Social Security (Amendment No. 3) (Jersey) Regulations 201-: Draft

Information about the publication of Ministerial Decisions

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

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 21 September 2012:

Decision Reference: MD-S-2012-0077
Decision Summary Title :	DS – Draft Social Security (Amendment of Law No.3) (Jersey) Regulations 201-		Date of Decision Summary:	21 September 2012
Decision Summary Author:	Policy and Strategy Director		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	WR – Draft Social Security (Amendment of Law No.3) (Jersey) Regulations 201-		Date of Written Report:	21 September 2012
Written Report Author:	Policy and Strategy Director		Written Report : Public or Exempt?	Public
Subject: Draft Social Security (Amendment of Law No.3) (Jersey) Regulations 201-
Decision(s): The Minister decided to lodge ‘au Greffe’ the Draft Social Security (Amendment of Law No.3) (Jersey) Regulations 201-
Reason(s) for Decision: The amendment updates the calculation used within the Social Security Law to determine the value of the States Grant in respect of supplementation. The updated calculation has been used to determine the departmental cash limits set out in the Medium Term Financial Plan to be debated by the States Assembly on 6 November and separate subordinate legislation is required to approve the changes to the method of calculation.
Resource Implications: There are no manpower considerations. The proposed calculation will result in a reduction in the value of the States Grant in 2014 and 2015, compared to the previous estimated values. The impact of this is a corresponding reduction in the overall value of the Social Security Fund over the same period. The proposed calculations providing certain values for the States Grant for 2013-2015 have been included in the Social Security Department cash limits for 2013-2015 in the Medium Term Financial Plan. In future MTFPs, the revised calculation may result in a higher or lower value of States Grant compared to the current calculation, depending on the relationship between the earnings index in the base year and the earnings indices in other years. If the proposed calculation is used consistently over a long period, the long-term impact on the Social Security Fund will not be significant.
Action required: Policy and Strategy Director to request the Greffier of the States to lodge ‘au Greffe’ the draft legislation and to request a States debate on the sitting commencing 6 November 2012.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):