Income Support
(General Provisions) (Amendment No. 12)
(Jersey) Order 2013
Made 11th October 2013
Coming into force in
accordance with Article 8
THE MINISTER FOR SOCIAL SECURITY, in pursuance of Articles 9(1)
and 18 of the Income Support (Jersey) Law 2007[1], orders as follows –
1 Interpretation
In this Order “principal Order” means the Income Support
(General Provisions) (Jersey) Order 2008[2].
2 Article 1
amended
In Article 1(1) of the principal Order after the definition
“1974 Order” there shall be inserted the following
definition –
“ ‘2007
Regulations’ means the Income Support (Jersey) Regulations 2007[3];”.
3 Heading
to Part 6 amended
In the heading to Part 6 of the principal Order the words “AND
DECISIONS” shall be deleted.
4 Article
A12 inserted
At the beginning of Part 6 of the principal Order there shall
be inserted the following Article –
“A12 Interpretation
of Part 6
In this Part
‘determination’ means –
(a) a decision under Article 3(2)(b) of the
Law;
(b) a decision under Article 11 of the Law;
(c) a determination under Article 12 of the
Law;
(d) a determination under Article 12(1) or
(1A) of this Order.”.
5 Article 12
amended
In Article 12 of the principal Order –
(a) after
paragraph (1) there shall be inserted the following paragraph –
“(1A) A determining officer shall also determine
whether –
(a) for the purposes of Regulation 5 of
the 2007 Regulations, a person has ceased remunerative work without
good cause and, if the person has ceased such work without good cause, the
commencement date for the sanction period imposed by that Regulation;
(b) to warn a person, in accordance with
Regulation 5A of the 2007 Regulations;
(c) a person has, as described in
Regulation 5B of the 2007 Regulations, breached a
warning.”;
(b) in
paragraph (2) –
(i) for
the words beginning “Where required under
Article 13 –” and ending “shall be
redetermined” there shall be substituted the words “Where required
under Article 13 a determination shall be redetermined”,
(ii) the
words “or decision” shall be deleted.
6 Article 13
amended
In Article 13 of the principal Order –
(a) in
paragraph (1), for the words “any determination that is made in
respect of the household under Article 12(1) of this Order or
Article 12 of the Law” there shall be substituted the words “a
determination that is made in respect of the household”;
(b) for
paragraphs (3) to (5) there shall be substituted the following
paragraphs –
“(3) A requirement under
paragraph (1) in respect of a determination under Article 12(1A) must
be made within 7 days of receiving notice of the first determining
officer’s determination.
(4) Any other requirement under
paragraph (1) must be made within 21 days of receiving notice of the
first determining officer’s determination.”.
7 Article 13A
amended
In Article 13A of the principal Order –
(a) in
paragraph (1) –
(i) the
words “under Article 12(1) of this Order or Article 12 of the
Law or a decision under Article 11 of the Law” shall be deleted,
(ii) in
sub-paragraph (a) the words “or decision” shall be deleted;
(b) in
paragraph (3)(a) and (b) the word “, decision” shall be
deleted;
(c) after
paragraph (4) there shall be inserted the following paragraph –
“(4A) In the case of a determination under
Article 12(1A), a notice under this Article must also explain –
(a) the effect of the determination;
(b) the period for which the effect of the
determination remains in force; and
(c) the consequences of a failure, by the person
to whom the notice relates, to comply with Regulation 4 of the 2007
Regulations whilst the effect of the determination remains in force.”.
(d) for
paragraph (5) there shall be substituted the following
paragraph –
“(5) A notice of a determination
or redetermination –
(a) may be sent by post; and
(b) shall be treated as duly sent if sent to the
person’s usual or last known address.”.
8 Citation
and commencement
This Order may be cited as the Income Support (General Provisions)
(Amendment No. 12) (Jersey) Order 2013 and shall come into force on
the same day as the Income Support (Miscellaneous Provisions) (Jersey) Regulations 2013.
senator f. du h. le gresley
Minister for Social Security