Social Security Ministerial Decision Report
COVID 19 - Adaptation to Social Security and Income Support benefits
As a result of the Covid 19 (Coronavirus) crisis, the Minister for Social Security confirms that the administrative changes noted below have been made to several benefits.
1.1. Vires
Article 12(7) of the Social Security (General Benefits) (Jersey) Order 1974 (“the Gen Ben Order”) provides that the Minister can make arrangements for the purpose of dealing with an emergency which enables the payment of certain specified benefits under the Social Security (Jersey) Law 1974 (“the Law”), without the full proof of entitlement being received or application of the provisions of the Law or any Orders under the Law.
The benefits specified in the Law are:
- Incapacity Benefit (Short Term Incapacity Allowance (STIA), Invalidity Benefit, Long Term Incapacity Allowance and Incapacity Pension)
- Maternity Benefit (Maternity Grant and Maternity Allowance),
- Death Grant
- Insolvency Benefit
The benefits listed below have had the following changes applied:
1.2. Long Term Incapacity Allowance (LTIA)
All existing claims to LTIA that have a scheduled review in the coming months have had the review period of their claim extended while Covid19 emergency measures are in force.
The duration of the extension is being reviewed by determining officers as appropriate to prevailing need in line with advice from the Medical Officer of Health
The payment of LTIA at the claimant’s existing percentage assessment will remain in payment during that extended period.
Should any LTIA claimant be dissatisfied with this as they believe their assessment would have increased at the next review on the grounds of a deterioration of their condition, they will be advised that this will be considered when they are seen by the medical board and if their assessment increases the board will consider whether this decision should be backdated.
The current legislative provisions on overlapping benefits such that no claimant can be paid more than the standard rate of benefit from any one or more claims continues to be in force.
This decision was taken due to the requirements to avoid vulnerable claimants needing to visit CLS for assessment and also the unavailability of medical board doctors who are either undertaking other medical duties or are themselves in the at-risk group.
All new claims to LTIA that have not yet been assessed by the medical board are being opened and paid at 100% of the standard rate of benefit. Determining Officers are setting all claims with a review date appropriate to prevailing need in line with advice from the Medical Officer of Health.
At the end of this period (when the claims are assessed by the medical board), the new assessment will be applicable from the date of that assessment. If this is less than 100% of the standard rate of benefit, then no retrospective recovery of the excess benefit paid for the period covered by this change will be made.
The current legislative provisions on overlapping benefits such that no claimant can be paid more than the standard rate of benefit from any one or more claims is still in force.
This decision was taken due to the requirements to avoid vulnerable claimants needing to visit CLS for assessment and also the unavailability of medical board doctors who are either undertaking other medical duties or are themselves in the at-risk group.
The projected gross upper limit of costs for deferring medical boards, and allowing new LTIA claims (based on existing long term STIA claims) to pay at 100% standard benefit, is as follows:
- £70,000 by the end of June 2020
- £370,000 by the end of August 2020
- £1,000,000 by the end of December 2020
This is based on the assumption that all existing STIA claims will be converted to LTIA claims after 364 days. In practice, not all STIA claims will continue for this period. Note that approximately a third of current LTIA claims are also claiming Income Support meaning there will be little or no additional cost for these claimants, and the gross figures quoted above are likely to be reduced by a similar factor.
These changes became effective from: 23rd March 2020
1.3. Invalidity Benefit
In addition to the provisions of Article 12(7) of the Gen Ben Order, Article 2(1) of the Social Security (Medical Certification) (Jersey) Order 1974 provides the conditions for proving incapacity for work for a claim to STIA and, due to transitional provisions in the Law, Invalidity Benefit.
Utilising both of these provisions determining officers are administering Invalidity Benefit during the COVID-19 emergency as follows:
All claimants to invalidity benefit are to have their claim extended while Covid19 emergency measures are in force without requiring a new medical certificate.
The duration of the extension will be reviewed by determining officers as appropriate to prevailing need in line with advice from the Medical Officer of Health.
This ensures that this at-risk group do not have to visit their medical practitioners for a new medical certificate.
The fact that this group will (at the least) have to have been incapable of work since 1 October 2004 to still be claiming this benefit; the existence of their current medical certificate issued by a medical practitioner is to be treated as sufficient proof of an ongoing incapacity for work during this extension period.
This change became effective from: 23rd March 2020.
This change is unlikely to create any significant additional cost.
1.4. Short Term Incapacity Benefit – Temporary Scheme
Sickness benefit
A separate scheme has already been established for STIA claimants via MD-S-2020-0010 and became effective 12 February 2020. This initially allowed a person required to self-isolate for showing signs of coronavirus to claim STIA without a medical certificate. This was introduced to support people in their decision to self-isolate and to reduce the burden on primary care services by allowing, for a limited time, the use of alternative evidence, such as travel documentation and self-reporting. The Scheme was initially available to people who achieved the eligibility criteria, comprising;
- normally employed, self-employed or actively looking for work
- not a government employee
- working age (between compulsory school leaving age and pension age)
- not working from home because they were unable to perform their role from home or were too unwell
- not receiving a working income/wage for the days they were isolating (unless their employer provided sick pay and the benefit was required to off-set those payments), and
- isolating because
- they had tested positive for coronavirus (as confirmed by environmental health, or
- showed symptoms consistent with Public Health advice to self-isolate, or
- had recently returned from travel abroad and were following public health advice to self-isolate
On 27 March further advice was issued regarding ‘household isolation’ and the criteria was amended. This advice addressed the risk that a person with coronavirus could infect other people in their household, therefore Public Health advised a self-isolation period of 14 days for household members living alongside a person who tested positive or alongside a person who showed symptoms of coronavirus or had been in contract with a person with a confirmed diagnosis and so in addition to the reasons listed above people could also claim if:
- Someone in their household showed symptoms consistent with Public Health advice to self-isolate
- They had come into contact with someone with confirmed virus
On 30 March 2020 the Government announced ‘’lockdown’ and only essential workers were able to leave their home to work. Therefore, the eligibility criteria were amended so people who sought to self-isolate on the basis that they could be incubating coronavirus was focused on essential workers only. (Other people are restricted to their own homes under lockdown rules). This 14-day period of household isolation is available to essential workers only and only where usual sickness benefit eligibility is achieved, where they are isolating because:
- had recently returned from travel abroad and were following public health advice to self-isolate
- Someone in their household showed symptoms consistent with Public Health advice to self-isolate
- They had come into contact with someone with confirmed virus
However, the scheme was maintained for all people, irrespective of essential worker status, in cases where people tested positive for coronavirus or showed relevant symptoms. This decision was taken to reduce the burden on GP services, allowing self-certification for a maximum of 7 days.
1.5. Death Grant
The Death Grant is a single payment of £890, it is usually used to assist with funeral costs. It is paid on the death of a person who has made contributions to the Social Security scheme.
To improve processing efficiency, the Death Grant is now being paid directly to Funeral Directors. This is to ensure payments are made promptly and to reduce any unnecessary administration at this time.
This change became effective from: 7th April 2020.
- Changes to Temporary Application Scheme for Short Term Incapacity Allowance (Income Support)
2.1. Vires
On 23rd March 2020 the Minister signed MD-S-2020-0017. This delegated the power to make exceptional payments available to her, under Article 8(2) of the Income Support (Jersey) Law 2007, to Determining Officers appointed under that Law.
The Minister established a temporary scheme which allowed exceptional payments of Income Support up to the maximum value of 14 days of STIA to be made, under ministerial guidance, to people who would not normally qualify for STIA.
2.2. Changes to Scheme
Following updated advice in relation to household isolation, issued by the Medical Officer of Health, the maximum number of days of STIA equivalent payment has been increased from 14 to 21 days.
This change became effective from: 28th March 2020.
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