Social
Security (Amendment of Law No. 14) (Jersey) Regulations 2020
Made 17th November 2020
Coming into
force 24th November 2020
THE STATES make these Regulations under Article 50
of the Social Security (Jersey) Law 1974[1] –
1 Interpretation
In these Regulations, a
reference to an Article or a provision of a Schedule by number, and without any
contrary indication, is a reference to the Article or provision of the same
number in the Social Security (Jersey) Law 1974[2].
2 Articles 21 to 23A
substituted
For Article 21 (maternity grant), Article 22 (maternity
allowance), Article 23 (supplementary provisions as to maternity benefit)
and Article 23A (adoptive parent grant) there is substituted –
“21 Entitlement to parental grant
(1) Subject to the provisions of this Law, a person to whom paragraph (2)
applies is entitled to a parental grant upon the birth or adoption of a child.
(2) This paragraph applies to a person who –
(a) is a parent of the child; and
(b) satisfies the relevant contribution conditions, and any
prescribed requirements.
(3) In respect of any one child –
(a) only
one person may receive payment of the parental grant; but
(b) where more than one person is entitled to parental grant, the
grant must be paid, in the following order of priority –
(i) to
the person who is nominated by the other persons so entitled, in such manner as
may be prescribed, as the parent to whom the grant is to be paid,
(ii) if
no person is nominated, and except in a case of adoption, to the birth mother,
or
(iii) to
the person whose name appears first on the birth certificate or adoption certificate.
(4) If all persons entitled to the grant have died, the parental
grant may be paid to such other person as may be prescribed.
(5) No more than one parental grant is to be paid in respect of any
one child, but subject to any provision which may be made by Order, a person is
entitled to a parental grant in respect of each child –
(a) in a case of the birth of more than one child as a result of the
same pregnancy; or
(b) in the case of –
(i) an
adoption, by the placement for adoption of more than one child, or
(ii) an
overseas adoption, by more than one child being adopted,
as part of the same
arrangement.
(6) Further provision may be made by Order for the purpose of giving
full effect to this Article, and in particular as to –
(a) the application of this Article, with or without modification,
in relation to a person or class of persons, including a person who is entitled
to a parental grant and who requests, in such a manner as may be prescribed,
that the parental grant is to be paid prior to the expected date of birth or
placement for adoption, as the case may be;
(b) the time and manner of payment of parental grant;
(c) the determination of any dispute between persons regarding the
nomination under paragraph (3)(b).
22 Entitlement to parental allowance
(1) Subject to the provisions of this Law, a person to whom paragraph (2)
applies is entitled to parental allowance –
(a) in the case of a host mother, in accordance with paragraph (3);
and
(b) in the case of a parent, in accordance with paragraphs (4)
to (9).
(2) This paragraph applies to a person who –
(a) is a parent, or the host mother, of a child; and
(b) satisfies the relevant contribution conditions, and any
prescribed requirements.
(3) The host mother of a child is entitled to parental allowance –
(a) irrespective of any other payment of parental allowance to any
other person for any period; but
(b) for the post-natal period only, and for no other period.
(4) In respect of any one adoption or birth, the period for which parental
allowance is to be paid must not exceed a total of 32 weeks, but that
total –
(a) is in addition and without prejudice to any entitlement of a
host mother under paragraph (3), in respect of the post-natal period; and
(b) applies without regard to the number of children adopted or
born, or of persons entitled to the allowance.
(5) The total number of weeks mentioned in paragraph (4) must
fall within the period –
(a) beginning no earlier than the date which is 11 weeks prior
to the expected adoption date or date of birth; and
(b) ending –
(i) in the case of adoption, on the day which is 2 years after the date of adoption, or
(ii) in
any other case, on the day which is the child’s second birthday.
(6) Where one parent entitled to parental allowance is the birth
mother, payment of parental allowance must be made to the birth mother for the
post-natal period.
(7) Where a person entitled to parental allowance is also a parent
exercising a right to paid parental leave under Article 55E of the
Employment (Jersey) Law 2003[3], parental allowance must be paid for each week of paid parental
leave taken by that person.
(8) No more than 2 parents are entitled to receive payment of
parental allowance in respect of any one adoption or birth, but where 2 parents
are so entitled, they –
(a) must nominate, subject to paragraphs (6) and (7) and in
such manner as may be prescribed, the parent to whom a parental allowance is to
be paid; and
(b) may specify, subject to paragraph (9) and in such manner as
may be prescribed, the period of weeks for which the allowance is to be paid to
a nominated parent.
(9) Periods specified under paragraph (8)(b) need not be
continuous, but –
(a) no more than 3 separate periods may be specified for each nominated
parent; and
(b) each specified period must be of no less than 2 weeks.
(10) Further provision may be made by Order for the purpose of giving
full effect to this Article, and in particular as to –
(a) the determination of any dispute between persons regarding the
nomination to be made under paragraph (8)(a);
(b) determination of an issue or dispute regarding entitlement to parental
allowance, or the period for which or the parent to whom it is payable;
(c) cases in which particular contribution conditions may be
disapplied;
(d) requirements which must be satisfied for the purpose of making a
valid claim to parental allowance;
(e) cases in which persons may be disqualified from receiving
parental allowance;
(f) cases in which the period for which parental allowance is
payable may be varied, and variations of that period;
(g) entitlement to, and payment of, parental allowance in a case
where no nomination is made under paragraph (8)(a);
(h) entitlement to, and payment of, parental allowance in a case
where a parent is no longer alive;
(i) the time and manner of payment of parental allowance.
23 Interpretation of Articles 21 and 22
(1) In Articles 21, 22 and paragraph (2), references to
adoption, the adoption date, overseas adoption and surrogacy are to be
construed, subject to paragraph (2), in accordance with Article 55A
(interpretation for the purposes of Part 5A) of the Employment (Jersey)
Law 2003[4].
(2) For the purposes of Articles 21 and 22 –
“adoption certificate” means a
certified copy, issued under Article 60(2) of the Marriage and Civil
Status (Jersey) Law 2001[5], of an adoption registration under that Law;
“birth” includes, except
where the context otherwise requires –
(a) the
birth of a living child at the full term of pregnancy, and
(b) the
birth of a child, whether living or stillborn, at any time after 24 weeks
of pregnancy;
“birth certificate” means a
short form birth certificate, issued under Article 60(1) of the Marriage
and Civil Status (Jersey) Law 2001, relating to a birth registration under
that Law;
“birth mother” means a woman
who gives birth to a child, but does not include a host mother;
“host mother” means a woman
who gives birth to a child, in the case where the child is or is to be placed
with a surrogate parent;
“parent” means a person,
other than a host mother, who –
(a) is, or is to be –
(i) named
on the birth certificate or adoption certificate of a child, or
(ii) a surrogate
parent; and
(b) has, or expects to have, responsibility for the upbringing of
the child or the main responsibility (apart from any responsibility of the birth
mother) for the upbringing of the child;
“post-natal period” means the
continuous period of 6 weeks beginning with the day on which birth occurs.
(3) For the purposes of paragraph (1), a person is treated as having
responsibility, or the main responsibility, for the upbringing of a child, if
the person would have had such responsibility but for the fact that the child
was stillborn after 24 weeks of pregnancy, or has died.”.
3 Consequential
amendments of the Social Security (Jersey) Law 1974
(1) In Article 1(1) (interpretation) the
definition “adoption order” is deleted.
(2) In Article 12 (description of
benefits) –
(a) for sub-paragraph (b)
there is substituted –
“(b) parental benefit, consisting of parental grant and parental
allowance;”;
(b) sub-paragraph (c) is
deleted.
(3) In each of the following provisions, in the
expression “maternity allowance” wherever it occurs, for “maternity” there is
substituted “parental” –
(a) Article 14(2)
(contribution conditions);
(b) Article 15(2) (short
term incapacity allowance);
(c) Article 26F(1)(c) (pay
in lieu of notice: deductions of certain amounts);
(d) Article 27(1)
(increase of benefit for dependants).
(4) In the table in Part 1 (rates of
benefit) of Schedule 1, in the column headed “Description of Benefit”, for
“4. Maternity allowance” there is substituted “4. Parental
allowance”.
(5) In the table in Part 2 (amounts of
single payment benefits) of Schedule 1 –
(a) in the column headed
“Description of Grant”, for “1. Maternity grant” there is substituted “1. Parental
grant”;
(b) the item and entries at
“1A.” are deleted.
(6) In paragraph 4 of Schedule 2 –
(a) in the heading for
“Maternity” there is substituted “Parental”;
(b) in sub-paragraphs (1)
and (2) for “maternity” in each place there is substituted “parental”.
(7) In paragraph 5 of Schedule 2 –
(a) in the heading for
“Maternity” there is substituted “Parental”;
(b) in sub-paragraph (1)
for “maternity” there is substituted “parental”.
(c) for sub-paragraph (2)(b) there is
substituted –
“(b) the
expression “relevant quarter” means the previous
quarter but one before the quarter in which it is expected that the relevant
person’s child will be born or adopted.”.
(8) Paragraph 5A (adoptive parent grant)
of Schedule 2 is deleted.
4 Consequential amendment
of other enactments
(1) In the Employment (Jersey) Law 2003[6] –
(a) in Article 55D (entitlement
to parental leave) –
(i) in paragraph (2)(b)(i) for “with the
mother or adopter of a child” there is substituted “with a child or with the
mother or adopter of a child”,
(ii) in paragraph (7) –
(A) for “or its mother” there
is inserted “, its mother or adopter”, and
(B) in sub-paragraph (a)
before “married to” there is inserted “at the date of childbirth or placement
for adoption,”;
(b) in paragraph 55E
(paid parental leave) in paragraph (6) for “maternity” there is
substituted “parental”.
(2) In Article 77AA(1)
(Social Security allowances) of the Income Tax (Jersey) Law 1961[7] –
(a) “adoptive parent grant,”
is deleted;
(b) for “maternity benefit”
there is substituted “parental allowance, parental grant”.
(3) In the Social Security (Claims and
Payments) (Jersey) Order 1974[8] –
(a) in Article 11(2)
(time and manner of payment of benefit) for “maternity” there is substituted “parental”;
(b) in Article 13(4)(a)
(time for claiming benefit) for “maternity grant and maternity allowance” there
is substituted “parental grant and parental allowance”;
(c) in the table in Schedule 1
(benefit claimed, etc.) for the second and third rows there is
substituted –
|
“Parental allowance.
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Incapacity benefit.
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Incapacity benefit.
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Parental allowance.”
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(d) in the table in Part 1
of Schedule 2 (table of prescribed times and disqualifications) –
(i) for the heading in item 2. “Maternity
benefit” there is substituted “Parental grant and parental allowance”, and
(ii) in each of the entries (a)
to (c) relating to that item, for “maternity” in each place in which it occurs
there is substituted “parental”;
(e) in the introductory words
to Part 2 of Schedule 2 for “Maternity” there is substituted “Parental”;
(f) in paragraph 2
(claims in advance) of Schedule 2, in sub-paragraph (3)(b) for
“maternity” there is substituted “parental”.
(4) In Article 2 (provisions determining
days of unemployment) of the Social Security (Contributions) (Jersey) Order 1975[9], in paragraph (1)(f)(i) and (g) for “maternity” in each place
there is substituted “parental”.
(5) In Article 17 (review of decision
involving payment or increase of benefit) of the Social Security (Determination
of Claims and Questions) (Jersey) Order 1974[10], in paragraph (1)(a) for “maternity” there is substituted
“parental”.
(6) In the following provisions of the Social
Security (General Benefit) (Jersey) Order 1975[11], for “maternity” in each place there is substituted “parental” –
(a) Article 5(1)
(increase of benefit for dependents);
(b) Article 10
(exceptions from disqualification for imprisonment, etc.), paragraphs (2)
and (3);
(c) Article 11
(suspension of payment of benefit during imprisonment, etc.), proviso to paragraph (1);
(d) Article 12 (interim
payments, arrears and repayments), paragraph (7) and the proviso to that
paragraph.
(7) In the Social Security (Married Women)
(Jersey) Order 1974[12], in the heading to Article 4 (credits, etc.) and paragraph (1)
of that Article, for “maternity” in each place there is substituted “parental”.
(8) In the Social Security (Overlapping
Benefits) (Jersey) Order 1975[13] –
(a) in Article 1A
(insolvency benefit: limited adjustment, etc.) for “maternity” there is
substituted “parental”;
(b) in Article 5
(construction of Part 1) in paragraphs (a) and (b) for “maternity” in
each place there is substituted “parental”;
(c) in the Table in the
Schedule –
(i) in item (1) in Column 1, for “or
maternity benefit,” there is substituted “, parental grant or parental
allowance”,
(ii) in the third item in
Column 2 for “maternity” there is substituted “parental”.
5 Transitional and saving
provisions
(1) The amendments made to the Social Security
(Jersey) Law 1974[14] by Regulation 2 and the consequential amendments made by
Regulations 3 and 4, in so far as they relate to payments of parental grant
or parental allowance, have effect only in respect of a child whose expected adoption
date, or expected date of birth, is on or after 1st January 2021.
(2) In relation to claims for and payments of
adoptive parent grant, maternity grant or maternity allowance made before these
Regulations have effect as provided by paragraph (1) –
(a) Articles 21 to 23A
of the Social Security (Jersey) Law 1974; and
(b) any other enactment
amended by Regulation 3 or 4,
continue in full force and effect, as though unamended by these
Regulations.
6 Citation and
commencement
These Regulations may be cited as the Social Security (Amendment of
Law No. 14) (Jersey) Regulations 2020 and come into force 7 days
after the day on which they are made.