Income Support (General Provisions) (Jersey) Order: Proposed Amendments

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 16 August 2012:

Decision Reference: MD-S-2012-0069
Decision Summary Title :	DS – Law drafting instructions - Income Support General Provisions (Jersey) Order 2008		Date of Decision Summary:	16 August 2012
Decision Summary Author:	Policy Principal		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	WR - Law drafting instructions - Income Support General Provisions (Jersey) Order 2008		Date of Written Report:	16 August 2012
Written Report Author:	Policy Principal		Written Report : Public or Exempt?	Public
Subject: Law drafting instructions - Income Support General Provisions (Jersey) Order 2008
Decision(s): The Minister decided to request law drafting for amendments to the Income Support General Provisions (Jersey) Order 2008
Reason(s) for Decision: Changes to the Income Support General Provisions Order are requested in order to bring various areas of the Order in line with recent changes in Income Support Regulations and the administration of the Income Support Benefit. A new Income Support application form and award letter have been created, leading to the need to amend sections of the legislation that deal with the notification of benefit awarded to claimants, and further amendments to the kind of information specified on application for benefit are needed due to the recent change in Income Support residency requirements. In addition, as noted in the report accompanying P.56 (IS Regs (Amendment no 8)), the disregard in respect of pension income available to claimants aged 65 and above is to be increased in line with the uprating of the Jersey old-age pension.
Resource Implications: There are no manpower implications for these changes. The cost of increasing the pension disregard is included in the Income Support cash limit.
Action required: Policy Principal to submit drafting instructions to the Law Draftsman’s Office.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):