Social
Security (Parental Benefit) (Jersey) Order 2020
Made 20th November 2020
Coming into
force 24th November 2020
THE MINISTER FOR SOCIAL SECURITY makes this Order under Articles 14,
21, 22, 29 and 51 of the Social Security (Jersey) Law 1974[1] –
PART 1
Preliminary
1 Interpretation
In this Order –
“Law” means the Social Security (Jersey) Law 1974[2];
“nominated week” means a period of 7 consecutive
days nominated by a parent under Article 8(1) and (2) in which to receive
parental allowance.
PART 2
Parental
Grant
2 Application for parental grant
(1) The
requirements in this Article are prescribed for the purposes of Article 21(2)(b)
of the Law (entitlement to parental grant).
(2) A
person who is entitled to apply for a parental grant must apply to the Minister
within a period which begins on the day which is 13 weeks before the week
in which the child is expected to be born or adopted, and ends on the day which
is 6 months after that child’s birth or date of adoption.
3 Birth occurring outside Jersey
(1) Where
a child is born outside Jersey, and the birth mother has been advised by a medical
practitioner registered under the Medical Practitioners (Registration) (Jersey)
Law 1960[3] that delivery of
that child outside Jersey is necessary for medical reasons, any parent who
would be entitled to a parental grant in respect of that child remains so
entitled.
(2) Where
a child is born outside Jersey, and the birth mother has not been so advised, the
contribution conditions set out in paragraph 5(1) of Schedule 2 to
the Law apply as if, for that paragraph, there were substituted –
“(1) The
contribution conditions for a parental grant are that –
(a) the relevant person had
paid contributions prior to the end of the relevant quarter and the annual
contribution factor derived from those contributions is not less than 0.25; and
(b) the relevant person has
paid or been credited with contributions in respect of the relevant quarter and
the quarterly contribution factor derived from those contributions is not less
than 1.00.”.
4 Death of parent before payment of parental grant
If a parent entitled to a
parental grant in respect of a child applies for that grant but dies before
payment of the grant is made, the payment must instead be made to a surviving
parent of that child.
5 Payment of parental grant where persons entitled have died
If all persons entitled
to the grant die before payment of the grant, the determining officer may, on
application by a person, pay the parental grant to that person if –
(a) the person has day-to-day
care of the child;
(b) the person satisfies the
contribution conditions; and
(c) it is in the best
interests of the child to make payment of the grant.
6 Resolution of dispute
(1) In
the event that more than one person is entitled to a parental grant, and a
dispute arises between those persons as to which of them is the person to whom
the payment should be made, the decision is to be made by the determining
officer.
(2) The
decision of the determining officer must be made with due consideration of the
best interests of the child.
PART 3
parental
allowance
7 Application for parental allowance
(1) For
the purposes of Article 22(2)(b) of the Law (entitlement to parental
allowance), a person who applies for parental allowance must make the
application to the Minister in the form approved by the Minister.
(2) A
person who is entitled to apply for parental allowance must apply to the
Minister within a period which begins on the day which is 13 weeks before
the week in which the child is expected to be born or adopted, and ends on the
day which is 6 months after that child’s birth or date of adoption.
8 Nomination of period for parental allowance
(1) Subject
to paragraphs (2) to (4), up to 2 parents who are entitled to payment of
parental allowance in respect of a child must, under Article 22(8)(a) of
the Law, nominate –
(a) the parent or parents to
whom parental allowance is to be paid;
(b) the weeks for which
parental allowance is to be paid to each parent.
(2) Nominations
under paragraph (1)(b) must be made for blocks of no less than two
consecutive weeks.
(3) If
only one parent is named, or expected to be named, on the birth certificate or
the adoption certificate, that parent is entitled to 32 nominated weeks.
(4) If
2 parents are named, or expected to be named, on the birth certificate or the
adoption certificate, each parent is entitled to up to 26 nominated weeks,
provided that the total number of nominated weeks for both parents does not
exceed 32.
(5) A
payment of parental allowance will not be made to a parent for a nominated week
unless, during that nominated week, that parent is responsible for the
upbringing of the child.
(6) Paragraph (5)
does not apply –
(a) if the child is in the
care of the Minister for Health and Social Services under Article 24(1)(a)
of the Children (Jersey) Law 2002[4], and has been so for
less than 12 weeks; or
(b) if the child has died.
(7) A
parent may change the dates of their own nominated weeks by giving 28 days’
notice to the determining officer.
(8) The
determining officer may shorten or waive the requirement for notice under
paragraph (7) if the determining officer considers it reasonable to do so.
9 Partial satisfaction of contribution conditions and reduced
rates of benefit
(1) A
person is entitled to a parental allowance at a reduced rate calculated as set
out in paragraph (2) if –
(a) that person would be
entitled to a parental allowance but for the fact that the contribution
condition set out in paragraph 4(1)(b) of Schedule 2 to the Law is
not satisfied; and
(b) the quarterly
contribution factor derived from contributions paid by or credited to that
person in respect of the relevant quarter is not less than 0.33.
(2) The
amount of allowance to be paid is the full rate of allowance multiplied by the
quarterly contribution factor in respect of the relevant quarter.
10 Disqualification from receipt of parental allowance
(1) For
the purposes of Article 22(10)(e) of the Law, parental allowance is not
payable, for a period to be decided by the determining officer, if –
(a) during a period in
respect of which the allowance is payable, a person does any work as an
employed or self-employed person (including any work which under any Order made
under the Law is to be disregarded for the purpose of the classification of
insured persons); or
(b) during the period of
payment of the allowance, a parent fails to answer any reasonable queries by
the determining officer.
(2) In
paragraph (1), “work” –
(a) means any work
undertaken –
(i) in excess of 14 hours in any one
week,
(ii) in excess of 70 hours
in total, or
(iii) by a birth mother or host
mother in the post-natal period; but
(b) excludes reasonable
contact from time to time between the person and that person’s employer during
the period in which parental allowance is paid.
11 Determination
of disputes
(1) If
more than one parent is entitled to parental allowance, and the parents dispute
the allocation of weeks in which payment to each parent should be made, the
decision is to be made by the determining officer.
(2) The
decision of the determining officer must be made with due consideration of the
best interests of the child.
12 Payment
of allowance where parents entitled have died
If all parents entitled
to the allowance die before receiving payment of all or any part of the
allowance, the determining officer may, on application by no more than 2 persons,
pay parental allowance to each of those persons if –
(a) the applicants specify
nominated weeks, the total of which do not exceed the number of weeks of
parental allowance which remain unpaid;
(b) the applicants have
day-to-day care of the child;
(c) each applicant satisfies
the contribution conditions; and
(d) it is in the best
interests of the child to make payment of the allowance.
PART 4
Final
13 Repeal and consequential amendments
(1) The
Social Security (Maternity Benefit) (Jersey) Order 1975 is repealed[5].
(2) In
Article 5(1) of the Social Security (General Benefit) (Jersey) Order 1975[6] “and maternity allowance”
is deleted.
(3) In
the Social Security (Claims and Payments) (Jersey) Order 1974[7] –
(a) in the following places,
for “confinement” there is substituted “birth or adoption” –
(i) in Article 13(4)(a),
(ii) in Schedule 2 –
(A) in Part 1, in the table
at item 2, in each place,
(B) in Part 2, in paragraph 2(3),
in each place;
(b) in Part 2 of Schedule 2,
in paragraph 2(3), for “a woman will be confined” there is substituted
“that a child will be born or adopted”.
(4) In
Article 6(1) of the Social Security (Residence and Persons Abroad)
(Jersey) Order 1974[8] for “long term
incapacity allowance or maternity allowance” there is substituted “or long term incapacity allowance”.
14 Transitional provision
The provisions of Parts 2
and 3, and the repeal and consequential amendments made in Article 13, 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.
15 Citation
and commencement
This Order may be cited
as the Social Security (Parental Benefit) (Jersey) Order 2020 and comes into
force on 24th November 2020.
Deputy J.A. Martin of St. Helier
Minister for Social Security