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Long Term Care Fund: Payment into fund of additional income received from Health and Social Services clients

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 9 January 2015:

Decision Reference:       MD-HSS-2015-0001

Decision Summary Title :

Payment to the Long Term Care Fund in respect of Additional Income received for HSSD Clients

Date of Decision Summary:

2 January 2015

Decision Summary Author:

 

Assistant Director of Finance

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title :

Payment to the Long Term Care Fund in respect of Additional Income received for HSSD Clients

Date of Written Report:

22 December, 2014

Written Report Author:

Assistant Director of Finance

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

Payment to the Long Term Care Fund of sums equivalent to the additional income received by Health and Social Services Department from the Long-Term Care Fund in respect HSSD long term care clients with effect from 1July 2014.

Decision(s):

The Minister approved the payment of up to £2.85 million from the Health and Social Services Department revenue head of expenditure to the Long Term Care Fund in respect of the period 1 July to 31 December 2014, and up to £5.9 million for the period 1 January to 31 December 2015.

 

Reason(s) for Decision:

To comply with the Health and Social Services Department’s commitment to make payments into the Long Term Care Fund equivalent to the estimated values specified in the Long-Term Care (States Contribution) (Jersey) Regulations 2014 (P.140/2013) Addendum.

 

Financial Direction 3.6, which requires the permission of the Treasury and Resources Minister to retain and spend additional income, is deemed not to apply as the decision of the States in the Addendum to P140/2013 prevails.

 

 

 

 

Resource Implications:

This decision results in payments being made to the Long-Term Care Fund which match the additional income received by HSSD in respect of its Long-Term Care clients.

This decision does not result in any overall increase or decrease in the net expenditure of the States, as approved in the MTFP 2013-2015. This Decision does not impact on approved FTE manpower resources across the States.

 

Action required:

Assistant Director of Finance to notify the Chief Officer, Social Security Department, the Director of Treasury Operations and Head of Shared Services of this decision.

 

Signature:

Position:

Minister for Health & Social Services

 

Date Signed:

 

 

Date of Decision:

 

 

Hide report
Long Term Care Fund: Payment into fund of additional income received from Health and Social Services clients

Health & Social Services Department

Ministerial Decision Report

 

 

Payment to the Long Term Care Fund of additional income received for HSSD clients

1.                  Purpose of Report

To approve the payment to the Long Term Care Fund of income in excess of the income target agreed in the MTFP for services commissioned or provided to long term care clients by the Health and Social Services Department (HSSD) with effect from 1 July 2014.

2.                  Background

In July 2011, the States approved the draft Long-Term Care (Jersey) Law 2012 (“the LTC Law”) which introduced a new scheme to provide financial support to eligible Jersey residents who have been assessed as having long term care needs under the provisions of the scheme. This law came into effect from 1 July 2014.

The Long-Term Care (Health and Social Services Charges)(Jersey) Law 2014 (“the HSSD LTC Charges Law”) also came into effect from 1 July 2014. This law enables HSSD to make charges to long term care clients for care commissioned or directly provided from its budget, up to the maximum benefit rate set under the LTC scheme.

 

The transitional funding arrangements for 2014 and 2015 are described in the Long-Term Care (States Contribution)(Jersey) Regulations 2013 (P.140/2013) –Addendum (“the Addendum”). Paragraph 6 prescribes that the resulting increase in HSSD income must be returned to the Long Term Care Fund.

 

The key points of the transitional funding arrangements concerning payments between HSSD and SSD for HSSD clients are:

  • Prior to the enactment of the two laws, HSSD was only able to levy a fixed charge of £474 per week regardless of the income and assets on the individual receiving care or the value of the care provided. From 1 July 2014, HSSD is able to make charges that reflect the care provided, up to maximum benefit rate set under the Long-Term Care Scheme.
  • The value of the payment into the LTC Fund must equal the reduction in the HSSD net budget and also the increase in its income.
  • The estimated budgetary value to be allocated by HSSD as a payment to the LTCF in 2014 (6 months) was estimated in the Addendum to P.140/2013 at £2.8 million.
  • The estimated budgetary value to be allocated by HSSD as a payment to the LTCF in 2015 (full year) was estimated to be £5.9 million.
  • The Addendum specified that these amounts will be revised in line with actual LTCB payments and will match actual income received during the year. The actual values will be used in the calculation of the States’ contribution for 2016.

 

The estimates in the Addendum to P140/2013 were reviewed by Internal Audit prior to the enactment of the Long-Term Care (Jersey) Law 2012 and a further review of actual transactions will be undertaken early in 2015.

 

In the light of the payments due from the LTCF up to the 30 November 2014, the value of the additional income to be paid by HSSD to the LTCF has been calculated at £2,847,925.04, subject to final confirmation of December’s figures. 

 

The estimate for 2015 remains at £5.9m.

 

  1. Recommendation

 

It is recommended that the Minister approves the payment of up to £2.85 million from the Health and Social Services Department revenue head of expenditure to the Long Term Care Fund in respect of the period 1 July to 31 December 2014, and up to £5.9 m for the period 1 January to 31 December 2015.

 

  1. Reason for Decision

 

To comply with HSSD’s commitment to make payments into the Long Term Care Fund equivalent to the budgetary values specified in the Long-Term Care (States Contribution) (Jersey) Regulations 2014 (P.140/2013) - Addendum.

 

Financial Direction 3.6, which requires the permission of the Treasury and Resources Minister to retain and spend additional income, is deemed not to apply as the decision of the States in the Addendum to P140/2013 prevails in this instance.

 

  1. Resource Implications

 

This decision results in payments of additional income received from the Long Term are Fund being repaid to the Long Term Care Fund. This decision does not result in any overall increase or decrease in the net expenditure of the States, as approved in the MTFP 2013-2015. This Decision does not impact on approved FTE manpower resources across the States.

 

 

 

 

 

Report author : Assistant Director of Finance

Document date : 22 December 2014

Quality Assurance / Review :

File name and path:

K:\Ministerial Decisions\2014\LTC - payment to fund\Draft WR - HSS Transfer of LTCB additional income to  LTCF v1.docx

MD sponsor : Director of Finance

 

1

 

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