Income Support: Medical Appeal Tribunal: Re-appointment of Members:

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A decision made 16 September 2013:

Decision Reference: MD-S-2013-0090
Decision Summary Title :	Re-Appointment to Income Support Medical Appeal Tribunal		Date of Decision Summary:	13 September 2013
Decision Summary Author:	Head of Governance		Decision Summary: Public or Exempt	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Proposition to recommend Tribunal Re-Appointments		Date of Written Report:	13 September 2013
Written Report Author:	Head of Governance		Written Report : Public or Exempt?	Public
Subject: Income Support Medical Appeal Tribunal Recommendations for Re-Appointment
Decision(s): The Minister decided to propose the reappointment of certain persons to the Income Support Medical Appeal Tribunal.
Reason(s) for Decision: Under the Income Support (Jersey) Law 2007, the Medical Appeal Tribunal hears any appeals on matters regarding the award of the Impairment component of the Income Support scheme. Article 15 of the Income Support (General Provisions) (Jersey) Order 2008 provides that Tribunal members are eligible for reappointment on the recommendation of the Minister, subject to consultation with the Jersey Appointments Commission. The Jersey Appointments Commission’s ‘Code of Practice for Appointments to Autonomous and Quasi-autonomous Public Bodies and Tribunals’ states that “it is recommended that the term of office of a member should not exceed 10 years”. The Tribunal members were appointed in 2008 for a term of five years, therefore, each is recommended for reappointment for a further term of five years.
Resource Implications: There are no financial or manpower implications.
Action required: Head of Governance to ask the Greffier of the States to lodge the Proposition at the earliest opportunity.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Income Support: Medical Appeal Tribunal: Re-appointment of Members:

PROPOSITION

THE STATES are asked to decide whether they are of opinion 

to appoint, in accordance with Article 15 of the Income Support (General Provisions) (Jersey) Order 2008, the following persons as members of the Income Support Medical Appeal Tribunal for a further period of 5 years –

Advocate Zoë Blomfield Chair

Dr Brendan Loane Medical Practitioner Panel Member

Mrs Barbara Bedford Panel Member

Mr David Moody Panel Member

Mrs Sandra Le Monnier Panel Member

MINISTER FOR SOCIAL SECURITY

REPORT

1. Background

The Income Support (General Provisions) (Jersey) Order 2008 provides for the composition of the Income Support Medical Appeal Tribunal and the terms of appointment of its members.

The Medical Appeal Tribunal has been in place since the implementation of Income Support in January 2008 to hear appeals on the award of the Impairment Component under the Income Support Law. Appeals on all other aspects of Income Support are heard by the Social Security Appeal Tribunal.

From January 2013, the Medical Appeal Tribunal also hears appeals on the award of Home Carer’s Allowance, a benefit paid to certain carer’s under the Social Security Law.

2. Medical Appeal Tribunal

The Tribunal will review all facts placed before it by the Appellant and the Minister for Social Security (or his representative) and make a determination within the appropriate aspects of the Law whether the decision is fair and reasonable.

The Tribunal may confirm, reverse or vary the decision made by the department’s Determining Officer. Hearings will be held in public unless the Tribunal considers it necessary to sit in private.

The Tribunal consists of a legal Chair, to ensure correct interpretation of legislation and one member from each of two panels.

The first panel consists of Medical Practitioners. The Medical Practitioners must be currently registered to practice medicine with the UK’s General Medical Council. The role of the medical practitioner will be to help the Tribunal interpret and understand specific clinical information and its relevance or not in the determination.

The second panel consists of Members with an experience in disability. Members of this Panel have experience either through their work, from having cared for someone, or because of their own situation, of the needs of someone with a disability. Panel members will use this experience to interpret the information provided and consider whether a reasonable assessment of abilities or caring needs has been made.

3. Terms of re-appointment

The Income Support (General Provisions) (Jersey) Order 2008 provides that members of the Tribunal may be reappointed for a further term of office. The appointment of Tribunal members is in accordance with the Jersey Appointments’ Commission Code for Quangos and Tribunals. Reappointment of members is accepted providing it does not exceed a total of 10 years.

The Minister recommends that each member is reappointed for a further term of five years.

4. Members Proposed fo reappointment

Chair of the Medical Appeal Tribunal:

Advocate Zoë Blomfield was born and educated in Jersey. After studying business and finance she then completed a law degree at London University.

After gaining ten years of varied practice experience in Jersey, Advocate Blomfield was sworn in as an Ecrivain of the Royal Court (Jersey Solicitor) in 2003. For several years she specialised in family law and is also qualified to practice collaborative law. Zoë was instrumental in introducing this practice to Jersey and is a member of the UK body Resolution, which advocates a constructive, non-confrontational approach to family law matters.

Zoe now heads up Viberts’ very busy Personal Law Department which deals with employment law, personal injury, wills, probate and curatorship matters. Zoe also still maintains a family private client practice.

Zoë was made a Partner of Viberts in 2006 and in November 2006 was sworn in as an Advocate of the Royal Court. In 2010 Zoe was appointed as Viberts’ Managing Partner and is responsible for the operational and strategic management of the firm.

Her experience of disability matters comes from her appointment as a Curator to a person with Cebral Palsy, and from dealing with many elderly people for whom she is a curator.

Medical Practitioner Panel:

Dr Brendan Loane has been a General Practitioner in Jersey since 2002 and is used to regularly assessing patients for fitness to work as well as providing information to aid Medical Board Doctors.

Dr Loane completed the Faculty of Occupational Medicine’s Diploma in Occupational Medicine which augments his work as an Occupational Physician for several local companies; supporting employers in assisting disabled employees in a work environment.

Lay Members Panel:

Mrs Barbara Bedford was employed as Head of Home with the Jersey Cheshire Home until 1998 and from then until 2007 as Senior Nurse at the Rehabilitation Clinic at Overdale.

Mrs Bedford’s experience working with people with disabilities and the elderly provides her with understanding of the impact of disabilities.

Mr David Moody is currently employed at the States Ambulance Service, commencing in 1989 as an Operational Ambulance Paramedic and now oversees several paramedics, Ambulance Technicians and support staff. His role as Association Representative requires him to represent colleagues at disciplinary hearings.

On a personal level, he has first-hand experience in caring for someone with severe disabilities, covering issues likely to be considered by the Tribunal.

Mr Moody is used to dealing with a wide variety of situations and people from varied backgrounds.

Mrs Sandra Le Monnier has wide experience of disabilities and benefit claims from her own experience. Mrs Le Monnier gave up employment as a sales assistant in March of 2007 to become full time carer including management of personal finances and benefit applications.

Mrs Le Monnier has been a member of the Social Committee for St. Martins Football Club since 1994 assisting the club with fund raising activities.

Financial and manpower implications

There are no financial or manpower implications.

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