Long-Term Care (Jersey) Law 2012 (Appointed Day) Act 201-

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A decision made 28 October 2013:

Decision Reference: MD-S-2013-0109
Decision Summary Title :	Long-Term Care (Jersey) Law 2012 (Appointed Day) Act 201-		Date of Decision Summary:	25 October 2013
Decision Summary Author:	Strategy and Policy Director		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	NA
Written Report Title :	Long-Term Care (Jersey) Law 2012 (Appointed Day) Act 201-		Date of Written Report:	25 October 2013
Written Report Author:	Strategy and Policy Director		Written Report : Public or Exempt?	Public
Subject: Long-Term Care (Jersey) Law 2012 (Appointed Day) Act 201-
Decision(s): The Minister approved for lodging ‘au Greffe’ the appended Long-Term Care (Jersey) Law 2012 (Appointed Day) Act 201-
Reason(s) for Decision: The States approved the Long-Term Care (Jersey) Law 2012 in July 2011. P.99 – Long-term care scheme – has been lodged for debate on 19 November 2013 and summarises the policy proposals of the Minister for Social Security to bring the Long-Term Care Scheme into effect. Subject to the approval of P.99, this Appointed Day Act will bring part of the Long-Term Care (Jersey) Law 2012 into force immediately to allow the Long-Term Care Fund to be set up. The remainder of the Law will come into force on 1 July 2014, to allow benefits to be paid from the new fund.
Resource Implications: The development costs of the LTC scheme are being met through existing departmental budgets. Ongoing costs will be met through the LTC Fund itself. It is estimated that an additional 9.5 FTE will be required to administer the new scheme.
Action required: Strategy and Policy Director to request the Greffier of the States to lodge the Long-Term Care (Jersey) Law 2012 (Appointed Day) Act 201- to be listed for the States sitting of 10 December 2013.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Long-Term Care (Jersey) Law 2012 (Appointed Day) Act 201-

Accompanying Report for Long-Term Care (Jersey) Law 2012 (Appointed Day) Act

The Island faces a substantial increase in both the number and proportion of older residents over the next 30 years, with care costs predicted to more than double by 2044. In response to this issue, in July 2011 the States approved the Long-Term Care (Jersey) Law 2012. Details of the operation of the proposed scheme have now been set out in Proposition P.99/2013, which will be debated before this Act is considered.

The introduction of a Long-Term Care (LTC) scheme is designed to share long-term care costs more fairly across the community and the scheme will establish a clear and simple process to help individuals and their families understand the choices available and plan for the cost of long-term care. The proposed new scheme will provide financial support to Jersey residents who have significant long-term care needs and who are being cared for either in their own home or in a care home.

As set out in the report accompanying P. 99, it is proposed to introduce the long-term care benefit from 1 July 2014. In advance of that date, the long-term care fund itself must be set up in order that funds are available to make benefit payments from 1 July.

Part of the initial funding for the long-term care fund will be transferred from existing underspent budget in respect of 2013 from the Social Security departmental cash limit. It is therefore proposed to bring into force those parts of the Long-Term Care Law that create and regulate the fund itself before the end of 2013. The remaining parts of the Long-Term Care Law will come into force on 1 July 2014.

The Long-Term Care Law is divided into six parts:

Name of part	Description	Proposed date of coming into force
1 - Introductory	Defines terms used in the Law	The day after the Act is made
2 - Source of funds	Sets up the LTC Fund and describes how money is paid into and out of the Fund	The day after the Act is made
3 -Entitlement to benefits	Sets out the eligibility conditions to claim the benefit, provides for various types and amount of benefit, the assessment of long-term care needs and the approval of care homes and care packages	1 July 2014
4 - Claims and payments of benefit	Provides for administrative rules in respect of benefit claims and makes provision for an appeal process as well as creating offences under the Law.	1 July 2014
5 – Administration of the Fund	Provides for annual accounts and three yearly actuarial reviews to be undertaken, as well as powers to recover money due to the Fund.	The day after the Act is made
6 - Miscellaneous and closing	Article 16 allows regulations and orders to be made under the Law	The day after the Act is made
	Article 17 provides for the Schedule to the Law. Since the Long-Term Care Law was approved by the States in 2011, the proposal for the collection of contributions has changed. The schedule to the Long-Term Care Law provides for changes to existing schedules 1A and 1B within the Social Security Law. The current proposal is to add new schedules 1C and 1D to the Social Security Law and these schedules are now set out in the Social Security (Amendment of Law No.6) (Jersey) Regulations.	1 July 2014 Paragraphs 3b, 5 and 6 of the Schedule will not be brought into force. These paragraphs are no longer needed as alternative proposals have been included in the proposed changes to the Social Security Law. Contributions will be collected from January 2015. However this schedule will come into effect in July 2014 in line with changes to the Social Security Law to allow effective rate notices to be issued in the autumn of 2014.
	Article 18 gives the name of the Law and explains when the Law will come into force	The day after the Act is made

Financial and manpower considerations

The development costs of the LTC scheme are being met through existing departmental budgets. Ongoing costs will be met through the LTC Fund itself. It is estimated that an additional 9.5 FTE will be required to administer the new scheme.

L:\Strategy & Policy\Policy\Political & Ministerial (7.0)\Ministerial Business (7.1)\Ministerial Decisions (7.1.1)\2013\0109 - LTC (Jsy) Law 2012 (Appointed Day) Act 201\WR - LTC (Jsy) Law 2012 (Appointed Day) Act 201.docx