Long-Term Care
(Benefits) (Jersey) Order 2014
1 Interpretation
In this Order –
“adult” means a person who is not a child;
“appropriate level of standard care” means long-term
care comprising standard care of the level referred to in column 2 of the
table in Article 8 which the person has been assessed as needing under
Article 5 of the Law;
“approved home” means a care home or group home, as the
case may be;
“asset” has the meaning in Article 2;
“breakdown” in the case of a partnership, means a
divorce, annulment, separation, dissolution or any situation where the partners
concerned are no longer in a relationship which is similar to marriage or civil
partnership;
“care home” means an approved care home other than a
group home;
“carer” has the meaning in Article 3;
“child” means a person below the upper limit of
compulsory school age by virtue of Article 2 of the Education (Jersey)
Law 1999;
“civil partnership” has the same meaning as in the Civil Partnership (Jersey)
Law 2012;
“deemed income” has the meaning in Article 4;
“dependent” has the meaning in Article 5;
“dispose” means to transfer by any method and includes
assign, give, sell, grant, charge, convey, bequeath, devise, lease, divest,
release and agree to do any of those things;
“eligible person” means a person who has attained the
age of 18 years and –
(a) is
a resident of an approved home or in receipt of an approved care package;
(b) meets
the conditions in sub-paragraphs (a), (d) and (e) of Article 3(2) of
the Law; and
(c) has
applied for a benefit under the Law to meet the cost of charges imposed on the
person by the approved home or provider of the approved care package;
“group home” means an approved care home which provides
long-term care for no more than 5 adults and whose requirements for
long-term care arise for reasons that are not wholly or mainly associated with
age;
“income” has the meaning in Article 6;
“Law” means the Long-Term Care (Jersey)
Law 2012;
“loan” has the meaning in Article 7;
“owned principal residence” means a principal residence
which is owned in whole or in part by an eligible person or the eligible
person’s partner, or both, and for this purpose, “own” means
entitlement to occupy and use the principal residence –
(a) as
owner;
(b) by
virtue of owning shares in a company that owns the land; or
(c) by
virtue of a consent under the former Regulation 1(1)(j) of the Housing
(General Provisions) (Jersey) Regulations 1970 (repealed by the Control of Housing and Work
(Jersey) Law 2012), a condition of such consent being that the principal residence is
owned by a company;
“partner” means either person in a partnership;
“partner 1” means the partner who is the first in
his or her partnership to become an eligible person, or where both partners
become eligible persons at the same time, the partner who is the older of the
2 partners;
“partner 2” means the partner who is the second in
his or her partnership to become an eligible person, or where both partners
become eligible persons at the same time, the partner who is the younger of the
2 partners;
“partnership” means a marriage, civil partnership or a
relationship which is similar to a marriage or civil partnership, other than
one which –
(a) has
broken down; or
(b) commences
after the date that either person in such a relationship becomes an eligible
person;
“principal residence” means a residence in Jersey, not
being an approved home, which is owned, rented or occupied under a licence, in
whole or in part, by an eligible person or the eligible person’s partner,
or both and –
(a) is
occupied by an eligible person as his or her principal residence or, where
applicable, by the eligible person and the eligible person’s partner as
the principal residence of the partnership;
(b) was
occupied by an eligible person as his or her principal residence before moving
into an approved home; or
(c) is
a residence which is derived from the proceeds of a disposal of a residence to
which paragraph (b) applied;
“property” means immovable or movable property, as the
case requires;
“qualifying maintenance payment” has the same meaning as
in Article 90B of the Income Tax (Jersey)
Law 1961;
“single person” means a person who is not a partner;
“standard care” means long term care provided in an
approved home or principal residence of a level described in column 2 of
the table in Article 8;
“third party” means a person other than a person whose
income, deemed income or assets are required to be assessed under this Order.[1]
2 Meaning
of “asset”
(1) “Asset”
means all of a person’s immovable and movable (whether tangible or
intangible) property excluding any of the following –
(a) each
personal possession with a market value of less than £10,000 when its
value is first required to be assessed for the purposes of this Order;
(b) any
sums held on trust in a retirement annuity trust scheme approved under Article 131CA
of the Income Tax (Jersey)
Law 1961 or a trust approved under Article 131E of that Law;
(c) income;
(d) assets
that are integral to a business owned by the person or the person’s
partner that is being run actively as a going-concern by the person.
(2) Paragraph (1)(a)
does not include any personal possession held wholly or mainly for investment
purposes.
(3) For
the avoidance of any doubt, deemed income is not regarded as an asset for the
purposes of this Order.
(4) An
asset –
(a) may
be situated in or outside Jersey; and
(b) includes
property disposed of by a person –
(i) in
consideration for less than its market value at the time of disposal, and
(ii) either –
(A) within
the 10 year period ending on the date the person, or a partner of the
person, became an eligible person, or
(B) in
the case of disposal of an owned principal residence in Jersey, at any time
prior to the person, or a partner of the person, becoming an eligible person,
if the person making the disposal has continued to live in the property as his
or her principal residence, or has retained a legal right to enjoyment of the
property such as receipt of rental income, during the period prior to the
person, or a partner of the person, becoming an eligible person,
unless the person can reasonably demonstrate that the primary
purpose of the disposal was for a reason other than to obtain a benefit under
this Law or to increase the amount of such a benefit.[2]
(5) Where
a disposal was made prior to the date that this Order comes into force, the
reference in paragraph (4) to a benefit under this Law, or to increasing
the amount of such a benefit, shall be construed to include a reference to
similar benefits under legislation in force at the time of the disposal or
under the obligations of a parish at that time to meet the costs of the relief
and maintenance of persons.
(6) Paragraph (4)
does not include –
(a) any
property disposed of by the partner of an eligible person prior to commencement
of the partnership; or
(b) any
property the market value of which was less than £5,000 at the time of
the disposal.
3 Meaning
of “carer”
(1) In
this Order, a person (“person A”) is the carer of another
person (“person B”) if –
(a) person B
requires the assistance described in paragraph (2);
(b) person A
has the main responsibility for providing such assistance to person B;
(c) person A
provides person B with such assistance for a period of, or periods
totalling, not less than 35 hours per week;
(d) such
assistance is provided by person A to person B in Jersey; and
(e) person A
does not receive earnings for the provision of assistance to person B.
(2) The
assistance required by person B must be either or both of the following –
(a) frequent
attention with bodily functions; or
(b) continual
supervision to avoid substantial danger to person B or to others.
(3) The
requirements in paragraph (1)(b) and (c) shall be treated as being
satisfied if they have ceased to be satisfied temporarily by virtue
of –
(a) person B
receiving alternative care for a period or periods not exceeding in the
aggregate 28 days per year; or
(b) person A
or person B –
(i) receiving
medical treatment as an in-patient in a hospital or similar institution in
Jersey, or
(ii) receiving
specialist medical treatment as an in-patient or out-patient in a hospital or
similar institution outside Jersey,
for a period or periods not exceeding in the aggregate 56 days
per year.
(4) The
requirement in paragraph (1)(d) shall be treated as being satisfied if it
has ceased to be satisfied temporarily by reason of –
(a) person A
providing such assistance to person B outside Jersey, during a period in
which person B is receiving specialist medical treatment as an out-patient
in a hospital or similar institution outside Jersey; or
(b) person A
providing such assistance to person B outside Jersey, for any other period
or periods not exceeding in the aggregate 28 days per year.
4 Meaning
of “deemed income”
(1) Deemed
income is an amount of such value as a determining officer reasonably considers
could be realised from the value of any asset (after taking into account any
amount that is so realised), the value of such asset from which income is
deemed being –
(a) in
the case of a person’s owned principal residence in Jersey, such sum that
is deducted from the value of the asset under Article 13(2);
(b) in
the case of all the person’s assets other than the person’s owned
principal residence in Jersey, such sum that is deducted from the value of
those assets under Article 13(4), but only to the extent that such sum
exceeds £25,000.
(2) No
income shall be deemed for the purposes of paragraph (1)(a) where a
principal residence is occupied by any of the following –
(a) the
eligible person;
(b) the
eligible person’s partner; or
(c) an
adult who lived with, and was a carer for, the eligible person for a period of
at least 12 months (or such lesser period that a determining officer
considers reasonable in all the circumstances of the case) before –
(i) the
date the eligible person moved into an approved home, or
(ii) the
date of the eligible person’s death, where the eligible person received
long-term care in his or her principal residence,
and who has continued to live in the principal residence since that
date.
5 Meaning
of “dependent”
“Dependent” means a person to whom any of the following
applies –
(a) the
person lives with an eligible person (or, if the eligible person is living in
an approved home did so before the eligible person moved into such a home) as
part of a family unit and –
(i) is
under 25 years and is excepted from the requirement to be engaged in full
time remunerative work by virtue of Article 3(1)(e) of the Income Support (Jersey)
Law 2007 (persons undergoing education or training on any course approved by
the Minister) and does not meet the criteria for the rate payable in respect of
the personal care element of the impairment component under
paragraph 6(3)(b) or (c) of Schedule 1 to the Income Support (Jersey)
Regulations 2007, or
(ii) is
under 25 years and is excepted from the requirement to be engaged in
full time remunerative work by virtue of Article 3(1)(g) of the Income Support (Jersey)
Law 2007 (persons available for, and actively seeking, full time
remunerative work) and does not meet the criteria for the rate payable in
respect of the personal care element of the impairment component under
paragraph 6(3)(b) or (c) of Schedule 1 to the Income Support (Jersey)
Regulations 2007; or
(b) is
a child and the eligible person or the eligible person’s partner has
parental responsibility for, or otherwise cares for, him or her as part of a
family unit.[3]
6 Meaning
of “income”
(1) In
this Order, “income” includes any of the following –
(a) sums
payable to a person (whether under a contract of service or a contract for
services or in respect of any other office, employment or arrangement whereby
the person is rewarded for work done or services rendered) by way of wages,
salary, fees, bonuses, commission, overtime pay or any other emolument
including the value of any loan, perquisite or any other benefit in kind;
(b) benefits
or grants received pursuant to the law of any country or territory;
(c) qualifying
maintenance payments received;
(d) pensions
from state and occupational schemes;
(e) income
from annuities and trusts;
(f) interest
from bank and building society accounts;
(g) dividends
and rental income;
(h) any
other periodical payment to which a person is entitled.
(2) There
shall be deducted from the amount of a person’s income for a
year –
(a) sums
equivalent to the person’s liability to pay in respect of that year for
social security contributions; income tax and long-term care contributions
(disregarding liability for sums in respect of which the person is in default
of payment);
(b) charitable
and reasonable voluntary payments receivable by the person in that year;
(c) sums
receivable by the person in that year from the Minister for Health and Social
Services under the terms of a foster placement agreement under
Regulation 16(3) of the Children (Placement) (Jersey)
Regulations 2005;
(d) a
sum equivalent to the person’s reasonable expenses payable in that year
related to ownership and maintenance of immovable property owned by the person
where the person is receiving rental income from the property;
(e) to
the extent that the person has earned income, a sum not exceeding 50% of the
standard rate of benefit for that year within the meaning of Article 13(2)
of the Social Security (Jersey)
Law 1974;
(f) a
sum of £254.94 per week where the person or the partner of the person
(but not both) is living in a principal residence;
(g) a
sum of £382.41 per week where the person and the person’s partner
are living together in a principal residence;
(h) a
sum of £127.47 per week for each dependent;
(i) a
sum equivalent to the reasonable expenses in that year of occupying a principal
residence by any of the following –
(i) the
person,
(ii) the
person’s partner, and
(iii) the
person’s dependents,
including the reasonable costs of rent and mortgage payments;
(j) a
sum of such other amount as a determining officer considers necessary towards
the reasonable expenses of the person in that year in relation to a member of
the person’s family (including any person who is no longer a member of
the person’s family following a breakdown);
(k) in
the case of partner 2 where partner 2 is an eligible person, a sum
that is equal to the amount payable by partner 1 for that year out of
either partner’s income for the purpose of complying with the condition
in Article 9(b) and, where applicable, Article 9(c);
(l) the
weekly amount of any payment to which the person’s household is entitled
under Article 4 of the Income Support (Transitional
Provisions) (Jersey) Order 2008 in circumstances where Article 6 does not
apply by virtue of Article 7 of that Order.[4]
7 Meaning
of “loan”
(1) “Loan”
means a loan to a person secured, or to be secured –
(a) on
immovable property under the Social Security Hypothecs
(Jersey) Law 2014; or
(b) on
intangible movable property under the Security Interests (Jersey)
Law 2012.
(2) In
respect of a loan referred to in paragraph (1)(a), the immovable property
must include a person’s owned principal residence.
(3) In
respect of a loan referred to in paragraph (1)(b), the intangible movable
property must derive from a person’s entitlement to occupy a principal residence
in the case of share transfer property or by virtue of a consent under
Regulation 1(1)(j) of the former Housing (General Provisions) (Jersey)
Regulations 1970 (repealed by the Control of Housing and Work
(Jersey) Law 2012) a condition of which is that the principal residence is owned by a
company.
(4) In
this Article, “share transfer property” means a principal residence
which a person is entitled to use and occupy by virtue of the ownership by
that person of shares in a company.
8 Rates
for long-term care benefit comprising standard care costs[5]
The rates for long-term care benefit under Article 4(1)(a) of
the Law comprising standard care costs are as follows –
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1
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Person requires long-term care on a daily basis but can be left
alone for periods of at least 3 hours a day.
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£492.03
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Costs of the approved care package, not exceeding the amount shown
opposite in column 3
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2
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Person requires long-term care on a daily basis but cannot be left
alone for periods exceeding 3 hours a day and the description for
level 3 or 4 does not apply.
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£750.54
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As above
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3
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Person requires long-term care throughout the day or night but
care is not required 24 hours a day.
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£1,084.93
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As above
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4
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Person requires long-term care 24 hours a day or, if not
24 hours a day, with a greater degree of specialist care required than is
required for level 3.
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£1,363.95
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As above
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9 Conditions
for receiving a long-term care benefit comprising standard care costs[6]
A person shall receive a long-term care benefit in the form of a
weekly grant for standard care costs at the rate shown in the table in Article 8
for the person’s appropriate level of standard care for a person in a
care home, group home or principal residence, as the case may be, if the person
has attained the age of 18 years and –
(a) meets
the conditions in Article 3(2)(a), (b), (d) and (e) of the Law;
(b) has
paid the amount required under Article 10 towards the costs of the
person’s appropriate level of standard care;
(c) where
the person receives long-term care in an approved home, the person pays £429.52
towards the weekly costs of living in the home and any amount up to £47.11
per week for such incidental expenses as may arise from time to time; and
(d) where
the person chooses to receive long-term care in respect of which the weekly
costs for either or both of the following –
(i) the
person’s appropriate level of standard care, as shown in the table in
Article 8,
(ii) the
weekly costs of living in an approved home as referred to in sub-paragraph (c),
exceed the costs which are shown in that table or referred to in
sub-paragraph (c), as the case may be, the person pays such weekly sums as
exceed that amount.
10 Amount
required to be paid towards standard care costs
(1) For
the purposes of Article 9(b), the sum that is required to be paid by a
single person is £72,570.[7]
(2) For
the purposes of Article 9(b), if a person is a partner, the sum that is
required to be paid by the person is whichever of the following happens
first –
(a) the
person pays £72,570; or
(b) the
person and the person’s partner pay an aggregate sum of £108,860.[8]
(3) If
at any time, following the date a partner becomes an eligible person, his or
her partnership breaks down and the sum referred to in paragraph (2)(b)
has not been paid by the time of the breakdown, each person is subsequently
treated as a single person for the purposes of this Article except in respect
of a person who enters into a new partnership at a time when neither that
person nor the new partner is an eligible person (in which case paragraph (2)
applies to the subsequent partnership).
(4) If,
at the time of the death of a partner the surviving partner was an eligible
person or the surviving partner subsequently becomes an eligible person, the
surviving partner continues to be treated as a partner of that partnership for
the purposes of this Article unless the surviving partner enters into a new
partnership at a time when neither the surviving partner nor the new partner is
an eligible person (in which case paragraph (2) applies to the subsequent
partnership).
(5) If
an amount referred to in paragraph (1) or (2) is increased, a person is
deemed to have paid the same proportion of the increased amount as the
proportion paid by the person of the amount that was in force immediately before
the increase.
(6) For
the purpose of assessing when the person has paid the amount required under
paragraph (1) or (2), regardless of the actual weekly amount paid by the
person, the person shall be deemed to have paid per week the amount shown in
column 3 of the table in Article 8 for the person’s appropriate
level of standard care (regardless of whether the person is in a care home, a
group home or the person’s principal residence).[9]
(7) A
payment made by a person for the purpose of paying in whole or in part the
amount required under paragraph (1) or (2) shall not be taken into account
unless, at the time of the payment, the person is an eligible person.
(8) Any
over payment by a person of the amount that the person is required to pay under
paragraph (1) or (2) shall be refunded.
11 Co-payment
benefits – grants to meet the costs referred to in Article 9(b)
and (c)
(1) An
eligible person is entitled to grants of such amounts as are required for the
purpose of making payments to meet the costs referred to in Article 9(b)
or (c) to the extent that the person has insufficient means to pay those
amounts.
(2) In
determining whether a person has insufficient means for the purposes of
paragraph (1) there shall be taken into account –
(a) the
person’s annual income;
(b) the
value of the person’s assets as determined in accordance with Article 13;
and
(c) the
person’s annual deemed income.
(3) After
a valuation has been made of a person’s assets for the purposes of
Article 11(2)(b), that valuation will be treated as diminishing to the
extent that such value is realized by any means for the purposes of making
payments to meet the conditions in either or both of Article 9(b) and (c)
(including where the value is used as security for the loan of any periodical
payment under Article 12).
(4) An
assessment of a person’s deemed income for the purposes of paragraph (2)(c)
shall not be made in respect of a person’s owned principal residence or
other assets to the extent that the person has value in such assets that is
greater than nil value, such value being determined in accordance with Article 13
and then applying paragraph (3).
(5) If
the person (“first person”) is in a partnership, the means of the
partner shall also be taken into account in assessing the first person’s
means for the purposes of paragraph (1) except to the extent that any
assets are jointly owned and included as part of the first person’s
assets.
(6) If,
at a time when a person’s means are valued for the purposes of paragraph (1)
(including a partner, where applicable), the person has made any payments
referred to in Article 9(d) after 1st July 2014, the person’s
income and assets shall be assessed as if such payments had not been made.
12 Co-payment
benefits – loans to meet the costs referred to in Article 9(b),
(c) and (d)
(1) An
eligible person is entitled to receive a loan under paragraph (2) or (3)
in the form of periodical payments that accrue from time to time for the
purpose of making payments to meet the conditions referred to Article 9(b),
(c) and (d).
(2) Where
the value of a person’s owned principal residence, as determined in
accordance with Article 13 is greater than nil value, a periodical payment
may be loaned to the extent that –
(a) the
person’s income and the value of the person’s other assets as
determined in accordance with Article 13, are insufficient to make the
payments referred to in Article 9(b), (c) and, if applicable, Article 9(d),
the value of such other assets being treated as diminishing to the extent that
such value is realized by any means for the purpose of making such payments
(including where the value is used as security for the loan of any periodical
payment under this Article);
(b) if
the loan is for the purpose of paying amounts referred to in Article 9(d),
each such amount does not exceed £429.52 per week;
(c) at
the time of the payment, value remains in the owned principal residence as
determined in accordance with Article 13 that is not being used to secure
the loan of one or more other periodical payments under this Article
disregarding all payments of amounts referred to in Article 9(d); and
(d) the
overall amount of the aggregate periodical payments loaned for the purpose of
paying the amounts referred to in Article 9(b) and (c) does not exceed the
value of the owned principal residence as determined in accordance with Article 13.[10]
(3) Where –
(a) the
value of a person’s owned principal residence, as determined in
accordance with Article 13, is nil value; or
(b) the
value of a person’s owned principal residence, as determined in
accordance with Article 13 is greater than nil value but the condition in
paragraph (2)(d) cannot be met,
a loan may be made for either or both of the purposes referred to in
paragraph (4) provided the conditions in paragraph (5) are met.
(4) Those
purposes are –
(a) payment
of the amounts required under Article 9(b) and (c) to the extent that the
person is assessed as having deemed income from the person’s principal
residence to pay those amounts (except to the extent that such deemed income is
otherwise realised); and
(b) payment
of amounts referred to in Article 9(d).
(5) A
loan under paragraph (3) is subject to the following
conditions –
(a) to
the extent that the person has income, the income is used to pay amounts
required under Article 9(b) and (c) and, to the extent that weekly income
is available after payment of those amounts, if applicable Article 9(d);
(b) to
the extent that the person has other assets the value of which is in excess of
£25,000 and equal to or less than the value of those other assets
determined in accordance with Article 13, the value of those assets is
realised for the purpose of either or both of the following –
(i) producing
the equivalent to the amount of deemed income that a determining officer has
assessed as realisable from a person’s principal residence or other
assets for the purpose of paying amounts referred to in Article 9(b), (c)
and, if applicable Article 9(d), or
(ii) to
the extent not referred to in clause (i), payment of the amounts referred
to in Article 9(d);
(c) if
the loan is for the purpose of paying amounts referred to in Article 9(d),
each such amount does not exceed £429.52 per week;
(d) in
the case of –
(i) a
single person or a person whose partner is deceased, the amount determined in accordance
with sub-clause (A) is less than the amount determined in accordance with
sub-clause (B) as follows –
(A)((C+D) minus E) x 260,
(B) F +
G,
where –
C is the person’s weekly deemed income from the owned
principal residence,
D is each weekly amount referred to in Article 9(d),
E is the amount of the person’s weekly income in excess of
that required to meet the weekly costs referred to in Article 9(b) and
(c),
F is the value of the person’s owned principal residence minus
£197,000,
G is the value of the person’s other assets minus
£25,000,
(ii) partner 1,
the amount determined in accordance with clause (i)(A) is less than the
amount determined in accordance with clause (i)(B), subject to the
following modifications –
(A) in
sub-clause (A) for “260” there is substituted
“520”,
(B) E
refers to the weekly incomes of partners 1 and 2, and
(C) G
refers to the other assets of partners 1 and 2 minus £25,000,
(iii) partner 2,
the amount determined in accordance with sub-clause (A) is less than the
amount determined in accordance with sub-clause (B) as
follows –
(A)((C+D) minus E) x (260 minus F) + ((G + H) minus I) x J),
(B) K+L
where –
C is partner 1 and partner 2’s weekly deemed income
from the owned principal residence,
D is each weekly amount referred to in Article 9(d) payable in
respect of partners 1 and 2,
E is the amount of partner 1 and partner 2’s weekly income
in excess of that required to meet the costs for each partner referred to in Article 9(b)
and 9(c),
F is the total number of weeks for which partner 1 has been an
eligible person,
G is partner 2’s weekly deemed income from the owned
principal residence,
H is each weekly amount referred to in Article 9(d) payable in
respect of partner 2,
I is the amount of partner 2’s weekly income required to
meet the costs referred to in Article 9(b) and (c),
J is the total number of weeks for which partner 1 has been an
eligible person,
K is the value of the owned principal residence minus
£197,000,
L is the value of partner 1 and partner 2’s other
assets minus £25,000.[11]
(6) For
the purpose of the calculations in paragraph (5), where any element of the
calculation is of zero or a negative value, that element shall be treated as
zero value.
(7) For
the purposes of assessing the amount of a person’s income and the value
of a person’s assets (including deemed income, where applicable) for the
purposes of this Article, if the person (“first person”) is in a
partnership, subject to paragraph (5)(d)(ii) and (iii), the income and
assets of the partner shall be taken into account except to the extent that any
assets are jointly owned and included as part of the first person’s
assets.
(8) In
this Article “value” of an owned principal residence or other asset
means value of the residence or asset after deducting –
(a) the
amount secured by any existing charge, hypothec or similar on the residence or
other asset; and
(b) where
the residence or other asset is owned in part by a third party, an amount that
is equivalent to the proportion owned by the third party.
12A Circumstances
where benefits are reduced[12]
(1) In
this Article –
“claimant” means a person receiving a benefit in the
form of a grant or loan under any of Articles 9, 11 and 12 who for any
reason –
(a) is
temporarily absent from an approved home in which the claimant has been
receiving long-term care; or
(b) temporarily
does not receive the approved care package in respect of which the claimant is
entitled to benefits;
“period of absence” refers to the period that a claimant
is temporarily absent from an approved home or temporarily does not receive the
approved care package, as the case may be;
“week” includes part of a week;
“weekly costs” means the costs referred to in Article 9(b)
and, where applicable Articles 9(c) (disregarding the amount for
incidental expenses) and 9(d).
(2) A
benefit is not reduced in respect of a period of absence that does not exceed
2 weeks.
(3) In
respect of a period of absence that exceeds 2 weeks and is not more than
6 weeks, the benefit which would be payable under this Order were it not
for the period of absence shall be reduced in accordance with paragraph (4)
for the third week of the period of absence and for each subsequent week up to
and including the sixth week of the period of absence.
(4) For
the purposes of paragraph (3), the amount of benefit shall be calculated
and paid as if each of the weekly costs chargeable to the claimant were reduced
by 10% (whether or not such costs were, in fact, reduced).
(5) In
respect of a period of absence that is more than 6 weeks, the benefit
which would be payable under this Order were it not for the period of absence
shall be reduced by 100% for the seventh week and each subsequent week of the
period of absence.
13 Determining
the value of a person’s assets
(1) In
determining the value of a person’s assets there shall be
deducted –
(a) the
amount secured by any existing charge, hypothec or similar on the asset; and
(b) where
an asset is owned in part by a third party, an amount that is equivalent to the
proportion owned by the third party.
(2) After
making any deduction in accordance with paragraph (1), in determining the
value of a person’s owned principal residence there shall be deducted
from the value of that residence –
(a) the
sum of £394,000 where the value of the residence is equal to or exceeds
that sum and the value of all the other assets of the person is equal to or
exceeds £25,000;
(b) the
sum that is equal to the value of the residence where its value is equal to or
less than £394,000;
(c) the
sum that is determined in accordance with paragraph (3) where the value of
the residence exceeds £394,000 and the value of all the other assets of
the person is less than £25,000 (including where there are no such other
assets).
(3) For
the purposes of paragraph (2)(c), the sum shall be –
(a) £419,000
minus the value of all the other assets of the person (or zero if there are no
such other assets); or
(b) if
deduction of the sum in paragraph (a) from the value of the residence produces
a negative figure, the full value of the residence.
(4) After
making any deduction in accordance with paragraph (1), in determining the
value of all the other assets of a person there shall be deducted from the
value of those assets –
(a) the
sum of £25,000 where the value of all the other assets of the person is
equal to or exceeds £25,000 and the value of the person’s owned
principal residence is equal to or exceeds £394,000;
(b) the
sum equal to the value of all the other assets where the value of those assets
is equal to or less than £25,000;
(c) a
sum determined in accordance with paragraph (5) where the value of all the
other assets exceeds £25,000 and the value of the person’s owned
principal residence is less than £394,000 (or where the person has no
such residence).
(5) For
the purposes of paragraph (4)(c) the sum shall be –
(a) £419,000
minus the value of the person’s owned principal residence in Jersey (or
zero if there is no such residence); or
(b) if
deduction of the sum in paragraph (a) from the value of all the other
assets produces a negative figure, the full value of the assets.
(6) For
the purpose of determining the value of –
(a) all
the other assets of a person for the purposes of paragraph (2)(a), (b) or
(c), the gross value of the assets shall be used after making any deduction in
accordance with paragraph (1);
(b) a
person’s owned principal residence for the purposes of paragraph (3)(a),
(b) or (c), the gross value of the residence shall be used after making any
deduction in accordance with paragraph (1).
(7) For
the purpose of making an assessment under this Article, to the extent that, at
the time of making the assessment, a person has used the value of any assets to
make any payments referred to in Article 9(d) after 1st July 2014,
those assets shall be assessed as if such payments had not been made.
14 Matters
relating to valuations of property and assessments of income
(1) Except
where provided otherwise in this Order, an asset shall be valued at its full
market value at the time of valuation.
(2) Where
an owned principal residence in Jersey is deemed to be a person’s asset
in the circumstances described in Article 2(4)(b)(ii), the asset shall be
deemed to be owned by the person at its full market value.
(3) A
person must inform a determining officer if there is any change in the
circumstances of the person or the person’s partner that could affect the
amounts of benefits which are payable to the person or the person’s
partner.
(4) A
determining officer may require any of a person’s income or assets
(including deemed income) to be assessed at any time for the purposes of
determining any benefits a person is entitled to receive under this Order or
the amount of any payment which a person is required to make for the purpose of
complying with Article 9(b) (c), and, if applicable, Article 9(d).
15 Repayment
of loans
(1) Where
a benefit has been given to a person in the form of a loan as referred to in
Article 12, the principal sum with interest is repayable if any of the
following occurs –
(a) the
principal residence is sold at a time when an eligible person who owns the
principal residence, or is a partner of such a person, is receiving long-term
care under the Law (other than where the proceeds from sale are used to buy
another owned principal residence); or
(b) the
eligible person who received long-term care has died and none of the following
occupy the principal residence that, at the date of the eligible person’s
death, was owned by the eligible person or the eligible person’s
partner –
(i) the
eligible person’s partner, or
(ii) an
adult who lived with, and was a carer for, the eligible person for a period of
at least 12 months (or such lesser period that a determining officer
considers reasonable in all the circumstances of the case) before –
(A) the date
the eligible person moved into an approved home, or
(B) the
date of the eligible person’s death, where the eligible person received
long-term care in his or her principal residence,
and who has continued to live in the principal residence since that
date.[13]
(2) For
the purposes of paragraph (1) interest shall be payable at 0.5% above the
Bank of England base rate calculated on a daily basis and compounded annually.
(3) The
Minister may, in exceptional circumstances, defer payment of all or any part of
a loan and all or any part of any interest payment.
16 Citation
This Order may be cited as the Long-Term Care (Benefits) (Jersey)
Order 2014.