Income Support (General Provisions) (Amendment No.8) (Jersey) Order 2012

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 16 August 2012:

Decision Reference: MD-S-2012-0067
Decision Summary Title :	DS – Residence Conditions – Income Support		Date of Decision Summary:	15 August 2012
Decision Summary Author:	Policy and Strategy Director		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	WR – Residence Conditions – Income Support		Date of Written Report:	15 August 2012
Written Report Author:	Policy and Strategy Director		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Income Support (General Provisions) (Amendment No 8) (Jersey) Order 2012
Decision(s): The Minister made the Income Support (General Provisions) (Amendment No 8) (Jersey) Order 2012
Reason(s) for Decision: As part of the agreed change to Income Support entitlement for adults who do not pass the Income Support residence test, the residence test has been extended to include, in certain circumstances, aggregate periods of 10 years as well as a continuous 10 year period. This extension provides greater alignment between the Income Support legislation and the existing Housing Law regulations, as well as the proposed Control of Housing and Work law.
Resource Implications: There may be some limited additional cost associated with this change in residence rules, as some individuals with 10 years aggregate residence (but without 10 years continuous residence) will be able to claim Income Support. However, the numbers are expected to be small as the great majority of individuals in this situation will also have five years’ continuous residence. Any additional costs will be absorbed within overall Income Support budgets. There will be some administrative savings as the Social Security Department will be able to work more closely with the Population Office, and individuals will not have to prove their residence to both departments.
Action required: Policy and Strategy Director to notify the States Greffe and the Law Draftsman that the Order has been made and to request the Greffier of the States to arrange for the Order to be notified to the States.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Income Support (General Provisions) (Amendment No.8) (Jersey) Order 2012

Residence conditions for Income support

The States approved P.56/2012 on 17 July 2012. This amendment to the Income Support regulations makes changes to the eligibility of adults within Income Support households to the adult component, impairment components and the carer’s component. From 1 August 2012, these components will only be included within an Income Support claim if the adult in question satisfies the Income Support residence test in their own right.

Included as part of the report accompanying P.56, it was suggested that the residence test should be aligned with the proposed Control of Housing and Work Law, to simplify administration.

However, to simplify the transition process for existing Income Support claimants, amendments have been made to the Income Support General Provisions Order with effect from 1 September 2012, in line with relevant sections of the existing Housing Law Regulations. These are similar to the anticipated CHW regulations. This change will make the initial checking of existing claims simpler and quicker for both Income Support claimants and Social Security staff over the next few months. Once the CHW law is in force, the Income Support Order will be further adjusted as necessary to match the new regulations.

Financial and manpower considerations

There may be some limited additional cost associated with this change in residence rules, as some individuals with 10 years aggregate residence (but without 10 years continuous residence) will be able to claim Income Support. However, the numbers are expected to be small as the great majority of individuals in this situation will also have five years’ continuous residence. Any additional costs will be absorbed within overall Income Support budgets.

There will be some administrative savings as the Social Security Department will be able to work more closely with the Population Office, and individuals will not have to prove their residence to both departments.