Social Security (Bonus) (Jersey) Law 2014

Social Security (Bonus) (Jersey) Law 2014 Arrangement Article 1 Interpretation . 3 2 Regulations . 3 3 Orders . 4 4 Cold weather bonus . 4 5 Offences . 4 6 Citation and commencement 5 SCHEDULE 6 COLD WEATHER BONUS 6 1 Interpretation . 6 2 Payment of cold weather bonus . 7 3 Qualifying conditions . 7 4 Amount of cold weather bonus . 8 5 Extinguishment of rights to cold weather bonus . 9 6 Application for cold weather bonus . 10 7 Information and evidence in support of an application . 11 8 Persons unable to act 11 9 Functions of determining officers . 12 10 Redetermination by second determining officer 12 11 Appeals to Tribunal 13 12 Further particulars . 13 13 Special procedure in cases of groundless appeals . 13 14 Decision without a hearing . 14 15 Procedure of Tribunal 14 16 Appeals and references . 15 17 Administrative expenses . 15 18 Recovery of cold weather bonus wrongly paid . 15 19 Notices . 16 Social Security (Bonus) (Jersey) Law 2014 A LAW to provide for the making of Regulations for the award or payment of bonuses to or on behalf of eligible persons and to provide for a cold weather bonus and for connected purposes. Adopted by the States 9th July 2014 Sanctioned by Order of Her Majesty in Council 8th October 2014 Registered by the Royal Court 17th October 2014 THE STATES , subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law – 1 Interpretation In this Law “Minister” means the Minister for Social Security. 2 Regulations (1) The States may by Regulations provide for a scheme to enable a person of a specified class to be entitled to receive a bonus in the form of an award or payment made to that person or on that person’s behalf. (2) Without limiting the generality of paragraph (1), Regulations made under this Law may – (a) specify the nature of a bonus; (b) specify the criteria for eligibility for a bonus; (c) specify the method by which a bonus may be awarded or paid; (d) provide for the Minister to appoint an agent to act on behalf of a person in relation to the grant and receipt of a bonus; (e) provide for the determination of claims and questions arising in respect of a bonus; (f) provide for the reviews of decisions of a person to grant or to refuse to grant a bonus; (g) provide for appeals, including appeals to a body or tribunal established under another Law, to be made against decisions of persons reviewing decisions in accordance with sub-paragraph (f); (h) modify the application, in relation to an appeal under the Regulations, of – (i) a Law, or (ii) an enactment made under a Law, relating to the conduct of appeals by a body or tribunal to which an appeal under the Regulations may be made; (i) provide for recovery of the amount of a bonus wrongly awarded or paid; (j) provide for extinguishment of rights to an award of, or sums payable as, a bonus; (k) provide for administrative expenses to be payable to members of a body or tribunal referred to in sub-paragraph (g); (l) specify offences for contravention of the Regulations and specify penalties for such offences not exceeding imprisonment for 2 years and a level 3 fine. 3 Orders The Minister may by Order make provision – (a) specifying the value of a bonus and the method by which the value of the bonus may be varied; (b) specifying procedures and notification periods for applications, determinations and appeals in respect of a bonus; (c) specifying the value of any income or asset specified in Regulations made under Article 2(2)(b) to be a criterion for eligibility for the grant of a bonus; (d) providing for the amounts of administrative expenses payable under Regulations made under Article 2(2)(k). 4 Cold weather bonus (1) The Schedule shall have effect to provide for a bonus to be called a cold weather bonus. (2) The States may by Regulations amend the Schedule. (3) This Article and the Schedule shall cease to have effect on the date of coming into force of Regulations made under Article 2 to provide a scheme for a cold weather bonus. 5 Offences (1) A person shall not, with intent to obtain a bonus, whether on behalf of that person, another person or any household – (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 shall not obtain or receive a bonus, whether on behalf of that person or of another person or of any household, knowing that it was not lawfully payable to, or not lawfully receivable by, him or her. (3) A person who contravenes paragraph (1) or (2) shall be guilty of an offence and liable to imprisonment for a term of 2 years and to a fine. (4) Where an offence under paragraph (3) committed by a limited liability partnership, separate limited partnership or other partnership having separate legal personality or body corporate is proved to have been committed with the consent or connivance 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 he or she were a director of the body corporate. 6 Citation and commencement This Law may be cited as the Social Security (Bonus) (Jersey) Law 2014 and shall come into force on the seventh day after it is registered in the Royal Court. l.-m. hart Deputy Greffier of the States SCHEDULE (Article 4) COLD WEATHER BONUS 1 Interpretation (1) In this Schedule – “2007 Law” means the Income Support (Jersey) Law 2007 [1] ; “adult” has the same meaning as in the 2007 Law; “applicant” means a person who has made an application for a cold weather bonus under this Schedule; “cold weather bonus” means a bonus payable to defray the expenses of heating a dwelling for any month from and including the months of October to April that is a cold weather month; “determining officer” means a determining officer as defined in the 2007 Law or as appointed under Article 33 of the Social Security (Jersey) Law 1974 [2] ; “hostel” means a facility (other than a private house) providing board and lodging and generally staffed by persons providing support to vulnerable persons; “Jersey old age pension” means a pension to which a person is entitled under Article 25 of the Social Security (Jersey) Law 1974; “Registrar” shall be construed in accordance with Article 4 of the Social Security (Determination of Claims and Questions) (Jersey) Order 1974 [3] ; “Royal Court” means the Inferior Number of the Royal Court; “series of cold weather months” means the months running from October in each year through to April in the following year; “Tribunal” means the Social Security Tribunal constituted under Article 8 of the Social Security (Determination of Claim and Questions) (Jersey) Order 1974. (2) In this Schedule – (a) a month, being the month of October, November, December, January, February, March or April, is a “cold weather month” if the aggregate of the amount by which the average daily temperature of each day in that month falls below 15.5 degrees Celsius exceeds 90; (b) references to a household are to be construed in the same way as they are for the purposes of the 2007 Law; and (c) references to a person being a member of a household are to be construed in accordance with Article 5 of the Income Support (General Provisions) (Jersey) Order 2008 [4] . 2 Payment of cold weather bonus (1) The Minister shall pay a cold weather bonus, being an amount calculated in accordance with the formula in paragraph 4 – (a) on behalf of a household that qualifies for it under paragraph 3; and (b) to a member of that household who applies for it in accordance with paragraph 6, in relation to any cold weather month. (2) Any cold weather bonus that is payable for the months of October, November or December shall be paid on or after 1st January the following year. (3) Any cold weather bonus that is payable for the months of January, February, March or April shall be paid on or after 1st May of that year. 3 Qualifying conditions (1) A household qualifies for a cold weather bonus for a cold weather month, if it meets all of the conditions in sub-paragraphs (2) to (5) in relation to that cold weather month. (2) The first condition is that no adult in the household has received (or has claimed and is entitled to receive) a payment under the Income Support (Special Payments) (Cold Weather Payments) (Jersey) Regulations 2008 [5] in respect of the cold weather month. (3) The second condition is that, where an application for a cold weather bonus is made on behalf of the household, no member of the household was served with a notice of assessment under Article 25 of the Income Tax (Jersey) Law 1961 [6] showing a liability to income tax for the year of assessment preceding the start of the series of the cold weather months to which the application relates. (4) The third condition is that at least one member of the household, before the end of the relevant series of cold weather months – (a) is an adult who is over pensionable age; and (b) subject to sub-paragraphs (6) to (8) – (i) in the case of a person who is in receipt of a Jersey old age pension, has been ordinarily resident in Jersey for a continuous period of 5 years, or (ii) in the case of a person who is over pensionable age but not in receipt of a Jersey old age pension, has been ordinarily resident in Jersey for a continuous period of 10 years. (5) The fourth condition is that during the cold weather month the household occupied a dwelling in respect of which at least one member of the household – (a) was the owner or has paid rent or held a lease to occupy the dwelling under the terms of a lease or licence; or (b) was employed as the caretaker in respect of which no wages are paid, or other money payments made, either by the employer or any other person, and at least one member of the household was responsible for the cost of heating the dwelling. (6) A person resident outside Jersey shall nevertheless be treated as being ordinarily resident in Jersey for any part of the period specified in sub-paragraph (4)(b) in which that person’s principal residence was in Jersey. (7) A person detained by virtue of a sentence of imprisonment or similar punishment (whether in Jersey or elsewhere) shall not be treated as ordinarily resident in Jersey for the period during which the person is so detained. (8) The period during which a person was ordinarily resident in Jersey immediately prior to the detention shall be treated as if it immediately preceded the person’s release from that detention. (9) The fourth condition referred to in sub-paragraph (5) shall not be satisfied where the dwelling being occupied is lodgings or a hostel. (10) In this paragraph “pensionable age” has the meaning assigned in Article 1 of the Social Security (Jersey) Law 1974 [7] . 4 Amount of cold weather bonus (1) The amount of cold weather bonus payable shall be calculated according to the formula – C x where – C is calculated according to sub-paragraph (2); and T is the aggregate, up to a maximum of 540, of the amount by which the average daily temperature of each day in that month falls below 15.5 degrees Celsius. (2) C is – (a) for each cold weather month from October 2014 to April 2015 inclusive, £153.23 increased or decreased by the same percentage as that of the rise or fall in the fuel element of the Jersey Retail Prices Index published by the States of Jersey Statistics Unit for the 12 months ending in the previous June; (b) for each subsequent cold weather month, the figure produced by increasing or decreasing the figure for the previous April by the same percentage as that of the rise or fall in the fuel element of the Jersey Retail Prices Index published by the States of Jersey Statistics Unit for the 12 months ending in the previous June. (3) The product of each formula in this paragraph shall be rounded up to the next whole penny. (4) Only one cold weather bonus is payable at any time in respect of a dwelling. (5) If a dwelling is occupied by 2 or more households entitled to a cold weather bonus, the cold weather bonus is divided equally between all the households entitled to it. (6) No cold weather bonus shall be payable where a dwelling is occupied by 2 or more households and one or more of those households receives, or has applied for and is entitled to receive, a cold weather payment under the Income Support (Special Payments) (Cold Weather Payments) (Jersey) Regulations 2008 [8] in respect of that dwelling. 5 Extinguishment of rights to cold weather bonus (1) The right to a payment of a cold weather bonus is extinguished where the payment of the cold weather bonus is not obtained within the period of 2 years from the date on which the right is to be treated as having arisen. (2) For the purpose of this paragraph the right is to be treated as having arisen – (a) in relation to any such sum contained in an instrument of payment which has been given or sent, for the purposes of making payment of that sum, to the applicant or to an approved place for collection by the applicant (whether or not received or collected as the case may be), notwithstanding that that sum is greater or less than the sum of the payment to which the applicant has the right – (i) on the date on the instrument of payment, or (ii) if a further instrument of payment has been so given or sent as a replacement for an instrument of payment previously given or sent, on the date on the last such instrument of payment; (b) in relation to any such sum to which clause (a) does not apply, but where notice is given (whether orally or in writing) or is sent that the sum contained in the notice is available for collection, notwithstanding that that sum is greater or less than the sum of the payment to which the applicant has the right – (i) if written notice is sent through the post, on the date on which it would be delivered in the ordinary course of post, and (ii) in any other case, on the date of the notice, and if more than one such notice is given or sent, on the date determined by reference to the first such notice; or (c) in relation to any such sum to which neither clause (a) nor (b) applies, on such date as the Minister determines. (3) Where a question arises whether the right to payment of any sum as a cold weather bonus has been extinguished by the operation of this paragraph and the determining officer or the Tribunal is satisfied that – (a) after the expiration of the period of 2 years referred to in sub-paragraph (1) the Minister has received notice requesting payment of that sum; and (b) throughout a period commencing within the period of 2 years referred to in sub-paragraph (1) and continuing up to the day on which the notice was given there was good cause for not giving that notice, the period of 2 years referred to in sub-paragraph (1) is extended to the date on which the determining officer or the Tribunal decides that question, and, for the purposes of the operation of this paragraph, after that decision the right to payment of that sum is to be treated as having arisen on that date. (4) This paragraph applies to a person authorized or appointed to act on behalf of an applicant as it applies to an applicant. 6 Application for cold weather bonus (1) An application for a cold weather bonus may be made to the Minister – (a) on behalf of a household that meets the conditions specified in paragraph 3 on the date of the application; and (b) by a member of that household. (2) Subject to sub-paragraph (3), an application for a cold weather bonus may be made at any time during a series of cold weather months and only in respect of those months. (3) In any case where the applicant proves that there was good cause for a failure to make the application before the date on which it was made, the time specified in paragraph (2) for making the application is extended to the date on which the application is made, subject to a maximum extension of 5 months. (4) An application for a cold weather bonus must be made to the Minister on a form approved by the Minister, or in such other manner as the Minister may accept as sufficient in the circumstances for the case. (5) An application 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 applications. (6) If an application is defective at the date when it is received or has been made in a manner otherwise than as required by sub-paragraph (4), the Minister may refer the application to the applicant or, as the case may be, supply him or her with the form, and if the form is received properly completed within 14 days from that date on which the application is so referred, or the form is so supplied, to the applicant, the Minister must treat the application as if it had been duly made in the first instance. (7) An applicant may, by notice in writing to the Minister, amend an application at any time before the application is determined and the Minister may treat the application as if it had been made as so amended in the first instance. 7 Information and evidence in support of an application (1) An applicant or such other adult member of the household as the determining officer may specify must furnish such certificates and other documents and information as the determining officer may require in connection with the application and, if reasonably so required, must for that purpose attend at such office or place as the determining officer may direct. (2) Without prejudice to the generality of sub-paragraph (1) and paragraph 6(4), the Minister may require the application to contain at least the following information – (a) the address of the household; (b) in relation to each adult member of the household, including the applicant, that person’s – (i) title and full name (including any previous surname), (ii) date of birth, (iii) social security number, and (iv) relationship to the applicant; (c) a copy of any notice of assessment under Article 25 of the Income Tax (Jersey) Law 1961 for the year preceding the start of the series of cold weather months related to any adult member of the household, including the applicant; and (d) in relation to the applicant only – (i) confirmation of that person’s period of ordinary residence in Jersey, and (ii) details of a bank account, if available, into which the cold weather bonus can be paid, including the name of the bank, the sort code, the account number and the name of the account holder. (3) The determining officer may treat an application as not having been made unless and until each adult member of the household has taken any step requested of that member by the determining officer to assist in enabling the Comptroller of Taxes to release to the determining officer any information that – (a) is held by the Comptroller; and (b) is required by the determining officer in order to determine whether the household meets the second condition, as set out in paragraph 3(3). 8 Persons unable to act (1) In the case of an applicant who is unable to act who – (a) has not been received into guardianship in pursuance of a guardianship application under Article 14 of the Mental Health (Jersey) Law 1969 [9] ; (b) does not have a curator appointed under Article 43 of the Mental Health (Jersey) Law 1969 to manage and administer his or her property and affairs; and (c) does not have a tuteur , the Minister may, on receipt of a written request, appoint a person to act on the applicant’s behalf. (2) An appointment by the Minister under sub-paragraph (1) terminates – (a) if the applicant is received into guardianship, or has a curator or tuteur appointed; (b) at the request of the person appointed; (c) if revoked by the Minister; or (d) if the applicant becomes able to act. 9 Functions of determining officers (1) An application for a cold weather bonus must be determined by a determining officer and where required under paragraph 10, redetermined by a second determining officer. (2) The determining officer must notify in writing the applicant (or other person acting on his or her behalf) and all the other adult members of the applicant’s household – (a) of every adverse decision made in respect of the household and the reasons for it; and (b) of their rights to challenge an adverse decision, as set out in sub-paragraph (3) in the case of a first determination or as set out in sub-paragraph (4) in the case of a redetermination. (3) In the case of an adverse decision on a first determination, the determining officer must notify the other persons mentioned in sub-paragraph (2) – (a) of the right of any of them to have every adverse decision reconsidered by a second determining officer; (b) that this right must be exercised within 21 days of the person receiving notice of the decision; and (c) that if the right is not exercised there is no right of further appeal. (4) In the case of an adverse decision on redetermination, the determining officer must notify the other persons mentioned in sub-paragraph (2) of the right of any of them to appeal to the Tribunal. (5) Where the determining officer or, in the case of a redetermination, the second determining officer, has determined that the household is entitled to a cold weather bonus and the amount of the cold weather bonus, he or she must allow payment of the cold weather bonus to be made. 10 Redetermination by second determining officer If an applicant or an adult member of the applicant’s household is dissatisfied with any decision under paragraph 9 that is made by a first determining officer determining the matter, he or she may require the matter to be redetermined by a second determining officer at any time within 21 days of receiving notice of the decision. 11 Appeals to Tribunal (1) If an applicant or an adult member of the applicant’s household is dissatisfied with any redetermination by a second determining officer, he or she may appeal to the Tribunal within 14 days of receiving notification of the decision. (2) An appeal made outside the 14 day period, but within 28 days of receiving notification of the decision, 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. 12 Further particulars (1) The Tribunal may at any time require the applicant 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 applicant has failed to do so, the appeal is to be treated as having been abandoned. 13 Special procedure in cases of groundless appeals (1) Where, in the opinion of a determining officer, an application for appeal is made on grounds that are bound to fail, the determining officer may, within 14 days of receiving the application, 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 applicant 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. 14 Decision without a hearing If the applicant and the Minister agree and the Tribunal thinks that a matter before it can properly be determined on the particulars supplied by the parties without a hearing, it may determine the matter without a hearing on the particulars so supplied. 15 Procedure of Tribunal (1) The parties to an appeal before the Tribunal are the applicant 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 evidence of any fact 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 applicant or the Minister. (7) If, after notice of the hearing has been duly given, the applicant or the Minister fails to appear at the hearing, the Tribunal may proceed to determine the appeal notwithstanding the absence of both or either of them, or may give such directions with a view to the determination of the application as the Tribunal thinks just and proper. (8) The Tribunal may require any party to proceedings before the Tribunal under this Schedule 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 application, there is before the Tribunal medical advice or medical evidence relating to the applicant that has not been disclosed to the applicant and, in the opinion of the chairman or deputy chairman, the disclosure to the applicant of that advice or evidence would be harmful to the applicant’s health, such advice or evidence is not required to be disclosed to the applicant, 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 the appeal of any case under this paragraph, 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 and there must be a written record of the decision signed by the chairman or deputy chairman as the case may be which – (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, and the Registrar must send a copy of such written record to the parties as soon as practicable after the appeal has taken place. (12) Where the Tribunal has made a decision adverse to the applicant, the applicant 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. (13) Subject to this paragraph, the Tribunal may regulate its own procedure. 16 Appeals and references (1) A person aggrieved by a decision of the Tribunal, may on a point of law only, appeal to the Royal Court. (2) An appeal under sub-paragraph (1) may only be made with leave of the Tribunal or the Royal Court, and must be made before the end of the period of 4 weeks beginning with the date of the Tribunal’s written decision. (3) An application for leave to appeal under sub-paragraph (2) may include an application to stay a decision of the Tribunal pending the appeal. (4) No appeal shall lie from a decision of the Tribunal refusing leave for the institution or continuance of, or for the making of an application in, proceedings by a person who is the subject of an order under Article 1 of the Civil Proceedings (Vexatious Litigants) (Jersey) Law 2001 [10] . (5) The Tribunal or a determining officer may refer any point of law to the Royal Court for the Royal Court to give a ruling on the point. 17 Administrative expenses The Minister may pay to any member of the Tribunal who exercises any functions under this Schedule, and any other person whose advice or assistance may be required for the purposes of this Schedule by the Tribunal or by a determining officer, such remuneration and expenses as the Minister may determine. 18 Recovery of cold weather bonus wrongly paid (1) If it is found at any time that any cold weather bonus has been paid that was not properly payable, the Minister may require it to be repaid – (a) if it was paid to a person in his or her own right or on behalf of a qualifying household, by that person; or (b) if it was paid to a person on behalf of another person or a qualifying household, by that person, by that other person or by a member of that household. (2) If it is found at any time that any cold weather bonus properly payable has been paid to a person not being a person by whom it was properly receivable, the Minister may require it to be repaid by the person to whom it was paid. (3) In 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. (4) Proceedings for the recovery of any sum which a person is required under this paragraph to repay to the Minister may be instituted by the Treasurer of the States and 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 that sum was paid, or, where the proceedings are for the recovery of a consecutive series of sums, within 10 years from the date on which the last sum of the series was paid. (5) Any sum which 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 the provisions of this Schedule to the person to whom the sum was paid, unless it was paid to that person on behalf of another, in which case it may, without prejudice to any other remedy, be recovered by means of deduction from any payment due under the provisions of this Schedule to that other person. 19 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] chapter 26.550 [2] chapter 26.900 [3] chapter 26.900.28 [4] chapter 26.550.20 [5] chapter 26.550.65 [6] chapter 24.750 [7] chapter 26.900 [8] chapter 26.550.65 [9] chapter 20.650 [10] chapter 04.240