Social Security
(Overlapping Benefits) (Jersey) Order 1975[1]
PART 1
ADJUSTMENT OF BENEFIT
1 Adjustment
of personal benefit under the Law where other personal benefit (whether under
the Law or otherwise) is payable
(1) Where,
for any period, any personal benefit under the Law and one or more of the
personal benefits specified in paragraph (4) (hereafter in this Article
and in Article 2 referred to as the “specified
benefits”) or any other personal benefit under the Law are or, but
for this Article, would be, payable to any person, then for that
period –
(a) every
personal benefit under the Law which is or would be so payable shall, subject
to the provisions of Article 2(1), be adjusted by reference to each of the
specified benefits (if any) payable for that period in accordance with the
provisions of paragraph (2) of this Article; and
(b) where
(after such adjustment, if any) more than one personal benefit under the Law
would be payable for that period, an adjustment between those personal benefits
shall, subject to the provisions of Articles 1A and 2(2), be made in
accordance with the provisions of paragraph (3) of this Article.[2]
(2) Where
in accordance with paragraph (1) any personal benefit under the Law is
required to be adjusted for any period by reference to any specified benefit or
benefits, then the amount which, but for this Article, would be payable for
that period in respect of that personal benefit under the Law shall be reduced
or extinguished by the deduction therefrom of the amount payable for that
period in respect of that specified benefit or those specified benefits and,
subject to any further adjustment to be made in accordance with paragraph (3),
only the balance (if any) shall be payable for that period in respect of that
personal benefit under the Law.
(3) Where
in accordance with paragraph (1) an adjustment between any personal
benefits under the Law is required to be made for any period, then the amount
payable for that period in respect of those personal benefits shall be the
amount which, but for this provision, would be payable for that period in
respect of one of those personal benefits (if they would be so payable at equal
rates) or that one of them which would be so payable for that period at the
higher or highest rate.
(4) The
personal benefits referred to in this Article and Article 2 as the “specified benefits” are –
(a) in
every case –
(i) any personal
benefit under the Accident Insurance Laws as continued in force by the Insular
Insurance (Jersey) Law 1950, and
(ii) a
pension under the Non-Contributory Pensions (Jersey) Law 1954, 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.[3]
1A Insolvency benefit:
limited adjustment for wages and holiday pay[4]
Despite Article 1(1)(b),
insolvency benefit payable to a person is only to be adjusted in accordance
with Article 1(3) to the extent of the values of such of the components of
that benefit as are referred to in Article 26C(1), (2)(c) and (2)(d) of
the Law and as relate to any day in respect of which short term incapacity
allowance or parental allowance, or both of them, is payable to the person.
2 Exceptions
to Article 1
(1) Any
personal benefit under the Law which is specified in any paragraph of the first
column of the Schedule shall not be adjusted by reference to any specified
benefit in the corresponding paragraph of the second column of the Schedule.
(2) An
adjustment shall not be made between any 2 personal benefits under the Law of
which one is specified in any paragraph of the first column of the Schedule and
the other is specified in the corresponding paragraph of the second column of
the Schedule.
3 Adjustment
of dependency benefit under the law where other dependency benefit (whether
under the law or otherwise) is payable
(1) Subject
to the provisions of this Order, where, for any period, any dependency benefit
under the Law is, or but for this Order would be, payable to any person in
respect of an adult dependant, that dependency benefit shall be adjusted by
reference to any other dependency benefit specified in paragraph (2) which
is payable for that period to that person in respect of that or any other adult
dependant or to any person in respect of that adult dependant so that the
amount which, but for this Article, would be payable in respect of that
dependency benefit under the Law shall be reduced or extinguished by the
deduction therefrom of the amount payable for that period in respect of that
other dependency benefit or those other dependency benefits by reference to
which the dependency benefit under the Law is required by this Article to be
adjusted and only the balance (if any) shall be payable for that period in
respect of that dependency benefit under the Law.
(2) The
dependency benefits referred to in paragraph (1) are –
(a) any
dependency benefit under the Law;
(b) any
dependency benefit under the Accident Insurance Laws as continued in force by
the Insular Insurance (Jersey) Law 1950.
(3) The
foregoing provisions of this Article shall not operate to require the making of
any adjustment as between 2 dependency benefits of which one is dependency
benefit by way of an increase of benefit under Article 27 of the Law,
which is, or but for those provisions would be, payable to a person (hereafter
in this paragraph referred to as the “beneficiary”)
in respect of another person who is employed by, but is not residing with, the
beneficiary, and the other is any dependency benefit which is specified in paragraph (2)
of this Article and is, or but for those provisions would be, payable in
respect of that other person to some person other than the beneficiary.[5]
4 Adjustment
of dependency benefit under the law where personal benefit is payable
(1) Subject
to the provisions of paragraph (3), where, for any period, any one or more
of the personal benefits specified in paragraph (2) is or are payable to
any person –
(a) if
the weekly rate or the aggregate weekly rate at which that personal benefit or
those personal benefits (if more than one) is or are payable for that period
(in this Article called the “weekly rate of personal benefit”)
is equal to or exceeds the weekly rate of any dependency benefit under the Law
which, apart from this Article, would be payable for that period (in this Article
called the “weekly
rate of dependency benefit”) there shall
not be paid in respect of that person for that period any dependency benefit
under the Law; and
(b) in
any other case, there shall not be paid in respect of that person for that
period any dependency benefit under the Law at a weekly rate exceeding the
difference between the weekly rate of personal benefit and the weekly rate of
dependency benefit.
(2) The
personal benefits referred to in the preceding paragraph are any personal
benefit specified in Article 1(4) and any personal benefit under the Law.
(3) The
provisions of this Article shall not apply in relation to any dependency
benefit by way of an increase of benefit under Article 27 of the Law in
respect of a person who is employed by, but is not residing with, the
beneficiary.[6]
5 Construction
of Part 1[7]
Nothing in this Part
shall be construed as requiring –
(a) that
any personal benefit under the Law by way of parental grant or death grant
shall be adjusted;
(b) that
any personal benefit or dependency benefit shall be adjusted by reason of
personal benefit under the Law by way of parental grant or death grant, or by
reason of any other sum which is payable otherwise than in respect of a period,
being payable to any person; or
(c) that
any benefit under the Law shall be adjusted by reference to a benefit not under
the Law where the latter benefit has itself been adjusted by reference to the
benefit under the Law.
PART 2
MISCELLANEOUS PROVISIONS
6 Priority
of title to increases of benefit
Where, but for any of the
foregoing provisions of this Order, 2 persons would both be entitled to an
increase of benefit under the Law in respect of a third person, the person
entitled thereto shall, as between such persons, be determined in accordance
with the following order of priority –
(a) such
one of the 2 persons as may be designated in a written notice to the Minister,
signed by the other;
(b) such
one of the 2 persons as the Minister may in his or her discretion determine,
having regard to the circumstances of the case.
7 Amount
deemed to be payable in respect of any benefit, etc. for any day
(1) For
the purposes of this Order, the amount which, but for the provisions thereof,
would be payable for any day in respect of any benefit, pension or allowance
shall, if that day does not fall within a week for which the amount which would
be so payable in respect of that benefit, pension or allowance is equal to the
appropriate weekly rate, be deemed to be 1/7 of the appropriate weekly rate.[8]
(2) In
this Article, the expression “appropriate
weekly rate”, means, in relation to any benefit, pension or
allowance, the weekly rate at which it would be payable but for the provisions
of this Order.
8 Persons
to be treated as entitled to benefit for certain purposes
Any person who would be
entitled to any benefit under the Law but for this Order shall be treated as if
the person were entitled thereto for the purpose of any rights or obligations
under the Law and the Orders made thereunder (whether of himself, herself or
some other person) which depend on the person’s being so entitled, other
than for the purpose of the right to payment of that benefit.
PART 3
GENERAL
9 Interpretation
(1) In
this Order, unless the context otherwise requires –
“beneficiary”
means the person to whom any benefit, pension or allowance is payable;
“death benefit”
means any benefit, pension or allowance which, apart from this Order, is
payable in respect of the death of any person;
“deceased”
means, in relation to any death benefit, the person in respect of whose death
that benefit, apart from this Order, is payable;
“dependency benefit”
means that benefit, pension or allowance (whether under the Law or otherwise)
which, apart from this Order, is payable to a person in respect of another person
who is an adult dependant;
“disablement pension”
includes a disablement payment on a pension basis and retired pay or a pension
in respect of any disablement, wound, injury or disease;
“Law” means
the Social
Security (Jersey) Law 1974;
“personal benefit”
means that benefit, pension or allowance (whether under the Law or otherwise)
which, apart from this Order, is payable to a person otherwise than in respect
of another person who is an adult dependant;
“personal death
benefit” means any personal benefit by way of death benefit;
“Personal Injuries
Scheme” means any scheme made under the Personal Injuries (Emergency
Provisions) Act 1939 of the United Kingdom or under the Pensions (Navy,
Army, Air Force and Mercantile Marine) Act 1939 of the United Kingdom;
“Service Pensions
Instrument” means those provisions and only those provisions of any Royal
Warrant, Order in Council or other instrument (not being a 1914–1918
War Injuries Scheme) under which a death or a disablement pension (not
including a pension calculated by reference to length of Service) and
allowances for dependants payable with either such pension may be paid out of
public funds in respect of any death or disablement, wound, injury or disease
due to service in the naval, military or air forces of the Crown or in any
nursing service or other auxiliary service of any of the said forces or in the
Home Guard or in any organization established under the control of the Defence
Council or formerly established under the control of the Admiralty, the Army
Council or the Air Council;
“specified benefits”
has the meaning assigned thereto by Article 1;
“1914–1918 War
Injuries Scheme” means any scheme made under the Injuries in War
(Compensation) Act 1914 or under the Injuries in War (Compensation)
Act 1914 (Session 2) or under the Injuries in War (Compensation)
Act 1915 or any Government scheme for compensation in respect of persons
injured in any merchant ship or fishing vessel as the result of hostilities
during the 1914–1918 War.
(2) References
in this Order to any enactment, scheme, warrant, Order, instrument or Regulations
shall include references to such enactments, scheme, warrant, Order, instrument
or Regulations as amended by any subsequent enactment, scheme, warrant, Order,
instrument or Regulations.
(3) For
the purpose of this Order, where a payment of benefit is made under the Accident
Insurance Laws, as continued in force by the Insular Insurance (Jersey)
Law 1950, to a partially disabled person who has dependants, that benefit
shall be deemed to consist of personal benefit and dependency benefit in such
proportions as the Minister may determine.
10 Citation
This Order may be cited
as the Social Security (Overlapping Benefits) (Jersey) Order 1975.