Long Term Care (Jersey) Law 201-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 7 July 2011 regarding:

Decision Reference: MD-S-2011-0055
Decision Summary Title :	DS - Amendment to Long-term Care (Jersey) Law 201-		Date of Decision Summary:	6 July 2011
Decision Summary Author:	Policy Principal		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	WR - Amendment to Long-term Care (Jersey) Law 201-		Date of Written Report:	6 July 2011
Written Report Author:	Policy Principal		Written Report : Public or Exempt?	Public
Subject: Lodge an amendment to the draft Long-term Care (Jersey) Law 201-
Decision(s): The Minister decided to lodge ‘au Greffe’ for States debate an amendment to the draft Long-term Care (Jersey) Law 201-.
Reason(s) for Decision: The amendment proposes that the level of assets to be disregarded for the purposes of the means test for long-term care funding should be set by Regulation.
Resource Implications: This amendment in itself does not have any financial and manpower implications, but it does provide for an agreed level of assets to be disregarded from any financial assessment for the purposes of means testing. These decisions may have financial implications in the future.
Action required: Policy Principal to request that the Greffier of the States lodges ‘au Greffe’ the above-mentioned projet and lists it for States debate as soon as possible at the meeting commencing 18 July 2011 but not before 21 July 2011.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Long Term Care (Jersey) Law 201- - Amendment to Draft

Report

This amendment reflects the Minister for Social Security’s desire to set by Regulation the level of assets to be disregarded within the means test for long-term care funding. He recognises that this is an important issue on which States Members hold strong views and therefore should properly be decided by Members.

As stated in the Report that forms part of P108:

‘A condition of accessing the [long-term care] benefit is that the individual commits to pay their contribution to the fee levied by the care provider that relates to their day-to-day living costs – the co-payment. When added to the long-term care benefit, it will cover the total cost of a place in a care home. If someone is unable to pay the full co-payment, then they will be able to access means-tested help after a financial assessment that will take into account their income and assets and those of their partner.’ (Italics added for emphasis.)

With the long-term care benefit meeting much of the cost of long-term care, the amount that individuals requiring care are expected to contribute themselves to the care fees will be much reduced. The new financing arrangements will remove much of the financial uncertainty and worry that many people currently face as they or a close family member moves into care.

Many people will be able to meet the co-payment from their pension and other income. This will alleviate the situation that can arise under current funding arrangements where, in having to fund the full cost of care on their own account, some Jersey families are faced with the prospect of have to use up all their savings or even sell their home.

Only those who cannot meet the co-payment will be subject to a means test.

In his Report, the Minister indicated that, in his view, family homes worth up to £750,000 should be disregarded from any assessment of assets. Homeowners would also be allowed to hold other capital of up to £25,000 and still be eligible for financial assistance with the co-payment. For non-homeowners, assistance would be provided if their capital and savings were under a total of £100,000.

Subject to the approval of the States Assembly of this amendment, a Regulation setting out the details of these asset disregards will be prepared and lodged for debate in the first half of 2012.

Financial and manpower implications

This amendment in itself does not have any financial and manpower implications, but it does provide for an agreed level of assets to be disregarded from any financial assessment for the purposes of means testing. These decisions may have financial implications in the future.