Social Security
(Contributions) (Amendment No. 8) (Jersey)
Order 2004
Made 21st July 2004
Coming into force 1st
October 2004
THE EMPLOYMENT AND SOCIAL SECURITY COMMITTEE, in pursuance of Articles 10,
11, 46, 47 and 51 of the Social Security (Jersey) Law 1974,[1] orders as follows –
1 Interpretation
In this Order, “principal Order” means the Social
Security (Contributions) (Jersey) Order 1975.[2]
2 Article 2
amended
In Article 2(1) of the principal Order, for sub-paragraphs (f)
and (g) there shall be substituted the following sub-paragraphs –
“(f) any period in respect of
which the person concerned –
(i) is
disqualified for receiving incapacity benefit or maternity allowance by any
Order made under Article 18 or Article 22 respectively of the Law,[3] or
(ii) is
unable to satisfy any additional conditions with respect to the receipt of
incapacity benefit imposed in his case by any Order made under Article 18
of the Law,[4]
shall not be a period of
unemployment;
(g) any period in respect of which the person
concerned is disqualified for receiving incapacity benefit or maternity
allowance by any Order made under sub-paragraph (c) of paragraph (1)
of Article 29 of the Law[5] shall not be a period of
unemployment.”.
3 Article 3
amended
In Article 3(2) of the principal Order, in the proviso, the
words “, except when he is claiming accident benefit,” shall be
deleted.
4 Article 4
amended
In Article 4(2) of the principal Order –
(a) in
sub-paragraph (a), for the words “Article 16” there shall
be substituted the words “Article 18”;
(b) for
sub-paragraph (b) there shall be substituted the following sub-paragraph –
“(b) any period in respect of
which the person concerned is disqualified for receiving incapacity benefit by
reason of the provisions of any Order made under Article 18 of the Law[6] shall not be a period of
incapacity for work;”;
(c) in
sub-paragraph (c), the words “or accident benefit” shall be
deleted.
5 New
Articles 5A and 5B substituted
For Article 5A of the principal Order there shall be
substituted the following Articles –
“5A Persons
in receipt of long term incapacity allowance
(1) An insured person who is in receipt of long
term incapacity allowance shall, if the percentage of his degree of incapacitation
is specified in Column 1 of the Schedule to this Order, be excepted from
liability to pay a contribution under the Law for the period of months
specified in respect of that percentage in Column 2 of that Schedule.
(2) An insured person who has been excepted from
liability to pay a contribution for any period by virtue of paragraph (1)
of this Article shall be credited, for that period, with contributions of the
appropriate class in accordance with and subject to the provisions of Article 14
of this Order.
(3) If an insured person is in receipt of long
term incapacity allowance in respect of incapacitation arising independently
from each of two or more relevant diseases or injuries, his exception under
this Article from liability to pay a contribution and the contributions with
which he is entitled under this Article to be credited shall be calculated on
the aggregate of the percentages of his degrees of incapacitation.
(4) However, to the extent that the aggregate of
those percentages exceeds 100 per cent, it shall be disregarded.
5B Persons
in receipt of incapacity pensions
(1) An insured person who is in receipt of an
incapacity pension shall be excepted from liability to pay a contribution under
the Law for the period from the date on which he becomes entitled to that
pension until the end of the month before the one in which he attains
pensionable age.
(2) An insured person who has been excepted from
liability to pay a contribution for any period by virtue of paragraph (1)
of this Article shall be credited, for that period, with contributions of the
appropriate class in accordance with and subject to the provisions of Article 14
of this Order.”.
6 Article 7
amended
In Article 7(1) of the principal Order, the words “or
accident benefit” shall be deleted.
7 Article 12
amended
For Article 12(e)(v) of the principal Order there shall be substituted
the following sub-paragraph –
“(v) any payment by way of long
term incapacity allowance under Article 16 of the Law;[7]”.
8 Article 13
amended
(1) In Article 13(1)
of the principal Order, after the words “An insured person” there
shall be inserted the words “who is not entitled to incapacity
benefit”.
(2) After
Article 13(9) of the principal Order there shall be added the following
paragraph –
“(10) Any contribution credited to a person by
virtue of this Article shall be taken into account only for the purposes of
survivor’s benefit, incapacity pension, old age pension and death
grant.”.
9 New
Article 21 substituted
For Article 21 of the principal Order there shall be
substituted the following Article –
“21 Treatment
for purposes of survivor’s benefit and pensions of contributions paid
late
(1) For the purpose of any right to
survivor’s benefit or to an incapacity pension or old age pension, a
contribution under the Law paid after the due date shall be treated as paid on
the due date if it is paid –
(a) not later than 12 months after the relevant
time; and
(b) at the rate applicable at the time of
payment,
and any other contribution
paid after the due date shall be treated as not paid.
(2) In this Article, the expression
‘relevant time’ –
(a) when used in reference to survivor’s
benefit or an old age pension, has the same meaning as in paragraph 6(2)(b)
of the Second Schedule to the Law;[8] and
(b) when used in reference to an incapacity
pension, means the end of the relevant quarter as defined in paragraph 3(2)
of that Schedule.[9]”.
10 Article 21A
amended
In Article 21A of the principal Order, for the words
“sub-paragraphs 1(1)(b) (sickness benefit), 2(1)(b) (invalidity benefit),
3(1)(b)(ii) (accident benefit),” there shall be substituted the words
“any of sub-paragraphs 1(1)(b) (short term incapacity allowance), 2(1)(b)
(long term incapacity allowance)”.
11 Article 22
amended
In Article 22(2) of the principal Order, for the words “survivor’s
benefit to an old age pension” there shall be substituted the words
“to survivor’s benefit or to an incapacity pension or old age
pension”.
12 Schedule
added
The principal Order shall be amended by adding the Schedule set out
in the Schedule to this Order.
13 Revocation
The Social Security
(Contributions) (Amendment No. 3) (Jersey) Order 1993[10] shall be revoked.
14 Citation
and commencement
This Order may be cited as
the Social Security (Contributions) (Amendment No. 8) (Jersey) Order 2004
and shall come into force on 1st October 2004.
M.N. DE LA HAYE
Greffier of the States.
[1] Recueil des Lois, Volume 1973-1974, pages
326, 354, 355 and 356 and Volume 2000, page 875.
[2] Nos. 6108, 6804, 7584,
8546, 8605, 9169, 63/2001 and 150/2001.
[3] Recueil des Lois, Volume 1973-1974, pages
331 and 334 and Volume 2000, page 877.
[4] Recueil des Lois, Volume 1973-1974, page
331 and Volume 2000, page 877.
[5] Recueil des Lois, Volume 1973-1974, page
340 and Volume 2000, page 886.
[6] Recueil des Lois, Volume 1973-1974, page
331 and Volume 2000, page 877.
[7] Recueil des Lois, Volume 1973-1974, page
330 and Volume 2000, page 877.
[8] Recueil des Lois, Volume 1973-1974, page
364 and Volume 2000, page 895.
[9] Recueil des Lois, Volume 1973-1974, page 363,
Volume 2000, page 894 and Volume 2002, page 643.