The Social Security (Jersey and Guernsey) Order 1994

Section 4 Family Benefits

Article 27Orphan’s Benefit under the Legislation of the United Kingdom and Guernsey

(1) In this Article “Party” means the United Kingdom or Guernsey, as the case may be.

(2) For the purpose of any claim for orphan’s benefit under the legislation of the United Kingdom any period of presence in the territory of Guernsey shall be treated as if it were a period of presence in the territory of the United Kingdom.

(3) For the purpose of any claim for orphan’s benefit under the legislation of Guernsey a person who has completed an insurance period under the legislation of the United Kingdom shall be treated as an insured person under the legislation of Guernsey.

(4) Where orphan’s benefit would be payable to a person under the legislation of one Party if that person, or the orphan for whom the benefit is claimed, were ordinarily resident in the territory of that Party, it shall be paid while that person, or the orphan, is in the territory of the other Party as if he were in the territory of the former Party.

(5) Where, but for this paragraph, a person would be entitled to receive orphan’s benefit under the legislation of both Parties in respect of the same orphan, whether by virtue of this Agreement or otherwise, he shall be entitled to receive benefit only under the legislation of the Party in whose territory the orphan is ordinarily resident.

Article 28Child Benefit

(1) Subject to paragraph (6), where a person is present or resident in the territory of one Party and the legislation of any other Party applies to him in accordance with any of the provisions of Articles 6 to 11, he or his spouse residing with him shall be treated for the purpose of any claim to child benefit under that legislation:

(a)as if he were present or resident, as the case may be, in the territory of that Party, and

(b)as if any child of his family or any child for whom he is responsible were present or resident, as the case may be, in the territory of that Party if the child is present or resident, as the case may be, in the territory of any other Party.

(2) Where a person is resident in the territory of one Party together with any child of his family or any child for whom he is responsible and the legislation of no other Party is applicable to him in accordance with Articles 6 to 11, then for the purpose of a claim to child benefit under the legislation of the former Party in respect of that child, any period of presence or residence, as the case may be, completed in the territory of any other Party, shall be treated as if it were a period of presence or residence respectively completed by that person in the territory of the former Party.

(3) Where a person is resident in the territory of one Party and his family is present or resident in the territory of any other Party and the legislation of no other Party is applicable to him in accordance with Articles 6 to 11, his entitlement to child benefit shall be determined only under the legislation of the Party in whose territory the family is present or resident. For the purpose of determining that entitlement, a period of presence or residence, as the case may be, completed in the territory of the former Party shall be treated as if it were a period of presence or residence respectively completed in the territory of the latter Party.

(4) Where, but for this paragraph, child benefit would be payable under the legislation of more than one Party for the same period in respect of the same child, whether by virtue of this Agreement or otherwise, child benefit shall be paid only under the legislation of the Party in whose territory that child is ordinarily resident.

(5) Subject to paragraph (1), a person who claims child benefit under the legislation of Jersey who becomes ordinarily resident in Jersey and who immediately before his arrival in Jersey was resident in the United Kingdom or Guernsey and would have satisfied the residence and presence conditions for child benefit under the legislation of either of those Parties, or was in receipt of child benefit under the legislation of either of those Parties, shall be eligible for child benefit under the legislation of Jersey from the date of the arrival of his family in Jersey or the cessation of child benefit under the legislation of the United Kingdom or Guernsey, whichever is the later.

(6) Child benefit shall not be payable under the legislation of Jersey unless and until the provisions of the legislation of Jersey concerning the income of the family are satisfied.

(7) For the purpose of any claim to child benefit under the legislation of Guernsey or Jersey, a person whose place of birth was in the territory of any Party shall be treated as if his place of birth were in Guernsey or Jersey, as the case may be.