SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS ACT 1992

Transcription

1 Statutory Document No. 76/11 SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS ACT 1992 MATERNITY AND FUNERAL EXPENSES (GENERAL) (ISLE OF MAN) (AMENDMENT) REGULATIONS 2011 Approved by Tynwald 15th March 2011 Coming into operation in accordance with regulation 2 The Department of Social Care makes these Regulations under sections 138 and 175 of the Social Security Contributions and Benefits Act (as it has effect in the Isle of Man2). I Title These Regulations are the Maternity and Funeral Expenses (General) (Isle of Man) (Amendment) Regulations Commencement If approved by Tynwald3, subject to regulation 4, these Regulations come into operation on 1 April Amendment of the Maternity and Funeral Expenses (General) (Isle of Man) Regulations 2007 (1) The Maternity and Funeral Expenses (General) (Isle of Man) Regulations are amended as follows. (2) In regulation 3(1) (interpretation) ' 1992 c.4. 2 See S.D. 505/94. 3 As required by section 176 of the Social Security Contributions and Benefits Act 1992 as it has effect in the Isle of Man (see S.D. 505/94). 4 S.D. 500/07. Price: 1.70 Band: A

2 (a) in the definition of "confinement", for "issue" in both places substitute "birth"; (b) for the definition of "the Department" substitute ""the Department" means the Department of Social Care;"; and (c) insert in the appropriate places the following definitions "adoption agency" has the meaning given in section 58(1) of the Adoption Act 1984 (of Tynwald);"; ""adoption order" means an order made under section 1 of the Adoption Act 1984 (of Tynwald);"; //// guardian" means a person appointed as a guardian under section 6 or 7 of the Children and Young Persons Act 2001 (of Tynwald);"; ""parental order" means an order made under section 89 of the Children and Young Persons Act 2001 (of Tynwald);"; //// qualifying order" has the meaning given in regulation 3A(6);"; and ""residence order" means a residence order as defined in section 11 of the Children and Young Persons Act 2001 (of Tynwald);". (3) After regulation 3(1) insert "(1A) References in these Regulations to (a) section 1, 28 or 58 of the Adoption Act 1984 (of Tynwald); or (b) section 6, 7, 11 or 89 of the Children and Young Persons Act 2001 (of Tynwald), are taken to include a reference to any provision of another law of the British Islands that has the same effect as the section.". (4) For regulation 4 (provision against double payment) substitute "Provision against double payment: maternity payments 3A. (1) In this regulation (a) "C" is the child in respect of whom a maternity payment has been claimed;

3 (b) "first payment" is a first maternity payment in respect of C; (c) "second payment" is a second maternity payment in respect of C. (2) Subject to paragraph (3), a second payment may not be awarded if a first payment has been awarded. (3) A second payment may be awarded to a person ("P") if the following conditions are satisfied. (4) The first condition is that P (a) alone, or together with another person, has been granted a qualifying order; or (b) falls within regulation 5(3)(b), (d), (e) or (f). (5) The second condition is that P (a) has not already received a first payment; or (b) was not, at the time a first payment was claimed, a member of the family of a person to whom a first payment has been paid. (6) A qualifying order is one of the following types of order (a) an adoption order; (b) a parental order; (c) a residence order. Provision against double payment: funeral payments 4. (1) Subject to paragraph (2) and without prejudice to regulation 9(3) (funeral payment must have been made in respect of the death of a person for entitlement to an additional funeral payment to arise in respect of the death of that person), no funeral payment or additional funeral payment shall be made under these Regulations if such a payment has already been made in respect of any funeral expenses arising from the death of the same person. (2) A further additional funeral payment may be made in respect of any funeral expenses arising from the death of a person in respect of which such a payment has already been made where-

4 (a) the decision pursuant to which the funeral payment was awarded has been revised; and (b) the further amount of the award as revised, together with the amount of the funeral payment already paid in respect of the death of that person, does not exceed the amount of any funeral payment which may be awarded pursuant to regulation 11.". (5) For regulation 55 (entitlement) substitute "Entitlement: maternity payments 5. (1) Subject to regulation 6 (trade disputes) and Part IV (capital limit: maternity payment and additional funeral payment), a payment to meet maternity expenses under section 138(1)(a) of the Contributions and Benefits Act (referred to in these Regulations as a "maternity payment") shall be made in respect of a child or still-born child where the following conditions are satisfied. (2) The first condition is that the claimant or the claimant's partner has, in respect of the date of the claim for a maternity payment, been awarded (a) income support; (b) an income-based jobseeker's allowance; (c) family income supplement; or (d) disability working allowance. (3) The second condition is that (a) the claimant or, if the claimant is a member of a family, one of the family is pregnant or has given birth to a child or a stillborn child; (b) the claimant is the parent (but not the mother) of a child not exceeding the age of twelve months at the date of the claim and is responsible for the child and the child's parents are not partners at the date of the claim; (c) the claimant or the claimant's partner ' Regulation 5 was amended by regulation 2(2)(a) of S.D. 115/08 and regulation 3(2) of S.D. 852/

5 (i) has been granted a qualifying order in respect of a child who does not exceed the age of twelve months at the date of the claim, and (ii) is responsible for the child; (d) the claimant or the claimant's partner- (i) has been appointed the guardian of a child who does not exceed the age of twelve months at the date of the claim, and (ii) is responsible for the child; (e) a child who does not exceed the age of twelve months at the date of the claim has been placed for adoption with the claimant or the claimant's partner by an adoption agency and the claimant or the claimant's partner is responsible for the child; or (f) the claimant or the claimant's partner has adopted a child who does not exceed the age of twelve months at the date of the claim and that adoption falls within section 28(1)(cc) to (e) of the Adoption Act 1984 (of Tynwald) (meaning of adoption). (4) The third condition is that the claim is made within the prescribed time for claiming a maternity payment. (5) The amount of a maternity payment shall be (a) where (i) a maternity payment ("A") has previously been made to the claimant or the claimant's partner, and (ii) the date of claim in respect of which entitlement to A arose fell on any day in the period of 3 years immediately preceding the date of the claim for another maternity payment ("B"), in the case of B, 250 in respect of each child or still-born child; and (b) in any other case, in respect of each child or still-born child.".

6 4 Transitional provision Regulation 3 shall not have effect in relation to any claim for a maternity payment the date of claim for which falls before 1 April 2011 (see regulation 6 of the Social Security (Claims and Payments) Regulations as they have effect in the Isle of Man). Made Minister for Social Care EXPLANATORY NOTE (This note is not part of the Regulations) 1. Introduction 1.1 These Regulations amend the Maternity and Funeral Expenses (General) (Isle of Man) Regulations 2007 ("the Maternity and Funeral Expenses Regulations"). They come into operation on 1st April 2011 and have effect in relation to claims for a maternity payment made on or after that date. 1.2 These Regulations extend the categories of persons eligible for a maternity payment. They also provide that a maternity payment of 250 or 500 (as the case may be) will be payable in respect of each child born or still-born where a woman gives birth to more than one child at a time or has more than one stillborn child, rather than only one payment being made (as is currently the case). 6 S.I. 1987/1968 (see S.D. 360/98). -6-

7 2. Current position 2.1 Part II of the Maternity and Funeral Expenses Regulations provides that a payment may be made towards meeting a person's maternity expenses (called a "maternity payment") if at the time they make their claim for a payment they or their partner are receiving an income-related benefit. 2.2 To qualify for a maternity payment the claimant or a member of their family (for the purposes of the Maternity and Funeral Expenses Regulations) must- - be pregnant and expect to give birth within the next 11 weeks, or have given birth within the last 3 months; or the claimant or their partner must have adopted a child not older than 12 months; or the claimant and the claimant's spouse must have been granted an order in respect of a child pursuant to section 89 of the Children and Young Persons Act 2001 (of Tynwald) (parental orders in favour of donors). 2.3 Also, the claimant and their partner's capital together must not exceed 6, The amount of maternity payment currently payable is in the case of a person who has (or whose partner has) already received a maternity payment in the 3 years before they make their new claim, 250; and 500 otherwise, regardless of the number of children born or still-born at the time. 3. The effect of these Regulations 3.1 Regulation 1 gives the Regulations their title. 3.2 Regulation 2 provides for the Regulations' commencement. 3.3 Regulation 3 amends regulation 3 and replaces regulations 4 and 5 of the Maternity and Funeral Expenses Regulations.

8 3.3.1 New regulation 5 of the Maternity and Funeral Expenses Regulations (as substituted by regulation 3(5)) adds to those persons eligible for a maternity payment people awarded residence orders in respect of a child under section 11 of the Children and Young Persons Act 2001 (of Tynwald); prospective adopters with whom a child is placed pending adoption; people adopting under certain orders granted outside the Isle of Man; and guardians It also provides that in the case of multiple births, a maternity payment of 250 or 500 (as the case may be) will be payable in respect of each child. Currently, only one maternity payment is made in respect of multiple births. 3.4 Regulation 3(4) recasts the provision against double payment of maternity payments and funeral payments to reflect the changes made by regulation 3(5). See new regulations 3A and 4 of the Maternity and Funeral Expenses Regulations. 3.5 Regulation 3(2) and (3) amend the interpretation provisions found in regulation 3 of the Maternity and Funeral Expenses Regulations corresponding to the changes made by the Regulations. 3.6 Regulation 4 provides that the changes made by regulation 3 shall not have effect in relation to any claim for a maternity payment made before 1st April 2011.