Income Support
(Transitional Provisions) (Jersey) Order 2008
1 Interpretation
In this
Order, unless the context otherwise requires –
“ADIS” has the
meaning assigned by Article 4(2);
“appointed day”
means 28th January 2008;
“attendance
allowance” means an allowance payable under the Attendance Allowances
(Jersey) Law 1973;
“childcare allowance”
means the non-statutory benefit paid on behalf of the Minister towards the cost
of childcare for children aged under 5 years;
“disability
transport allowance” means the allowance payable under the Disability
Transport Allowance (Jersey) Law 1997;
“disabled
adult’s allowance” and “disabled child’s
allowance” mean the allowances payable under Article 3 and Article 4
respectively of the Invalid Care and Disability Allowances (Jersey)
Law 1978;
“General Provisions
Order” means the Income
Support (General Provisions) (Jersey) Order 2008;
“HIE”
means –
(a) medical
benefit payable under Regulation 3 of the Health
Insurance (Medical Benefit) (Jersey) Regulations 2005; and
(b) pharmaceutical
benefit within the meaning of Article 15 of the Health
Insurance (Jersey) Law 1967 for which
the person is not required to pay a subscription charge in accordance with
Article 7(7) of the Health
Insurance (Pharmaceutical Benefit) (General Provisions) (No. 2) (Jersey)
Order 2002;
“Law” means
the Income
Support (Jersey) Law 2007;
“protected HIE
payment” means a payment to which Article 3(1A) refers;
“protected payment”
means a payment to which Article 3(1) refers and, if a household is
eligible for a protected HIE payment, it also means such a payment;
“replaced benefit”
means any benefit or allowance, whether or not payable under any enactment,
that ceases to be payable on the appointed day except –
(a) HIE;
and
(b) unless
on the appointed day a member of the household is eligible for income support
under Article 2(1)(b) of the Law, childcare allowance and any payment under
the school age discount scheme;
“residential care”
means services provided at an institution consisting of –
(a) board
and lodging; and
(b) assistance
with activities that are part of normal daily living (such as bathing,
dressing, grooming, eating, medication management, money management and
recreation);
“school age discount
scheme” means the non-statutory scheme administered by the Jersey Child
Care Trust on behalf of the Minister that, immediately before the appointed
day, provided discounts for out of school care of children aged over 5 and
under 12 years;
“top-up sum”
shall be construed in accordance with Article 4(2). [1]
2 Claims
made and determined before the appointed day
(1) This
Article applies to any household a member of which, immediately before the
appointed day, was eligible for, and had claimed, any benefit or allowance,
whether or not payable under any enactment, that ceases to be payable on the
appointed day.
(2) Any
application or information furnished by or on behalf of a member of a household
to which this Article applies in pursuance of a claim for income support before
the appointed day shall be treated as a valid claim for income support under Article 6
of the General Provisions Order made on the appointed day.
(3) Any
purported determination of a claim mentioned in paragraph (2) made before
the appointed day shall be treated as a determination under Article 12 of
the General Provisions Order made on the appointed day.
3 Eligibility
for protected payment
(1) A
household is eligible by reason of this paragraph for a payment under this
Article known as a “protected payment” if –
(a) a
member of that household, immediately before the appointed day, was eligible
for, and had claimed, a replaced benefit;
(b) the
total payable to the household in respect of replaced benefits was at least
£2 a week;
(c) a
member of the household has made a claim for income support; and
(d) the
household is entitled to such payment under Article 4.[2]
(1A) A
household is eligible by reason of this paragraph for a payment under this
Article known as a “protected HIE payment” if –
(a) a member of that household, immediately
before the appointed day, was eligible for and had claimed an HIE;
(b) a member of the household has made a claim
for income support; and
(c) the
household is entitled to such payment under Article 4.[3]
(2) A
claim may be made for income support under this Article for the purpose of
claiming a protected payment even though the person or household in question is
not eligible for income support.
(3) A
protected payment is payable in addition to the amount of income support (if
any) that a household is entitled to receive.
(4) A
claim for a protected payment must be made within one month of the appointed
day unless the determining officer considers there is sufficient reason for the
claim to be made after that date.
(5) However,
a claim for income support in respect of a household that is entitled to a
protected HIE payment may be made at any time before 1st May 2008 or, if the
determining officer considers that there is sufficient reason for the claim to
be made after that date, before such later date as he or she shall determine.[4]
4 Calculation
of protected payment
(1) A
protected payment is payable if the household is entitled to a top-up sum.
(2) A
top-up sum (also referred to in this Order as a “TUS”) is
calculated by means of the formula –
RB – ADIS
where –
RB is the weekly amount of
replaced benefits to which the household was entitled immediately before the
appointed day; and
ADIS is the amount of
income support (if any) to which the household was entitled on the appointed
day.
(2A) However,
if the household is entitled to a protected HIE payment, the TUS is calculated
by means of the formula –
(RB + RH) – ADIS
where –
RH is the sum of
£1.96 multiplied by the number of individuals in the household who were,
immediately before the appointed day, eligible for and had claimed HIE; and
RB and ADIS are the
amounts to which paragraph (2) refers.[5]
(3) A
protected payment is calculated by means of the formula –
(CTUS + ADIS) –
CIS
where –
CTUS is the amount of TUS
remaining after any reduction that may be required from time to time by Article 5;
and
CIS is the current amount
of income support to which the household is entitled.
(4) Where
the calculation in paragraph (3) results in a nil or negative amount,
there shall be no further entitlement to a protected payment.
5 Change
in entitlement to a protected payment
(1) Where –
(a) a
household is entitled to a protected payment; and
(b) the
circumstances of the household change so that any replaced benefit, if it had
not ceased to be payable on the appointed day, would nevertheless because of
that change of circumstances cease to be payable,
the top-up sum shall be
recalculated by means of the formula –
RRB – RADIS
where –
RRB is the weekly amount
of replaced benefits to which the household would have been entitled
immediately before the appointed day had the circumstances giving rise to the
recalculation existed on the appointed day;
RADIS is the amount of
income support (if any) to which the household would have been entitled on the
appointed day had the circumstances giving rise to the recalculation existed on
the appointed day.
(1A) However,
if the household is entitled to a protected HIE payment, the top-up sum shall
be recalculated by means of the formula –
(RRB + RRH) –
RADIS
where –
RRH is the sum of
£1.96 multiplied by the number of individuals in the household who,
immediately before the appointed day, would have been eligible for HIE had the
circumstances giving rise to the recalculation existed on the appointed day;
and
RRB and RADIS are the
amounts to which paragraph (1) refers.[6]
(2) [7]
6 Reduction
and phasing out of top-up sum[8]
(1) This paragraph applies
where a member of a household was eligible for attendance allowance in respect
of a child immediately before the appointed day and had claimed that allowance.
(2) Where paragraph (1)
applies, the household is entitled to the top-up sum each week during the
period beginning 1st July 2012 and ending on the day the child in respect of
whom the attendance allowance was payable reaches compulsory school leaving
age.[9]
(3) This paragraph applies
where –
(a) paragraph (1)
does not apply; and
(b) a
member of a household was eligible for attendance allowance in respect of an
adult member of the household, disabled adult’s allowance or disabled
child’s allowance immediately before the appointed day and had claimed
any such allowance.
(4) Where paragraph (3)
applies, the amount of a top-up sum to which a household is entitled each week
during a period specified in column 1 of the table in the Schedule is the
percentage of that TUS specified in column 3 in the same row of the table.
(5) This paragraph applies
where –
(a) neither
paragraph (1) nor paragraph (3) applies; and
(b) the
calculated income of a household on the appointed day is more than 3 times
the total amount payable in respect of all the components of income support to
which the household is entitled under Article 5 of the Law.
(6) Where paragraph (5)
applies no top-up sum is payable.
(7) This paragraph applies
where –
(a) none
of paragraphs (1), (3) and (5) applies; and
(b) TUS
> (CIH + ADIS) x 25%
where –
CIH is the calculated income of the household on the appointed day.
(8) Where paragraph (7)
applies, the amount of a top-up sum to which a household is entitled each week
during a period specified in column 1 of the table in the Schedule is the
percentage of that TUS specified in column 4 in the same row of the table.
(9) This paragraph applies
where –
(a) none
of paragraphs (1), (3), (5) and (7) applies; and
(b) a
member of a household –
(i) is aged 65 or
over on the appointed day, or
(ii) was
eligible for disability transport allowance immediately before the appointed
day and had claimed that allowance.
(10) Where paragraph (9)
applies, the amount of a top-up sum to which a household is entitled each week
during a period specified in column 1 of the table in the Schedule, is the
percentage of that TUS specified in column 5 in the same row of the table.
(11) This paragraph applies where
none of paragraphs (1), (3), (5), (7) and (9) applies.
(12) Where paragraph (11)
applies, the amount of a top-up sum to which a household is entitled each week
during a period specified in column 1 of the table in the Schedule is the
percentage of that TUS specified in column 6 in the same row of the table.
7 Households
receiving residential care
(1) Where
any part of a top-up sum relates to a household consisting entirely of persons
receiving residential care, the top-up sum is not subject to any reduction
under Article 6.
(2) However,
the household shall cease to be entitled to a protected payment when the
Minister approves a contract providing for the payment of fees in respect of
the household’s residence at the home in which the care is provided.
7A Phasing out of
protected payments[10]
No protected payment is payable after –
(a) in the case of a
household to which Article 6(1) applies, 30th June 2016;
(b) in the case of a
household to which Article 6(3) applies, 30th June 2015;
(c) in the case of a
household to which Article 6(7) applies, 30th June 2014;
(d) in the case of a
household to which Article 6(9) applies, 30th June 2013; and
(e) in the case of a
household to which Article 6(11) applies, 30th June 2012.
8 Temporary
automatic entitlement to impairment component for persons on certain benefits
(1) In
this Article a reference to a numbered paragraph without further identification
is a reference to the paragraph of that number in Schedule 1 to the Income
Support (Jersey) Regulations 2007.
(2) Where
a person or the person’s household, immediately before the appointed day,
was entitled to a benefit mentioned in paragraph (3) of this Article, this
Article applies until a determining officer considering a household’s
entitlement to income support otherwise determines the household’s
entitlement to the impairment component in accordance with the criteria set out
in paragraphs 5 to 8.
(3) Except
where he or she is receiving residential care –
(a) where
a person in the household was, immediately before the appointed day, eligible
for attendance allowance, the household is entitled in respect of that person
to the rate of personal care element in paragraph 6(3)(c);
(b) where
a person in the household was, immediately before the appointed day, eligible
for disabled adult’s allowance or disabled child’s allowance, the
household is entitled in respect of that person to the rate of personal care
element in paragraph 6(3)(b);
(c) where
a person in the household was, immediately before the appointed day, eligible
for disability transport allowance and not any of the allowances mentioned in
sub-paragraph (a) or (b) of this paragraph, the household is entitled in
respect of that person to the rate of personal care element in
paragraph 6(3)(a) and to the mobility element in accordance with
paragraph 7(3);
(d) where
a person in the household was, immediately before the appointed day, eligible
for HIE and any of the allowances mentioned in sub-paragraph (a) or (b) of
this paragraph, the household is entitled in respect of that person to the rate
of clinical cost element in paragraph 8(2)(b);
(e) where
a person in the household was, immediately before the appointed day, eligible
for HIE and –
(i) long term
incapacity allowance under Article 16 of the Social
Security (Jersey) Law 1974 following an
assessment of a degree of incapacitation of 75% or more,
(ii) invalidity
benefit under Article 15(2)(b) of that Law (as enacted prior to its
amendment by the Social Security (Amendment No. 14) (Jersey)
Law 2000), or
(iii) an
incapacity pension under Article 17 of that Law,
the household is
entitled in respect of that person to the rate of clinical cost element in
paragraph 8(2)(b);
(f) where
a person in the household was, immediately before the appointed day, eligible
for HIE but is not eligible for any other allowance, benefit or pension
mentioned in sub-paragraphs (a), (b), or (e)(i), (ii) or (iii) of this
paragraph, the household is entitled in respect of that person to the rate of
clinical cost element in paragraph 8(2)(a).
9 Payments
to persons receiving residential care only after appointed day
(1) Payments
may be made under this Article to a person receiving residential care
where –
(a) the
Minister considers that the household is in need of financial assistance;
(b) the
person meets the criteria for the rate payable in respect of the personal care
element of the impairment component under paragraph 6(3)(d) of Schedule 1
to the Income
Support (Jersey) Regulations 2007; and
(c) the
person only receives residential care after the appointed day but before the
Minister approves a contract providing for the payment of fees in respect of
the person’s residence at the home in which the care is provided.
(2) Payments
under this Article shall be of such amount as the Minister considers
appropriate, being an amount not exceeding the reasonable cost of providing
residential care to a person of the person’s age and level of impairment.
(3) No
payment may be made under this Article after the Minister approves a contract as
mentioned in paragraph (1)(c).
9A Payment in respect of
medical services[11]
(1) A
payment may be made under this Article where –
(a) a
member of a household, being in need of medical services, is provided with such
services on or after 28th January 2008 but before 1st October 2010;
(b) at
the time the services are provided, the household is eligible for a protected
HIE payment; and
(c) a
special payment has not been made under the Income
Support (Special Payments) (Jersey) Regulations 2007 to defray the cost of the provision of the services.
(2) The
amount of the payment that may be made under this Article in respect of the
provision of medical services is whichever is the lesser of –
(a) the
full cost of defraying the cost of the medical services; or
(b) such
amount as represents a reasonable cost for those services.
(3) In
this Article, “medical services” has the same meaning as in the Health
Insurance (Jersey) Law 1967.
10 Claims,
determinations and appeals
Articles 6, 7, 8, 9,
12, 13, 17 and 18 of the Income
Support (General Provisions) (Jersey) Order 2008 apply to and in respect of claims and determinations under this
Order as they apply to and in respect of claims and determinations with respect
to income support.
11 Citation
This Order may be cited as the Income Support (Transitional
Provisions) (Jersey) Order 2008.