Social Security Ministerial Discretion: Payment to students in response to the Covid-19 (Coronavirus) pandemic

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A decision made on 1 December 2020

Decision Reference: MD-S-2020-0081
Decision Summary Title :	Social Security Ministerial Discretion Students		Date of Decision Summary:	23 November 2020
Decision Summary Author:	Senior Policy Officer		Decision Summary: Public or Exempt?	public
Type of Report:	Written		Person Giving	NA
Written Report Title :	Social Security Ministerial Discretion Students		Date of Written Report:	23 November 2020
Written Report Author:	Senior Policy Officer		Written Report: Public or Exempt?	public
Subject: Social Security Ministerial Discretion payment to students in response to the Covid19 (Coronavirus) pandemic
Decision(s): The Minister decided to review and extend the terms of a decision issued as MD-S-2020-0021. Some students have been forced to return to Jersey early from their accommodation outside the Island because of the Covid-19 (Coronavirus) pandemic. Despite this, students will have financial commitments in the form of rent to pay outside the Island. Normally, students would not be eligible for the adult component of Income Support in a week where they qualify for an educational maintenance grant. Based on advice from the Children, Young People, Education and Skills Department (CYPES) the Minister has decided that the situation of these students is an exceptional one and will pay the students the equivalent of the adult component whilst they are back in Jersey. Some students will be unable to return to the Island during the holidays and will remain in their accommodation outside the Island. They would also not normally be eligible for the Income Support adult component, as it is not payable off-Island, but the Minister has decided that these students can be included in their parents’ households. Subject to a Determining Officer reviewing the individual circumstances of each household, to confirm that the student does have costs outside the island, the Minister has decided to make a discretionary payment to each affected household under Article 8 (2) of the Income Support (Jersey) Law 2007. Each case will be subject to individual review by a Determining Officer, and the payments will cease if the student’s situation changes.
Reason(s) for Decision: The normal movements of students have been heavily affected by the current pandemic. Therefore, the Minister, in accordance with Article 8(2) of the Income Support (Jersey) Law 2007 approved payment under Income Support Ministerial Discretion to pay the adult component in respect of them.
Resource Implications: £99.61 a week per student, subject to ongoing review. For up to 53 students (estimated maximum) £5279.33 a week. Based on the possibility of up to 8 weeks of payments, an estimate potential cost of £42,234.64. This will be reviewed in December.
Action required: Senior Policy Officer to notify Customer & Local Services Manager to make payment
Signature:		Position: Social Security Minister
Date Signed: 07 April 2020		Date of Decision (If different from Date Signed):

Social Security Ministerial Discretion: Payment to students in response to the Covid-19 (Coronavirus) pandemic

Income Support

Exceptional Circumstances Special Payment Report

Decision of the Minister for Social Security made under Article 8 (2) & (3) of the Income Support (Jersey) Law 2007.

Description of request

Approval of payment under Income Support Ministerial Discretion to pay the adult component rate in respect of multiple students in Income Support families who are temporarily unable to return to full-time education in the UK

Value

£99.61 a week per student, subject to ongoing review. For up to 53 students (estimated maximum) £5279.33 a week. Based on the possibility of up to 8 weeks of payments, an estimate potential cost of £42,234.64. This will be reviewed in December and the amount paid to individual students may exceed 8 weeks.

Reason for request

Some students have been forced to return to Jersey early from their accommodation outside the Island because of the Covid-19 (Coronavirus) pandemic. Despite this, students will have financial commitments in the form of rent to pay outside the Island. Normally, students would not be eligible for the adult component of Income Support in a week where they qualify for an educational maintenance grant. Based on advice from the Children, Young People, Education and Skills Department (CYPES) the Minister has decided that the situation of these students is an exceptional one and will pay the students the equivalent of the adult component whilst they are back in Jersey.

Some students will be unable to return to the Island during the holidays and will remain in their accommodation outside the Island. They would also not normally be eligible for the Income Support adult component, as it is not payable off-Island, but the Minister has decided that these students can be included in their parents’ households.

Subject to a Determining Officer reviewing the individual circumstances of each household, to confirm that the student does have costs outside the island, the Minister has decided to make a discretionary payment to each affected household under Article 8 (2) of the Income Support (Jersey) Law 2007.

Each case will be subject to individual review by a Determining Officer, and the payments will cease if the student’s situation changes.

Relevant exceptional circumstances

The normal movements of students have been heavily affected by the current pandemic. Therefore, the Minister, in accordance with Article 8(2) of the Income Support (Jersey) Law 2007 approved payment under Income Support Ministerial Discretion to pay the adult component in respect of them.

Reason request does not fall under Income Support scheme.

The Income Support legislation states that the adult component of Income Support is not payable for any week in which the student receives a maintenance grant under Article 51 of the Education (Jersey) Law 1999.

Article 1 of Schedule 1 to the Income Support (Jersey) Regulations 2007 says that

1 Criteria for basic components

(1) A household is not entitled to a basic component under Article 5(2)(a) to (ca) of the Law in respect of any member of the household –

(a) during any week in which the member is entitled to a grant under an Order made by the Minister for Education under Article 51 of the Education (Jersey) Law 1999 [26] that is intended to cover the whole of that week;

And, the same Article specifies that Income Support is also not payable off Island:

(d) for the fifth or subsequent week that the member is outside Jersey –

(I) during the 12-month period beginning on the date of determination of the claim for income support, and

(ii) during any subsequent 12-month period immediately following that period.