Social Security
(Airmen) (Jersey) Order 1974[1]
1 Interpretation
In this Order,
unless the context otherwise requires –
“airman” means a person who is or has been employed
under a contract of service either as pilot, commander, navigator or member of
the crew of any aircraft, or in any other capacity on board any aircraft
where –
(a) the
employment in that other capacity is for the purposes of the aircraft or its
crew or of any passengers or cargo or mails carried thereby; and
(b) the
contract is entered into in Jersey with a view to its performance (in whole or
in part) while the aircraft is in flight;
“determining authority” means, as the case may require,
the determining officer or the Social Security Tribunal;
“employed as aircrew” means employed as pilot, commander
navigator or member of the crew of any aircraft;
“Law” means the Social Security (Jersey) Law 1974;
“local aircraft” means any aircraft registered in the
United Kingdom of which the owner (or managing owner if there is more than one
owner) resides or has the owner’s principal place of business in Jersey,
and references to the owner of an aircraft, shall, in relation to an aircraft
that has been hired, be taken as referring to the person for the time being
entitled as hirer to possession and control of the aircraft by virtue of the
hiring or any subordinate hiring.
2 Insurance
of airmen
(1) Subject to the
provisions of paragraph (2), where an airman –
(a) is
employed as an airman on board any local aircraft; or
(b) is
employed as aircrew on board any other aircraft and the remuneration in respect
of that employment is paid by an employer whose principal place of business is
in Jersey,
then, notwithstanding that the airman does not fulfil the conditions
of Article 3 of the Law, the airman shall be insured under the Law, and the
airman’s employment shall be treated as an employed person’s
employment.
(2) Notwithstanding the
provisions of paragraph (1), an airman employed as aircrew who neither is
domiciled nor has a place of residence in Jersey, the United Kingdom, the
Bailiwick of Guernsey or the Isle of Man shall be excepted from insurance in
respect of that employment.
3 Accidents
happening outside Jersey
(1) Incapacity benefit
shall be payable, subject to and in accordance with the provisions of the Law,
in respect of an accident arising out of and in the course of the employment of
any person as an airman notwithstanding that the accident happens to the person
outside Jersey.[2]
(2) [3]
(3) Paragraph (1)
shall be extended to any person who, in the course of the person’s
employment, is on board an aircraft on a test flight starting in Jersey,
whether or not the person is an airman within the meaning of this Order.[4]
(4) For the purposes of
this Article, an accident shall be deemed to arise out of and in the course of
the employment of a person as an airman –
(a) where,
having been left outside Jersey on account of illness, injury, risk of
infection or loss of or damage to the aircraft in which the person was
employed, the accident happens to the person while subsequently returning to Jersey
at the expense of the employer in whose service the person was up to the time
of being so left, notwithstanding that during that time the person renders no
services and receives no wages, but only if the accident would have been deemed
so to have arisen had the return journey been undertaken in pursuance of an
obligation under the person’s contract of service with the employer
aforesaid; or
(b) where
the accident happens while the airman is taking steps on an actual or supposed
emergency on or in connection with any aircraft to rescue, succour or protect
persons who are, or are thought to be or possibly to be, injured or imperilled,
or to avert or minimise serious damage to property.
4 Removal
of disqualification in the case of airmen for receiving benefit whilst absent
from Jersey
(1) Subject to the
provisions of Articles 7(1) and 8(1) of the Social Security (Incapacity Benefits) (Jersey)
Order 2004, an airman who is or has been employed as aircrew or who is or has
been under contract to travel at his or her employer’s expense for the
purpose of commencing such employment shall not, by reason of the airman being
absent from Jersey, be disqualified on any day for receiving incapacity benefit
if, on such day or days, the airman has been left outside Jersey –
(a) on
account of any hurt or injury received or any illness suffered, by the airman
whilst so employed or under contract so to travel; or
(b) in
consequence of any action taken while the airman is or was so employed or under
contract so to travel, for the purpose of preventing infection.[5]
(2) Where by virtue of this
Article an airman is not disqualified for receiving benefit although absent
from Jersey, he or she shall not be disqualified for receiving any increase
(where payable) of any such benefit in respect of his or her spouse by reason
of the spouse being absent from Jersey, provided that the spouse is residing
with the airman.
5 Suspension
of payment of benefit to airmen whilst absent from Jersey
The payment to an airman of benefit to which the provisions of Article 3
or Article 4 apply shall, unless the Minister in any particular case
otherwise determines, be suspended while the airman is absent from Jersey,
unless the airman has nominated a person in Jersey (who is approved by the
Minister) to receive payment of the benefit on the airman’s behalf.
6 Extinguishment
of right of airmen to receive payment of benefit
Where an airman has failed to obtain payment of benefit within the
period of 2 years specified in Article 14(1) of the Social Security (Claims and Payments) (Jersey)
Order 1974, and the airman’s failure is due to the fact that the airman
was absent from Jersey by reason of the airman’s employment as an airman,
that paragraph shall apply to the airman with the substitution for the said period
of 2 years of such a period as the Minister may, in any particular case,
determine.[6]
7 Evidence
(1) For the purpose of any
claim for incapacity benefit by or in respect of an airman, evidence may be
taken –
(a) in
any part of the Commonwealth or the Republic of Ireland before a judge or
magistrate or by a superintendant within the meaning of the Merchant Shipping
Act 1894 of the United Kingdom;
(b) in a
foreign country, by a British Consular Officer.[7]
(2) For the purpose of any
claim for incapacity benefit by an airman employed as aircrew, evidence of
incapacity may be furnished by such means as the determining authority may
accept as sufficient in the circumstances of any particular case.[8]
8 Offences
If any person contravenes or fails to comply with any requirement of
this Order in respect of which no special penalty is provided, the person
shall, for each offence, be liable to a
penalty of level 2 on the standard scale, or where the offence consists of
continuing any such contravention or failure after conviction thereof, a
penalty of level 2 on the standard scale, together with a further penalty
of level 1 on the standard scale for each day on which it is continued.[9]
9 Application
of the Law and Orders
The provisions of the Law and of the Orders made thereunder shall,
so far as they are not inconsistent with the provisions of this Order, apply to
an airman with the modification, that, where an airman is, on account of the
airman being outside Jersey by reason of the airman’s employment as an
airman, unable to perform an act required to be done either forthwith or on the
happening of a certain event or within a specified time, the airman shall be
deemed to have complied therewith if the airman performs the act as soon as is
reasonably practicable, although after the happening of the event or the
expiration of the specified time.
10 Citation
This Order may be cited as the Social Security (Airmen) (Jersey)
Order 1974.