Income Support (Special Payments)-Report of the Minister of Social Security
Income Support (Special Payments) ( Jersey ) Regulations 200-
The components described in the Income Support (Jersey) Regulations form the basis of regular payments to reasonably settled households which satisfy the work, income and residency criteria. In any income support system there is also a need to provide “one off” payments to cover extraordinary expenses that might make the financial position of low income households worse or indeed push some households into poverty. The UK uses a system of crisis loans, community grants and emergency payments through the Social Fund and the existing Parish Welfare system operates a similar emergency payment system. Article 8 of the principal Law allows the States to make Regulations to provide for the Minister to make special payments to defray expenses to eligible households or people ordinarily resident in Jersey in exceptional circumstances. The Law also allows the Minister to provide assistance up to a specified limit to those temporarily in Jersey but not ordinarily resident (for example “the ship wrecked mariner”).
These powers are wide and discretionary. However through the Regulations, and the published guidelines to be approved by the Minister, it should be reasonably clear to whom and for what purpose special payments can be claimed and paid.
Regulation 2 essentially defines that special payments are to defray expenses and then defines the households that may benefit from a special payment. These households are those that are already in receipt of income support, those households who satisfy all other criteria (remunerative work and income) and who do not meet the 5 year residence condition but will do so in 6 months time, and those households who meet the remunerative work and residence criteria and fail the income criteria but are within 10% of the sum of the components to which they would have been entitled. In summary the households covered are those on income support, those nearly qualified by residence and those who are just over the income assessment for income support.
Regulation 3 whilst this Regulation defines the expenses that can be met by special payments, it is qualified in terms of there being an “urgent need for the goods or services” and that there is “no other reasonable means of meeting the cost”. The list of goods and services is fairly self explanatory; furniture and household equipment; deposits and removal costs ( but only where the dwelling is appropriate to the needs of the household), maintenance of the dwelling in terms of weather tight and securing against intruders, the essential costs in securing remunerative work and the exceptional costs of medical items and services. A special payment can also be made to protect a household from a serious risk to the health and safety of that household.
There are unfortunate occasions when the costs of funerals in Jersey cannot be met by the household, or indeed a body has to be moved into or out of Jersey and again the cost cannot be met. A special payment can be made in these circumstances and it can also be paid to repatriate a person from Jersey.
Regulation 4 the amount of the special payment is specified as the lower of the full cost or a reasonable price for the goods and services provided. In administrative terms, the Department will hold a list of preferred suppliers, as the Parishes do now, but will always allow the claimant to be self sufficient provided the cost is not excessive. Certain items will have to be supplied new, particularly electrical goods, but with good quality second hand purchases available in Jersey these may be supplied rather than new.
Regulation 5 this Regulation serves a specific purpose in the circumstances where an adult member of the household refuses to actively seek remunerative work. The Income Support (Jersey) Regulations 200- require that an adult member of a household must work if at all possible and must demonstrate that he has been actively seeking work in the past 28 days if he is not working. In cases where the person does not attempt to seek work the individual will be advised that the regular income support claim will be disallowed unless they demonstrate that they are actively seeking work. Disqualification of the regular claim could lead to greater hardship for other members of the household, so the regular Income Support payment is replaced by a special payment where the basic component of the adult member refusing to work is withdrawn at a rate of 25% a week over four weeks (the 28 day period). The rest of the components and thereby the support to the rest of the household remains intact.
Regulation 6 again this Regulation serves a specific purpose where an individual in a household has a chronic condition but prefers not to disclose this through the normal claim process. This regulation allows the individual to make a claim in their own name without reference to others members of the household.
Regulation 7 this limits the amount that can be paid to a person temporarily resident but not ordinarily resident in Jersey to £500.
Special payments is an area that the Minister believes will need very careful monitoring and adjustment as experience is gained. There will be issues that arise that will cause the guidelines and the Regulations to be amended recognising that there is a finite amount of money available. In many instances, whilst the need might be urgent it is not often immediate and it is likely that cases will be referred to determining officers as a “case conference” to ensure that consistency of approach and equity is paramount.
Financial and Manpower
Other than the transfer of budgets and manpower from other Departments identified in the States Business Plan, there are no manpower or financial implications.
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