Social Security
(Amendment of Law No. 5) (Jersey)
Regulations 2013
Made 19th March 2013
Coming into force 26th
March 2013
THE STATES, in pursuance of Articles 50 and 51 of the Social Security (Jersey)
Law 1974[1], have made the following
Regulations –
1 Interpretation
In these Regulations a reference to an Article,
Schedule or Part of a Schedule by number only is a reference to the Article,
Schedule or Part of a Schedule of that number in the Social Security (Jersey)
Law 1974[2].
2 Article 1
amended
In Article 1(1) for the definition “standard rate of
benefit” there shall be substituted the following definition –
“ ‘standard rate
of benefit’ –
(a) for the purposes of the old age pension, has
the meaning given in Part 1A of Schedule 1;
(b) for the purposes of any other benefit, has
the meaning given in Article 13(2).”.
3 Article 12
amended
In Article 12, after paragraph (e) there shall be inserted
the following paragraph –
“(ea) 2013 old age pension adjustment;”.
4 Article 13
amended
In Article 13 –
(a) for
paragraph (1)(a) there shall be substituted the following sub-paragraph –
“(a) the weekly rates of benefits
and the amounts of any single payment benefits (apart from long term incapacity
allowance and insolvency benefit) are the amounts set out in Schedule 1;”;
(b) in paragraph (2)
after the words “for the purposes of this Law” there shall be
inserted the words “(except for the purposes of the old age
pension)”.
5 Article 14
amended
In Article 14(1) for the words “(other than insolvency
benefit)” there shall be substituted the words “(other than
insolvency benefit or the 2013 old age pension adjustment)”.
6 Article 25A
inserted
After Article 25 there shall be inserted the following Article –
“25A 2013
old age pension adjustment
(1) A person shall be entitled to the 2013 old age
pension adjustment if –
(a) on the prescribed date, the person is eligible
for an old age pension or reduced old age pension; and
(b) in accordance with the Law and any Order
made under it, has applied for and, in the case of a reduced old age pension,
elected to take, such pension.
(2) The Minister shall by Order prescribe –
(a) a date for the purposes of paragraph (1)(a);
and
(b) an amount for the purposes of paragraph 3
of Part 2 of Schedule 1.”.
7 Schedule 1
amended
(1) In
Part 1 of Schedule 1, paragraphs 8, 8A and 9 shall be
deleted.
(2) After
Part 1 of Schedule 1 there shall be inserted the following Part –
“part 1A –
rates of old age pension
1 Interpretation of Part 1A
(1) For the purposes of this Part of this
Schedule –
‘standard rate’ shall
be construed in accordance with paragraph 2;
‘RPI (Pensioners)’
means the Jersey Retail Prices Index (Pensioners) produced by the States of Jersey
Statistics Unit.
(2) For the purposes of this Part of this
Schedule –
(a) a reference to the RPI (Pensioners) for a
year or to the Jersey Index of Earnings for a year is a reference to that index
after the percentage increase or decrease in the index for the year has been
applied; and
(b) the percentage increase or decrease in the
RPI (Pensioners) or the Jersey Index of Earnings for a year is the percentage increase
or decrease in that index during the 12 months commencing July of the
preceding year.
(1) The standard rate for the period beginning 7 days
after the date prescribed for the purposes of Article 25A(1)(a) and ending
with 30th September 2013 shall be £189.84.
(2) The standard rate shall be recalculated on
1st October 2013 and on each anniversary of that date, in accordance
with the following provisions of this paragraph.
(3) If, for a year, the RPI (Pensioners) increases
and the Jersey Index of Earnings either does not increase or increases by a
percentage that is less than the percentage increase in the RPI (Pensioners),
the standard rate shall be increased by the same percentage as the percentage increase
in the RPI (Pensioners) for the year.
(4) Subject to sub-paragraph (5) if, for a
year –
(a) the RPI (Pensioners) increases but the
increase is by a percentage that is less than the percentage increase in the Jersey
Index of Earnings;
(b) the RPI (Pensioners) stays the same but the
Jersey Index of Earnings increases; or
(c) the RPI (Pensioners) decreases and the
Jersey Index of Earnings for the year increases or remains the same,
the standard rate shall be adjusted
by the percentage change that is the arithmetic mean of the percentage change in
the RPI (Pensioners) for the year and the percentage change in the Jersey
Index of Earnings for the year.
(5) If, for a year, the application of the rule
in sub-paragraph (4) would result in the Pension Index for the year being
less than the Jersey Index of Earnings for the year, the standard rate shall
instead be increased by the percentage required to increase the Pension Index
for the year so as to equal the Jersey Index of Earnings for the year.
(6) For the purposes of sub-paragraph (5) –
(a) the Pension Index for 2012 is 275.1;
(b) the Pension Index for each subsequent year is
the amount that is the Pension Index for the preceding year increased by the
same percentage as the percentage increase (if any) in the standard rate on
1st October in that subsequent year.
(7) If, for a year, there is no increase in
either the RPI (Pensioners) or the Jersey Index of Earnings, the standard rate
shall remain unchanged.
3 Rates of old age pension
(1) The weekly rate for the old age pension is
the standard rate.
(2) The weekly rate for a reduced old age
pension taken in accordance with Article 25(1A) is the rate of old age
pension payable to the person, reduced by 0.58% for each month from the month
in which the person becomes entitled to receive the reduced old age pension
until the month in which the person attains pensionable age (both months
inclusive).
(3) The weekly rate payable for an old age
pension where the pension is payable to a woman by virtue of her
husband’s insurance, and the woman’s husband is alive, is 66% of
the rate of old age pension payable to her husband.”.
(3) For
the heading to Part 2 of Schedule 1 there shall be substituted the
heading “PART 2 – AMOUNTS OF SINGLE PAYMENT
BENEFITS”.
(4) In
Part 2 of Schedule 1, after paragraph 2 there shall be added the
following paragraph –
“3.
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2013
old age pension adjustment
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A lump sum that is the
relevant percentage of the prescribed amount – where the relevant
percentage is the percentage of the old age pension that, on the date
prescribed for the purposes of Article 25A(1)(a), the person is, in
accordance with this Law and any Order made under it, eligible to
receive.”.
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8 Citation
and commencement
These Regulations may be cited as the Social Security (Amendment of
Law No. 5) (Jersey) Regulations 2013 and shall come into force 7 days
after they are made.
m.n. de la haye
Greffier of the States