Income Support (Amendment No.11) (Jersey) Regulations 201-: Lodging

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 2 May 2014:

Decision Reference: MD-S-2014-0049
Decision Summary Title :	DS – Income Support (Amendment No.11) (Jersey) Regulations 201-		Date of Decision Summary:	30 April 2014
Decision Summary Author:	Policy and Strategy Director		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	WR - Income Support (Amendment No.11) (Jersey) Regulations 201-		Date of Written Report:	30 April 2014
Written Report Author:	Policy and Strategy Director		Written Report : Public or Exempt?	Public
Subject: Income Support (Amendment No.11) (Jersey) Regulations 201-
Decision(s): The Minister decided to lodge ‘au Greffe’ the Income Support (Amendment No.11) (Jersey) Regulations 201-
Reason(s) for Decision: In December 2013, the States Assembly approved various propositions in respect of the long-term care scheme. P.99/2013 set out the details of the scheme and was accompanied by 7 items of primary legislation and regulations required to implement various aspects of the Long-Term Care Law. It was agreed that the scheme would come into effect on 1 July 2014. The Income Support (Amendment No.11) (Jersey) Regulations 201- makes minor amendments to the Income Support Regulations so that references within Income Support legislation to individuals receiving long-term care are aligned with the Long-Term Care Law.
Resource Implications: The Long Term Care Fund has been set up and benefits under the Long-Term Care Law will be paid from the Fund.
Action required: Policy and Strategy Director to request the Greffier of the States to arrange to lodge ‘au Greffe’ the draft legislation and to request a States debate on 17 June 2014.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Income Support (Amendment No.11) (Jersey) Regulations 201-: Lodging

Social Security

Ministerial Decision Report

In December 2013, the States Assembly approved various propositions in respect of the Long-Term Care Scheme. P.99/2013 set out the details of the scheme and was accompanied by 7 items of primary legislation and regulations required to implement various aspects of the Long-Term Care Law.

Development of the Long-Term Care Scheme is ongoing and benefits will be available from 1 July 2014.

A minor change is needed to the existing Income Support Regulations to align the wording used in the Income Support Law with the forthcoming Long-Term Care Law.

These Regulations replace the existing definition of “residential care” and add new definitions for “approved care home” and “long-term-care” in line with the definitions used in the Long-Term Care Law.

Schedule 1 of the Income Support Regulations identifies the components that an individual can claim. Changes are made to the component for basic adult living costs, which is not available if an individual is receiving long-term care in an approved care home. These costs will be covered through the means tested element of the Long-Term Care Law. Similarly, the references to a claimant receiving residential care under the impairment components are replaced by references to the claimant receiving long-term care.

Financial and manpower considerations

The Long Term Care Fund has been set up and benefits under the Long-Term Care Law will be paid from the Fund.

There are no direct financial or manpower impacts in respect of these specific Regulations.