Draft Social Security Law (Overlapping Benefits) (Jersey) Amendment Regulations 202-
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STATES OF JERSEY
DRAFT SOCIAL SECURITY LAW (OVERLAPPING BENEFITS) (JERSEY) AMENDMENT REGULATIONS 202-
Lodged au Greffe on 10th October 2025 by the Minister for Social Security
Earliest date for debate: 25th November 2025
STATES GREFFE
2025 P.79/2025
202- Report
REPORT
Introduction
The Minister for Social Security is proposing these draft Regulations to update the Social Security legislation so that regular weekly payments to Income Support households are not disrupted by the existence of overlapping Social Security contributory benefit claims.
This will address an administrative issue that disrupts benefit payments and occurs when a person in an Income Support household qualifies for and is separately paid an overlapping Social Security contributory benefit (contributory benefit').
Summary of proposed amendments
Income Support claims are household claims; every household member (and their income) is included. Claims are paid to one person in the household, but some or all payment may go to the household's landlord.
Contributory benefit claims (short term incapacity allowance (STIA'), long term incapacity allowance, old age pension etc) are paid to individuals based on their contribution record.
Income from Contributory benefit claims is taken into account in assessing the overall household income for income support purposes. A mismatch between the dates on which benefits are paid can lead to overpayments which can create disruption to the income support household as the overpayment is then recovered from future income support payments.
The Law already provides for a contributory payment to be reduced or withheld if the claimant's household has already received income support which would overlap with the Contributory benefit payment.
The change proposed under these Regulations extends this power to allow the Contributory benefit claim to be adjusted for its total duration. This maintains a more stable income stream into the Income support household ensuring that regular bills, direct debits etc can be paid as normal.
The second change proposed under these Regulations is to allow funds to be transferred from the Social Security fund to the consolidated fund in respect of the payments that are not made directly out of the Social Security fund.
These Regulations provide enabling powers. The full details of how and when contributory benefit payments will be withheld will be set out in ministerial Orders.
The Minister proposes these draft Regulations to ensure regular weekly household payments are maintained when Social Security benefits are paid, minimising financial disruption to income support households.
Financial and staffing implications
There are no additional financial or staffing implications for Government as a result of this proposition.
Children's Rights Impact Assessment
A Children's Rights Impact Assessment (CRIA) screener has been prepared in relation to this proposition and is available to read on the States Assembly website.
202- Explanatory Note
EXPLANATORY NOTE
The draft Social Security Law (Overlapping Benefits) (Jersey) Amendment Regulations 202-, if made, will amend Article 28 (overlapping benefits, etc.) of the Social Security (Jersey) Law 1974 to allow an Order to adjust benefit payable to or in respect of a person if a payment has been, is being or will be made under the Income Support (Jersey) Law 2007. The current Article 28 allows adjustment of benefit only if payment has been made under that Law. The Regulations further provide that the amount of that adjustment is to be paid from the Social Security Fund into the Consolidated Fund. The Regulations come into force 7 days after they are made.
202- Regulation 1
DRAFT SOCIAL SECURITY LAW (OVERLAPPING BENEFITS) (JERSEY) AMENDMENT REGULATIONS 202-
Made [date to be inserted] Coming into force [date to be inserted]
THE STATES make these Regulations under Article 50 of the Social Security (Jersey) Law 1974 –
1 Social Security (Jersey) Law 1974 amended
These Regulations amend the Social Security (Jersey) Law 1974.
2 Article 28 (overlapping benefits, etc.) amended
- In Article 28(1)(a)(aii), after "has been" there is inserted ", is being or will be".
- After paragraph (2) there is inserted –
(2A) If benefit payable to or in respect of a person is adjusted as a result of an Order
made under paragraph (1)(a)(aii), the amount of the adjustment is to be paid from the Social Security Fund into the Consolidated Fund (as continued by Article 3 of the Public Finances (Jersey) Law 2019).
3 Citation and commencement
These Regulations may be cited as the Social Security Law (Overlapping Benefits) (Jersey) Amendment Regulations 202- and come into force 7 days after they are made.