Income Support
(Transitional Provisions) (Jersey) Order 2008
Made 21st January 2008
Coming into force 28th
January 2008
THE MINISTER FOR SOCIAL SECURITY, in pursuance of Articles 18 and 19 of the
Income Support (Jersey) Law 2007[1], orders as follows –
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[2];
“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[3];
“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[4];
“General Provisions Order” means the Income Support
(General Provisions) (Jersey) Order 2008[5];
“HIE”
means –
(a) medical
benefit payable under Regulation 3 of the Health Insurance (Medical
Benefit) (Jersey) Regulations 2005[6]; and
(b) pharmaceutical
benefit within the meaning of Article 15 of the Health Insurance (Jersey)
Law 1967[7] 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[8];
“Law” means the
Income Support (Jersey) Law 2007[9];
“protected payment”
shall be construed in accordance with Article 3;
“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).
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 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) 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.
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.
(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.
(2) No
protected payment is payable after 30th September 2012.
6 Reduction
and phasing out of top-up sum
(1) This
paragraph applies where 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.
(2) Where
paragraph (1) applies, the top-up sum is reduced to nil on and after 1st
October 2008.
(3) This
paragraph applies where –
(a) paragraph
(1) does not apply; and
(b) TUS
> (CIH + ADIS) x 25%
where –
CIH is the calculated income of the household on the appointed day.
(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 2 in the
same row of the table.
(5) This
paragraph applies where –
(a) neither
paragraph (1) nor paragraph (3) applies; and
(b) a
member of a household –
(i) is aged 65 or
over on the appointed day, or
(ii) was eligible for
attendance allowance, disabled adult’s allowance, disabled child’s
allowance or disability transport allowance immediately before the appointed
day and had claimed any such allowance.
(6) Where
paragraph (5) 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.
(7) This
paragraph applies where none of paragraphs (1), (3) and (5) applies.
(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.
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.
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[10].
(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[11] 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[12]), 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).
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
and commencement
This Order may be cited as
the Income Support (Transitional Provisions) (Jersey) Order 2008 and shall come
into force on 28th January 2008.
senator p.f. routier
Minister for Social Security