Christmas Bonus (Jersey) Law 2011

Christmas Bonus (Jersey) Law 2011 Arrangement Article 1 Interpretation . 3 2 Entitlement to Christmas bonus . 3 3 Amount of bonus . 4 4 Bonus not treated as benefit or income . 4 5 Claims, payments and administration . 4 6 Offences . 5 7 Power to amend . 6 8 Repeal 6 9 Citation and commencement 6 SCHEDULE 1 7 Requirements as to Qualifying benefits 7 1 Qualifying benefits . 7 2 Requirements . 7 SCHEDULE 2 8 Administrative Provisions 8 1 Interpretation . 8 2 Functions of Minister and determining officers . 8 3 Notification of adverse determination . 9 4 Reconsideration by second determining officer 9 5 Appeals to Tribunal 10 6 Further particulars . 10 7 Special procedure in cases of groundless appeals . 10 8 Decision without a hearing . 11 9 Procedure of Tribunal 11 10 Appeals and references to Royal Court 12 11 Administrative expenses . 12 12 Recovery of amounts wrongly paid . 12 13 Notices . 13 Christmas Bonus (Jersey) Law 2011 A LAW to provide for payment of an annual lump sum to Jersey residents entitled to certain benefits and to repeal the Christmas Bonus (Jersey) Law 1991 Adopted by the States 4th May 2011 Sanctioned by Order of Her Majesty in Council 12th October 2011 Registered by the Royal Court 21st October 2011 THE STATES , subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law – 1 Interpretation In this Law, unless the context otherwise requires – “Christmas bonus” means a sum of money to which a person is entitled under Articles 2 and 3; “qualifying benefit” has the meaning given by Schedule 1; “relevant week” means the last 7 days in December in a year in respect of which entitlement to a Christmas bonus is to be determined. 2 Entitlement to Christmas bonus (1) A person is entitled to a Christmas bonus in respect of a year if the person – (a) is ordinarily resident in Jersey at any time during the relevant week in that year; and (b) meets the requirements of Schedule 1 as to a qualifying benefit, in respect of a period which includes a day in that relevant week. (2) Paragraph (3) applies to a person who is entitled to receive a lump sum payment in respect of a year under an enactment that – (a) is similar to this Law; and (b) is an enactment of Gibraltar or of any part of the British Islands other than Jersey. (3) The person’s entitlement to payment of an amount of Christmas bonus in respect of that year is – (a) reduced by the amount of the lump sum payment, if the amount calculated under Article 3 would exceed the lump sum payment by £1 or more; or (b) extinguished, in any other case. (4) Only one Christmas bonus is payable to any one person in respect of any one year. 3 Amount of bonus (1) The amount of the Christmas bonus is as follows – (a) for the year 2011, £78; (b) for the year 2012, £80; (c) for the year 2013, £82; (d) for each year after that, the amount, rounded up to the nearest penny, that is the product of adding the adjustment element to the amount from the previous year, or of subtracting that element if it is negative. (2) In paragraph (1)(d) the adjustment element is the product of multiplying the amount from the previous year by the percentage halfway between – (a) the percentage change (positive or negative), during the 12 months starting on 1st July of that previous year, in the Jersey Retail Prices Index produced by the States of Jersey Statistics Unit; and (b) the percentage change (positive or negative), during those 12 months, in the Jersey Index of Average Earnings produced by that Unit. (3) The amount of the Christmas bonus to which a person is entitled is subject to any reduction or extinguishment under Article 2(3) in respect of that person. 4 Bonus not treated as benefit or income (1) The Christmas bonus is not to be treated as benefit for the purposes of any enactment under which entitlement to a qualifying benefit arises. (2) A payment and the right to receive payment of the Christmas bonus are to be disregarded for all purposes of income tax and for the purposes of any enactment under which regard is had to a person’s means. 5 Claims, payments and administration (1) A Christmas bonus must be paid to a person entitled to it, whether that person has submitted a claim for it or not. (2) A Christmas bonus – (a) may be paid in advance of the person becoming entitled to the bonus, but no earlier than 1st December in that year, if the person appears reasonably likely to become entitled to the bonus during the relevant week; (b) must be paid, where reasonably practicable and subject to sub-paragraph (a), before Christmas Day in the year in respect of which the person is entitled to that bonus; and (c) must in any event be paid before the end of the next July following the relevant week. (3) If a payment is made under paragraph (2)(a) and the person does not become entitled to a Christmas bonus during the relevant week, the bonus is to be treated for the purpose of paragraph 12 of Schedule 2 as having been found not to have been properly payable. (4) The sums required for making payments of the Christmas bonus, and for administrative costs incurred in connection with the making of those payments, must be paid out of the consolidated fund, and any sums so paid that are later recovered under paragraph 12 of Schedule 2 must be repaid into that fund. (5) Schedule 2 has effect, subject to paragraphs (1) to (4), in relation to the administration of the Christmas bonus. 6 Offences (1) A person must not, with intent to obtain payment of a Christmas bonus, whether on behalf of that person or of another person – (a) furnish any information that he or she knows to be false in a material particular; (b) recklessly furnish any information that is false in a material particular; or (c) withhold any material information. (2) A person must not obtain or receive payment of a Christmas bonus, whether on behalf of that person or of another person, knowing that it was not properly payable to, or not properly receivable by, him or her. (3) A person who contravenes paragraph (1) or (2) is guilty of an offence and is liable to imprisonment for a term of 2 years and to a fine. (4) Where an offence under this Law committed by a limited liability partnership or body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of – (a) a person who is a partner of the partnership, or director, manager, secretary or other similar officer of the body corporate; or (b) any person purporting to act in any such capacity, the person is also guilty of the offence and liable in the same manner as the partnership or body corporate to the penalty provided for that offence. (5) Where the affairs of a body corporate are managed by its members, paragraph (4) applies in relation to acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. 7 Power to amend (1) The States may by Regulations amend – (a) Article 2(1), to add any further condition as to entitlement to a Christmas bonus; (b) Article 3(1), to specify the amount of Christmas bonus payable for any particular year after 2011, or to amend a formula in Article 3(1)(d) or (2); or (c) Schedule 1, to add, substitute or remove any qualifying benefit or to amend the requirements of paragraph 2 of that Schedule. (2) Regulations made under paragraph (1) may include such transitional, ancillary, consequential and supplementary provision as the States think fit, including by way of amendment to any provision of this Law other than this Article. 8 Repeal The Christmas Bonus (Jersey) Law 1991 [1] is repealed. 9 Citation and commencement This Law may be cited as the Christmas Bonus (Jersey) Law 2011 and comes into force on the day after registration. m.n. de la haye Greffier of the States SCHEDULE 1 (Articles 1 and 2) Requirements as to Qualifying benefits 1 Qualifying benefits Each of the following is a qualifying benefit – (a) the personal care element of the impairment component at the rate set out in paragraph 6(3)(b) or (c) of Schedule 1 to the Income Support (Jersey) Regulations 2007 [2] ; (b) an old age pension under the Social Security (Jersey) Law 1974 [3] ; (c) a survivor’s allowance under that Law; (d) a survivor’s pension under that Law; (e) 100% long term incapacity allowance under that Law; (f) 100% disablement benefit under that Law (as preserved under Article 54A of that Law); (g) invalidity benefit under that Law (as preserved under Article 54A of that Law); and (h) an allowance under the Invalid Care Allowance (Jersey) Law 1978 [4] . 2 Requirements A person meets the requirements of this Schedule if the person – (a) is entitled to payment of any qualifying benefit other than that described in paragraph 1(a); or (b) is part of a household that – (i) is in receipt of income support under the Income Support (Jersey) Law 2007 [5] ; and (ii) is entitled, in respect of the person, to the qualifying benefit described in paragraph 1(a). SCHEDULE 2 (Article 5) Administrative Provisions 1 Interpretation In this Schedule, unless the context otherwise requires – ‘determining officer’ means a determining officer appointed under Article 9 of the Income Support (Jersey) Law 2007 or under Article 33 of the Social Security (Jersey) Law 1974; ‘Minister’ means the Minister for Social Security; ‘Registrar’ has the same meaning as in the Social Security (Determination of Claims and Questions) (Jersey) Order 1974 [6] ; ‘Tribunal’ means the Social Security Tribunal constituted under Article 8 of the Social Security (Determination of Claims and Questions) (Jersey) Order 1974. 2 Functions of Minister and determining officers (1) The Minister must – (a) administer the making of payments under this Law; and (b) publicise, in a manner and at a time in each year that the Minister considers likely to bring the publicity to the attention of persons who may be entitled to a Christmas bonus – (i) the existence of the bonus, (ii) the amount of the bonus for that year, and (iii) the general effect of Article 2(2) to (3). (2) A person who chooses to submit a claim for a Christmas bonus must do so – (a) in writing to the Minister, providing all of the information necessary to determine the person’s entitlement; and (b) no later than the end of January in the year following the year in respect of which the bonus is claimed. (3) Entitlement to a Christmas bonus must be determined on behalf of the Minister by a determining officer and, where required under paragraph 4, redetermined by a second determining officer. (4) A determining officer, in order to decide whether a person is entitled to a Christmas bonus, may – (a) require the person to furnish such certificates or other documents or information as the determining officer may specify; or (b) if it is reasonable to do so, require the person to attend at such office or place as the determining officer may direct. (5) A person who fails to comply with a requirement made under sub-paragraph (4) – (a) may be refused payment of the Christmas bonus; but (b) does not commit an offence merely by virtue of that failure. (6) Where the determining officer or, in the case of a redetermination, the second determining officer, has determined that a person is entitled to a Christmas bonus, the relevant determining officer must allow payment to be made of that bonus. 3 Notification of adverse determination (1) Sub-paragraph (3) applies if a determining officer makes an adverse determination, being a determination that a person falling within sub-paragraph (2) – (a) is not entitled to payment of the bonus for any reason, including extinguishment of an entitlement under Article 2(3); or (b) is entitled to payment of an amount of a Christmas bonus that is to be reduced under Article 2(3). (2) A person falls within this sub-paragraph if the person – (a) has submitted a claim for a Christmas bonus; or (b) has required a redetermination under paragraph 4. (3) The determining officer must notify the person in writing – (a) of the adverse determination and the reasons for it; (b) of the person’s right to challenge the adverse determination, as set out in paragraph 4 in the case of a first determination or as set out in paragraph 5 in the case of a redetermination; (c) of the time limit for exercising that right of challenge; and (d) that if the right is not exercised there is no right of further appeal. 4 Reconsideration by second determining officer (1) If a person is dissatisfied with a determination made for the purposes of this Law by a determining officer in respect of the person, the person may require that determination to be reconsidered by a second determining officer. (2) Sub-paragraph (1) – (a) applies whether or not the person has submitted a claim for the Christmas bonus, or has been notified of the determination; and (b) does not apply to a determination which is itself a redetermination by a second determining officer. (3) A requirement under sub-paragraph (1) must be made to the Minister no later than – (a) 21 days after receiving notification of the determination; or (b) if no such notification was received, whichever is the sooner of – (i) 21 days after becoming aware of the determination, and (ii) if the determination was made when the person had not submitted a claim for the bonus, the last day on which the person could submit such a claim. 5 Appeals to Tribunal (1) If a person is dissatisfied with a redetermination by a second determining officer under paragraph 4, the person may appeal to the Tribunal within 14 days of receiving notification of the redetermination. (2) However, an appeal made outside the 14 day period, but within 28 days of receiving notification of the determination, may be allowed with the consent of the chairman of the Tribunal. (3) Every appeal must be made in writing to the Registrar on a form approved by the Registrar for that purpose, or in such manner as the Registrar may accept as sufficient in the circumstances of the case. 6 Further particulars (1) The Tribunal may at any time require the appellant or the determining officer to furnish it with further particulars in writing and within such time as it may direct with regard to any appeal, and may at any stage of the proceedings allow the amendment of any application for appeal or any statement or particulars and extend the time for furnishing any statement or particulars. (2) If, after the expiration of the time, or where the time has been extended, expiration of the extended time, for furnishing any statement or particulars under sub-paragraph (1), the appellant has failed to do so, the appeal is to be treated as having been abandoned. 7 Special procedure in cases of groundless appeals (1) Where, in the opinion of a determining officer, an appeal is made on grounds that are bound to fail, the determining officer may, within 14 days of receiving notice of the appeal, request the Registrar to place the papers before the chairman or deputy chairman of the Tribunal. (2) If, on considering the papers, the chairman or deputy chairman of the Tribunal is of the opinion that the appeal is bound to fail, he or she must send a notice to the appellant stating that – (a) he or she has considered the application for appeal and is of the opinion that the appeal is bound to fail; and (b) unless the applicant renews his or her application to the Tribunal within 14 days of receiving the notification, the appeal will be treated as having been abandoned. 8 Decision without a hearing If the appellant and the Minister agree and the Tribunal thinks that the case can properly be determined on the particulars supplied by the parties without a hearing, the Tribunal may decide the matter without a hearing on the particulars so supplied. 9 Procedure of Tribunal (1) The parties to an appeal are the appellant and the Minister, and each party or any person acting on behalf of that party may make representations to the Tribunal. (2) The Tribunal must sit in public unless the Tribunal considers it necessary to sit in private. (3) However, no person other than the Registrar may be present while the Tribunal is considering its decision. (4) The Tribunal may adjourn the hearing from time to time as it thinks fit. (5) The Tribunal may, if it thinks fit, admit any duly authenticated written statement or other material as prima facie evidence of any fact or facts in any case in which it thinks it just and proper to do so. (6) The Tribunal may, if it thinks fit, call for such documents and examine such witnesses as appear to it likely to afford evidence relevant and material to the issue, although not tendered by either the appellant or the Minister. (7) If, after notice of the hearing has been duly given, the appellant or the Minister fails to appear at the hearing, the Tribunal may proceed to determine the appeal notwithstanding the absence of one or both of them, or may give such directions with a view to the determination of the appeal as the Tribunal thinks just and proper. (8) The Tribunal may require any party to proceedings before the Tribunal under this Law or any witness in the proceedings to give evidence on oath and, for that purpose, the chairman or deputy chairman presiding over the Tribunal has power to administer an oath. (9) Where, in connection with the determination of any appeal, there is before the Tribunal medical advice or medical evidence relating to the appellant that has not been disclosed to the appellant and, in the opinion of the chairman or deputy chairman, the disclosure to the appellant of that advice or evidence would be harmful to the appellant’s health, such advice or evidence is not required to be disclosed to the appellant, but the Tribunal is not by reason of such non-disclosure precluded from taking it into account for the purpose of the appeal. (10) On an appeal, the Tribunal may confirm, reverse or vary the decision of the second determining officer and must give its decision in public. (11) The decision of the majority of the members of the Tribunal is the decision of the Tribunal. (12) The chairman, or deputy chairman as the case may be, must sign a written record of the decision, being a record that – (a) includes the names of the Tribunal members; (b) includes the reasons for the decision; and (c) records any dissent and the reasons for such dissent. (13) The Registrar must send a copy of the written record to the parties as soon as practicable after the appeal has taken place. (14) Where the Tribunal has made a decision adverse to the appellant, the appellant must be advised that the decision on the facts is final but that he or she may appeal to the Royal Court on a point of law. (15) Subject to this paragraph, the Tribunal may regulate its own procedure. 10 Appeals and references to Royal Court (1) A person aggrieved by a decision of the Tribunal on an appeal under this Law may appeal to the Royal Court on a point of law. (2) The 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. 11 Administrative expenses The Minister may pay to any member of the Tribunal who exercises any functions under this Law, and any other person whose advice or assistance may be required for the purposes of this Law by the Tribunal or by a determining officer, such remuneration and expenses as the Minister may determine. 12 Recovery of amounts wrongly paid (1) If it is found at any time that any amount has been paid under this Law that was not properly payable or, though properly payable, was paid to the wrong person, the Minister may require it to be repaid – (a) if it was paid to a person in his or her own right, by that person; or (b) if it was paid to a person on behalf of another person, by either of those persons. (2) In the case of the death of a person who could be required to repay a sum under this paragraph, the Minister may require it to be repaid by the person charged with the administration of the deceased person’s personal estate. (3) Proceedings for the recovery of any sum that a person is required under this paragraph to repay to the Minister may be instituted by the Treasurer of the States. (4) Notwithstanding any enactment or rule of law to the contrary, any such proceedings may be brought at any time within 10 years from the time when the sum was paid. (5) Any sum that a person is required under this paragraph to repay to the Minister may, without prejudice to any other remedy, be recovered by means of deduction from any other payment due under an enactment under the administration of the Minister. 13 Notices Any notice, notification or other document required or authorized by this Schedule to be given to any person is deemed to have been given or sent if it was sent by post to that person at the person’s ordinary or last known address. [1] L.2/1991 (chapter 26.200) [2] chapter 26.550.30 [3] chapter 26.900 [4] chapter 26.600 [5] chapter 26.550 [6] chapter 26.900.28