“(2) Subject to paragraph (4), if in any case the claimant proves that there was good cause for the failure to make the claim before the date on which it was made, the prescribed time for making that claim shall be extended to the date on which the claim is made.

(3) Subject to paragraph (4), if in any case the claimant proves that –

(a) on a date earlier than the date on which the claim was made, apart from satisfying the condition of making a claim, he or she was entitled to the benefit; and

(b) throughout the period between the earlier date and the date on which the claim was made there was good cause for delay in making such claim,

the claimant shall not be disqualified under Part 1 of Schedule 2 for receiving any benefit to which he or she would have been entitled if the claim had been made on the earlier date.”,

(ii) in paragraph (4)(a) –

(A) after the words “maternity grant” there shall be inserted the words “or maternity allowance”,

(B) after the words “the grant” there shall be inserted the words “or allowance”;

(b) in Part 1 of Schedule 2 –

(i) for item 1 (relating to short term incapacity allowance) and item 2 (relating to maternity benefit) of the table there shall be substituted the following items –

“1.	Short term incapacity allowance (including any increase in respect of a dependant).		The period of 30 days from the earliest day in respect of which the claim is made.	The benefit claimed.
2.	Maternity benefit –
	(a)	Maternity grant.	The period beginning with the 13th week before the expected date of confinement and ending 6 months after the date of birth.	The benefit claimed.
	(b)	Maternity allowance.	The period beginning with the 13th week before the expected date of confinement and ending 6 months after the date of birth.	The benefit claimed.
	(c)	Increase of Maternity allowances in respect of a dependant.	The period beginning with the 13th week before the expected date of confinement and ending 6 months after the date of birth.	The benefit claimed.”,

(ii) for item 5 (relating to long term incapacity allowance) there shall be substituted the following item –

“5.

Long term incapacity allowance (including any increase in respect of a dependant).

The period of 3 months from the first day on which the conditions for the receipt of that benefit are satisfied.

The benefit claimed.”,

(iii) item 9 of the table (relating to increase, in respect of a dependant, of short term incapacity allowance or long term incapacity allowance) shall be deleted;

2 Social Security (Medical Certification) (Jersey) Order 1974 amended

In the Social Security (Medical Certification) (Jersey) Order 1974[3], for the form in Part B of Schedule 2 there shall be substituted the form in the Schedule to this Order.

3 Social Security (Maternity Benefit) (Jersey) Order 1975 amended

In the Social Security (Maternity Benefit) (Jersey) Order 1975[4] –

(a) in the preamble after the number “21,” there shall be inserted the word “22,”;

(b) in Article 2 for the words “9 weeks before that in which” there shall be substituted the words “13 weeks before the date on which”;

(d) Article 5(1) shall be deleted;

(e) For Article 5(2) there shall be substituted the following paragraphs –

“(2) Where a woman has become entitled to a maternity allowance in respect of expectation of her confinement and the date of the confinement has not occurred by the beginning of the 8th day after the expected date of confinement, the period referred to in Article 22(2) of the Law shall be extended by one day for every day during which the pregnancy continues after the expected date of confinement.

(3) Where a woman has made a claim for a maternity allowance in respect of expectation of her confinement and intended the maternity allowance period to commence on the expected date of confinement but confinement has not occurred by that date, if she continues to work until the actual date of confinement –

(a) the maternity allowance period shall commence from the actual date of confinement, provided that the woman has not worked in employment or as a self-employed person on that date; and

(b) there shall be no reduction in the period during which the maternity allowance is payable.

(4) No maternity allowance period shall be extended under paragraph (2) or commenced under paragraph (3) unless the claimant gives to the Minister written notice, in such form as may be approved by the Minister, that she has been confined and the notice is so given within 6 weeks, or such longer period not exceeding 3 months as the determining authority may allow, of the date of confinement.”;

(f) For Article 6 there shall be substituted the following Article –

“6 Confinement occurring before claim for maternity allowance made

In relation to a case where a woman has been confined without having previously made a claim for a maternity allowance in respect of expectation of the confinement (other than any claim which has been disallowed), Article 22(1) of the Law shall have effect as if for the condition for entitlement to a maternity allowance contained in sub-paragraph (a) of that paragraph, there were substituted the condition that the woman has been confined.”;

(g) After Article 8(2) there shall be added the following paragraph –

“(3) For the purposes of paragraph (1)(a), work means any work undertaken on more than 10 days, whether consecutive or not, and includes training or any activity undertaken for the purposes of keeping in touch with the workplace but excludes –

(a) any work carried out in the 2 weeks immediately following the date of childbirth; and

(b) reasonable contact from time to time between the woman and her employer during the maternity allowance period.”.

4 Citation and commencement

This Order may be cited as the Social Security (Miscellaneous Provisions No. 4) (Jersey) Order 2014 and shall come into force on 1st January 2015.

deputy s.j. pinel of st. clement

Minister for Social Security

SCHEDULE

(Article 2)

SUBSTITUTED MATERNITY BENEFIT – ALLOWANCE AND GRANT CLAIM FORM

Title: Maternity Benefit - Allowance and Grant Claim Form