Social Security (Insolvency
Benefit) (Jersey) Order 2012
1 Article 26C
of the Law: period of notice of termination
(1) For
the purposes of Article 26C(4) of the Law, the component specified in paragraph (2)(a)
of that Article shall not be counted towards the sum referred to in Article 26B
of the Law in respect of a person to the extent of any portion of the relevant
period of notice of termination that corresponds to the number of days during
which the person is absent from Jersey, except if –
(a) the
absence was reasonably necessary for the specific purpose of the person’s
actively seeking remunerative work as referred to in Article 26E; or
(b) the
absence was necessary for the purposes of treating (otherwise than by way of
rehabilitation) any incapacity of the person which commenced before that
absence began.
(2) For
the purposes of Article 26C(4) of the Law, the component specified in paragraph (2)(a)
of that Article shall not be counted towards the sum referred to in Article 26B
of the Law in respect of a person to the extent of any portion of the relevant
period of notice of termination that corresponds to the number of days during
which the person is undergoing imprisonment, or detention in custody, whether
in Jersey or elsewhere.
2 Article 26F
of the Law: certain amounts to be deducted from notice component
(1) For
the purposes of Article 26F(1)(f) of the Law, an amount to be deducted
from the component referred to in Article 26C(2)(a) of the Law and
relating to a person is the amount of any incapacity pension to the extent that
it is payable to the person in respect of any period of notice to which the
person is or has been entitled in respect of the termination of the
person’s employment.
(2) For
the purposes of Article 26F(1)(f) of the Law, an amount to be deducted
from the component referred to in Article 26C(2)(a) of the Law and
relating to a person is the following amount to the extent that it is taken
into account under the Social Security (Contributions) (Jersey) Order 1975 in respect of any period of notice to which the person is or has
been entitled in respect of the termination of the person’s employment –
(a) except
in the case where an amount referred to in paragraph (b) applies, the
amount of any income from self-employment of the person (where “income
from self-employment” has the same meaning as in the Social Security (Contributions) (Jersey) Order 1975); or
(b) in a
case where the person has been granted a concession under Article 13D(6)
of that Order –
(i) in the case where
the Minister accepts an estimate under Article 13D(5) of that Order, the
amount that is such proportion of 33⅓% of the annual equivalent of the
earnings so estimated as corresponds to the period of notice divided by 1 year,
(ii) in
the case where Article 13D(5) and (7) of that Order do not apply, the
amount that is such proportion of 33⅓% of the annual equivalent of the
standard monthly earnings limit as corresponds to the period of notice divided
by 1 year, or
(iii) in
the case where Article 13D(7) applies, the amount that is such proportion
of 33⅓% of the annual equivalent of the lower monthly earnings limit as
corresponds to the period of notice divided by 1 year.
(3) However,
if, before the relevant insolvency benefit is paid to the person, the person
provides evidence to the Minister’s satisfaction that the actual amount
of the person’s income from self-employment, during any period of notice
to which the person is or has been entitled in respect of the termination of
the person’s employment, is less than the amount that would apply in
respect of the person under paragraph (2), the Minister may accept that
amount for the purposes of that paragraph instead of the amount that would
otherwise apply under that paragraph.
3 Citation
This Order may be cited as
the Social Security (Insolvency Benefit) (Jersey) Order 2012.