Social
Security (Parental Benefit) (Jersey) Order 2020
PART 1
Preliminary
1 Interpretation
In this Order –
“Law” means the Social Security (Jersey)
Law 1974;
“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 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(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.[1]
(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 adoption date as defined
in Article 22A of the Law.[2]
7A Payment of parental
allowance under Article 22B of the Law[3]
(1) This
Article applies if Article 22B (additional period for which parental
allowance is payable – child requiring urgent medical care) of the Law applies
in respect of a child.
(2) If
the determining officer is notified by a hospital that the child required
urgent medical care there, for a relevant period, paragraph (3) applies.
(3) The
determining officer must notify a parent entitled to
payment of the parental allowance, in writing, of the additional number of
weeks for which the parental allowance is payable, calculated in accordance
with Article 22B of the Law.
(4) In
this Article, “relevant period” means the total days of urgent medical care
specified in the tables in Article 22B of the Law required by a
child –
(a) born in or after the 38th week of pregnancy; or
(b) born in or before the 37th week of pregnancy.
8 Nomination of parents
and period specified for payment of parental allowance[4]
(1) If
2 parents are entitled to the payment of the parental allowance in respect of a
child they must –
(a) nominate 1 or both of them to be paid the parental allowance;
(b) specify the period of weeks for which the parental allowance is
to be paid to a nominated parent.[5]
(2) The
period of weeks specified must be made for blocks of no less than 2 consecutive
weeks.[6]
(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 weeks, unless the
parental allowance is payable for a further number of weeks because Article 22B
of the Law applies in respect of the child.[7]
(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 specified weeks,
provided that the total number of specified weeks for both parents does not
exceed 32.[8]
(4A) But
if Article 22B of the Law applies in respect of the child, an additional
number of specified weeks may be added to the previously specified period of 26
or 32 weeks.[9]
(5) A
payment of parental allowance will not be made to a parent for a specified week
unless, during that specified week, that parent is responsible for the
upbringing of the child.[10]
(6) Despite
the requirement in paragraph (5), the parental allowance is still payable –
(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, and has been so for less than 12 weeks; or
(b) if the child has died.[11]
(7) A
parent may change the dates of their own specified weeks by giving 28 days’
notice to the determining officer.[12]
(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 22D(f) 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.[13]
(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 [14]
14 [15]
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.