Income Support Medical Appeal Tribunal: Reappointment

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A decision made 1 October 2013:

Decision Reference: MD-S-2013-0097
Decision Summary Title :	Re-Appointment to Income Support Medical Appeal Tribunal		Date of Decision Summary:	30 September 2013
Decision Summary Author:	Head of Governance		Decision Summary: Public or Exempt	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Proposition to recommend Tribunal Re-Appointments		Date of Written Report:	30 September 2013
Written Report Author:	Head of Governance		Written Report : Public or Exempt?	Public
Subject: Social Security Tribunal Recommendations for Re-Appointment
Decision(s): The Minister decided to propose the reappointment of certain persons to the Social Security Tribunal and approved a report and proposition relevant thereto.
Reason(s) for Decision: The Social Security Tribunal constituted under the Social Security (Jersey) Law 1974 hears any appeals on matters regarding the award of the benefits under the Social Security, Health Insurance, Income Support, Christmas Bonus and Television Licence Laws, and the Food Costs Bonus and Cold Weather Bonus Regulations. Article 8 of the Social Security (Determinations of Claims and Questions) (Jersey) Order 1974 provides that Tribunal members are eligible for reappointment on the recommendation of the Minister, subject to consultation with the Jersey Appointments Commission. Following consultation with the Appointments commission, it is proposed to reappoint the members for terms of 2, 3 and 5 years.
Resource Implications: There are no financial or manpower implications.
Action required: Head of Governance to ask the Greffier of the States to lodge ‘au Greffe’ the Proposition at the earliest opportunity.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Income Support Medical Appeal Tribunal: Reappointment

PROPOSITION

THE STATES are asked to decide whether they are of opinion 

to appoint, in accordance with Article 33A of the Social Security (Jersey) Law 1974, further to a process overseen by the Jersey Appointments Commission, the following persons as members of the Social Security Tribunal for the period stated against their name–

Advocate Charles Thacker Chair 2 years

Advocate Marion Whittaker Deputy Chair 3 years

Mr David Moody Panel Member 5 years

Mrs Sandra Le Monnier Panel Member 5 years

MINISTER FOR SOCIAL SECURITY

REPORT

Background

The Social Security (Determination of Claims and Questions) (Jersey) Order 1974 (as amended) provides for the constitution of the Social Security Tribunal.

The Social Security Tribunal has been in place since 1974 and hears appeals on a range of benefits under the Social Security Law, as well aspects of other legislation administered by the Social Security department such as the Income Support and Health Insurance Laws.

The constitution of the Social Security Tribunal comprises a Chair, (or a Deputy Chair) holding a qualification in law, and two lay members from a panel of up to 12 other members.

Social Security Tribunal

The Tribunal will review all facts placed before it by the Appellant and the Minister for Social Security (or his representative) and make a determination within the appropriate aspects of the Law as to whether the decision is fair and reasonable.

The Tribunal may confirm, reverse or vary the decision made by the department’s Determining Officer. Hearings will be held in public unless the Tribunal considers it necessary to sit in private.

The Tribunal consists of a legal Chair, to ensure correct interpretation of legislation and two lay members to provide a representative public view.

Terms of re-appointment

The Income Support (General Provisions) (Jersey) Order 2008 provides that members of the Tribunal may be reappointed for a further term of office. The appointment of Tribunal members is in accordance with the Jersey Appointments’ Commission Code for Quangos and Tribunals. Reappointment of members is accepted providing it does not exceed a total of 10 years.

Following consultation with the Appointments Commission, to ensure continuity of the Tribunal it is proposed that the Chair be reappointed for a 2 year term and the Deputy Chair for a 3 year term. This allows a staggering of the recruitment process moving forward.

It is proposed the members are reappointed for a further 5 year term.

The Minister is confident that all individuals proposed have the skills necessary to uphold the fairness and integrity of the tribunal system.

Members proposed for reappointment

Chair of the Social Security Tribunal:

Advocate Charles Thacker was born and raised in Jersey. He studied law at Oxford prior to being called to the Bar in the UK in 1970. He was sworn in as an Advocate of the Royal Court of Jersey in 1974 and appointed Notary Public in the same year.

Charles is a Senior Partner in the legal practice of Viberts and specialises in probate, property law and litigation.

He was elected President of the Jersey Law Society in June 2008, his term of office ending in 2012. Charles also served as the Chair of the Health and Safety at Work Tribunal

Advocate Thacker was appointed as Chair to the Social Security Tribunal in 2008 having been a member of the Panel since 1993. His experience is essential to the continuity of process of the tribunal hearings.

Deputy Chair of the Social Security Tribunal:

Advocate Marian Whittaker was born locally and qualified as a barrister in 1975 and as an Advocate in March 1977. Having practiced locally, her experience in general practice is broad but more recently includes private client, elderly client, family matters (which often includes matters relating to social security), Wills and probate.

Advocate Whittaker has participated in several working parties advising the States of Jersey on changes to family law, both matrimonial and children, and in relation to sex discrimination.

Advocate Whittaker was Chair of the Jersey Family Law Association for several years during which time the Association was engaged in active progress of family law in Jersey. She was previously Vice Chair of Relate and she is currently Chair of the Family Mediation (Jersey) formerly The Jersey Family Mediation Service.

Advocate Whittaker has also been a member of the Criminal Injuries Compensation Board panel since 2010.

Panel Members:

Mr David Moody is currently employed at the States Ambulance Service, commencing in 1989 as an Operational Ambulance Paramedic and now oversees several paramedics, Ambulance Technicians and support staff. His role as Association Representative requires him to represent colleagues at disciplinary hearings.

On a personal level, he has first-hand experience in caring for someone with severe disabilities, covering issues likely to be considered by the Tribunal.

Mr Moody is used to dealing with a wide variety of situations and people from varied backgrounds.

Mrs Sandra Le Monnier has wide knowledge and understanding of the various benefit systems from her own experience. In March 2007, Mrs Le Monnier gave up employment as a sales assistant to become a full time carer including the management of personal finances and benefit applications.

In her spare time, Mrs Le Monnier, as a member of the Social Committee for St. Martins Football Club since 1994, assists the club with fund raising activities.

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