HE Le Seelleur Charitable Fund: Use of additional income by Health and Social Services

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A decision made 30 July 2020:

Decision Reference: MD-TR-2020-0093
Decision Summary Title:	Health and Community Services – use of additional income from Charitable Fund		Date of Decision Summary:	29th July 2020
Decision Summary Author:	Head of Financial Governance		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Health and Community Services – use of additional income from Charitable Fund		Date of Written Report:	29th July 2020
Written Report Author:	Head of Financial Governance		Written Report : Public or Exempt?	Public
Subject: Health and Community Services – use of additional income from Charitable Fund
Decision(s): The Minister agreed the use of additional income of £1.020 million from the HE Le Seelleur Charitable Fund by the Health and Community Services Department (HCS) in 2020. Only the income directly needed to fund the expenditure detailed in 2020 is approved to be drawn down in 2020.
Reason(s) for Decision: Article 21 of the Public Finances (Jersey) Law relates to the power to allocate excess income. It states; (1) This Article applies if – (a) an approved government plan includes, under Article 9(8), the estimated income that will be earned by, or be attributable to, a States body or by an area of operation of a States body during the first financial year covered by the plan; and (b) income in excess of that estimate is earned by, or attributable to, the States body or area of operation during that financial year. (2) Despite the approved government plan, the Minister may direct that the excess income referred to in paragraph (1) (b) be allocated to a head of expenditure set out in the plan. (3) The amount subject to the Minister’s direction may be withdrawn from the Consolidated Fund and spent on that head of expenditure in the first financial year covered by the approved government plan, as if the amount had been appropriated for that head of expenditure. This request was proposed by the Director General of Health and Community Services and the transfer approved from the Charitable Fund by the Minister for Health and Social Services on 29th June 2020. The Ministerial decision is for the distribution of £1.020m from the Le Seelleur Charitable Trust Fund to support: • An increase in the commissioning of palliative care services due to significant growth in patient care numbers, from Jersey Hospice Care by HCS on a non-recurrent basis. • The purchase of 34 defibrillators and 2 AEDs to replace equipment originally purchased in 2010 and now in need of renewal. The benefits of this expenditure will be a reduction in the risk of equipment failure, having an up to date model used across the hospital which will enable a train the trainer model to be possible.
Resource Implications: The Health and Community Services head of expenditure will increase by £1.020 million in 2020. The balance of the HE Le Seelleur Fund will decrease by £1.020 million. The allocation from the Fund will be applied as expenditure is made on the projects outlined above. The income from the Trust Fund and expenditure will match, therefore this decision has no effect on the Government Plan approved for 2020-2023. Only the income directly needed to fund the expenditure detailed in 2020 is approved to be drawn down in 2020. Any income drawn down in 2020 in excess of the amount required to match expenditure detailed in this report in 2020 will not be available to be carried forward and will need to be returned to the Fund. This approval does not extend to any expenditure which is not detailed in this report.
Action required: The Head of Financial Governance to advise the Head of Finance Business Partnering – Hospital that this decision is approved. Head of Finance Business Planning to ensure that the allocation of funding takes place. Treasury and Exchequer staff will make the necessary transfers from the Charitable Funds to the Consolidated Fund.
Signature:		Position: Deputy Susie Pinel Minister for Treasury and Resources
Date Signed:		Date of Decision:

HE Le Seelleur Charitable Fund: Use of additional income by Health and Social Services

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Health and Community Services – use of additional income from Charitable Fund

Purpose of Report

To enable the Minister to consider a request from the Health and Community Services Department (HCS) to use up to £1.020 million additional income in 2020 arising from a contribution from the HE Le Seelleur Fund.

Background

This has been proposed by the Director General of Health and Community Services. A Charitable Trust Fund committee is being set up to provide suitable governance in the future for such decisions. Pending establishment of this committee Ministerial Decisions have been sought from the Minister for Health and Social Services.

The Minister for Health and Social Services has approved the distribution of £1.020m from the Le Seelleur Charitable Trust Fund in accordance with the terms of the Fund the original bequest being given to the States of Jersey for itself and its successors in perpetuity, to be used - “for the benefit of the aged, infirm and needy residents of the Island”. The funding would be used for the following purposes:

• To fund an increase to the commissioning of palliative care services from Jersey Hospice Care by HCS. Services are commissioned via a Service Level Agreement. This funding from the charitable fund would be on a non-recurrent basis. Although the recurrent increase to the Service Level Agreement with the Hospice will need to be planned for in HCS financial plans relating to 2021. The need for the increase has been due to significant growth in patient care numbers over the last few years. The funding will help to ensure that JHC will continue to be able to offer palliative care services in 2020 without diminution of service. Patients will continue to be cared for consistently in their preferred place of care, with advanced care planning, palliative care support, and system-wide expertise in end of life care.

• The purchase of 34 defibrillators and 2 automated external defibrillators (AEDs) to replace equipment originally purchased in 2010 and now in need of renewal. The benefits of this expenditure will be a reduction in the risk of equipment failure, having an up to date model used across the hospital which will enable a train the trainer model to be possible.

3. Recommendation

The Minister is recommended to approve the use of additional income of up to £1.020 million from the HE Le Seelleur Charitable Fund by the Health and Community Services Department in 2020.

4. Reason for Decision

Article 21 of the Public Finances (Jersey) Law relates to the power to allocate excess income. It states;

(1) This Article applies if –

(a) an approved government plan includes, under Article 9(8), the estimated income that will be earned by, or be attributable to, a States body or by an area of operation of a States body during the first financial year covered by the plan; and

(b) income in excess of that estimate is earned by, or attributable to, the States body or area of operation during that financial year.

(2) Despite the approved government plan, the Minister may direct that the excess income referred to in paragraph (1)(b) be allocated to a head of expenditure set out in the plan.

(3) The amount subject to the Minister’s direction may be withdrawn from the Consolidated Fund and spent on that head of expenditure in the first financial year covered by the approved government plan, as if the amount had been appropriated for that head of expenditure.

This request was proposed by the Director General of Health and Community Services and the transfer approved from the Charitable Fund by the Minister for Health and Social Services on 29th June 2020.

The Ministerial decision is for the distribution of £1.020m from the Le Seelleur Charitable Trust Fund to support:

• An increase in the commissioning of palliative care services due to significant growth in patient care numbers, from Jersey Hospice Care by HCS on a non-recurrent basis.

• The purchase of 34 defibrillators and 2 AEDs to replace equipment originally purchased in 2010 and now in need of renewal. The benefits of this expenditure will be a reduction in the risk of equipment failure, having an up to date model used across the hospital which will enable a train the trainer model to be possible.

5. Resource Implications

The Health and Community Services head of expenditure will increase by up to £1.020 million in 2020. The balance of the HE Le Seelleur Fund will decrease by up to £1.020 million.

The allocation from the Fund will be applied as expenditure is made on the projects outlined above. The income from the Trust Fund and expenditure will match, therefore this decision has no effect on the Government Plan approved for 2020-2023.

Only the income directly needed to fund the expenditure detailed in 2020 is approved to be drawn down in 2020.

Any income drawn down in 2020 in excess of the amount required to match expenditure detailed in this report in 2020 will not be available to be carried forward and will need to be returned to the Fund. This approval does not extend to any expenditure which is not detailed in this report.

Report author: Head of Financial Governance	Document date 29th July 2020
Quality Assurance / Review : Group Director – Strategic Finance	File name and path: L:\Treasury\Sections\Corporate Finance\Ministerial Decisions\DS, WR and SD\2020-0093 - HCS use of additional income from charitable trust funds