Motor Traffic (Third-Party Insurance) (Expenses Limits) (Jersey) Order 201-: Amendment: Support of Annual Increase

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A decision made 16 March 2015:

Decision Reference: MD-T-2015-0017
Decision Summary Title :	Motor Traffic (Third Party Insurance) (Expenses Limits) (Jersey) Order 2013 – Annual Increase		Date of Decision Summary:	06 March 2015
Decision Summary Author:	Head of DVS & Inspector of Motor Traffic		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Motor Traffic (Third Party Insurance) (Expenses Limits) (Jersey) Order 2013 – Annual Increase		Date of Written Report:	06 March 2015
Written Report Author:	Head of DVS & Inspector of Motor Traffic		Written Report : Public or Exempt?	Public
Subject: Motor Traffic (Third Party Insurance) (Expenses Limits) (Jersey) Order 2013 – Annual Increase
Decision(s): The Minister:- Acknowledged the Minister for Health and Social Services had consulted him on the proposed revised charges; Supported the Minister for Health and Social Services in introducing these proposed revised charges.
Reason(s) for Decision: To maintain procedures for the recovery of the costs of treating persons injured in road traffic accidents.
Resource Implications: There are no resource implications for TTS.
Action required: Head of Driver and Vehicle Standards to confirm to the Health and Social Services Minister the Transport and Technical Services Minister’s support for the proposed charges.
Signature:		Position: Minister for Transport and Technical Services
Date Signed:		Date of Decision (If different from Date Signed):

Motor Traffic (Third-Party Insurance) (Expenses Limits) (Jersey) Order 201-: Amendment: Support of Annual Increase

TRANSPORT AND TECHNICAL SERVICES

DVS UNIT

MOTOR TRAFFIC (THIRD-PARTY INSURANCE) (EXPENSES LIMITS) (JERSEY)

ORDER 2013 - ANNUAL INCREASE

Purpose of the Report

To confirm that the Minister for Health and Social Services has consulted the Minister on amending the Schedule to the Motor Traffic (Third-Party Insurance) (Expenses Limits) (Jersey) Order 2013, which sets out the tariffs and ceiling on charges for costs recovered from third-party insurers for treating persons injured in road traffic accidents.

Background

The Minister is generally responsible for the Motor Traffic (Third-Party Insurance) (Jersey) Law 1948. In May 2012, following approval by the Privy Council, the Motor Traffic (Third-Party Insurance) (Amendment No.12) (Jersey) Law 2012 came into effect. Under Article 3(2B) of the amended Law, the Minister for HSS must consult the Minister for TTS when prescribing, by Order, “the limits on the amounts of expenses to be paid in respect of a person who dies or is bodily injured”, from motor insurers, following a road traffic accident.

Discussion

The Motor Traffic (Third-Party Insurance) (Expenses Limits) (Jersey) Order 2013 sets out the tariffs and ceiling on charges for costs so that maximum amounts may be recovered from third-party insurers in respect of the costs of treatment and ambulance services provided for victims of road traffic accidents.

The Compensation Recovery Unit, on behalf of the Department of Health, currently administers this scheme in the UK where it is called The NHS Injury Cost Recovery (ICR) Scheme. Since February 2013 they have also administered it for Health and Social Services in Jersey.

It was previously agreed that the tariffs in Jersey would be the same as those in the UK and should be uplifted annually to reflect increases in costs, as happens in the UK. The annual uplift in the UK occurs on 01 April each year.

The tariff and ceiling on charges (cap) payable by compensators for the recovery of treatment and ambulance costs will increase from 01 April 2015. The increases will apply only to injuries sustained on or after this date.

The Table below shows the proposed uplift for 2015 which the Minister for HSS would intend to set out in the Order.

Expenses Limits
1 Period within which injury occurred	2 Ambulance services	3 Out-patient Treatment	4 In-patient treatment per day or part	5 Total maximum amount
On or after 01.04.2014	£192	£637	£783	£46,831
On or after 01.04.2015	£195	£647	£796	£47,569

Prior to approving instruction to the Law Draftsman to prepare an Order under Article 3 of the Motor Traffic (Third-Party Insurance) (Jersey) Law 1948 to reflect the revised charges, the Minister for HSS is consulting the Minister on these revised charges.

Recommendation

The Minister is asked to:-

Acknowledge the Minister for HSS has consulted him on the proposed revised charges;
Support the Minister for HSS in introducing these proposed revised charges.

Reason(s) for Decision

To maintain procedures for the recovery of the costs of treating persons injured in road traffic accidents.

Action required

Head of Driver and Vehicle Standards to confirm to the Health and Social Services Minister the Transport and Technical Services Minister’s support for the proposed charges.

Written by: Head of Driver & Vehicle Standards, Inspector of Motor Traffic

Approved by: Director of Transport