Social Security (Television Licence Benefit) (Jersey) Regulations 2009.

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A decision made (06/09/2009) regarding: Social Security (Television Licence Benefit) (Jersey) Regulations 2009.

Decision Reference: MD-S-2009-0018
Decision Summary Title :	DS - TV Licence Scheme - Expiry 2009		Date of Decision Summary:	05 May 2009
Decision Summary Author:	David Rose Customer Services Director		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 – Social Security (TV Licence Benefit) (Jersey) Regulations 2009		Date of Written Report:	28 April 2009
Written Report Author:	David Rose Customer Service Director		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Social Security (Television Licence Benefit) (Jersey) Regulations 2009.
Decision(s): The Minister approved the draft Regulations and requested that they be lodged ‘au Greffe’ for debate on 30 June 2009.
Reason(s) for Decision: To provide for a scheme which enables people aged 75 and above who are on comparatively low income to have the cost of their television licence paid for and to replace the Social Security (Television Licence Benefit) (Jersey) Regulations 2006.
Resource Implications: There are no manpower implications. A budget of £248,200 for 2009 exists.
Action required: To lodge ‘au Greffe’ the Social Security (Television Licence Benefit) (Jersey) Regulations 2009 through the Greffe for debate on 30 June 2009.
Signature: Deputy Ian Gorst		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Social Security (Television Licence Benefit) (Jersey) Regulations 2009.

REPORT

Introduction

The Social Security (Television Licence Benefit) (Jersey) Regulations 2006 provide the current legal framework for the operation of a Scheme which pays an annual benefit (to the value of the cost of a television licence, currently £142.50) to residents of Jersey aged 75 years or over who are on comparatively low incomes. The Regulations came into force in June 2006 and will expire in June 2009. As an enabling Law now exists, the triennial Regulations can be replaced by Regulations which do not require a time limit.

Framework of Scheme

The primary criteria to benefit under the Scheme are that a person must –

be aged 75 or over;

reside in a domestic dwelling;

be ordinarily resident in Jersey;

have an annual income of less than £12,770 for a single person and £20,720 for a couple. For the purposes of the Regulations a couple means a married or co-habiting couple.

In addition to the above criteria, the Scheme provides that the fee for a licence cannot be passed to another person at a different address. However, in some cases where a qualifying person permanently resides in a domestic dwelling of another person below the age of 75 years, that person will be able to benefit under the Scheme.

Cost of the Scheme

During 2006, £187,204 was spent on the Scheme (£176,156 in benefit and £11,048 in administration), and during 2007 the amount was £207,901 (£195,239 in benefit and £12,662 in administration). In 2008, £204,053 was spent by way of benefit and £12,722 on administration. The expected spend for 2009 and 2010 is –

Year	Benefit	Administration	Total
2009	£233,030	£15,170	£248,200
2010	£245,000	£15,200	£260,200

Income bar

The Television Licence Scheme is aimed to provide assistance to those elderly people in the community who are on a low income. Regulation 7 of the Social Security (Television Licence Benefit) (Jersey) Regulations 2006 sets out that the income bar for a single person as £12,770, and £20,720 for a couple. These figures were set by the States in 2006 and have remained unchanged since then,

Income tax thresholds in 2006 were –

£12,300 for a single person
£20,250 for a couple.

The income limit for the eligibility to the Scheme was based on the income at which a pensioner would pay £127 tax (the cost of a TV licence at the time). This equates to £470 above the threshold, giving the current limit of £12,770 (single) and £20,720 (couple).

Current income tax thresholds (2009) are –

£14,110 for a single person
£23,220 for a couple.

Bringing the income limit up to date on the same basis gives –

The cost of a TV licence in 2009 is £142.50, which is equivalent to a taxable income of £528 above the tax threshold, giving income limits of £14,638 (single) and £23,724 (couple).

There is provision in the new Regulations for the limits to be amended by Order.

Social Security (Television Licence Benefit) (Jersey) Regulations 2009

The attached Draft Regulations are intended to replace the 2006 Regulations after they expire. The replacement Regulations provide for the same structure of the Television Licence Benefit Scheme which has been present between 2006 and now. However, some minor drafting amendments have been made which have been detailed below.

(1) The period in which a person may ask for a review if they have been disallowed the benefit and are dissatisfied has been reduced to 14 days. This is to align with other review and appeal systems.

(2) A provision to allow for a fine to be imposed has been included. This relates to people making fraudulent claims.

(3) The procedure for the review and appeal have been aligned with procedures under the Social Security Determination of Claims and Questions (Jersey) Order 1974 which changed following the introduction of the Income Support system.

(4) The transitional arrangements have been updated to cater for the dovetailing of the 2006 and 2009 Television Licence Regulations.

Financial and Manpower Implications

There are no manpower implications. Some additional cost will be incurred as a result of a small increase in the number of claimants following the uplift in the income limits but this will be met from the existing budget allocation of £248,200 for 2009.