SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS ACT 1992

Similar documents
EMPLOYMENT ACT 2006 EMPLOYMENT (RECOUPMENT OF JOBSEEKER S ALLOWANCE AND INCOME SUPPORT) REGULATIONS 2010

1976 No. 615 SOCIAL SECURITY. The Social Security (Medical Evidence) Regulations 1976

Number 28 of 2010 SOCIAL WELFARE (MISCELLANEOUS PROVISIONS) ACT 2010 ARRANGEMENT OF SECTIONS. PART 1 Preliminary and General

The Child Benefit (Residence and Persons Abroad) Regulations 1976 ARRANGEMENT OF REGULATIONS

Care of Children Act 2004

ASYLUM AND IMMIGRATION (TREATMENT OF CLAIMANTS, ETC.) ACT 2004 IMMIGRATION, ASYLUM AND NATIONALITY ACT 2006

CRIMINAL JUSTICE ACTS AMENDMENT BILL 2011

Child Tax Credit Regulations 2002

Child Tax Credit Regulations 2002

THE SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS ACT 1992 THE INCOME SUPPORT (GENERAL) (ISLE OF MAN) REGULATIONS 2000 ARRANGEMENT OF REGULATIONS PART I

CHILDREN AND YOUNG PERSONS ACT 2001 Chapter 20

AS AMENDED IN THE HOUSE OF REPRESENTATIVES. Legal Supplement Part C to the Trinidad and Tobago Gazette, Vol. 43, No. 17, 30th January, 2004

An introduction to Community Legislation on Equal Treatment and the Novelties of the Recast Directive

2006 No HOUSING, ENGLAND. The Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006

The Immigration (European Economic Area) Regulations 2006

Maternity Leave (Commonwealth Employees) Act 1973

THE WEST PAKISTAN MATERNITY BENEFIT ORDINANCE, (W.P. Ordinance XXXII of 1958) C O N T E N T S

Number 34 of 1994 MATERNITY PROTECTION ACT 1994 REVISED. Updated to 23 December 2017

Employment Act CHAPTER 22

SOCIAL SECURITY (MEDICAL CERTIFICATION) (JERSEY) ORDER 1974

INTERCEPTION OF COMMUNICATIONS ACT 2001 Chapter 23

2000 No The Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000

Victims Support and Rehabilitation Act 1996

Parental Bereavement (Leave and Pay) Bill

Legal Supplement Part C to the Trinidad and Tobago Gazette, Vol. 38, No. 76, 28th April, No. 18 of 1999

c.10 Price Band A:

Nationality, Immigration and Asylum Bill

Scottish Elections (Reduction of Voting Age) Bill [AS AMENDED AT STAGE 2]

THE PAYMENT OF MEMBERS' EXPENSES ACT 1989 THE PAYMENT OF MEMBERS' EXPENSES (SPECIFIED BODIES) ORDER Coining into operation 1st March 2003

Number 11 of 1976 FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT 1976 REVISED. Updated to 2 November 2012

Armed Forces Bill. Memorandum by the Ministry of Defence for the House of Lords Delegated Powers and Regulatory Reform Committee

An Bille Cróinéirí (Leasú), 2018 Coroners (Amendment) Bill 2018

2015 No. (W. ) COUNCIL TAX, WALES. The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2015

Scottish Elections (Reduction of Voting Age) Bill [AS INTRODUCED]

ISLE OF MAN COMPANIES ACT (as amended, 2009) ARRANGEMENT OF SECTIONS PART 1 - SHARE CAPITAL

Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Bill

SUPPLEMENT No. 2 TO THE SOVEREIGN BASE AREAS GAZETTE No of 29th January 2013 LEGISLATION

Immigration, Asylum and Nationality Bill

The Child Tax Credit Regulations Statutory Instrument 2002 No. 2007

Immigration, Asylum and Nationality Bill

PP 158/13 REPORT OF THE ECCLESIASTICAL COMMITTEE OF TYNWALD ON THE DRAFT CHURCH FEES MEASURE (ISLE OF MAN)

NATIONAL LEGISLATION: THE NETHERLANDS

Welfare Reform Bill EXPLANATORY NOTES

Social Care (Self-directed Support) (Scotland) Bill [AS INTRODUCED]

Regulations on Maternity Leave, Parental Leave and Extended Parental Leave for Members of the Academic Staff

THE HIGHER EDUCATION STUDENTS' LOANS BOARD (AMENDMENT) ACT, 2007 PART I PART II

CHAPTER 11:04 PROBATION OF OFFENDERS ACT ARRANGEMENT OF SECTIONS

REPUBLIC OF TRINIDAD AND TOBAGO THE MATERNITY PROTECTION ACT, Act 4 of Arrangement of Sections PART I PRELIMINARY

THE FINANCE BILL, Arrangement of Clauses

CHURCH FEES MEASURE (ISLE OF MAN) 2014 CHURCH OFFICES MEASURE (ISLE OF MAN) 2011 CHURCH LEGAL FEES (ISLE OF MAN) ORDER 2016

Number 28 of Health (General Practitioner Service) Act 2014

H 5452 S T A T E O F R H O D E I S L A N D

STATUTORY INSTRUMENTS No MERCHANT SHIPPING SAFETY The Merchant Shipping (Stability of Passenger Ships) Regulations 1988

CRIMINAL LAW (CHILD ABDUCTION) (JERSEY) LAW 2005

Jobseekers Act CHAPTER 18 LONDON: HMSO

The Care Leavers (England) Regulations 2010

NATURAL FATHERS OF CHILDREN BORN OUT OF WEDLOCK ACT

Cohabitation Rights Bill [HL]

Savings Certificates Regulations 1991

Immigration, Asylum and Nationality Bill

Mortgaging of Aircraft Order (as amended and as applied to the Isle of Man)

PROCEDURE FOR DETAILED ASSESSMENT OF COSTS AND DEFAULT PROVISIONS

2010 No. 787 (L. 7) MAGISTRATES COURTS, ENGLAND AND WALES. The Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2010

Number 13 of 2006 PARENTAL LEAVE (AMENDMENT) ACT 2006 ARRANGEMENT OF SECTIONS

Civil Partnership Bill [HL]

NUCLEAR INSTALLATIONS (JERSEY) (VARIATION) ORDER 1987

Parenting and Support Act

BILLE NÁISIÚNTACHA AGUS SAORÁNACHTA ÉIREANN 2004 IRISH NATIONALITY AND CITIZENSHIP BILL Mar a tionscnaíodh As initiated ARRANGEMENT OF SECTIONS

Number 23 of 2012 DORMANT ACCOUNTS (AMENDMENT) ACT 2012 ARRANGEMENT OF SECTIONS. 4. Amendment of section 45 of Principal Act (reports).

House of Commons. Tuesday 23 April 2013 PUBLIC BILL COMMITTEE PROCEEDINGS CHILDREN AND FAMILIES BILL [SEVENTEENTH AND EIGHTEENTH SITTINGS]

The Children s Law Act, 1997

Financial Services Tribunal Rules 2015 (as amended 2017 and 2018)

COSTS SPECIAL CASES COSTS PAYABLE BY OR TO PARTICULAR PERSONS

Mission and Pastoral etc. (Amendment) Measure

SHOP AND OFFICE EMPLOYEES [REGULATION OF EMPLOYMENT AND REMUNERATION] ACT PART I

No. 5 of 2011 Second Session Tenth Parliament Republic of Trinidad and Tobago SENATE BILL. AN ACT to amend the Legal Aid and Advice Act, Chap.

2011 No. 55 NATIONAL HEALTH SERVICE

Mission and Pastoral etc. (Amendment) Measure

Number 16 of 1996 PROTECTION OF YOUNG PERSONS (EMPLOYMENT) ACT 1996 REVISED. Updated to 30 June 2018

The Employment Law Changes Introduced on 6 April 2012

Housing (Overcrowding) Bill

15. Amendment of Family Law (Maintenance of Spouses and Children) Act, 1976.

Cohabitation Rights Bill [HL]

MANX MUSEUM AND NATIONAL TRUST (AMENDMENT) BILL 2011

GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA CONTENTS. Promulgation of Combating ofrapeact, 2000 (Act 8 of2000), of the Parliament...

Welfare Reform Bill CONTENTS [AS AMENDED IN GRAND COMMITTEE] PART 1 UNIVERSAL CREDIT CHAPTER 1 ENTITLEMENT AND AWARDS.

Immigration, Asylum and Nationality Act 2006

Number 5 of Health (Amendment) Act 2017

NC General Statutes - Chapter 30 Article 4 1

IRISH NATIONALITY AND CITIZENSHIP ACT, 2001

Country Code: MS 2002 Rev. CAP Reference: 19/1979. Date of entry into force: April 1, 1980 (SRO 8/1980)

Student ID. Address. New Jersey Institute of Technology Office of the Registrar Application for New Jersey Resident Status

IN THE COURT OF APPEAL BETWEEN AND AND

2017 No CREMATION, ENGLAND AND WALES. The Cremation (England and Wales) (Amendment) Regulations 2017

Legal Aid (Amendment) 1 A BILL. i n t i t u l e d. An Act to amend the Legal Aid Act [ ]

CHAPTER 10 - INDUSTRIAL COMMISSION SUBCHAPTER 10A - WORKERS' COMPENSATION RULES SECTION ADMINISTRATION

Succession (Scotland) Bill

CONTRIBUTORY PENSIONS AMENDMENT ACT 2008 BERMUDA 2008 : 35 CONTRIBUTORY PENSIONS AMENDMENT ACT 2008

Number 22 of 1981 FAMILY LAW ACT 1981 REVISED. Updated to 30 June 2016

. Transfer of powers and duties to and from Minister. 4. Consultative councils.

Transcription:

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 19921 (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 2011. 2 Commencement If approved by Tynwald3, subject to regulation 4, these Regulations come into operation on 1 April 2011. 3 Amendment of the Maternity and Funeral Expenses (General) (Isle of Man) Regulations 2007 (1) The Maternity and Funeral Expenses (General) (Isle of Man) Regulations 20074 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

(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;

(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-

(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. 852/10. -4-

(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, 500.00 in respect of each child or still-born child.".

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 19876 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-

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 6,000. 2.4 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.

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. 3.3.2 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.