Income Support (Miscellaneous
Provisions) (Jersey) Regulations 2013
Made 8th October 2013
Coming into force 15th
October 2013
THE STATES, in pursuance of Articles 3(3), 5(4) and (5), 8 and 18 of the
Income Support (Jersey) Law 2007[1], have made the following
Regulations –
part 1
interpretation
1 Interpretation
In these Regulations –
“2007 Regulations”
means the Income Support (Jersey) Regulations 2007[2];
“Special Payment Regulations”
means the Income Support (Special Payments) (Jersey) Regulations 2007[3].
part 2
eligibility for income support –
work requirements
2 2007
Regulations amended
(1) In Regulation 1(1)
of the 2007 Regulations –
(a) after
the definition “bedsit” there shall be inserted the following
definition –
“ ‘breach
period’ means the period for which a person is treated as being in breach
following a breach, in accordance with Regulation 5B;”;
(b) after
the definition “foster child” there shall be inserted the following
definition –
“ ‘full
time’, in relation to work, shall be construed in accordance with Regulation 2;”;
(c) after
the definition “owner” there shall be inserted the following
definitions –
“ ‘person
required to seek full time work’ means an adult member of a household who –
(a) is not engaged in full time remunerative
work; and
(b) is not exempt from the requirement in Article 2(1)(c)
of the Law to be in such work by virtue of any sub-paragraphs (a) to (f)
and (h) of Article 3(1) of the Law;
‘person required to
seek part time work’ means an adult member of a household who –
(a) is not exempt from the requirement in Article 2(1)(c)
of the Law to be in full time remunerative work by virtue of any of sub-paragraphs (a),
(b) and (h) of Article 3(1) of the Law;
(b) is a person to whom any of sub-paragraphs (c)
to (f) of Article 3(1) of the Law applies and in whose case a number of
hours has been determined in accordance with Article 3(2)(b) of the Law;
and
(c) is not engaged in remunerative work for the
number of hours so determined;
‘person required to
seek work’ means a person required to seek full time work or part time
work;
‘remunerative’, in
relation to work, shall be construed in accordance with Regulation 3;”;
(d) after
the definition “suitable work” there shall be inserted the
following definition –
“ ‘warning’
means a warning that is in force under Regulation 5A.”.
(2) In Regulations 2(1)
and 3(1) of the 2007 Regulations, after the words “Article (2)(1)(c)
of the Law” there shall be inserted the words “and these
Regulations”.
(3) For
Regulations 4 and 5 of the 2007 Regulations there shall be substituted the
following Regulations –
“4 Person
treated as available for and actively seeking work
(1) For the purposes of Article 3 of the
Law, a person is to be treated as available for, and actively seeking,
remunerative work if he or she –
(i) in
Jersey, or
(ii) temporarily
absent from Jersey and has a reasonable excuse for the absence;
(b) is willing and able to take up, as soon as
reasonably practicable, any remunerative work that is suitable work;
(c) is taking all reasonable steps to obtain
remunerative work that is suitable work;
(d) does not unreasonably turn down any offer of
remunerative work that is suitable work; and
(e) attends every interview arranged by the
Minister, unless the person has a reasonable excuse for not attending.
(2) For the purposes of paragraph (1)(c),
the steps include –
(a) attending any training that may assist the
person in obtaining remunerative work that is suitable work, unless the person
has a reasonable excuse for not so doing and, when attending the training, participating
in it to the best of the person’s ability; and
(b) attending any work experience placement that
may assist the person in obtaining remunerative work that is suitable work,
unless the person has a reasonable excuse for not so doing and, when attending
the work experience placement, undertaking it to the best of the person’s
ability.
(3) For the purposes of Article 3(1)(g) of
the Law, the remunerative work referred to in paragraph (1) must be full
time.
(4) For the purposes of Article 3(2)(b) of
the Law, the remunerative work referred to in paragraph (1) must be for
such number of hours as a determining officer considers appropriate in the person’s
particular circumstances.
5 Consequence
of ceasing remunerative work without good cause
(1) This Regulation applies
to a person who ceases remunerative work without good cause.
(2) During the sanction period, the household of
which he or she is a member is not entitled to a basic component under Article 5(2)(a)
or (b) of the Law in respect of the person.
(3) Subject to Regulation 5C, the sanction
period is 91 days.
(4) The sanction period commences –
(a) in a case where the household was, at the
time the person ceased work without good cause, in receipt of income
support – on the day the person ceased work;
(b) subject to paragraph (5), in any other
case – on the first day that income support is paid to the household
after the person ceased work without good cause or would have been paid had a
basic component been payable to the household in respect of the person.
(a) the household was not, at the time the
person ceased work without good cause, in receipt of income support; and
(b) the person proves, to the satisfaction of
the officer determining his or her claim for income support, that he or she
has, before the day described in paragraph (4)(b), complied with the
requirements of Regulation 4,
the sanction period commences
with the day the person commenced such compliance.
(6) For the purposes of paragraph (4)(a),
the day a person ceases work is the day following the last day on which that
person is in that work.
(1) A person required to seek work may be warned
if –
(a) he or she does not comply with the
requirements of Regulation 4; and
(b) there is not a warning currently in force in
respect of him or her.
(2) Subject to paragraph (3) and Regulation 5C,
a warning remains in force for the period of 365 days beginning with the
day the person is given notice of it.
(3) If, whilst a warning is in force in respect
of a person, he or she commits a first, second, third or subsequent breach of
the warning, the warning shall remain in force until the expiry of the period
of 365 days following the date he or she was given notice of the breach or,
if he or she has committed more than one breach, the date he or she was given
notice of the most recent breach.
(1) A person in relation to
whom a warning is in force is in breach of the warning if he or she –
(a) is a person required to
seek work; and
(b) does not comply with
the requirements of Regulation 4.
(2) A person who is in
breach of a warning for a first time shall be treated as being in breach for 14 days.
(3) A person who is in
breach of a warning for a second time shall be treated as being in breach for 28 days.
(4) A person who is in
breach of a warning for a third or subsequent time shall be treated as being in
breach for 42 days.
(5) A period of time in paragraph (2),
(3) or (4) –
(a) begins with the day the
person is given notice of the breach; and
(b) is subject to Regulation 5C.
(6) A person cannot be
given notice of a breach less than 7 days after he or she has been given
notice of a warning or of a previous breach whilst the warning is in force.
(7) Paragraph (6) does
not prevent any act or omission of the person during the 7 days referred
to in that paragraph being taken into account in determining whether the person
has complied with the requirements of Regulation 4.
5C Extension or
termination of periods under Regulations 5, 5A and 5B
(1) A sanction period
applicable in a person’s case under Regulation 5 shall be extended by
7 days if the person is warned.
(2) A sanction period
applicable in a person’s case under Regulation 5 shall be extended
by the number of days for which the person is in breach of a warning, as
described in Regulation 5B.
(3) Any period applicable
in a person’s case under Regulation 5, 5A or 5B shall be
extended, subject to paragraph (4)(b), by the number of days for which the
person is remanded in custody or detained as described in Article 3(1)(h)
of the Law.
(4) Any period applicable
in a person’s case under Regulation 5, 5A or 5B shall be
terminated upon –
(a) the person being exempt
from the requirement to be in full time remunerative work by virtue of Article 3(1)(a)
of the Law; or
(b) the person having been
remanded in custody or detained as described in Article 3(1)(h) of the Law
for a continuous period of 365 days.
5D Consequence of first or
second breach
(1) This Regulation applies
where a person is in breach of a warning for a first or second time.
(2) During the breach
period, the household of which the person in breach is a member is not entitled
to a basic component under Article 5(2)(a) or (b) of the Law in
respect of the person in breach.
5E Consequence of third or subsequent breach
(1) This Regulation applies
where a person is in breach of a warning for a third or subsequent time.
(2) During the breach
period, the person in breach shall not be eligible for any payment under Article 8(1)
of the Law.
(3) Any claim for income
support by the original household of the person in breach shall be taken to be
withdrawn upon the commencement of the breach period.
(4) During the breach
period, whilst the person in breach is a member of his or her original
household –
(a) no income support shall
be paid to the household;
(b) no member of the
household shall be eligible for any payment under Article 8(1) of the Law;
and
(c) the household cannot
make a fresh claim for income support.
(5) The fact that, under
paragraph (4), no income support is paid to the original household does
not affect –
(a) whether any member of
the household is a person required to seek work and the consequences of the
person not complying with the requirements of Regulation 4; or
(b) any determination that
a member of the household has ceased remunerative work without good cause and
the consequences of such a determination under Regulation 5.
(6) If, during the breach
period, the original household makes a fresh claim for income support after the
person in breach has ceased to be a member of it, but the person in breach
subsequently rejoins the household, the fresh claim for income support shall be
taken to be withdrawn upon the person in breach becoming a member of the original
household again.
(7) Whilst the person in
breach is a member of another household, that other household is not entitled
to a basic component under Article 5(2)(a) or (b) of the Law in
respect of the person in breach.
(8) In this Regulation, ‘original
household’ means the household of which the person in breach was a member
at the time he or she received notice of the breach.
(9) For the purposes of
this Regulation the person in breach is a member of another household if, after
he or she receives notice of the breach, another person who was not a member of
the original household becomes a member of the same household as the person in
breach, by virtue of Article 5(1) of the Income Support (General
Provisions) (Jersey) Order 2008, in the circumstances described in sub-paragraph (a)
or (aa) of that provision.
5F Consequences and
periods of successive breaches may run concurrently
A
breach of a warning by a person for a second or subsequent time does not affect
the operation of Regulations 5B to 5E in relation to the previous breach
or breaches of the warning by the person.”.
3 Special
Payments Regulations amended
Regulation 5 of the Special
Payments Regulations is deleted.
part 3
miscellaneous
and closing
4 2007
Regulations amended: housing component
After paragraph 3(2) of Schedule 1
to the 2007 Regulations there shall be added the following
sub-paragraph –
“(3) A household is not entitled
to a housing component during any week for which –
(a) the household is not
entitled to a basic component under Article 5(2)(a) or (b) of the Law in
respect of any of the adult members of the household; and
(b) each of those adult
members is –
(i) a person in whose
case paragraph 1(1)(b) applies for a fifth or subsequent week of a
continuous period, or
(ii) a person in whose
case paragraph 1(1)(c) or (d) applies.”.
5 2007
Regulations amended: impairment component
(1) At
the beginning of paragraph 6(2)(a) of Schedule 1 to the 2007
Regulations there shall be inserted the words “in accordance with the
directions set out in Part 1 of Schedule 2,”.
(2) Before
the table in Part 1 of Schedule 2 to the 2007 Regulations there shall
be inserted the following words –
(1) A statement in respect
of any of the activities numbered 1 to 11 in the table shall be
selected having regard only to the member of the household’s physical and
sensory abilities.
(2) A statement in respect
of any of the activities numbered 13 to 18 in the table shall be
selected having regard only to the member of the household’s mental and
cognitive abilities.”.
(3) In
the table in Part 1 of Schedule 2 to the 2007 Regulations, for the
statements numbered 12A and 12B there shall be substituted the
following statements –
|
“12A Epileptic seizures causing loss of
consciousness: persons aged 12 and over
|
|
|
|
|
a) in the
past 6 months has had 6 or more epileptic seizures with loss of
consciousness and either –
|
15
|
12 years
|
None
|
|
|
(i) was
awake when the seizure commenced but had no useful warning of seizure, or
(ii) had dangerous
post-ictal behaviour
|
|
|
|
|
b) in the
past 6 months has had 3 or more epileptic seizures with loss of
consciousness and either –
|
9
|
12 years
|
None
|
|
|
(i) was
awake when the seizure commenced but had no useful warning of seizure, or
(ii) had dangerous
post-ictal behaviour
|
|
|
|
|
c) in the
past 6 months has had 1 or more epileptic seizures with loss of
consciousness and either –
|
6
|
12 years
|
None
|
|
|
(i) was
awake when the seizure commenced but had no useful warning of seizure, or
(ii) had dangerous
post-ictal behaviour
|
|
|
|
|
d) none of
the above
|
0
|
12 years
|
None
|
|
12B Epileptic seizures causing loss of
consciousness: persons aged under 12
|
|
|
|
|
a) at least
once a week in the past 6 months has had an epileptic seizure with loss
of consciousness and was awake at any time during the seizure
|
15
|
1 year
|
12 years
|
|
b) at least
once a month in the past 6 months has had an epileptic seizure with loss
of consciousness and was awake at any time during the seizure
|
9
|
1 year
|
12 years
|
|
c) at least
once every 2 months in the past 6 months has had an epileptic
seizure with loss of consciousness and was awake at any time during the
seizure
|
6
|
1 year
|
12 years
|
|
d) none of
the above
|
0
|
1 year
|
12 years”.
|
(4) The
note following the table in Part 1 of Schedule 2 to the 2007
Regulations shall be deleted.
(5) In
Part 2 of Schedule 2 to the 2007 Regulations for paragraph 3
there shall be substituted the following paragraph –
“3 Epileptic
seizures causing loss of consciousness
In
the past 6 months has had one or more epileptic seizures with loss of
consciousness and either –
(a) was awake when the
seizure commenced but had no useful warning of seizure; or
(b) had dangerous
post-ictal behaviour.
Note: Statement is not relevant in the case of child under the age of
12 years.”.
6 Citation
and commencement
These Regulations may be cited as
the Income Support (Miscellaneous Provisions) (Jersey) Regulations 2013
and shall come into force 7 days after they are made.
m.n. de la haye
Greffier of the States