Income Support
(Transitional Provisions) (Amendment) (Jersey) Order 2008
Made 9th March 2008
Coming into force 17th
March 2008
THE MINISTER FOR SOCIAL SECURITY, in pursuance of Articles 18 and 19 of the
Income Support (Jersey) Law 2007[1], orders as follows –
1 Interpretation
(1) In
this Order, “the principal Order” means the Income Support
(Transitional Provisions) (Jersey) Order 2008[2].
(2) In
this Order, other expressions that are used have the same meanings as they have
in the principal Order.
2 Article
1 amended
(1) In
Article 1 of the principal Order, after the definition “Law”,
there shall be inserted the following definition –
“ ‘protected
HIE payment’ means a payment to which Article 3(1A) refers;”.
(2) In
Article 1 of the principal Order, for the definition “protected
payment” there shall be substituted the following definition –
“ ‘protected
payment’ means a payment to which Article 3(1) refers and, if a
household is eligible for a protected HIE payment, it also means such a
payment;”.
3 Article
3 amended
(1) In
Article 3(1) of the principal Order, for the words “for a payment
under this Article (known as a ‘protected payment’)” there
shall be substituted the following words –
“by reason of this
paragraph for a payment under this Article known as a ‘protected
payment’.”.
(2) After
Article 3(1) of the principal Order there shall be inserted the following
paragraph –
“(1A) A household is eligible by reason of this
paragraph for a payment under this Article known as a ‘protected HIE
payment’ if –
(a) a member of that household, immediately
before the appointed day, was eligible for and had claimed an HIE;
(b) a member of the household has made a claim
for income support; and
(c) the household is entitled to such payment
under Article 4.”.
(3) After
Article 3(4) of the principal Order there shall be added the following
paragraph –
“(5) However, a claim for income
support in respect of a household that is entitled to a protected HIE payment
may be made at any time before 1st May 2008 or, if the determining officer
considers that there is sufficient reason for the claim to be made after that
date, before such later date as he or she shall determine.”.
4 Article
4 amended
After Article 4(2) of the principal Order there shall be
inserted the following paragraph –
“(2A) However, if the household is entitled to a
protected HIE payment, the TUS is calculated by means of the
formula –
RH is the sum of £1.96
multiplied by the number of individuals in the household who were, immediately
before the appointed day, eligible for and had claimed HIE; and
RB and ADIS are the amounts
to which paragraph (2) refers.”.
5 Article
5 amended
After Article 5(1) of the principal Order there shall be
inserted the following paragraph –
“(1A) However, if the household is entitled to a
protected HIE payment, the top-up sum shall be recalculated by means of the
formula –
RRH is the sum of £1.96
multiplied by the number of individuals in the household who, immediately
before the appointed day, would have been eligible for HIE had the
circumstances giving rise to the recalculation existed on the appointed day;
and
RRB and RADIS are the amounts
to which paragraph (1) refers.”.
6 First
protected HIE payment
(1) This
Article applies notwithstanding Articles 4(2A) and 5(1A) of the principal Order
(as inserted by Articles 4 and 5 respectively of this Order).
(2) In
calculating TUS in respect of the first period for which it is payable after
this Order comes into force (but only in respect of that first
period) –
(a) if
TUS is calculated in accordance with Article 4(2A), RH shall be multiplied
by 8; and
(b) if
TUS is recalculated in accordance with Article 5(1A), RRH shall be
multiplied by 8.
7 Citation
and commencement
(1) This
Order may be cited as the Income Support (Transitional Provisions) (Amendment)
(Jersey) Order 2008.
(2) This
Order shall come into force on 17th March 2008.
senator p.f. routier
Minister for Social Security