TRANSPORT AND TECHNICAL SERVICES
DVS UNIT
MOTOR TRAFFIC (THIRD-PARTY INSURANCE) (EXPENSES LIMITS) (JERSEY)
ORDER 2013 - ANNUAL INCREASE
Purpose of the Report
To confirm that the Minister for Health and Social Services has consulted the Minister on amending the Schedule to the Motor Traffic (Third-Party Insurance) (Expenses Limits) (Jersey) Order 2013, which sets out the tariffs and ceiling on charges for costs recovered from third-party insurers for treating persons injured in road traffic accidents.
Background
The Minister is generally responsible for the Motor Traffic (Third-Party Insurance) (Jersey) Law 1948. In May 2012, following approval by the Privy Council, the Motor Traffic (Third-Party Insurance) (Amendment No.12) (Jersey) Law 2012 came into effect. Under Article 3(2B) of the amended Law, the Minister for HSS must consult the Minister for TTS when prescribing, by Order, “the limits on the amounts of expenses to be paid in respect of a person who dies or is bodily injured”, from motor insurers, following a road traffic accident.
Discussion
The Motor Traffic (Third-Party Insurance) (Expenses Limits) (Jersey) Order 2013 sets out the tariffs and ceiling on charges for costs so that maximum amounts may be recovered from third-party insurers in respect of the costs of treatment and ambulance services provided for victims of road traffic accidents.
The Compensation Recovery Unit, on behalf of the Department of Health, currently administers this scheme in the UK where it is called The NHS Injury Cost Recovery (ICR) Scheme. Since February 2013 they have also administered it for Health and Social Services in Jersey.
It was previously agreed that the tariffs in Jersey would be the same as those in the UK and should be uplifted annually to reflect increases in costs, as happens in the UK. The annual uplift in the UK occurs on 01 April each year.
The tariff and ceiling on charges (cap) payable by compensators for the recovery of treatment and ambulance costs will increase from 01 April 2015. The increases will apply only to injuries sustained on or after this date.
The Table below shows the proposed uplift for 2015 which the Minister for HSS would intend to set out in the Order.
Expenses Limits |
1 Period within which injury occurred | 2 Ambulance services | 3 Out-patient Treatment | 4 In-patient treatment per day or part | 5 Total maximum amount |
On or after 01.04.2014 | £192 | £637 | £783 | £46,831 |
On or after 01.04.2015 | £195 | £647 | £796 | £47,569 |
Prior to approving instruction to the Law Draftsman to prepare an Order under Article 3 of the Motor Traffic (Third-Party Insurance) (Jersey) Law 1948 to reflect the revised charges, the Minister for HSS is consulting the Minister on these revised charges.
Recommendation
The Minister is asked to:-
- Acknowledge the Minister for HSS has consulted him on the proposed revised charges;
- Support the Minister for HSS in introducing these proposed revised charges.
Reason(s) for Decision
To maintain procedures for the recovery of the costs of treating persons injured in road traffic accidents.
Action required
Head of Driver and Vehicle Standards to confirm to the Health and Social Services Minister the Transport and Technical Services Minister’s support for the proposed charges.
Written by: Head of Driver & Vehicle Standards, Inspector of Motor Traffic
Approved by: Director of Transport