Variations to the Sickness (Isolation) Benefit in respect of Covid-19
Background
Covid 19 Sickness Benefit or Isolation Benefit was introduced, effective from 12 February 2020 to allow people to claim the standard rate of benefit via an online form if they need to self-isolate in line with public health advice as a result of the coronavirus pandemic. Claimants are not required to consult with their GP or provide a medical certificate and this has enabled speedy access to financial support, offered an incentive to comply with public health advice and allowed benefit to be accessed without GP certification at a time when it is important to protect primary care capacity.
Self-isolation is a key tool to reduce the spread of coronavirus, at the heart of the Government of Jersey’s ‘Delay, Contain and Shield’ strategy[i].
The benefit is available to working age people who are isolating because they;
- have tested positive for coronavirus (as confirmed by environmental health), or
- are showing symptoms consistent with public health advice to self-isolate, or
- have been identified as a direct contact of a someone who has tested positive
- have recently returned from travel abroad and are following public health advice to self-isolate
If people do not normally work, are being paid or can work from home in any of these situations, they are not able to claim the benefit.
The scheme has been established as a temporary measure to support the Island’s response to Coronavirus. It is enabled by:
- payments from the Social Security Fund, as Short-term Incapacity Allowance, payable under Article 15 of the Social Security (Jersey) Law 1974, using the provisions of Article 12(7) of the Social Security (General Benefit) (Jersey) Order 1975 and Article 2(1)(b) of the Social Security (Medical Certification) (Jersey) Order 1974 to vary the evidence required to make the benefit payable and,
- in cases where there is an inadequate social security contribution record, Special Payments under Article 8(2) of the Income Support (Jersey) Law 2007[1].
The scheme has been maintained in a series of Ministerial Decisions:
MD-S-2020-0010 (signed 24/02/20)
With reference to the Social Security (Medical Certification) (Jersey) Order 1974, Article 2 (1) (b) and advice issued by the Deputy Medical Officer of Health, the Minister for Social Security approved the Covid 19 Sickness Benefit scheme to consider applications for Short Term Incapacity Allowance without a medical certificate, using alternative forms of evidence to reduce the risk of transmission of Covid19.
MD-S-2020-0017 (signed 23/03/20)
In addition to existing ministerial delegations the Minister for Social Security made further to delegations in response to Covid19 to enable determining officers under Article 8(2) of the Income Support Jersey Law 2007 to make income support special payments equivalent in value for up to 14 days Short term Incapacity Allowance to Covid 19 Sickness Benefit claimants
The delegations were to remain in force for three months from the date of the decision, subject to review or extension by the Minister.
MD-S-2020-0027 (signed 13/05/20)
Eligibility criteria for Covid 19 Sickness Benefit was extended in light of changes to Public Health advice and the value of the Income Support Special payments, delegated to Determining Officers under Article 8(2) of the income support law, were extended from 14 days to 21 days, change effective from 28/03/20.
MD-S-2020 0036 (signed 23/06/2020)
Delegations were extended for a further three months and the ability of the Determining Officer to make special payments under Article 8(2) of the Income Support Jersey Law 2007 was given as a value equivalent to 14 days Short Term Incapacity Allowance.
MD-S-2020-0055 (11/09/2020)
Amendment to the on-line form in order to allow for the collection of information from the claimant by which they can declare the valid medical reason under which they refused a PCR test and wish to claim 14 days of Covid 19 Sickness Benefit.
The Minister, having delegated the power to make exceptional payments available to her under Article 8(2) of the Income Support (Jersey) Law 2007 to Determining Officers appointed under that Law. It is intended that this should allow the maximum value of 21 days of STIA to be made, under ministerial guidance, to people who would not normally qualify for Short Term Incapacity Allowance (STIA).
MD-S-2020-0060 (24/09/2020)
This MD was a further extension of the delegations described in MD-S-2020-0036. The extension runs from 1st October 2020 to 31st March 2021.
This Ministerial decision makes a further variation to the scheme in light of a request from public health to consider extension of the Covid 19 sickness benefit to:
1) A parent who must isolate with a child where the child is a direct contact of a positive case.
2) A person who must isolate because a member of their household that they care for is a direct contact of a positive case.
3) People who are unable to isolate within a home due to the restricted size of their home.
The usual rules in relation to working from home apply to all these groups i.e. It is available to working age people. If people do not normally work, are being paid or can work from home in any of these situations, they are not able to claim the benefit.
When people in these groups are applying for isolation benefit, they must obtain the consent (where relevant and appropriate) of the other individual (the person who has tested positive) when completing the claim application – this will need to be confirmed during the application process. In certain circumstances Customer and Local Services (CLS) will use existing data to verify elements of the claim, but where CLS do not hold the relevant data, they will contact the person applying for the benefit to request it.
1) A parent who must isolate with a child where the child is a direct contact of a positive case
In November 2020, public health issued a briefing to States Members in which a number of recommendations were made in light of the rise in cases of coronavirus on the Island. One recommendation in particular was relevant to Isolation benefit as it cited a need to address the situation where a parent has to self-isolate as a result of their child being identified as a direct contact of someone who has tested positive. An extract from recommendation is included below:
- Clarification and communication of a policy to ensure that adults can be compensated for self-isolation where they are a direct contact of child in the household. Further, the implementation of a system that allows contact tracing teams to communicate eligibility to relevant CLS officers
This decision aims to address this public health concern by extending Isolation benefit to parents that must isolate because the child is a direct contact of a positive case.
The public health guidance on this is clear, by dint of isolating with a child, a parent has a tangible risk of incubating and therefore, spreading the virus, if the child has been infected. On that basis, the Minister has agreed to extend the scheme to enable a parent of a child to claim Isolation Benefit, if they have to self-isolate with that child.
A maximum of one parent will be eligible to claim Isolation benefit in respect of a child or children under the age of 12 – the rationale for selecting this age is that it aligns with the rules applied by Income Support legislation in relation to actively seeking work requirements.
2) A person who must isolate because a member of their household that they care for is identified as a direct contact of a positive case
This situation is when either a vulnerable young person aged 12 to 17 with additional support needs or an adult with significant care needs who has been identified as a direct contact is unable to isolate separately from someone in their household because they need care or support from that person during the isolation period. From a public health perspective, if it is impossible for the carer to maintain isolation from the cared for person then the carer becomes a tangible risk of catching/spreading the infection so must also isolate.
The person identified as the direct contact must have assessed care needs. For a vulnerable young person aged between 12 and 17, CLS will check to see if there is a Child Personal Care benefit being claimed, if not then evidence will need to be provided, for example a statement of need from a school or CAMHS.
For adults, CLS will use existing SSD benefit evidence (e.g. IS PC/LTC/LTIA/STIA claims) to establish the care needs. Where there is not SSD benefit evidence, alternative evidence should be provided e.g. a letter from a care organisation or GP. CLS may contact the person being supported or cared for to validate any of the information/evidence provided in support of the claim.
One carer will be eligible to claim isolation benefit in respect of supporting a person in their household with their care needs.
3) People unable to isolate due to the restricted size of their home
Public health guidance on this is included below. In order to properly and safely isolate there must be sufficient shared living and sleeping space – otherwise the entire household must isolate if one member of the household is identified as a direct contact.
• Bedrooms (must be only occupied by person required to isolate)
• Bathrooms (can be shared, if following isolation guidance – i.e. clean down thoroughly after each use, no shared towels etc.)
• Kitchen (can be shared, if following isolation guidance – i.e. draw up a rota for accessing the kitchen, clean down thoroughly after each use, use separate plates and cups etc. where possible)
Public health guidance requires people to pursue different options for isolation if there is not sufficient space in the main household, for example - is there a way the household could be re-configured for the duration of the isolation period – e.g. swapping bedrooms, setting up a bed in the lounge. If not, people are asked if there are options for the person required to isolate (or the other household members) to stay somewhere else for the duration of the isolation period (i.e. with friends or family).
If none of the above is possible, then current advice is that all other household member(s) are required to isolate with them.
In each of these situations, an affected working age person may be entitled to Isolation benefit if they normally work but are unable to work from home and are not being paid.
Conclusion
In making this decision to extend Isolation Benefit to include these groups the Minister acknowledges that the benefit is subject to ongoing review and may be further revised, if necessary, in light of prevailing advice from STAC and senior officials from public health. In particular, the Minister has agreed to age related support based on current public health advice. These age limits can be varied by officers, if necessary, in light of prevailing advice from public health.
This extension is valid from 15th November 2020 to align with when public health advice was updated and will continue whilst this advice remains in force.
gov.je