Social Security
(Miscellaneous Provisions No. 2) (Jersey)
Order 2012
Made 21st December 2012
Coming into force 1st
January 2013
THE MINISTER FOR SOCIAL SECURITY, in pursuance of Articles 13, 14, 28,
29 and 51 of the Social Security (Jersey) Law 1974[1], orders as follows –
1 Social Security (Claims and Payments)
(Jersey) Order 1974 amended
In the Social Security (Claims and Payments) (Jersey) Order 1974[2] –
(a) in Article 11, after paragraph (3) there shall be
inserted the following paragraphs –
“(3A) Home carer’s allowance shall be paid in
advance, every 4 weeks.
(3B) Notwithstanding paragraph (3A) and Article 4(3)
of the Social Security (General Benefit) (Jersey) Order 1975[3], for the period 1st January 2013
to 31st July 2013 –
(a) home carer’s allowance shall be paid
monthly in advance, on the first day of each month; and
(b) for the purpose of computing the amount of
home carer’s allowance payable for part of a month in that period, the
daily rate of home carer’s allowance shall be one thirtieth of the
monthly rate.”;
(b) after
paragraph 8 in the table in Part 1 of Schedule 2 there shall be inserted
the following paragraph –
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“8A.
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Home carer’s allowance.
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The period of 3 months from the first day on which the conditions
for the receipt of that benefit are satisfied.
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Benefit in respect of any period more than 3 months before the
date on which the claim is made.”.
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2 Social
Security (Contributions) (Jersey) Order 1975 amended
In the Social Security (Contributions) (Jersey) Order 1975[4] –
(a) after
Article 9 there shall be inserted the following Article –
“9A Persons
in receipt of home carer’s allowance
(1) An insured person who is in receipt of home
carer’s allowance shall be excepted from liability to pay a contribution
under the Law in respect of any month for which the person has applied to the
Minister for, and been granted by the Minister, such exception.
(2) An insured person who has been excepted from
liability to pay a contribution for any month by virtue of paragraph (1)
shall be credited, for that month, with contributions of the appropriate class
in accordance with and subject to the provisions of Article 15.
(3) A person shall not be excepted from
liability and contributions shall not be credited in respect of any period
before the commencement of the period for which the person receives home
carer’s allowance.”;
(b) in Article 14(10)
after the words “old age pension” there shall be inserted the words
“, home carer’s allowance”.
3 Social
Security (Determination of Claims and Questions) (Jersey) Order 1974
amended
In Article 20(1) of the Social Security (Determination of
Claims and Questions) (Jersey) Order 1974[5] for the definition
“Tribunal” there shall be substituted the following definition –
“ ‘Tribunal’
has the same meaning as in Article 33(9) of the Law.”.
4 Social
Security (General Benefit) (Jersey) Order 1975 amended
In Article 10 of the Social Security (General Benefit) (Jersey)
Order 1975[6] –
(a) in paragraph (1),
for the words “paragraphs (2) and (3)” there shall be
substituted the words “paragraphs (2) to (4)”;
(b) after
paragraph (3) there shall be added the following paragraph –
“(4) The said provisions shall not
operate to disqualify a person for receiving home carer’s allowance
whilst that person is undergoing a period of imprisonment or detention in legal
custody that does not exceed 7 days.”.
5 Social
Security (Overlapping Benefits) (Jersey) Order 1975 amended
In Article 1 of the Social Security (Overlapping Benefits)
(Jersey) Order 1975[7], for paragraph (4)
there shall be substituted the following paragraph –
“(4) The personal benefits
referred to in this Article and Article 2 as the ‘specified
benefits’ are –
(i) any
personal benefit under the Accident Insurance Laws as continued in force by the
Insular Insurance (Jersey) Law 1950[8], and
(ii) a
pension under the Non-Contributory Pensions (Jersey) Law 1954[9], except where the
beneficiary is a blind person within the meaning of that Law; and
(b) in the case of home carer’s allowance,
any pension paid out of the public funds of a country or territory outside
Jersey.”.
6 Citation
and commencement
This Order may be cited as the Social Security (Miscellaneous
Provisions No. 2) (Jersey) Order 2012 and shall come into force on
1st January 2013.
SENATOR F. DU H. LE GRESLEY
Minister for Social Security