I ASSENT Social Security (Open Long-Term Benefits Scheme) SOCIAL SECURITY (SUPPLEMENTARY CONTRIBUTIONS)
REGULATIONS 2016
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1997-16
Subsidiary 2016/024
Subsidiary Legislation made under s. 3(2) and 4(4).
SOCIAL SECURITY (SUPPLEMENTARY CONTRIBUTIONS) REGULATIONS 2016
(LN. 2016/024)
Commencement 1.4.2016
Amending enactments
Relevant current provisions
Commencement date
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SOCIAL SECURITY (OPEN LONG-TERM BENEFITS SCHEME) ACT 1997
In exercise of the powers conferred on him by sections 3(2) and 4(4) of the Social Security (Open Long-Term Benefits Scheme) Act 1997 and all other enabling powers the Minister with responsibility for social security has made the following Regulations–
Title and commencement.
1. These Regulations may be cited as the Social Security (Supplementary Contributions) Regulations 2016 and shall be deemed to have come into operation on 1 April 2016.
Application of the Social Security (Open Long-Term Benefits Scheme) Act 1997.
2. Pursuant to section 3(2) of the Social Security (Open Long-Term Benefits Scheme) Act 1997, “insured person” is understood to include, for the purposes of these Regulations, a person to whom section 3(1)(b) of that Act does not apply.
Supplementary contribution.
3.(1) Where any married woman or widow has made an election to which regulation 6 of the Social Security (Open Long-Term Benefits) (Insurability
Social Security (Open Long-Term Benefits Scheme) X SOCIAL SECURITY (SUPPLEMENTARY CONTRIBUTIONS)
REGULATIONS 2016
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1997-16
Subsidiary 2016/024
and Special Classes) Regulations 1997 applies, such person may elect to pay a supplementary contribution equivalent to the difference of that person’s sum total of all contributions during the subsistence of the marriage or period of widowhood as the case may be, and the prescribed sum total of all contributions had that person not so elected.
(2) An election under sub-regulation (1) shall–
(a) be made in writing to the Director in such form as the Director may require;
(b) be made in a manner approved by the Director;
(c) be extinguished on the failure by the person making the election to comply with the requirements of this regulation;
(d) be made before 31 March 2017;
(e) apply provided the person to whom the election refers cancels any election to which regulation 6 of the Social Security (Open Long-Term Benefits) (Insurability and Special Classes) Regulations 1997 applies in respect of that person.
(3) Contributions made under these regulations shall be paid either by way of a single payment within one year of making the election under sub- regulation (1), above, or by instalments under sub-regulations (4) and (5), below.
(4) Payments of contributions by instalments shall be—
(a) made in a manner approved by the Director; and
(b) made by equal annual instalments subject to sub-regulation (5).
(5) The first annual instalment shall be payable on the first anniversary of the election under sub-regulation (1), and the final instalment shall be payable on whichever is the later of either–
(a) the last anniversary of the said election prior to the insured person’s sixtieth birthday; or
(b) five years after the said election,
providing that the insured person may at any time make an early payment of the whole of any annual instalment or instalments (including the first).
Social Security (Open Long-Term Benefits Scheme) SOCIAL SECURITY (SUPPLEMENTARY CONTRIBUTIONS)
REGULATIONS 2016
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1997-16
Subsidiary 2016/024
(6) Any contributions paid by annual instalments shall be attributed to the most recent as possible part of the contribution record.
(7) Where there are annual instalments yet to be paid, the right to pay contributions under these regulations shall be extinguished on the death of the insured person or a failure to comply with the requirements of sub- regulations (3), (4) and (5).
(8) For the avoidance of doubt, all payments shall be non-refundable.
(9) In respect of the first instalment payment, nothing in these Regulations entitles a person to claim any payment of benefit in respect of a period prior to 1 April 2016.
(10) In respect of any subsequent instalment payments, nothing in these Regulations entitles a person to claim any payment of benefit in respect of a period prior to the payment of that instalment.