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Income Support: Disregard of Capital Payments made under Historic Abuse Redress Scheme

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 1 August 2014:

Decision Reference: MD-S-2014-0100

Decision Summary Title :

Disregard of capital payments made under the Historic Abuse Redress Scheme for Income Support purposes

Date of Decision Summary:

31 July 2014

Decision Summary Author:

Policy Principal

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

N/A

Person Giving

Oral Report:

N/A

Written Report

Title :

N/A

Date of Written Report:

N/A

Written Report Author:

N/A

Written Report :

Public or Exempt?

 

N/A

Subject: Income Support – disregard of capital payments made under the Historic Abuse Redress Scheme

Decision(s): The Minister decided to permanently disregard the capital value of compensation payments made under the Historic Abuse Redress Scheme (sometimes known as “Project Alpha”). These payments will not be included as a capital amount when calculating Income Support entitlement.

A previous Ministerial Decision (MD-S-2014-0014) was signed on 04/02/14 and approved the “Income Support Policy Guidelines January 2014”. As part of this decision, a special disregard period of 36 months was created for payments made under this scheme. This Decision extends that disregard indefinitely.

Reason(s) for Decision:

 

Given the unique nature of the payments made under this scheme, the Minister decided that it would not be appropriate to treat them as capital for the purposes of calculating ongoing Income Support entitlement. Following this decision, receipt of a payment under the Scheme will have no effect on a household’s entitlement to Income Support benefit.

Resource Implications: There are no financial or manpower implications.

Action required: Policy Principal to liaise with colleagues in Treasury and Health & Social Services to ensure that this extended disregard can be communicated to all persons who have received (and will receive) a payment under the scheme.

Signature:

 

 

Position:

 

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

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