Social Security Department: Delegation of Functions

Information about the publication of Ministerial Decisions

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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
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A decision made 14 November 2014:

Decision Reference: MD-S-2014-00146
Decision Summary Title	Social Security Department - Ministerial delegations		Date of Decision Summary:	13 November 2014
Decision Summary Author:	Business Manager		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title	Social Security Department - Ministerial delegations		Date of Written Report:	13 November 2014
Written Report Author:	Business Manager		Written Report : Public or Exempt?	Public
Subject: Ministerial delegations for the Social Security Department
Decision(s): The Minister approved the delegation of functions as set out in the attached report.
Reason(s) for Decision: To update existing Ministerial delegations under article 28 of the States of Jersey Law 2005 in respect of the Social Security Department following the appointment of a new Social Security Minister. Article 28 of the States of Jersey Law 2005 permits a Minister to delegate, wholly or partly, functions to an Assistant Minister or an officer. This decision provides legal authority to the Department in order that it can carry out the daily functions required under the relevant legislation.
Resource Implications: There are no resources implications.
Action required: Business Manager to forward a request to the Greffier of the States and Publications Editor, asking for arrangements to be made for presentation to the States as a Report.
Signature:		Position: Minister – Social Security
Date Signed:		Date of Decision (If different from Date Signed):

Social Security Department: Delegation of Functions

Social Security Department

Ministerial Decision Report – cont.

Social Security Department Delegation of Functions

Purpose of the Report

To update existing Ministerial delegations under article 28 of the States of Jersey Law 2005 in respect of the Social Security Department following the appointment of a new Social Security Minister.

Article 28 of the States of Jersey Law 2005 permits a Minister to delegate, wholly or partly, functions to an Assistant Minister or an officer.

The Law states, inter alia –

“28 Power of Minister to delegate functions

(1) A Minister may delegate, wholly or partly, functions conferred upon or vested in the Minister by or under this Law or any other enactment of the United Kingdom having effect in Jersey, to – (a) one of his or her Assistant Ministers; b) an officer.

(2) A Minister shall not delegate –(a) any power to make an enactment; (b) any power to decide an appeal under an enactment; (c) any function the delegation of which is prohibited by an enactment.

(3) The delegation of functions by a Minister under this Article shall not prevent the Minister exercising those functions personally

Decision

On 13 November 2014 the Minister for Social Security confirmed a decision regarding delegating certain of her functions under Article 28 of the States of Jersey Law 2005 as shown below:

Delegation of financial authorities:

Legislation	Social Security (Jersey) Law 1974
Delegate	Chief Officer of the Social Security Department (The chief officer is referred to as the ‘Controller’ under the Social Security (Jersey) law 1974) During absences or incapacity, the Chief Officer will delegate their authority to the Deputy Chief Officer of the Social Security Department who is also a Director of the Department.
Function Delegated	Article 31 (1) to transfer monies from the Social Security Fund to the Social Security (Reserve) Fund.
Scope of delegation	To transfer available cash from short-term investment into the Reserve fund for onward investment by Fund managers.
Legislation	Public Finances (Jersey) Law 2005 Social Security (Jersey) Law 1974 Health Insurance (Jersey) Law 1967 Long Term Care (Jersey) Law 2012
Delegate	Chief Officer of the Social Security Department During absences or incapacity, the Chief Officer will delegate their authority to the Deputy Chief Officer of the Social Security Department who is also a Director of the Department.
Function Delegated	Approve the Social Security Department’s Authorised Signature schedule, approved expenditure limits and bank signing limits, conditional on them being within the pre-authorised limits specified below.

Legislation	Public Finances (Jersey) Law 2005 Social Security (Jersey) Law 1974 Health Insurance (Jersey) Law 1967 Long Term Care (Jersey) Law 2012
Delegate	Chief Officer of the Social Security Department
Function Delegated	Approval of non-contentious inter-departmental budget transfers of up to £100,000 Payments to individual Pharmacists not exceeding £500,000 Accept tenders not exceeding £1,500,000 Signing formal contracts ,including contracts entered into under Article 20B of the Health Insurance Law, and other forms of engagement not exceeding £1,500,000 Place and accept orders, and approve invoices for payment not exceeding £250,000 Appointment of consultants, contract not exceeding £1,500,000 Write offs not exceeding £50,000
Scope of Delegation	By any formal documentation. As part of the Department’s quarterly reporting mechanism, the Minister will receive a report showing the number of contracts signed during that period, their form and value.

Legislation

Public Finances (Jersey) Law 2005

Social Security (Jersey) Law 1974

Health Insurance (Jersey) Law 1967

Long Term Care (Jersey) Law 2012

Delegate

Director of Finance and Governance

Director of Operations

Director of Contributions, Enforcement and Contributory Benefits

Director of Strategy and Policy

Director of Health and Safety

Function Delegated

Accept tenders not exceeding £50,000
Payments to individual Pharmacists not exceeding £200,000
Signing formal contracts and other forms of engagement not exceeding £50,000
Place and accept orders, and approve invoices for payment not exceeding £50,000
Appointment of consultants, contract not exceeding £50,000
Write offs not exceeding £25,000

The above delegations supersede MD-S-2007-0029 and MD-S-2014-0114

Delegation for the appointment of Determining Officers

Approval for the Chief Officer and in their absence the Deputy Chief Officer, who is also a Director of the Department, the following delegated powers with immediate effect:

Legislation	Function delegated
Article 28 of the Health Insurance (Jersey) Law 1967	The power to appoint Determining Officers for the determination of any question arising under or in connection with this Law, including any claim for benefit.
Article 33 of the Social Security (Jersey) Law 1974	The power to appoint Determining Officers for the determination of any question arising under or in connection with this Law, including any claim for benefit.
Article 9 of the Income Support (Jersey) Law 2007	The power to appoint Determining Officers for the determination of any claim under this Law.
Article 8 of the Long-Term Care (Jersey) Law 2012	The power to appoint Determining Officers for the determination of any question arising under or in connection with this Law, including any claim for benefit.

The above delegations supersede MD-S-2012-0011 and MD-S-2014-0083.

Delegations in respect of the Long-Term Care Scheme

Legislation	Long-Term Care (General Provisions) (Jersey) Order 2014, Article 12.
Delegate	Chief Officer of the Social Security Department and, in his/her absence, the Director of Contributions, Enforcement and Contributory Benefits.
Function Delegated	The power to appoint, suspend and remove approved registered persons who may make assessments for the purposes of article 5 or article 7 of the Long-Term Care (Jersey) Law 2012, or both.
Legislation	Long-Term Care (General Provisions) (Jersey) Order 2012, Article 13.
Delegate	Chief Officer of the Social Security Department and, in his/her absence, the Director of Contributions, Enforcement and Contributory Benefits.
Function Delegated	The power to approve, suspend approval, and revoke approval in respect of an approved care home under the Long-Term Care (Jersey) Law 2012.

Legislation	Social Security Hypothec (Jersey) Law 2014, Article 2.
Delegate	Director of Contributions, Enforcement and Contributory Benefits, Manager for Contributory Benefits, Team Leader for long-term care benefits
Function Delegated	The power to submit an application to the Judicial Greffier to register a Social Security hypothec in the public registry. The power to give notice of the registration of the Social Security hypothec to the debtor.
Legislation	Social Security Hypothecs (Jersey) Law 2014, Article 4.
Delegate	Finance and Governance Director, Finance Manager, Finance Team Leader
Function Delegated	The power to cancel a Social Security hypothec, following its extinguishment. The power to provide notice to the Judicial Greffier of the extinguishment of the debt.
Legislation	Social Security Hypothecs (Jersey) Law 2014, Article 5 and Royal Court (Jersey) Law 1948 Article 13
Delegate	Contributions, enforcement and contributory benefits director, Contributory benefits Manager, Long-term care benefits Team Leader
Function Delegated	The power to submit an application to the Judicial Greffier to register a Social Security hypothec in the public registry. The power to execute the form of notification of the Social Security hypothec.
Legislation	Social Security Hypothecs (Jersey) Law 2014, Article 5 and Royal Court (Jersey) Law 1948 Article 13
Delegate	Finance and Governance Director, Finance Manager, Finance Team Leader
Function Delegated	The power to provide written confirmation to the Judicial Greffier of the extinguishment of the debt.

The above delegations supersede MD-S-2014-0102

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