Long-Term Care (Residential Conditions) (Jersey) Regulations 201-

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.

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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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A decision made 28 October 2013:

Decision Reference: MD-S-2013-0106
Decision Summary Title :	Long-Term Care (Residency Conditions) (Jersey) Regulations 201-		Date of Decision Summary:	25 October 2013
Decision Summary Author:	Strategy and Policy Director		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	NA
Written Report Title :	Long-Term Care (Residency Conditions) (Jersey) Regulations 201-		Date of Written Report:	25 October 2013
Written Report Author:	Strategy and Policy Director		Written Report : Public or Exempt?	Public
Subject: Long-Term Care (Residency Conditions) (Jersey) Regulations 201-
Decision(s): The Minister approved for lodging ‘au Greffe’ the appended Long-Term Care (Residency Conditions) (Jersey) Regulations 201-
Reason(s) for Decision: The States approved the Long-Term Care (Jersey) Law 2012 in July 2011. P.99 – Long-term care scheme – has been lodged for debate on 19 November 2013 and summarises the policy proposals of the Minister for Social Security to bring the Long-Term Care Scheme into effect. Subject to the approval of P.99, these Regulations under the Long-Term Care (Jersey) Law 2012 will create a residency condition of at least ten years continuous residence in Jersey in order to qualify for benefits under the Long-Term Care (Jersey) Law.
Resource Implications: The development costs of the LTC scheme are being met through existing departmental budgets. Ongoing costs will be met through the LTC Fund itself. It is estimated that an additional 9.5 FTE will be required to administer the new scheme.
Action required: Strategy and Policy Director to request the Greffier of the States to lodge the Long-Term Care (Residency Conditions) (Jersey) Regulations 201- to be listed for the States sitting of 10 December 2013.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Long-Term Care (Residential Conditions) (Jersey) Regulations 201-

Accompanying Report for Long-Term Care (Residency Conditions) (J) Regulations 201

The Island faces a substantial increase in both the number and proportion of older residents over the next 30 years, with care costs predicted to more than double by 2044. In response to this issue, in July 2011 the States approved the Long Term Care (Jersey) Law 2012. Details of the operation of the proposed scheme have now been set out in Proposition P.99/2013, which will be debated before these Regulations are considered.

The introduction of a long-term care (LTC) scheme is designed to share long-term care costs more fairly across the community and the scheme will establish a clear and simple process to help individuals and their families understand the choices available and plan for the cost of long-term care. The proposed new scheme will provide financial support to Jersey residents who have significant long-term care needs and who are being cared for either in their own home or in a care home.

As set out in section 21 of the report accompanying P.99, individuals will need to meet a number of eligibility conditions to qualify for support under the LTC scheme. Four of these conditions are already specified in the LTC Law itself (relating to age, care level, care setting and previous offences). Article 3(2)(e) of the LTC law refers to other eligibility conditions that will be approved through Regulations, including conditions related to residency.

These Regulations set out the residency condition for the LTC scheme.

Residency rules - Regulation 1 (a) and (b)

Two main conditions are proposed around residency and these are reflected in Regulation 1.

- the individual has been ordinarily resident continuously in Jersey for a period of ten years at some time since reaching the age of 18; and

- the individual has been ordinarily resident in Jersey for the 12 months immediately preceding the application for the LTC benefit.

The term “ordinarily resident” is used in several laws administered by the Social Security Department but it does not have a single, legal definition. If there is any doubt that someone is “ordinarily resident” the Department’s officers will refer to previous legal decisions. To be “ordinarily resident” the individual must have made a decision to stay permanently in Jersey and must have somewhere to live locally.

The combination of the two tests will ensure that individuals are likely to have made a reasonable contribution to the LTC fund – and potentially in other ways to the wellbeing of the Island community – and that an individual is less likely to return to Jersey specifically to apply for the LTC scheme. It recognises that today the careers of Islanders may involve them working for periods in different parts of the world, but later on they may want to return to Jersey where they have friends and family.

Special arrangements for Jersey residents under the age of 28 - Regulation 1 (c) and (d)

For applicants below the age of 28, the first test will be modified so that they will need to have been ordinarily resident continuously in Jersey for a period of ten years at any age.

This ensures that local children who grow up with a serious disability will be eligible for the long-term care scheme from the age of 18 onwards. The arrangement also covers young adults under 28 who have a serious accident or illness that leaves them needing long-term care for the rest of their life. To ensure consistency with the approach taken to older adults, this residency condition must be met immediately preceding the application; otherwise they must be ordinarily resident for a further year before becoming eligible.

Persons not treated as ordinarily resident – Regulation 2

Regulation 2 sets out particular situations where a person is not treated as being ordinarily resident. These provisions echo those that apply to Income Support.

Regulation 2(1) excludes periods spent in detention following a sentence of imprisonment or youth detention. The time spent in detention does not count towards the residency condition but it does not create a gap in continuous residency. Consider an individual who has been resident in Jersey for seven years, and is then sentenced to a five-year prison sentence. Upon release, the individual will continue to build up continuous residency from the seven-year period and must remain in Jersey for a further three years in order to create a ten-year residency period. This exclusion only applies to individuals who have been sentenced to a period of imprisonment and it does not apply to individuals detained in prison on remand.

Regulation 2(2) and 2(3) cover the situation when individuals are working in Jersey but employed by an employer from outside Jersey and paying contributions in that other country (as per a reciprocal agreement); these individuals do not build up years of residence towards the LTC scheme. Likewise, they will not be making contributions into the LTC Fund and will remain covered by the social security system of their home country.

Persons receiving long-term care outside Jersey – Regulation 3

Some individuals have specialist long-term care needs which cannot be provided in Jersey. In this situation an off-island placement will be provided, normally in the UK, and will be arranged and funded by the HSS Department. The time spent outside Jersey in these circumstances will continue to be included as ordinary residence in Jersey. This will allow the individual to satisfy the residence condition if it becomes possible to arrange care in Jersey at a later date. This Regulation applies to both children and adults.

Commencement – Regulation 4

These Regulations form part of the long-term care legislation and will come into force at the same time as the long-term care benefits are introduced under the main law. If approved, the Appointed Day Act will bring the long-term care benefits into force on 1 July 2014.

Financial and manpower considerations

The development costs of the LTC scheme are being met through existing departmental budgets. Ongoing costs will be met through the LTC Fund itself. It is estimated that an additional 9.5 FTE will be required to administer the new scheme.

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