Income Support (Miscellaneous Provisions) (Jersey) Regulations 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 23 August 2013:

Decision Reference: MD-S-2013- 0080
Decision Summary Title	Draft Income Support (Miscellaneous Provisions) (Jersey) Regulations 201-		Date of Decision Summary:	23 August 2013
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	Income Support (Miscellaneous Provisions) (Jersey) Regulations 201-		Date of Written Report:	23 August 2013
Written Report Author:	Policy Principal		Written Report : Public or Exempt?	Public
Subject: Draft Income Support (Miscellaneous Provisions) (Jersey) Regulations 201-
Decision(s): The Minister decided to lodge ‘au Greffe’ the Draft Income Support (Miscellaneous Provisions) (Jersey) Regulations 201-
Reason(s) for Decision: The regulations create a system of enhanced penalties for Income Support claimants who repeatedly breach the conditions of their jobseeking agreement. These people will first be warned, and if they fail to heed this warning they will face increasingly longer cuts to their benefit, followed by the eventual removal of benefit altogether. Those who are genuinely unable to find work will not be penalised. Penalties are also introduced for those people who leave paid work without a good reason and wish to claim Income Support. The proposed regulations also contain a minor amendment that removes a household’s entitlement to a housing component in situations where all of its adult members are outside Jersey for longer than 4 weeks, or for similar periods where all adult members are in prison or in hospital. In addition, the proposed regulations clarify the matters which must be taken into account when determining any medical component payable in respect of a person. They also propose a slight revision to clarify the rules for assessment of a person who suffers from epileptic seizures.
Resource Implications: These regulations have limited financial implications. The intention of the strengthened sanctions is to create the appropriate benefit structure within which jobseekers are motivated to find and remain in paid employment. This should result in a decrease in benefit costs as the small number of individuals who are currently seeking to avoid their jobseeker responsibilities, will in future undertake these responsibilities more diligently and will move into paid employment. If they fail to do this, benefit costs will be reduced as the sanctions are applied. A substantial number of departmental staff currently support jobseekers through the Back to Work teams. No additional manpower resources are required to administer the revised sanction regime.
Action required: Policy Principal to request the Greffier of the States to lodge ‘au Greffe’ the draft legislation and to request a States debate on the sitting commencing 8 October 2013.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):