouse shall be entitled to survivor’s benefit if the deceased spouse
satisfied the relevant contribution conditions, and -
(a) in the case of survivor’s allowance either
spouse was not entitled to an old age pension, or was under pensionable age, at
the time of the deceased spouse’s death; and
(b) in the case of a survivor’s pension, the
survivor was under pensionable age at the time of the other spouse’s death and
was not entitled to a reduced old age pension under paragraph (1A) of Article
25.
(2) The period for which survivor’s benefit is
payable to a surviving spouse shall be -
(a) in the case of survivor’s allowance, the
fifty-two weeks next following the other spouse’s death; and
(b) in the case of a survivor’s pension, any
period during which the survivor is under pensionable age and is not entitled
to a survivor’s allowance or to a reduced old age pension under paragraph (1A)
of Article 25,
but the benefit shall not be payable
for any period after the death or remarriage of the survivor, or for any period
during which the survivor is cohabiting with another person of either sex.
(3) In this Article, references to the spouse
of a surviving spouse, if the survivor has been married more than once, are to
the survivor’s last spouse only.”.
ARTICLE 10
(1) For Article 25(2) of the principal Law there shall be substituted the
following paragraphs -
“(1A) Subject to the provisions of this Law, a
person shall be entitled to a reduced old age pension if -
(a) he is over the age of sixty-three;
(b) he satisfies the relevant contribution
conditions; and
(c) he elects, in the prescribed manner, to
take a reduced old age pension under this paragraph.
(1B) An election under paragraph (1A) of this
Article shall be irrevocable, and a person who becomes entitled to a reduced
old age pension under that paragraph shall not be entitled to any increase in
that pension by reason of subsequently attaining pensionable age.
(2) Subject to the provisions of this Law, an
old age pension (whether or not it is a reduced pension) shall be payable from
the date on which the person becomes entitled to it, and shall be payable for
life.”.
(2) For the words “widow’s benefit” in Article
25(3)(b) of the principal Law there shall be substituted the words “survivor’s
benefit”.
(3) For the words “widow’s benefit” in Article
25(6) of the principal Law there shall be substituted the words “survivor’s
benefit”.
ARTICLE 11
For Article 27 of the principal
Law there shall be substituted the
following Article -
“Article 27.
Increase of benefit for dependants.
(1) The weekly rate of short term incapacity
allowance, incapacity pension and maternity allowance shall be increased by the
amount set out in the second column of Part III of the First Schedule, and the
weekly rate of long term incapacity allowance shall be increased by a
percentage of that amount, being the percentage in which the degree of
incapacitation (assessed in accordance with the provisions of Article 16) is
expressed, for any prescribed period during which the beneficiary or any other
prescribed person is caring, in prescribed circumstances, for a person of a
prescribed category.
(2) A beneficiary shall not be entitled for the
same period to an increase in benefit under paragraph (1) of this Article in
respect of more than one person.”.
ARTICLE 12
For
the words “wholly or mainly maintaining” in Article 29(1)(d) of the
principal Law there shall be substituted the
words “caring for”.
ARTICLE 13
For the words “Article 34” in
Article 33(2)(a) of the principal Law there shall be substituted the
words “Articles 34, 34A, 34B, 34C and 34D”.
ARTICLE 14
For
Article 34 of the principal Law there shall be substituted the
following Articles -
“Article 34.
Medical tribunals.
(1) For the purposes of Articles 34, 34A, 34B,
34C and 34D, the Committee shall appoint the following bodies -
(a) medical boards, each consisting of one or
two medical practitioners; and
(b) medical appeal tribunals, each consisting
of three medical practitioners.
(2) Subject to the provisions of this Law, the
Committee may prescribe the procedures to be followed by medical boards and
medical appeal tribunals.
Article 34A.
Determination
of questions relating to loss of faculty.
(1) Subject to the provisions of this Law, any
question as to -
(a) whether a relevant disease or injury has
resulted in a loss of faculty;
(b) whether a loss of faculty is likely to be
permanent;
(c) the degree at which incapacitation
resulting from a loss of faculty is to be assessed; or
(d) the period to be taken into account in the
assessment of the degree of incapacitation resulting from a loss of faculty,
shall be determined in accordance
with the following provisions of this Article.
(2) Where a person claims long term incapacity
allowance, the Committee shall refer the case to a medical board for the
determination of the questions to which paragraph (1) of this Article refers.
(3) If on that reference, or on any subsequent
reference, a medical board provisionally assesses the degree of incapacitation
resulting from the claimant’s loss of faculty, the Committee shall refer the
case again to a medical board before or as soon as reasonably practicable after
the end of the period which that provisional assessment takes into account, for
determination by the medical board.
Article 34B.
Appeals from
determinations by medical boards.
(1) Subject to paragraph (3) of this Article, a
claimant shall have a right of appeal to a medical appeal tribunal against a
decision of a medical board under this Law.
(2) An appeal shall be made in such manner and
brought within such time as may be prescribed.
(3) An appeal shall not lie in respect of a
provisional assessment unless -
(a) two years has elapsed since the case was
first referred to a medical board; and
(b) the period taken into account by the
assessment does not fall wholly within that period of two years.
(4) On hearing an appeal, a medical appeal
tribunal may confirm, reverse or vary the decision against which the appeal is
brought.
Article 34C.
References
to medical appeal tribunals by Committee.
(1) Where the Committee considers that a
decision of a medical board ought to be considered by a medical appeal
tribunal, it may refer the case to such a tribunal for its consideration.
(2) On considering the case, the medical appeal
tribunal may confirm, reverse or vary the decision of the medical board.
Article 34D.
Further
reviews.
(1) A medical board may review a decision of
any medical board or medical appeal tribunal if the reviewing board is
satisfied by fresh evidence that the decision was given in consequence of the
non-disclosure or misrepresentation of a material fact (whether by the claimant
or another person, and whether fraudulently or innocently).
(2) Subject to paragraphs (3), (6) and (7) of
this Article, a medical board may review an assessment by any medical board or
medical appeal tribunal of a degree of incapacitation if the reviewing board is
satisfied that, since the making of the assessment, there has been a
substantial and unforeseen aggravation of the results of the relevant disease
or injury.
(3) A medical board shall not under paragraph
(2) of this Article review an assessment unless it is of the opinion that,
having regard to the period taken into account by the assessment and the
probable duration of the aggravation of the results of the relevant disease or
injury, substantial injustice will occur if it is not revised.
(4) Subject to paragraphs (5), (6) and (7) of
this Article, a medical board may review an assessment by any medical board or
medical appeal tribunal of a degree of incapacitation if the reviewing board is
satisfied that, since the making of the assessment, there has been a
substantial and unforeseen amelioration of the results of the relevant disease
or injury.
(5) A medical board shall not under paragraph
(4) of this Article review an assessment unless it is of the opinion that,
having regard to the period taken into account by the assessment and the
probable duration of the amelioration of the results of the relevant disease or
injury, the assessment under review is not justified.
(6) A medical board shall not under paragraph
(2) or paragraph (4) of this Article -
(a) review a provisional assessment on any
application made within six months of that assessment; or
(b) review any other assessment on any
application made within five years of that other assessment,
unless a medical appeal tribunal
gives leave to the reviewing board to do so.
(7) Notwithstanding Article 16, if such leave
is given under paragraph (6) of this Article, the period to be taken into
account on any revision of the assessment shall not include any period before
the date of the application.
(8) Subject to the other provisions of this
Article, a medical board may on a review deal with a case in any manner in
which it may deal with a case on an original reference and, in particular, may
make a provisional assessment notwithstanding that the assessment under review
was final.
(9) The provisions of this Law shall apply to a
decision on a review under this Article as if it were an original decision.
Article
34E.
Power
to refer questions to experts.
(1) Where
any question of special difficulty falls to be determined under any of Articles
33, 34A, 34B, 34C or 34D, the person or body responsible for such determination
may refer that question to one or more experts for examination and report.
(2) An
expert to whom a question is referred under paragraph (1) of this Article shall
not disclose any information coming to his knowledge as a result of such
referral to any person except -
(a) a
person acting in execution of this Law;
(b) as may be
required for any purpose approved by the Committee; or
(c) for the
purposes or in the course of any legal proceedings,
but
Article 49 shall not apply to the expert.
(3) In
this Article ‘expert’ means a person appearing to the person or body
responsible for the determination to have knowledge or experience which would
be relevant in determining the question of special difficulty.”.
ARTICLE 15
Article
45 of the principal Law shall be repealed.
ARTICLE 16
(1) For paragraphs 1, 2 and 3 of Part I of the First Schedule to the
principal Law there shall be substituted the
following paragraphs -
|
“1. Short term incapacity
allowance .. ... ...
... ...
|
Standard rate of benefit.
|
|
2. Incapacity pension ..
...
|
Standard rate of benefit.”.
|
(2) For paragraphs 5, 6, 6A and 7 of Part I of
the First Schedule to the principal Law there shall be substituted the
following paragraphs -
|
“5. Survivor’s allowance ...
|
120 per cent of the standard rate of benefit.
|
|
6. Survivor’s pension ... ...
|
Standard rate of benefit.”.
|
(3) After paragraph 8 of Part I of the First
Schedule to the principal Law there shall be inserted the
following paragraph -
|
“8A. Old age pension reduced under Article
25(1A) ... ...
... ... ...
|
The rate of old age pension payable to the
person, reduced by 0.58% for each month from the month in which he becomes
entitled to receive the reduced pension until the month in which he attains
pensionable age (both months inclusive).”.
|
(4) In Part III of the First Schedule to the
principal Law, the word “adult” shall be deleted.
ARTICLE 17
(1) In paragraph 1 of the Second Schedule to
the principal Law -
(a) for the heading “Sickness benefit.” there shall be substituted the heading “Short term incapacity allowance.”;
(b) in sub-paragraph (1), for the words
“sickness benefit” there shall be substituted the words “short term incapacity
allowance”;
(c) in sub-paragraph (2), for the words
“sickness benefit” there shall be substituted the words “short term incapacity
allowance”.
(2) In paragraph 2 of the Second Schedule to
the principal Law22 -
(a) for the heading “Invalidity benefit.” there
shall be substituted the heading “Long
term incapacity allowance.”;
(b) in sub-paragraph (1), for the words
“invalidity benefit” there shall be substituted the words “long term incapacity
allowance”;
(c) in sub-paragraph (2), for the words
“invalidity benefit” there shall be substituted the words “long term incapacity
allowance”.
(3) For
paragraph 3 of the Second Schedule to the principal Law there shall be substituted the
following paragraph -
“Incapacity pension.
3.-(1) The
contribution conditions for incapacity pension are that -
(a) the claimant has paid contributions prior
to the end of the relevant quarter and the annual contribution factor derived
from those contributions is not less than 0.5; and
(b) the claimant has either paid or been
credited with contributions in respect of the relevant quarter and the
quarterly contribution factor derived from those contributions is 1.00.
(2) In this paragraph the expression ‘relevant
quarter’ means the previous quarter but one before the quarter in which
entitlement to incapacity pension first arises.”.
(4) In paragraph 6 of the Second Schedule to
the principal Law -
(a) for the heading “Widow’s benefit, widowed father’s allowance and old age pension.”
there shall be substituted the heading “Survivor’s
benefit and old age pension.”;
(b) in sub-paragraph (1), for the words
“widow’s benefit, widowed father’s allowance” there shall be substituted the
words “survivor’s benefit”;
(c) in clause (b) of sub-paragraph (1), for the
figures “0.96” there shall be substituted the figures “1.00”;
(d) in clause (b) of sub-paragraph (1), for the
colon there shall be substituted a full stop;
(e) the proviso to sub-paragraph (1) shall be
deleted;
(f) for sub-paragraph (2) there shall be
substituted the following sub-paragraph -
“(2) In this paragraph -
(a) the expression ‘relevant person’ means -
(i) in the case of a survivor’s benefit, the
deceased spouse; and
(ii) in the case of an old age pension, the
person claiming the pension;
(b) the expression ‘relevant time’ (except in
the case to which clause (c) of this sub-paragraph refers) means the date of
the relevant person attaining pensionable age or dying under that age;
(c) the expression ‘relevant time’, in the case
of a reduced old age pension under paragraph (1A) of Article 25, means the date
at which the relevant person becomes entitled to the reduced pension.”.
ARTICLE 18
(1) Notwithstanding the amendment of the
principal Law by Articles 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16 and 17 of
this Law, if any person was entitled immediately before the commencement of
this Law to any description of benefit under the principal Law -
(a) his entitlement to that benefit shall from
the commencement of this Law be determined as if this Law had not been passed;
and
(b) he shall not be entitled, in respect of the
circumstances in which he became entitled to that benefit, to receive benefit
under the principal Law as amended by those Articles of this Law.
(2) Notwithstanding its repeal by Article 15 of
this Law, Article 45 of the principal Law shall continue to apply to every
woman who was married before its repeal.
(3) The following Laws shall be repealed -
(a) the Social Security (Amendment No. 6)
(Jersey) Law 1986;
(b) the Social Security (Amendment No. 9)
(Jersey) Law 1992.
ARTICLE 19
(1) This Law may be cited as the Social
Security (Amendment No. 14) (Jersey) Law 2000.
(2) This Law shall come into force on such day
as the States may by Act appoint and different days may be appointed for
different provisions or different purposes of this Law.
C.M.
NEWCOMBE
Deputy Greffier of the States.