Invalidity and Long-Term Care Benefits: Interaction of Claims

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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 26 June 2015:

Decision Reference: MD-S-2015-0050
Decision Summary Title:	Invalidity Benefit and Long-Term Care Benefit Interaction		Date of Decision Summary:	26 June 2015
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:	Invalidity Benefit and Long-Term Care Benefit Interaction		Date of Written Report:	26 June 2015
Written Report Author:	Policy Principal		Written Report : Public or Exempt?	Public
Subject: Invalidity Benefit and Long-Term Care Benefit Interaction
Decision(s):  Using the existing power within the Social Security (Medical Certification) (Jersey) Order 1974, the Minister has decided that an ongoing LTC claim is sufficient evidence to maintain an existing invalidity claim.  The Minister retains the right to require additional medical evidence to be provided following a substantive change in the care needs of the claimant.
Reason(s) for Decision: A small number of individuals receiving invalidity benefit under a legacy arrangement following changes to the Social Security law in 2004 are now also receiving long-term care benefit. Under the rules for invalidity benefit, the claimant needs to submit a GP certificate every 13 weeks to maintain their claim. Given the recent assessment of these individuals’ long-term care needs, the Minister has agreed to accept the LTC assessment as sufficient evidence to maintain the invalidity claim.
Resource Implications: None
Action required: Policy principal to inform the Primary Care Body and relevant operational team of decision.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Invalidity and Long-Term Care Benefits: Interaction of Claims

Information about the publication of Ministerial Decisions

A decision made 26 June 2015:

Decision(s):

 Using the existing power within the Social Security (Medical Certification) (Jersey) Order 1974, the Minister has decided that an ongoing LTC claim is sufficient evidence to maintain an existing invalidity claim.

 The Minister retains the right to require additional medical evidence to be provided following a substantive change in the care needs of the claimant.