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Social Security Department: Delegation of Functions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 14 November 2014:

Decision Reference:  MD-S-2014-00146

Decision Summary Title

Social Security Department - Ministerial delegations

Date of Decision Summary:

 13 November 2014

Decision Summary Author:

Business Manager

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title

Social Security Department - Ministerial delegations

Date of Written Report:

 

13 November 2014

Written Report Author:

Business Manager

Written Report :

Public or Exempt?

Public

Subject:  Ministerial delegations for the Social Security Department

Decision(s):  The Minister approved the delegation of functions as set out in the attached report.

Reason(s) for Decision: To update existing Ministerial delegations under article 28 of the States of Jersey Law 2005 in respect of the Social Security Department following the appointment of a new Social Security Minister.

 

Article 28 of the States of Jersey Law 2005 permits a Minister to delegate, wholly or partly, functions to an Assistant Minister or an officer.

 

This decision provides legal authority to the Department in order that it can carry out the daily functions required under the relevant legislation.

 

 

Resource Implications: There are no resources implications.

Action required: Business Manager to forward a request to the Greffier of the States and Publications Editor, asking for arrangements to be made for presentation to the States as a Report.  

Signature:

 

 

Position:  Minister – Social Security

 

 

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

Social Security Department: Delegation of Functions

 

 

 

Social Security Department

Ministerial Decision Report – cont.

 

 

 

 

Social Security Department Delegation of Functions

 

 

Purpose of the Report

 

To update existing Ministerial delegations under article 28 of the States of Jersey Law 2005 in respect of the Social Security Department following the appointment of a new Social Security Minister.

 

Article 28 of the States of Jersey Law 2005 permits a Minister to delegate, wholly or partly, functions to an Assistant Minister or an officer.

 

The Law states, inter alia

 

“28 Power of Minister to delegate functions

 

(1) A Minister may delegate, wholly or partly, functions conferred upon or vested in the Minister by or under this Law or any other enactment of the United Kingdom having effect in Jersey, to – (a) one of his or her Assistant Ministers; b) an officer.

 

(2) A Minister shall not delegate –(a) any power to make an enactment; (b) any power to decide an appeal under an enactment; (c) any function the delegation of which is prohibited by an enactment.

 

(3) The delegation of functions by a Minister under this Article shall not prevent the Minister exercising those functions personally

 

Decision

 

On 13 November 2014 the Minister for Social Security confirmed a decision regarding delegating certain of her functions under Article 28 of the States of Jersey Law 2005 as shown below: 

 

Delegation of financial authorities:

 

Legislation

Social Security (Jersey) Law 1974

 

Delegate

Chief Officer of the Social Security Department

 

(The chief officer is referred to as the ‘Controller’ under the Social Security (Jersey) law 1974)

 

During absences or incapacity, the Chief Officer will delegate their authority to the Deputy Chief Officer of the Social Security Department who is also a Director of the Department.  

 

Function Delegated

Article 31 (1) to transfer monies from the Social Security Fund to the Social Security (Reserve) Fund.

 

Scope of delegation

To transfer available cash from short-term investment into the Reserve fund for onward investment by Fund managers.

Legislation

Public Finances (Jersey) Law 2005

Social Security (Jersey) Law 1974

Health Insurance (Jersey) Law 1967

Long Term Care (Jersey) Law 2012

 

Delegate

Chief Officer of the Social Security Department

 

During absences or incapacity, the Chief Officer will delegate their authority to the Deputy Chief Officer of the Social Security Department who is also a Director of the Department.  

 

Function Delegated

Approve the Social Security Department’s Authorised Signature schedule, approved expenditure limits and bank signing limits, conditional on them being within the pre-authorised limits specified below.

 

 

 

 

Legislation

Public Finances (Jersey) Law 2005

Social Security (Jersey) Law 1974

Health Insurance (Jersey) Law 1967

Long Term Care (Jersey) Law 2012

 

Delegate

Chief Officer of the Social Security Department

 

Function Delegated

  • Approval of non-contentious inter-departmental budget transfers of up to £100,000
  • Payments to individual Pharmacists not exceeding £500,000
  • Accept tenders not exceeding £1,500,000
  • Signing formal contracts ,including contracts entered into under Article 20B of the Health Insurance Law, and other forms of engagement not exceeding £1,500,000
  • Place and accept orders, and approve invoices for payment not exceeding £250,000
  • Appointment of consultants, contract not exceeding £1,500,000
  • Write offs not exceeding £50,000

 

Scope of Delegation

By any formal documentation.  As part of the Department’s quarterly reporting mechanism, the Minister will receive a report showing the number of contracts signed during that period, their form and value.

 

 

 

 

 

 

 

 

 

 

 

Legislation

Public Finances (Jersey) Law 2005

Social Security (Jersey) Law 1974

Health Insurance (Jersey) Law 1967

Long Term Care (Jersey) Law 2012

 

Delegate

Director of Finance and Governance

 

Director of Operations

 

Director of Contributions, Enforcement and Contributory Benefits

 

Director of Strategy and Policy

 

Director of Health and Safety

 

Function Delegated

  • Accept tenders not exceeding £50,000
  • Payments to individual Pharmacists not exceeding £200,000
  • Signing formal contracts and other forms of engagement not exceeding £50,000
  • Place and accept orders, and approve invoices for payment not exceeding £50,000
  • Appointment of consultants, contract not exceeding £50,000
  • Write offs not exceeding £25,000

 

 

The above delegations supersede MD-S-2007-0029 and MD-S-2014-0114

 

Delegation for the appointment of Determining Officers

 

Approval for the Chief Officer and in their absence the Deputy Chief Officer, who is also a Director of the Department, the following delegated powers with immediate effect:

 

Legislation

Function delegated

Article 28 of the Health Insurance (Jersey) Law 1967

The power to appoint Determining Officers for the determination of any question arising under or in connection with this Law, including any claim for benefit.

Article 33 of the Social Security (Jersey) Law 1974

The power to appoint Determining Officers for the determination of any question arising under or in connection with this Law, including any claim for benefit.

Article 9 of the Income Support (Jersey) Law 2007

The power to appoint Determining Officers for the determination of any claim under this Law.

Article 8 of the Long-Term Care (Jersey) Law 2012

The power to appoint Determining Officers for the determination of any question arising under or in connection with this Law, including any claim for benefit.

The above delegations supersede MD-S-2012-0011 and MD-S-2014-0083.

 

Delegations in respect of the Long-Term Care Scheme

 

Legislation

Long-Term Care (General Provisions) (Jersey) Order 2014, Article 12.

Delegate

Chief Officer of the Social Security Department and, in his/her absence, the Director of Contributions, Enforcement and Contributory Benefits.

Function Delegated

The power to appoint, suspend and remove approved registered persons who may make assessments for the purposes of article 5 or article 7 of the Long-Term Care (Jersey) Law 2012, or both.

Legislation

Long-Term Care (General Provisions) (Jersey) Order 2012, Article 13.

Delegate

Chief Officer of the Social Security Department and, in his/her absence, the Director of Contributions, Enforcement and Contributory Benefits.

Function Delegated

The power to approve, suspend approval, and revoke approval in respect of an approved care home under the Long-Term Care (Jersey) Law 2012. 

 

Legislation

Social Security Hypothec (Jersey) Law 2014, Article 2.

Delegate

Director of Contributions, Enforcement and Contributory Benefits, Manager for Contributory Benefits, Team Leader for long-term care benefits

Function Delegated

The power to submit an application to the Judicial Greffier to register a Social Security hypothec in the public registry.  

The power to give notice of the registration of the Social Security hypothec to the debtor.

 Legislation

Social Security Hypothecs (Jersey) Law 2014, Article 4.

Delegate

Finance and Governance Director, Finance Manager, Finance Team Leader

Function Delegated

The power to cancel a Social Security hypothec, following its extinguishment.  

The power to provide notice to the Judicial Greffier of the extinguishment of the debt.

 

Legislation

Social Security Hypothecs (Jersey) Law 2014, Article 5 and Royal Court (Jersey) Law 1948 Article 13

Delegate

Contributions, enforcement and contributory benefits director, Contributory benefits Manager, Long-term care benefits Team Leader

Function Delegated

The power to submit an application to the Judicial Greffier to register a Social Security hypothec in the public registry. 

The power to execute the form of notification of the Social Security hypothec. 

 

Legislation

Social Security Hypothecs (Jersey) Law 2014, Article 5 and Royal Court (Jersey) Law 1948 Article 13

Delegate

Finance and Governance Director, Finance Manager, Finance Team Leader

Function Delegated

The power to provide written confirmation to the Judicial Greffier of the extinguishment of the debt.

 

The above delegations supersede MD-S-2014-0102

 

 

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