Social Security (Amendment No. 22) (Jersey) Law 201-

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
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

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A decision made 11 August 2014:

Decision Reference: MD-S-2014-107
Decision Summary Title :	DS - Lodge Social Security (Amendment No. 22) (Jersey) Law 201-		Date of Decision Summary:	11 August 2014
Decision Summary Author:	Policy and Strategy Director		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	WR - Lodge Social Security (Amendment No. 22) (Jersey) Law 201-		Date of Written Report:	11 August 2014
Written Report Author:	Policy and Strategy Director		Written Report : Public or Exempt?	Public
Subject: Social Security (Amendment No. 22) (Jersey) Law 201-
Decision(s): The Minister decided to lodge ‘au Greffe’ the Social Security (Amendment No. 22) (Jersey) Law 201-
Reason(s) for Decision: The Minister decided to lodge the Social Security (Amendment No. 22) (Jersey) Law 201- so that the constitution of the Medical Appeal Tribunal could be established under a subordinate order and brought in line with other Social Security appeal tribunals.
Resource Implications: There are no financial or resource implications.
Action required: Policy and Strategy Director to request the Greffier of the States to arrange to lodge the Draft Social Security (Amendment No. 22) (Jersey) Law 201- ‘au Greffe’, to be listed for the States sitting commencing 22 September 2014.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Social Security (Amendment No. 22) (Jersey) Law 201-

Social Security

Ministerial Decision Report

Social Security Medical Appeals Tribunal

Article 34 of the Social Security Law establishes a medical appeal tribunal for the purposes of providing an independent appeal mechanism in respect of decisions taken under articles 34A – 34D of the Law; these decisions refer predominantly to Long-Term Incapacity Allowance claims. The tribunal is currently comprised of three medical practitioners.

The current constitution of three medical practitioners has led to two practical problems.

It is not always easy to identify three medical practitioners who can take part in a tribunal hearing, who have not been involved in the previous care or treatment of the appellant.
The lack of a legal representative on the tribunal can create difficulties for the tribunal, when the decisions to be made include legal issues, as well as medical evidence. For example, whether a hearing should be heard in public or private is increasingly posed as a question for the tribunal to decide.

The Social Security Tribunal (which hears other appeals under the Social Security Law) and the Income Support Medical Appeal Tribunal (which hears medical appeals under the Income Support Law) both include a legal chair.

The Minister wishes to amend the constitution of the medical appeal tribunal, so that it also includes a legal chair. The medical appeal tribunal would therefore comprise a person holding a qualification in law and two medical practitioners. This detail will be included in the Social Security (Determination of Disablement Questions) Order but the primary Law must first be amended to allow the constitution of the tribunal to be set up under the Order.

To clarify the role of the tribunal, it will also be renamed as the Social Security Medical Appeals Tribunal.

Consequential amendment to Ministerial orders

The Minister wishes to complete this minor change to primary legislation during his term of office. Subsequent revisions to subordinate orders will be addressed over the next three months. These will ensure, as far as possible, a common procedure for tribunals and tribunal hearings in respect of all appeals made under the Social Security and Income Support Laws.

Financial and manpower considerations

There are no financial or manpower considerations associated with the change to the composition or name of the medical appeal tribunal.

Human Rights

No human rights notes are annexed because the Law Officers’ Department indicated that the draft Law does not give rise to any human rights issues.

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