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L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Income Support (General Provisions) (Amendment No. 11) Order 2013

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.

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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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 27 September 2013:

Decision Reference: MD-S-2013-0095

Decision Summary Title :

DS – Income Support (General Provisions) (Amendment No.11) Order 201-

Date of Decision Summary:

23 September 2013

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 - Income Support (General Provisions) (Amendment No.11) Order 201-

Date of Written Report:

23 September 2013

Written Report Author:

Policy Principal

Written Report :

Public or Exempt?

Public

Subject: Income Support (General Provisions) (Amendment No.11) Order 201-

Decision(s): The Minister made the Income Support (General Provisions) (Amendment No.11) Order 201-

Reason(s) for Decision:

Changes to the Income Support General Provisions Order are required in order that the disregard in respect of pension income available to claimants aged 65 and above can be increased in line with the uprating of the Jersey old-age pension.

 

In addition, a minor update is required where the existing General Provisions Order refers to the Housing (General Provisions) (Jersey) Regulations 1970. This is replaced with an equivalent reference to the Control of Housing and Work (Residential and Employment Status) (Jersey) Regulations 2013.

Resource Implications:

There are no manpower implications in respect of this Order. The cost of increasing the pension disregard is included in the Income Support cash limit.  This represents a cost of approximately £17,000 from Oct-Dec this year; a £70,000 full year effect.

Action required: Policy Principal to notify the Greffe and the Law Draftsman that the Order has been made and to forward the signed and sealed Order to the States Greffe, requesting the Greffier of the States to arrange for the Order to be notified to the States.

Signature:

 

 

Position:

Minister

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

Income Support (General Provisions) (Amendment No. 11) Order 201-

Written report: Income Support (General Provisions) (Amendment No.11) Order 201-

 

Background

Changes to the Income Support General Provisions Order are required in order to increase the disregard in respect of pension income available to claimants aged 65 and above, in line with the uprating of the Jersey old-age pension.

In addition, it is necessary to update the wording of the Order following the coming into force of the Control of Housing and Work (Residential and Employment Status) (Jersey) Regulations 2013.  The existing IS GPO refers to the old Housing (General Provisions) (Jersey) Regulations 1970 and needs to be updated to refer to the legislation now in force.

Increase in pension disregard -  Schedule 2
 

The weekly pension rate will increase from £189.84 to £193.48 on October 1st; the dependency pension rate will increase from £125.30 to £127.75.  Accordingly, Article 5 (Percentage of income to be disregarded) is revised in order to increase the pensions disregards as from that date.

In Schedule 2, paragraph 5(f) the words:

(f)     100% of the first £47.67 of any income derived from a pension or annuity of one person in the household aged 65 years or over;

 

are replaced with:

(f)     100% of the first £51.31 of any income derived from a pension or annuity of one person in the household aged 65 years or over;

 

In Schedule 2, paragraph 5(g) the words:

(g)     100% of the first £30.73 of any income derived from a pension or annuity of any other person in the household aged 65 years or over;

 

are replaced with:

(g)     100% of the first £33.18 of any income derived from a pension or annuity of any other person in the household aged 65 years or over;

 

Control of Housing and Work Law

 

Part 2 Article 2(3)((c)(ii) of the GPO accepts that the Income Support test of residency is passed when “the person is a child of a person who falls within any sub-paragraph of Regulation 1(1)(a) to (h) of the Housing (General Provisions) (Jersey) Regulations 1970”

This is replaced with the words “the person is a child of a person who falls within Regulation 2(1)(a), (b), (c), (d) or (f) of the Control of Housing and Work (Residential and Employment Status) (Jersey) Regulations 2013”

The decision was taken to exclude 2(1)(e) as this is the equivalent of the old Regulation 1(1)(k) provision – residency awarded on social or economic grounds, or in the best interests of the community.

 

Financial and manpower considerations


There are no manpower implications for these changes. The cost of increasing the pension disregard is included in the Income Support cash limit.  This represents a cost of approximately £17,000 from Oct-Dec this year; a £70,000 full year effect.

 

 

 

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