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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 18 September 2014:

Decision Reference: MD-S-2014-0124
Decision Summary Title :	IS disregard for fostering payments 20140903		Date of Decision Summary:	05 September 2014
Decision Summary Author:	Policy Principal		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	WR - IS disregard for fostering payments 20140903		Date of Written Report:	03 September 2014
Written Report Author:	Policy Principal		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	N/A
Subject: Income Support disregard for professional fostering
Decision(s): The Minister decided to disregard a fixed sum of the income received by professional foster parents
Reason(s) for Decision: The Minister decided to put in place limited measures to assist the fostering service in potentially recruiting new participants from amongst the families receiving Income Support. Many families will already have a member who is exempt from jobseeking to look after children. For ‘connected persons’ wishing to adopt a fostered child, the Minister decided that in these cases the child can be included in the Income Support household once it has been adopted. Any top-up fees will be monitored, but fully disregarded. Procedures will be put in place to monitor to ensure that top-up fees payable in respect of disabled children are offset against any disability award from Income Support, to ensure that foster parents are not overpaid.
Resource Implications: There will be no manpower implications for this change. The financial implication is negligible and will be absorbed into the existing budget of Income Support.
Action required: Policy Principal to amend the Income Support Determining officer’s Guidelines to reflect this change
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Income Support: Disregard for Professional Fostering

Income Support disregard for professional fostering

Officers of the Social Security Department have recently held meetings with the Head of Children’s Social Work and the Manager of Fostering and Adoption Jersey. Funding has been approved to create a specialist fostering service in Jersey by paying some foster parents who have earned accredited care skills – at present the parents receive a “boarding out allowance” to cover costs, but receive no payment for their time. Parents will be paid more as they earn accreditation at the higher levels. This is based on a successful UK model.

In addition, there is an objective to increase the number of children who are formally adopted by family carers, typically grandparents. In many cases these children would then become part of an Income Support household.

The Fostering and Adoption service has indicated it would like to investigate how it can provide a financial incentive to people receiving Income Support to become accredited foster carers, without this being fully regarded as an income. In addition, it would like to ensure there is no financial disincentive for ‘connected persons’ to formally adopt the children.

Limited disregard of fostering income under Income Support

The Minister decided to put in place limited measures to assist the fostering service in potentially recruiting new participants from amongst the families receiving Income Support. Many families will already have a member who is exempt from jobseeking to look after children, and so could potentially find this arrangement worthwhile.

Earnings disregard for paid foster carers

The Minister decided that the first £100 of income from fostering will be disregarded from the Income Support calculation, in addition to the boarding out allowance (which is already disregarded at present).

Any further income above that level will be subject to the standard Income Support earnings disregard (23%) with an additional disregard of the 6% value of Social Security contributions (if they are paid). This would mean that a person receiving a fee of £150 per week would keep £111.50 of that outside the Income Support calculation.

Connected persons

The Minister decided that in these cases the child can be included in the Income Support household once it has been adopted. Any top-up fees will be monitored, but fully disregarded. Procedures will be put in place to monitor to ensure that top-up fees payable in respect of disabled children are offset against any disability award from Income Support, to ensure that foster parents are not overpaid. Top-up fees must be used in lieu of an application for a special payment grant in respect of the child, although special payment loans for large expenses will still be available.

Foster carers as jobseekers

The Minister confirmed that guidance will be issued to inform staff that a foster carer awaiting a new placement is not subject to any jobseeking requirements that would interfere with this.

Financial and manpower consideration

There will be no manpower implications for this change. The financial implication is negligible and will be absorbed into the existing budget of Income Support.