Social Security (Claims and Payments) (Jersey) Order 1974: Benefit time limits for evidence

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A decision made on 23 November 2012:

Decision Reference: MD-S-2012-0094
Decision Summary Title :	Benefit time limits for evidence		Date of Decision Summary:	20 November 2012
Decision Summary Author:	Policy Principal		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Benefit time limits for evidence		Date of Written Report:	20 November 2012
Written Report Author:	Policy Principal		Written Report : Public or Exempt?	Public
Subject: Social Security (Claims and Payments) (Jersey) Order 1974 – Time limits for evidence when obtaining benefit.
Decision(s): The Minister has determined that certain time limits will apply for the submission of evidence for the obtaining payment of benefit under Article 15(1) of the Social Security (Claims and Payments) (Jersey) Order 1974.
Reason(s) for Decision: Article 15(1) of the Social Security (Claims and Payments) (Jersey) Order 1974 provides that benefit claimants must furnish such evidence as is required in such manner and at such times as the Minister may determine. The Minister has determined that, as a condition on which any sums of benefit are payable, where the Social Security Department has requested any evidence (such as certificates, documents, information or facts) to substantiate a claim for benefit, certain time limits will apply within which that evidence must be submitted to the Department. This allows benefit claims to be closed if evidence is not provided by a claimant within a reasonable period of time following the Department’s request for that evidence.
Resource Implications: None
Action required: Policy Principal to advise relevant Social Security Officers of this decision.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Social Security (Claims and Payments) (Jersey) Order 1974: Benefit time limits for evidence

Social Security (Claims and Payments) (Jersey) Order 1974

Time limits for evidence when obtaining benefit

Article 15(1) of the Social Security (Claims and Payments) (Jersey) Order 1974 provides that “every beneficiary and every person by whom or on whose behalf sums payable by way of benefit are receivable shall furnish in such manner and at such times as the Minister may determine such certificates and other documents and such information of facts affecting the right to benefit or to the receipt thereof as the Minister may require (either as a condition on which any such sum or sums shall be receivable or otherwise)”.

The Minister has determined that, as a condition on which any sums of benefit are payable, where the Department has requested any evidence (including certificates, documents, information or facts) to substantiate a claim for benefit, that evidence must be received by the Social Security Department within a certain time limit following the request for evidence, otherwise the claim will be treated as closed.

This is a necessary administrative action, otherwise claims could remain open indefinitely if claimants do not provide the information that has been requested. In each case, the Department will write to the claimant requesting the evidence, stating the relevant time limit and the consequences of failing to submit the relevant evidence within that time limit. A claimant will have the right of redetermination and appeal against a decision to close a claim due to a failure to comply with the relevant time limit.

A six month time limit is provided for evidence relating to Old Age Pension, Survivor’s Benefit and Death Grant because claimants sometimes experience delays in obtaining the relevant evidence, for example, the provision of birth and marriage certificates from other jurisdictions, or the issue of the grant of probate.

The time limits that apply in respect of each benefit are:

Social Security Benefit

Time limit for evidence

Short Term Incapacity Allowance

Long Term Incapacity Allowance

Maternity Allowance

Maternity Grant

Adoptive Parent Grant

Insolvency Benefit (in force 1/12/12)

Incapacity Pension

4 weeks

Survivor’s Benefit

Old Age Pension

Death Grant

6 months