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Social Security, Health Insurance and Income Support (Miscellaneous Provisions) (Jersey) Order 2015

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

  • 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 5 March 2015:

Decision Reference: MD-S-2015-0019

Decision Summary Title :

Make Social Security, Health Insurance and Income support (Miscellaneous Provisions) (Jersey) Order

Date of Decision Summary:

5 March 2015

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_Make Social Security, Health Insurance and Income support (Miscellaneous Provisions) (Jersey) Order

Date of Written Report:

5 March 2015

Written Report Author:

Policy Principal

Written Report :

Public or Exempt?

Public

Subject: Social Security, Health Insurance and Income Support (Miscellaneous Provisions) (Jersey) Order 2015

Decision(s): The Minister made the Social Security, Health Insurance and Income Support (Miscellaneous Provisions) (Jersey) Order 2015

Reason(s) for Decision: The Minister for Social Security amended the Social Security Law (in Amendment No. 22) to effect changes to the Medical Appeals Tribunal.  This Tribunal made deliberations regarding loss of faculty following decisions made by medical boards in respect of Long Term Incapacity Allowance.  Amendment No. 22 required the Minister to constitute a Social Security Medical Appeal Tribunal by Order.   This requirement is fulfilled by this Order which makes amendments to the Social Security (Determination of Disablement questions) (Jersey) Order 1974 and provides for the appointment of a Legal Chair and two people who are medical practitioners, from a panel of 8 medical practitioners.

 

This Order also clarifies and aligns provision for appeals to the Royal Court across the various Tribunals in accordance with the ‘Rules of Court’.

Resource Implications:  There are no resource implications as a result of making this Order  

Action required: Policy Principal to notify the Greffier of the States and the Law Draftsman that the Order has been made so that it may be notified to the States, and forward the signed and sealed Order immediately to the States Greffe for publication and archiving.

Signature:

 

 

Position:

Minister

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

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Social Security, Health Insurance and Income Support (Miscellaneous Provisions) (Jersey) Order 2015

Amendments establishing the constitution of the Social Security Medical Appeal Tribunal and aligning appeals to the Royal Court

 

The Social Security, Health Insurance and Income support (Miscellaneous Provisions) (Jersey) Order 2015 makes amendments to Orders addressing the establishment of the Social Security Medical Appeals Tribunals and aligning provision regarding appeals to the Royal Court with regard to the Income Support Medical Appeals Tribunal and the Social Security Tribunal.

Social Security Medical Appeals Tribunal

 

Social Security (Amendment No.22) (Jersey) substituted arrangements for the medical appeals tribunal with a requirement for the Minister of Social Security to establish the Social Security Medical Appeal Tribunal (SSMAT).  The Social Security, Health Insurance and Income Support (Miscellaneous Provisions) (Jersey) Order 1975 amends the Social Security (Determination of Disablement) (Jersey) Order to set the constitution of this tribunal. 

 

Where possible and appropriate the constitution follows that established for other tribunals (such as the Income Support Medical Appeal Tribunal).  This will improve clarity and consistency across the appeals processes emerging from Social Security Department legislation.

 

The SSMAT constitution requires that a case is heard by two medical practitioners, chaired by a third person holding a qualification in Law.  The medical practitioners will be recruited from a panel of eight whereas previous legislation required a constitution of three medical practitioners.  As noted in the report supporting Social Security (Amendment No.22) (Jersey) Law,   the previous constitution of three medical practitioners led to two practical problems.

 

  • It was not always possible to identify three medical practitioners to take part in a tribunal hearing, who had not already been involved in the previous care or treatment of the appellant.
  • A lack of a legal representative on a tribunal can create difficulties for the tribunal, when the decisions to be made include legal issues, as well as medical evidence.  For example, whether a hearing should be heard in public or private is increasingly posed as a question for the tribunal to decide.

 

Appeals to the Royal Court

The Social Security, Health Insurance and Income Support (Miscellaneous Provisions) (Jersey) Order 1975 amends the following orders in respect of appeals to the Royal Court.

  • Social Security (Determination of Claims and Questions) (Jersey) Order
  • Health Insurance (Determination of Claims and questions) (Jersey) Order
  • Social Security (Determination of Claims and Questions) (Jersey) Order

These changes offer clarity and consistency regarding appeals and references to the Royal Court and do so in accordance with the Rules of Court.  Thereby the process and timescales regarding appeals following a tribunal decision are set out.

 

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