Income Support
(Consequential Amendments) (Jersey) Regulations 2007
Made 10th October 2007
Coming into force in
accordance with Regulation 7
THE STATES, in pursuance of Article 21(2) of the Income Support (Jersey) Law 2007[1], have made the following
Regulations –
1 Amendments to Income Tax (Jersey) Law 1961
In the Income Tax (Jersey) Law 1961[2] –
(a) in
Article 115 –
(i) for
paragraph (j) there shall be substituted the following
paragraph –
“(j) income support or any
special payment payable under the Income Support (Jersey) Law 2007;”;
(ii) paragraphs
(k), (m), (p) and (q) shall be deleted;
(iii) for
the semi-colon at the end of paragraph (o) there shall be substituted a
full stop;
(b) in
the heading to Article 130 the words “and family” shall be deleted;
(c) in
Article 130A –
(i) for
the word “allowances” (including in the heading) there shall be
substituted the word “allowance”;
(ii) for
the words “and Disability Allowances” there shall be substituted
the word “Allowance”.
2 Amendment
to Health Insurance (Jersey) Law 1967
In the Health Insurance (Jersey) Law 1967[3] (as it is amended by
paragraph 1 of Schedule 1 to the Income Support (Jersey) Law
2007) –
(a) in
Article 1(1) for the definition “Social Security Tribunal”
there shall be substituted the following definition –
“ ‘Social
Security Tribunal’ means the Tribunal constituted by Order under
Article 33A of the Social Security (Jersey) Law 1974[4];”;
(b) in
Article 3 the words “and, in the case of a person over compulsory
insurance age, makes application in the prescribed manner” shall be
deleted;
(c) in
Article 28 –
(i) in
paragraph (2)(c) the words “a determination of a determining officer
or” shall be deleted;
(ii) in
paragraph (3) for the words “a Tribunal mentioned in
paragraph (2)” there shall be substituted the words “the
Social Security Tribunal”.
3 Amendments
to Social Security (Jersey) Law 1974
In the Social Security (Jersey) Law 1974[5] (as it is amended by
paragraph 2 of Schedule 1 to the Income Support (Jersey) Law
2007) –
(a) in
Article 1(1) in the definition “Social Security Tribunal” for
the words “constituted under Schedule 4” there shall be
substituted the words “constituted by Order under
Article 33A”;
(b) in
Article 33 –
(i) in
paragraph (3)(c) the words “a determination of a determining officer
or” shall be deleted;
(ii) in
paragraph (4) for the words “a Tribunal mentioned in
paragraph (3)” there shall be substituted the words “the
Social Security Tribunal”;
(c) after
Article 33 there shall be inserted the following Article –
“33A Social
Security Tribunal
(1) The Minister shall by Order prescribe the
constitution of the Social Security Tribunal.
(2) The Minister may pay to any member of the
Social Security Tribunal who exercises any functions under this Law, such
remuneration and expenses as the Minister may determine.”;
(d) Schedule
4 shall be repealed.
4 Amendments
to Invalid Care Allowance (Jersey) Law 1978
In the Invalid Care Allowance (Jersey) Law 1978[6] (as it is amended by
paragraph 3 of Schedule 1 to the Income Support (Jersey) Law
2007) –
(a) In
Article 1(1) for the definition “Social Security Tribunal”
there shall be substituted the following definition –
“ ‘Social
Security Tribunal’ means the Tribunal constituted by Order under
Article 33A of the Social Security (Jersey) Law 1974[7];”;
(b) for
Article 2(2) there shall be substituted the following
paragraph –
“(2) In this Article
“severely disabled person” means a person who meets the criteria
for the rate payable in respect of the personal care element of the impairment
component under paragraph 6(3)(c) or (d) of Schedule 1 to the Income
Support (Jersey) Regulations 2007[8]”;
(c) for
Article 8 there shall be substituted the following Article –
“8 Determination
of claims
(1) Subject to this Law, provision shall be made
by Order –
(a) for the determination of any claim under
this Law by one or more officers appointed by the Minister (to be known as
‘determining officers’); and
(b) if the person who made the claim is
dissatisfied with a first determination, for the matter to be redetermined by a
second determining officer.
(2) Orders under paragraph (1) shall provide
for –
(a) appeals to be made to the Social Security
Tribunal;
(b) the reference to the Royal Court for
decision of any question of law arising in connection with the determination of
a question by a determining officer or an appeal by the Social Security
Tribunal; and
(c) appeals from the Social Security Tribunal on
questions of law to be made to the Royal Court.
(3) However, the Social Security Tribunal shall
not have jurisdiction unless a second determining officer has first
reconsidered the matter in accordance with an Order made under paragraph (1)(b).”;
(d) in
Article 12(1) the words “any member of the Medical Appeal
Tribunal,” shall be deleted and for the words “either of the said
Tribunals” there shall be substituted the words “the
Tribunal”.
5 Amendments
to the Christmas Bonus (Jersey) Law 1991
In the Christmas Bonus (Jersey) Law 1991[9] –
(a) in
Article 1 –
(i) the
existing text shall be renumbered as paragraph (1);
(ii) after
paragraph (1) there shall be added the following paragraph –
“(2) For the purposes of this Law,
a person who is part of a household –
(a) in receipt of income support under the
Income Support (Jersey) Law 2007[10]; and
(b) entitled to a component of income support in
respect of that person,
is treated as entitled to
that component.”;
(b) in
the Schedule –
(i) for
the words “a widow’s allowance, a widowed mother’s allowance,
a widowed father’s allowance, a widow’s pension, 100% disablement
benefit” there shall be substituted the words “a survivor’s
allowance, a survivor’s pension, 100% long term incapacity
allowance”;
(ii) the
entries relating to a non-contributory old age pension and a pension under the
Accident Insurance Laws shall be deleted;
(iii) for
the entry relating to attendance allowance there shall be substituted the
following entry –
“the personal care
element of the impairment component at the rate set out in
paragraph 6(3)(b), (c) or (d) of Schedule 1 to the Income Support
(Jersey) Regulations 2007[11].”;
(iv) for
the words “Invalid Care and Disability Allowances” there shall be
substituted the words “Invalid Care Allowance”.
6 Amendments
to the Health Insurance (Medical Benefit) (Jersey) Regulations 2005
In the Health Insurance (Medical Benefit) (Jersey) Regulations 2005[12] –
(a) in
Regulation 1 the definitions “1974 Law” and “public
holiday” shall be deleted;
(b) Regulation
3 and the Schedules shall be repealed.
7 Citation
and commencement
These Regulations may be cited as the Income Support (Consequential
Amendments) (Jersey) Regulations 2007 and shall come into force on the same day
as Part 2 of the Income Support (Jersey) Law 2007.
m.n. de la haye
Greffier of the States