Income Support
(Special Payments) (Long-Term Care) (Jersey) Regulations 2014
1 Interpretation
(1) In these
Regulations –
“Income Support Law” means the Income Support (Jersey)
Law 2007;
“Long-Term Care Law” means the Long-Term Care (Jersey)
Law 2012;
“Long-Term Care Order” means the Long-Term Care (Benefits)
(Jersey) Order 2014.
(2) Any word or expression
that is not defined in these Regulations that is defined in the Long-Term Care
Order shall have the meaning in that Order.
2 Special
payment to meet costs of long-term care
(1) The Minister may make
special payments to any person to defray the expenses of long-term care being
provided to that person if –
(a) the
person has attained the age of 18 years;
(b) the
person meets the condition in Article 2(1)(b) of the Income Support Law;
(c) the
person meets the condition in Article 3(2)(a) of the Long-Term Care Law;
(d) the
person is –
(i) a resident of an
approved care home, or
(ii) in
receipt of an approved care package,
for which a charge is payable;
(e) the
person meets the condition with respect to the person’s assets as set out
in paragraph (2); and
(f) the
person is not an eligible person under the Long-Term Care Order.
(2) The condition for the
purposes of paragraph (1)(e) is that the value of the person’s
assets, excluding the value of any owned principal residence, is less
than –
(a) £13,706,
in the case of a single person; or
(b) £22,719,
in the case of a partnership.
(3) For the purposes of
determining the value of a person’s assets under paragraph (2) –
(a) there
shall be deducted –
(i) the amount
secured by any existing charge, hypothec or similar on the asset, and
(ii) where
an asset is owned in part by a third party, an amount that is equivalent to the
proportion owned by the third party; and
(b) if
the person (“first person”) is in a partnership, the assets of the
partner shall be taken into account to the extent that such assets are not jointly
owned and included as part of the first person’s assets.
3 Amount
of special payments
(1) Where a person’s
assets, as determined in accordance with Regulation 2(3), do not include
an owned principal residence, the person shall, subject to paragraph (2),
receive weekly special payments in the form of grants of whichever is the lower
of the following amounts –
(a) the
weekly costs shown in the table in Article 8 of the Long-Term Care Order for
the person’s appropriate level of standard of care as shown in
column 3, 4 or 5 of that table, as the case may be and, if applicable,
where a person receives long-term care in an approved home, the amounts shown
in Article 9(c) of that Order; or
(b) the
actual weekly costs to the person in place of the amounts referred to in
sub-paragraph (a).
(2) From the amount of a
special payment to which a person is entitled under paragraph (1), there
shall be deducted the maximum amount possible from the person’s weekly
income as is sufficient to meet in whole or in part the person’s weekly
costs referred to in that paragraph.
(3) For the purposes of
paragraph (2) –
(a) if
the person is in a partnership, the income of the partner shall be included;
and
(b) the
amount of a person’s weekly income shall be assessed after making such
deductions as are described in Article 6(2) of the Long-Term Care Order.
(4) Where a person’s
assets, as determined in accordance with Regulation 2(3), include an owned
principal residence, the amount of a special payment shall be determined in
accordance with paragraphs (1) and (2) and, to the extent that there is
sufficient value in the owned principal residence, take the form of a loan
which shall be repayable in the same way that a loan is repayable under the Long-Term
Care Order.
(5) For the purpose of
paragraph (4), there is sufficient value in the owned principal residence
where, at the time each special payment is loaned, the aggregate value of the
special payments loaned under these Regulations is equal to or less than the
value of the principal residence after deducting from that value –
(a) the
amount secured by any other existing charge, hypothec or similar on residence;
and
(b) where
the residence is owned in part by a third party, an amount that is equivalent
to the proportion owned by the third party.
4 Transitional
provision in respect of payments made under the Income Support (Transitional
Provisions) (Jersey) Order 2008
(1) In this
Regulation –
“Order” means the Income Support (Transitional
Provisions) (Jersey) Order 2008;
“payment” means a payment made under –
(a) Article 9
of the Order, or
(b) Article 4
of the Order in circumstances where Article 6 does not apply by virtue of
Article 7.
(2) Any payment shall be
treated as having been made as a special payment in the form of a loan under
these Regulations if –
(a) it
was made in such circumstances that the person receiving the payment understood
it was to be repaid;
(b) the
person or the person’s partner has an owned principal residence; and
(c) there
is sufficient value in the owned principal residence.
(3) For the purposes of
paragraph (2)(c) there is sufficient value in the owned principal
residence where the value of the owned principal residence is, at the time of a
valuation done for the purposes of this Regulation, equal to or greater than
the aggregate amount of payments made after deducting from the value of the
residence –
(a) the
amount secured by any existing charge, hypothec or similar on residence; and
(b) where
the residence is owned in part by a third party, an amount that is equivalent
to the proportion owned by the third party.
(4) A payment treated as a
loan under paragraph (2) shall be repayable in the same way that a loan is
repayable under the Long-Term Care Order except to the extent that interest on
the loan is not chargeable on payments made before 1st July 2014.
(5) This Regulation does
not apply to any payment made to a person under the Order who died before 1st
July 2014.
5 Citation
and commencement
These Regulations may be
cited as the Income Support (Special Payments) (Long-Term Care) (Jersey)
Regulations 2014.