Social Security
(Death Grant) (Jersey) Order 1974[1]
1 Interpretation
In this Order, unless the context otherwise requires –
“deceased” has the
same meaning as in Article 26 of the Law;
“Law” means the Social Security (Jersey) Law 1974;
“relevant person”
and “relevant quarter” have
the same meanings as in paragraph 7 of Schedule 2 to the Law.
2 Deaths
occurring outside Jersey[2]
Subject to the provisions of the Law and this Order, a death grant
shall be payable in respect of a death occurring outside Jersey if the relevant
contribution conditions are satisfied and immediately before death the
deceased –
(a) made contributions in
pursuance of –
(i) Articles 3
or 4 of the Social Security (Residence and Persons Abroad)
(Jersey) Order 1974,
(ii) Article 2
of the Social Security (Mariners)
(Jersey) Order 1974, or
(iii) Article 2
of the Social Security (Airmen)
(Jersey) Order 1974; or
(b) was entitled to a
benefit under the Law (other than a maternity grant or death grant) at the
maximum rate for that benefit;
(c) was the husband, wife,
civil partner or child (to whom Article 26(1) of the Law applies) of, and
resident with, a person who, had he or she then died, would have satisfied the
conditions in paragraph (a) or (b); or
(d) was resident in Jersey
and the death occurs not more than 6 months from the date when the deceased
last left Jersey.
3 Children
and stillbirth[3]
(1) Subject to the Law, a
death grant is payable in respect of a deceased person who was a stillborn child,
or who was at death a child, if a parent of the deceased satisfies the relevant
contribution conditions.
(2) This Article applies
even if the deceased was not at death a child of the family (as defined in
Article 26 of the Law) of that parent.
4 Persons
in full time educational training and incapacitated persons
Where the deceased was at death over the age of 16 years but
not yet 21 years of age, and was undergoing full-time education or training or
was permanently incapable of work, a death grant shall be payable if the
relevant contribution conditions are satisfied by either –
(a) a parent (including a person
who has adopted a child within the meaning of the Adoption (Jersey) Law 1961) of the deceased; or
(b) a person who,
immediately before the deceased’s death, was wholly or mainly maintaining
the deceased.
5 Absence
from Jersey
A person shall not be disqualified for receiving a death grant by
reason of being absent from Jersey.
6 Imprisonment
and detention in legal custody
A person shall not be disqualified for receiving a death grant by
reason of undergoing a period of imprisonment or detention in legal custody,
but the payment of the grant shall be suspended during any such period:
Provided that the grant may nevertheless be paid during any such
period to any person appointed by the Minister to receive and deal with any sum
payable on behalf of the beneficiary on account of the grant, and the receipt
of any person so appointed shall be a good discharge to the Minister and the
Social Security Fund for any sum so paid.
7 Right
to death grant not to be extinguished in certain cases of suspension of death
grant
Where, by virtue of Article 6 of this Order, payment of a death
grant is suspended for any period, the first 12 months, or such longer part of
the period of suspension as the Minister may decide in the circumstances of any
particular case, shall not be taken into account in calculating any period
under the provisions of Article 14 of the Social Security (Claims and Payments) (Jersey)
Order 1974.
8 Priority
of 2 or more claimants satisfying the conditions for death grant, and provision
for suspension of proceedings
(1) Subject to the
provisions of the Law and this Order, where 2 or more claimants satisfy the
conditions for receipt of a grant in respect of the same death, that claimant
shall be entitled to the grant who is the executor or administrator of the
deceased’s estate or, where such a person has not been appointed, who has
incurred the expense of the actual burial or cremation, and who –
(a) in
the case of the death of the relevant person (being married or in a civil
partnership), is the widow or widower, or the surviving civil partner, as the
case may be, of that person;
(b) in
the case of the death of the relevant person (being unmarried and not in a
civil partnership), is a parent of that person;
(c) in
the case of the death of the husband or wife or civil partner of the relevant
person, is the relevant person; or
(d) in
the case of the death of a child of the family of the relevant person, is the
relevant person.[4]
(2) Where in the case of 2
or more such claimants entitlement to death grant cannot be determined under paragraph (1),
the Minister shall decide which one of them shall be entitled to the grant, and
for that purpose shall pay regard to the written nomination (if any), made by
the claimants or a majority of them, of one of their number to be the recipient
of the grant, and to all the other circumstances of the case.
(3) The Minister may in the
Minister’s discretion suspend any proceedings on a claim for a death
grant, other than a claim by any such claimant as is specified in paragraph (1),
for a period not exceeding one month from the date on which the claim was made,
where it has reason to suppose that another claim may be or may have been made
in respect of the same death by a person having a prior right by virtue of this
Article.
9 Citation
This Order may be cited as the Social Security (Death Grant)
(Jersey) Order 1974.