Invalid Care Allowance (Jersey) Order 2008 Arrangement INVALID CARE ALLOWANCE (JERSEY) ORDER 2008 Arrangement Article PART 1 3 PRELIMINARY 3 1 Interpretation... 3 PART 2 4 RESIDENCE AND PRESENCE 4 2 Requirements to be satisfied... 4 3 Members of Forces, etc.... 4 4 Temporary absences... 4 PART 3 4 INCOME 4 5 Manner of determining income... 4 6 Income of year prior to claim to be considered... 5 PART 4 5 INVALID CARE ALLOWANCE 5 7 Relationship of person entitled to allowance... 5 8 Only one person to be entitled to allowance in respect of the same person... 5 9 Requirements regarding caring for a severely disabled person... 5 10 Persons receiving full-time education... 6 11 Persons gainfully employed... 6 PART 5 6 CLAIMS AND PAYMENTS 6 Page - 1
Arrangement Invalid Care Allowance (Jersey) Order 2008 12 Manner in which claims are to be made... 6 13 Information in support of a claim... 7 14 Persons unable to act... 7 15 Method of payment of allowances... 7 16 Circumstances under which allowances cease to be payable... 8 17 Notification of change of circumstances... 8 PART 6 8 DETERMINATION OF CLAIMS 8 18 Functions of determining officers... 8 19 Reconsideration by second determining officer... 9 20 Appeals to Social Security Tribunal... 9 21 Appeals and references to Royal Court... 9 PART 7 10 MISCELLANEOUS 10 22 Revocation... 10 23 Citation... 10 Page - 2
Invalid Care Allowance (Jersey) Order 2008 Article 1 INVALID CARE ALLOWANCE (JERSEY) ORDER 2008 Made 21st January 2008 Coming into force 28th January 2008 THE MINISTER FOR SOCIAL SECURITY, in pursuance of Articles 2, 8, 9, 15 and 16 of the Invalid Care Allowance (Jersey) Law 1978 1, orders as follows PART 1 PRELIMINARY 1 Interpretation In this Order, unless the context otherwise requires airman has the same meaning as in the Social Security (Airmen) (Jersey) Order 1974 2 ; allowance means an allowance payable under Article 2 of the Law; claimant means a person in respect of whom a claim for an allowance has been made; determining officer means a person appointed as such under Article 8 of the Law; Law means the Invalid Care Allowance (Jersey) Law 1978 3 ; mariner has the same meaning as in the Social Security (Mariners) (Jersey) Order 1974 4 ; member of the Forces means any person who is a member of any of the Forces or Organizations listed in the Schedule to the Social Security (Members of the Forces) (Jersey) Order 1974 5. Page - 3
Article 2 Invalid Care Allowance (Jersey) Order 2008 PART 2 RESIDENCE AND PRESENCE 2 Requirements to be satisfied Subject to this Part, the requirements as to residence and presence in Jersey that must be satisfied by a person claiming an allowance in respect of any day are that the person is ordinarily resident in Jersey; is present in Jersey on that day; and has been present in Jersey for a period of, or periods amounting in the aggregate to, not less than 26 weeks in the 12 months immediately preceding that day. 3 Members of Forces, etc. For the purposes of Article 2 and, a person who is absent from Jersey on any day shall be treated as being present in Jersey if on that day the person is a member of the Forces, a mariner or an airman, or is living with a member of the Forces, a mariner or an airman, and is that person s spouse, son, daughter, father, father-in-law, mother or mother-in-law. 4 Temporary absences For the purposes of Article 2 and, a person who is absent from Jersey on any day shall be treated as being present in Jersey on that day if the person s absence on that day is temporary and has not exceeded a continuous period of 28 days; or is for the specific purpose of his or her caring for the severely disabled person. PART 3 INCOME 5 Manner of determining income (1) For the purposes of the Law, a person s total income for any year shall be taken to be his or her total income less any social security benefit or allowance payable to him or her by virtue of any enactment, including any enactment of any part of the British Islands. (2) For the purposes of this Article, a person s income shall be deemed to include that of his or her spouse (unless they are living separately under a formal agreement) or that of a person with whom he or she is in a marriage-like relationship (whether or not both persons are of different sexes). Page - 4
Invalid Care Allowance (Jersey) Order 2008 Article 6 (3) If it appears to the Minister that any person has directly or indirectly deprived himself or herself or any other person of any income, including income arising from property, in order to qualify for the receipt of an allowance for which the person would not otherwise qualify, then the amount of that income shall be included in his or her total income. 6 Income of year prior to claim to be considered In determining whether or not the income of a person exceeds the maximum income level, a determining officer shall have regard only to the person s total income for the calendar year preceding the date on which payment of an allowance is to be made. PART 4 INVALID CARE ALLOWANCE 7 Relationship of person entitled to allowance Subject to the Law and to Article 8 of this Order, for the purposes of Article 2(1) of the Law, a person is a prescribed person if he or she is caring for a severely disabled person, whether or not they are related. 8 Only one person to be entitled to allowance in respect of the same person (1) Not more than one person shall, for any period, be entitled to an allowance in respect of the same severely disabled person and where, but for this paragraph, 2 or more persons would be entitled to such an allowance those persons may, by notice in writing delivered to the Minister, appoint one of them to receive the allowance; or in the absence of any such appointment, the allowance shall be payable to such of those persons or such other person as a determining officer may appoint. (2) Where an allowance has previously been paid to any other person for any period, no further allowance shall be payable in respect of that period to any person who subsequently becomes entitled to the allowance under this Article unless the allowance previously paid has been recovered under Article 10 of the Law. 9 Requirements regarding caring for a severely disabled person (1) For the purposes of Article 2(1) of the Law, a person shall be treated as regularly and substantially engaged in caring for a severely disabled person if the person is, or is likely to be, so engaged for a period of not less than 35 hours per week. Page - 5
Article 10 Invalid Care Allowance (Jersey) Order 2008 (2) However, the requirements of paragraph (1) shall be treated as being satisfied if they have ceased to be satisfied only temporarily and they have been satisfied for at least 42 weeks of the preceding year and would have been satisfied for at least 50 weeks of that year but for the fact that that person, or the severely disabled person for whom the person was caring, was undergoing medical or other treatment as an in-patient in a hospital or similar institution during that period; or they are likely to be satisfied for at least 42 weeks of the following year. 10 Persons receiving full-time education For the purposes of Article 2 of the Law, a person shall be treated as receiving full-time education for any period in respect of which the Minister is satisfied that the person is receiving full-time education at a school, college, university or similar establishment. 11 Persons gainfully employed (1) For the purposes of Article 2 of the Law, a person shall be treated as gainfully employed in any week where his or her earnings for that week have exceeded 75% of the weekly equivalent of the lower threshold level. (2) However, a person s earnings in excess of 75% of the weekly equivalent of the lower threshold level shall be disregarded for any week up to a maximum of 6 weeks in any period of 12 months if that week is one throughout which the person is absent from his or her place of employment with the authority of his or her employer; or for any week which, in pursuance of Article 9(2), is treated as a week in which that person satisfies the requirements of that subparagraph. (3) In paragraph (1), lower threshold level has the same meaning as in Article 1(6) of the Social Security (Jersey) Law 1974 6. PART 5 CLAIMS AND PAYMENTS 12 Manner in which claims are to be made (1) Every claim for an allowance shall be made to the Minister in writing on a form approved by the Minister, or in such other manner, being in writing, as the Minister may accept as sufficient in the circumstances of any particular case. (2) If a claim is defective at the date when it is received or has been made in writing but not on the form approved for the time being, the Minister may refer the claim to the claimant or, as the case may be, supply him or her Page - 6
Invalid Care Allowance (Jersey) Order 2008 Article 13 with the approved form, and if the form is received properly completed within such time as the Minister considers reasonable having regard to the circumstances of the case, the Minister shall treat the claim as if it had been duly made in the first instance. (3) A claim is treated as having been made on the day on which it is received by the Minister at an office approved by the Minister for the receiving of claims. (4) A claimant may amend a claim at any time before the claim is determined, by notice in writing to the Minister, and any claim so amended may be treated as if it had been made as so amended in the first instance. 13 Information in support of a claim Every claimant shall furnish such certificates and other documents and information as the Minister may require in connection with the claim and, if reasonably so required, shall for that purpose attend at such office or other place as the determining officer may direct. 14 Persons unable to act (1) In the case of a claimant who is unable to act who has not been received into guardianship in pursuance of a guardianship application under Article 14 of the Mental Health (Jersey) Law 1969 7 ; does not have a curator appointed under Article 43 of that Law to manage and administer his or her property and affairs; and does not have a tuteur, the Minister may, on receipt of a written application, appoint a person to act on the claimant s behalf. (2) However, such appointment shall terminate (d) if the claimant is received into guardianship, or has a curator or tuteur appointed; at the request of the person seeking appointment; if revoked by the Minister; or if the claimant becomes able to act. 15 Method of payment of allowances An allowance shall be payable monthly in advance and shall be paid by means of cheques or vouchers sent to the claimant; or in such other manner as the Minister may, in any particular case or class of cases, determine. Page - 7
Article 16 Invalid Care Allowance (Jersey) Order 2008 16 Circumstances under which allowances cease to be payable (1) An allowance shall cease to be payable for any person for any period during which the person ceases to satisfy any of the requirements of the Law or of this Order; for any period of more than 28 days during which the person is provided with board and lodging at public expense; or on the person s death. (2) For the purposes of paragraph (1), 2 or more distinct periods separated by one or more intervals not exceeding 28 days shall be treated as a single continuous period. 17 Notification of change of circumstances Where any person for whom an allowance is payable or in respect of whom a claim has been made (d) no longer requires attention or supervision to the same extent as when the award was allowed or the claim made; is admitted to accommodation at the expense of a public authority; leaves Jersey (unless treated as present in Jersey under Part 2); or undergoes any other change of circumstances affecting the person s right to an allowance, that person or any person appointed to act on his or her behalf shall inform the Minister in writing of the change of circumstances as soon as practicable after it occurs, and shall furnish to the Minister in such manner and within such time as the Minister may specify such information as the Minister may require. PART 6 DETERMINATION OF CLAIMS 18 Functions of determining officers (1) A claim for an allowance shall be determined by a determining officer and where required under Article 19, redetermined by a second determining officer. (2) Notice of every determination of a determining officer shall be given in writing to the claimant or any person acting on his or her behalf, in accordance with the following provisions of this Article. (3) Where an allowance has been awarded the notice shall specify the period for which the allowance has been awarded; the manner and method of payment of the allowance; and such other particulars as may be determined by the Minister. Page - 8
Invalid Care Allowance (Jersey) Order 2008 Article 19 (4) Where a claim has been disallowed, the notice shall state the grounds for the disallowance and shall advise the claimant or any person acting on his or her behalf of his or her right in the case of a disallowance by the first determining officer, to have the matter reconsidered by a second determining officer in accordance with Article 19 and that if the right is not exercised there is no further right of appeal; in the case of a disallowance by the second determining officer, to appeal to the Social Security Tribunal in accordance with Article 20. (5) Any notification under this Article is treated as duly sent to a person if sent to the person s usual or last known address. (6) Where the determining officer or, in the case of a redetermination, the second determining officer, has determined that the claimant is entitled to an allowance he or she shall allow payment to be made. 19 Reconsideration by second determining officer If a claimant is dissatisfied with a first determination under Article 18, he or she may require the matter to be reconsidered by a second determining officer at any time within 21 days of receiving notice of the determination. 20 Appeals to Social Security Tribunal A person aggrieved by a decision of the second determining officer under Article 19 may appeal to the Social Security Tribunal in accordance with the time limits and procedure for appeals to that Tribunal set out in Part 2 of the Social Security (Determination of Claims and Questions) (Jersey) Order 1974 8 as if the appeal was in respect of any matter determined in accordance with that Order. 21 Appeals and references to Royal Court (1) A person aggrieved by a decision of the Social Security Tribunal under this Part may appeal to the Royal Court on a point of law. (2) The Social Security Tribunal or a determining officer may refer any point of law to the Royal Court for the court to give a ruling on the point. (3) In this Article Royal Court means the Inferior Number of the Royal Court. Page - 9
Article 22 Invalid Care Allowance (Jersey) Order 2008 PART 7 MISCELLANEOUS 22 Revocation The Invalid Care and Disability Allowances (General Provisions) (Jersey) Order 1978 9 is revoked. 23 Citation This Order may be cited as the Invalid Care Allowance (Jersey) Order 2008 and shall come into force on 28th January 2008. SENATOR P.F. ROUTIER Minister for Social Security Page - 10
Invalid Care Allowance (Jersey) Order 2008 Endnotes 1 chapter 26.600 2 chapter 26.900.04 3 chapter 26.600 4 chapter 26.900.42 5 chapter 26.900.50 6 chapter 26.900 7 chapter 20.650 8 chapter 26.900.28 9 R&O.6552 (chapter 26.600.60) Page - 11