Social Security (Claims and Payments) (Jersey) Order 1974: Home Carer's Allowance: Evidence Time Limits

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A decision made 3 January 2013:

Decision Reference:MD-S-2013-0001
Decision Summary Title :	Home Carer’s Allowance time limits for evidence		Date of Decision Summary:	03 January 2013
Decision Summary Author:	Pensions and Health Manager		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Home Carer’s Allowance time limits for evidence		Date of Written Report:	02 January 2013
Written Report Author:	Pensions and Health Manager		Written Report : Public or Exempt?	Public
Subject: Social Security (Claims and Payments) (Jersey) Order 1974 – Time Limits for evidence when obtaining Home Carer’s Allowance.
Decision(s):The Minister has decided that a four week time limit will apply for the submission of evidence to obtain payment of the Home Carer’s Allowance under Article 15(1) of the Social Security (Claims and Payments) (Jersey) Order 1974.
Reason(s) for Decision: The States approved the Social Security (Amendment of Law No.4) (Jersey) Regulations 2012 on 6 December 2012. The regulations created a new benefit – Home Carer’s Allowance – within the Social Security Law. Article 15(1) of the Social Security (Claims and Payments) (Jersey) Order 1974 provides that benefit claimants must furnish such evidence as is required in such manner and at such times as the Minister may determine. The Minister has determined that, as a condition on which any sums of Home Carer’s Allowance are payable, where the Social Security Department has requested any evidence (such as certificates, documents, information or facts) to substantiate a claim for Home Carer’s Allowance, a four week time limit will apply within which that evidence must be submitted to the Department. This allows Home Carer’s Allowance claims to be closed if verification is not provided by a claimant within a four week period of time following the Department’s request for that evidence.
Resource Implications: None
Action required: Pensions and Health Manager to advise relevant Social Security Officers of this decision.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Social Security (Claims and Payments) (Jersey) Order 1974: Home Carer's Allowance: Evidence Time Limits

Social Security Department Ministerial Decision Report
Subject:	Home Carer’s Allowance Time Limits for Evidence
Exempt Clause:		Date:	2 January 2013

Author:	Manager – Pensions and Health

The States approved the Social Security (Amendment of Law No. 4) (Jersey) Regulations 2012 on 6 December 2012. The regulations created a new benefit – Home Carer’s Allowance – within the Social Security Law.

Article 15(1) of the Social Security (Claims and Payments) (Jersey) Order 1974 provides that “every beneficiary and every person by whom or on whose behalf sums payable by way of benefit are receivable shall furnish in such manner and at such times as the Minister may determine such certificates and other documents and such information of facts affecting the right to benefit or to the receipt thereof as the Minister may require (either as a condition on which any such sum or sums shall be receivable or otherwise)”.

The Minister has decided that, as a condition on which any sums of Home Carer’s Allowance are payable, where the Department has requested any evidence (including certificates, documents, information or facts) to substantiate a claim for benefit, that evidence must be received by the Social Security Department within four weeks of the request, otherwise the claim will be treated as closed.

This decision is required to bring the time limit of four weeks for evidence to be provided in respect of claims to Home Carer’s Allowance in line with the time limit that is applied to Incapacity, Maternity and Insolvency Benefits as approved by the Minister in November 2012 (MD-S-2012-0094).

This is a necessary administrative action otherwise claims could remain open indefinitely if claimants do not provide the information that has been requested. In each case, the Department will write to the claimant requesting the evidence, stating the relevant time limit and the consequences of failing to submit the relevant evidence within that time limit. A claimant will have the right of redetermination and appeal against a decision to close a claim due to a failure to comply with the relevant time limit.