Social Security (Insolvency
Benefit) (Jersey) Order 2012
Made 5th November 2012
Coming into force 1st
December 2012
THE MINISTER FOR SOCIAL SECURITY, in pursuance of Articles 3, 13, 26C,
26F, 28, 29, 46 and 51 of the Social Security (Jersey) Law 1974[1], orders as follows –
1 Article 26C
of the Law: period of notice of termination
(1) For
the purposes of Article 26C(4) of the Law, the component specified in paragraph (2)(a)
of that Article shall not be counted towards the sum referred to in Article 26B
of the Law in respect of a person to the extent of any portion of the relevant
period of notice of termination that corresponds to the number of days during
which the person is absent from Jersey, except if –
(a) the
absence was reasonably necessary for the specific purpose of the person’s
actively seeking remunerative work as referred to in Article 26E; or
(b) the
absence was necessary for the purposes of treating (otherwise than by way of
rehabilitation) any incapacity of the person which commenced before that
absence began.
(2) For
the purposes of Article 26C(4) of the Law, the component specified in paragraph (2)(a)
of that Article shall not be counted towards the sum referred to in Article 26B
of the Law in respect of a person to the extent of any portion of the relevant
period of notice of termination that corresponds to the number of days during
which the person is undergoing imprisonment, or detention in custody, whether
in Jersey or elsewhere.
2 Article 26F
of the Law: certain amounts to be deducted from notice component
(1) For
the purposes of Article 26F(1)(f) of the Law, an amount to be deducted from
the component referred to in Article 26C(2)(a) of the Law and relating to
a person is the amount of any incapacity pension to the extent that it is payable
to the person in respect of any period of notice to which the person is or has
been entitled in respect of the termination of the person’s employment.
(2) For
the purposes of Article 26F(1)(f) of the Law, an amount to be deducted
from the component referred to in Article 26C(2)(a) of the Law and
relating to a person is the following amount to the extent that it is taken
into account under the Social Security (Contributions) (Jersey) Order 1975[2] in respect of any period of
notice to which the person is or has been entitled in respect of the
termination of the person’s employment –
(a) except
in the case where an amount referred to in paragraph (b) applies, the
amount of any income from self-employment of the person (where “income
from self-employment” has the same meaning as in the Social Security
(Contributions) (Jersey) Order 1975); or
(b) in
a case where the person has been granted a concession under Article 13D(6)
of that Order –
(i) in the case where
the Minister accepts an estimate under Article 13D(5) of that Order, the
amount that is such proportion of 33⅓% of the annual equivalent of the
earnings so estimated as corresponds to the period of notice divided by 1 year,
(ii) in the case where
Article 13D(5) and (7) of that Order do not apply, the amount that is such
proportion of 33⅓% of the annual equivalent of the standard monthly
earnings limit as corresponds to the period of notice divided by 1 year,
or
(iii) in the case where Article 13D(7)
applies, the amount that is such proportion of 33⅓% of the annual equivalent
of the lower monthly earnings limit as corresponds to the period of notice
divided by 1 year.
(3) However,
if, before the relevant insolvency benefit is paid to the person, the person
provides evidence to the Minister’s satisfaction that the actual amount
of the person’s income from self-employment, during any period of notice
to which the person is or has been entitled in respect of the termination of
the person’s employment, is less than the amount that would apply in
respect of the person under paragraph (2), the Minister may accept that
amount for the purposes of that paragraph instead of the amount that would
otherwise apply under that paragraph.
3 Social
Security (Claims and Payments) (Jersey) Order 1974 amended
(1) After
Article 11(1) of the Social Security (Claims and Payments) (Jersey) Order 1974[3] the following paragraph shall
be inserted –
“(1A) Insolvency benefit may be paid to a person who
is entitled to it once, in several payments or periodically, according to the
information that is available to the determining authority, or according to any
other factor that appears to the Minister to be appropriate in the
circumstances of the particular case.”.
(2) In Article 13(4)(c)
of the Social Security (Claims and Payments) (Jersey) Order 1974 after the
words “survivor’s benefit” there shall be inserted the words
“and not being insolvency benefit”.
(3) In Schedule 2
to the Social Security (Claims and Payments) (Jersey) Order 1974 –
(a) for
the words “(Articles 1(4) and 13)” immediately after the
heading there shall be substituted the words “(Articles 1(3) and
13)”;
(b) at
the end of the table in Part 1 there shall be inserted the following words –
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“10
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Insolvency benefit
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30 days (or such longer period not exceeding 6 months as
the Minister may determine in the circumstances of any particular case) after
the cessation of the employee’s service in employment by the relevant
employer (as referred to in Article 26C of the Law)
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The benefit claimed”
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4 Social
Security (Residence and Persons Abroad) (Jersey) Order 1974 amended
After Article 6(2) of the Social Security (Residence and
Persons Abroad) (Jersey) Order 1974[4] the following paragraph
shall be inserted –
“(2A) Article 5 shall not operate to disqualify
a person for receiving insolvency benefit and paragraph (2) shall not
apply in respect of the payment of insolvency benefit.”.
5 Social
Security (Overlapping Benefits) (Jersey) Order 1975 amended
(1) In Article 1(1)(b)
of the Social Security (Overlapping Benefits) (Jersey) Order 1975[5] for the words “Article 2(2)”
the words “Articles 1A and 2(2)” shall be substituted.
(2) After
Article 1 of the Social Security (Overlapping Benefits) (Jersey) Order 1975
the following Article shall be inserted –
Despite Article 1(1)(b),
insolvency benefit payable to a person is only to be adjusted in accordance
with Article 1(3) to the extent of the values of such of the components of
that benefit as are referred to in Article 26C(1), (2)(c) and (2)(d) of
the Law and as relate to any day in respect of which short term incapacity
allowance or maternity allowance, or both of them, is payable to the person.”.
(3) At
the end of the Schedule to the Social Security (Overlapping Benefits) (Jersey)
Order 1975 the following matter shall be added –
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“(3) Insolvency
benefit (to the extent of the components referred to in Article 26C(1)
and (2)(a), (c) and (d) of the Law)
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Long term incapacity allowance, survivor’s allowance,
survivor’s pension, old age pension, maternity grant, death grant or
adoptive parent grant
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(4) Insolvency
benefit (to the extent of the component referred to in Article 26C(2)(b)
of the Law)
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Any benefit under the Law (other than insolvency benefit itself)”.
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6 Social
Security (General Benefit) (Jersey) Order 1975 amended
In the Social Security (General Benefit) (Jersey) Order 1975[6] –
(a) in Article 10(1)
for the words “paragraphs (2) and (3)” the words “paragraphs (2),
(2A) and (3)” shall be substituted;
(b) after
Article 10(2) the following paragraph shall be inserted –
“(2A) Subject to Article 1 of the Social
Security (Insolvency Benefit) (Jersey) Order 2012[7], the said provisions shall not
operate to disqualify a person for receiving insolvency benefit.”;
(c) in Article 12(7)
for the words “or death grant” in both places where they appear
there shall be substituted the words “, death grant or insolvency
benefit”.
7 Citation
and commencement
This Order may be cited as the Social Security (Insolvency Benefit)
(Jersey) Order 2012 and shall come into force on 1st December 2012.
senator f. du h. le gresley
Minister for Social Security