Social Security
(Claims and Payments) (Amendment No. 4) (Jersey)
Order 2004
Made 21st July 2004
Coming into force 1st
October 2004
THE EMPLOYMENT AND SOCIAL SECURITY COMMITTEE, in pursuance of
Articles 29, 36 and 51 of the Social Security (Jersey) Law 1974,[1] orders as follows –
1 Interpretation
In this Order, “principal
Order” means the Social Security (Claims and Payments) (Jersey)
Order 1974.[2]
2 Article
7 amended
(1) Article 7(2)
of the principal Order shall be revoked.
(2) For
Article 7(3) of the principal Order there shall be substituted the
following paragraph –
“(3) Every person who makes a
claim for an increase of benefit in respect of a dependant shall, in particular,
furnish the following information if required to do so, namely –
(a) the dependant’s identity, date of
birth, usual place of residence, occupation and relationship to the claimant;
(b) the dependant’s position in regard to
benefit under the Law, available sources of income and the amounts contributed
by any person towards his maintenance; and
(c) in the case of an increase in respect of a
wife or a husband, a certificate of the marriage,
together with a declaration
signed by the dependant confirming the information given.”.
3 Article
9 amended
(1) In
the heading to Article 9 of the principal Order, for the words
“DISABLEMENT BENEFIT” there shall be substituted the words
“LONG TERM INCAPACITY ALLOWANCE”.
(2) In
Article 9 of the principal Order –
(a) for
the words “disablement benefit” there shall be substituted the
words “long term incapacity allowance”;
(b) for
the words “injury benefit” there shall be substituted the words
“short term incapacity allowance”.
4 Article
10 amended
In Article 10(3) of the principal Order –
(a) for
the words “an adult dependant” there shall be substituted the words
“a dependant”;
(b) for
the words “that adult dependant” there shall be substituted the
words “that dependant”.
5 Article
11 amended
(1) In
Article 11 of the principal Order, for paragraphs (2) and (3) there
shall be substituted the following paragraphs –
“(2) Short term incapacity
allowance and maternity allowance shall be paid weekly in arrears.
(3) Long term incapacity allowance, incapacity
pensions, survivor’s benefit and old age pensions shall be paid in
advance, every four weeks, on a Thursday.”.
(2) In
Article 11(7) of the principal Order, for the words “or disablement
benefit” there shall be substituted the words “, long term
incapacity allowance or incapacity pension”.
(3) In
Article 11(8) of the principal Order, for the words “or disablement
benefit” there shall be substituted the words “, long term
incapacity allowance or incapacity pension”.
(4) After
Article 11(12) of the principal Order, there shall be added the following
paragraph –
“(13) Without prejudice to the generality of
paragraph (12) of this Article, the Committee may arrange for the payment
of benefit to the beneficiary to be made by electronic transfer.”.
6 Article
12 replaced
For Article 12 of the principal Order there shall be substituted
the following Article –
“12 Time
and manner of payment of lump sum benefit
(1) Subject to the provisions of this Article,
where there is an award by the determining authority of long term incapacity
allowance in respect of a person whose degree of incapacitation is assessed at
not less than five per cent and not more than fifteen per cent, the amount of
benefit awarded shall be payable in one sum.
(2) The lump sum shall be paid by such means as
may appear to the Committee to be appropriate in the circumstances of any
particular case.
(3) The lump sum shall not be payable until
after the expiration of the time limited for an appeal from the award of the
lump sum or from a decision on which the award was based, and where any such
appeal is brought, until after the decision on that appeal.
(4) However, payment of benefit shall not be
suspended under the provisions of paragraph (3) if in any case or class of
cases the Committee so direct.
(5) For the purposes of paragraph (3) of
this Article, the expression ‘appeal’ shall be construed as
including a reference of the decision of a medical board to a medical appeal
tribunal.”.
7 Article
14 amended
(1) In
Article 14(1) of the principal Order, for the words “six
months” there shall be substituted the words “two years”.
(2) In
Article 14(2) of the principal Order, for the words “six
months” in each place where they occur there shall be substituted the
words “two years”.
8 Article
15 amended
In Article 15(2) of the principal Order, for the words
“an adult dependant” there shall be substituted the words “a
dependant”.
9 Article
17 amended
In Article 17(3) of the principal Order, for the words
“six months” there shall be substituted the words “two
years”.
10 Article
19 amended
In Article 19 of the principal Order, after the words
“any accident” there shall be inserted the words “or
illness”.
11 First
Schedule amended
In the First Schedule to the principal Order –
(a) in
the first column, the item “Injury benefit.” and in the second
column the corresponding item “Incapacity benefit.” shall be
deleted;
(b) in
the first column the item “An increase of injury benefit.” and in
the second column the corresponding item “An increase of incapacity
benefit.” shall be deleted;
(c) in
the first column the item “Incapacity benefit.” and in the second
column the corresponding item “Injury benefit.” shall be deleted;
(d) in
the first column the item “An increase of incapacity benefit.” and
in the second column the corresponding item “An increase of injury
benefit.” shall be deleted.
12 Second
Schedule amended
(1) In
Part I of the Second Schedule to the principal Order –
(a) in
item 1, for the entry in the first column there shall be substituted the
following entry –
“Short term incapacity
allowance (not being an increase of benefit in respect of a dependant).”;
(b) in
item 2, in the first column, for the words “an adult
dependant” in each place where they occur in sub-paragraphs (c), (d) and (e) respectively, there shall be substituted the
words “a dependant”;
(c) item
4 shall be deleted;
(d) in
item 5, for the entry in the first column there shall be substituted the
following entry –
“Long term incapacity
allowance (not being an increase in respect of a dependant).”;
(e) after
item 5 there shall be inserted in the first, second and third columns
respectively the following item –
|
“5A. Incapacity
pension or increase of incapacity pension in respect of a dependant.
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The period of three months from the date on which, apart from
satisfying the condition of making a claim, the claimant becomes entitled
thereto.
|
Benefit in respect of any period more than three months before the
date on which the claim is made.”;
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(f) in
item 7, for the entry in the first column there shall be substituted the
following entry –
“Increase, in respect
of a dependant, of short term incapacity allowance or long term incapacity
allowance.”;
(g) in
item 7, in the entry in the second column, for the words “incapacity
benefit or accident benefit” there shall be substituted the words
“the benefit”.
(2) In
Part II of the Second Schedule to the principal Order –
(a) in
the heading, the words “Accident Benefit,” and “AND ACCIDENT
BENEFIT” shall be deleted;
(b) in
paragraph 1, the words “or accident benefit” shall be deleted;
(c) in
paragraph 2, the words “or injury benefit” in each place where
they appear shall be deleted;
(d) in
paragraph 3, for the words “an adult dependant” there shall be
substituted the words “a dependant”;
(e) in
paragraph 3(b), for the words “the adult dependant” there
shall be substituted the words “the dependant”.
13 Citation
and commencement
This Order may be cited as the Social Security (Claims and Payments)
(Amendment No. 4) (Jersey) Order 2004 and shall come into force on 1st
October 2004.
M.N. DE LA HAYE
Greffier of the States.