Long-Term Care
(Benefits) (Jersey) Order 2014
Made 1st May 2014
Coming into force in
accordance with Article 16
THE MINISTER FOR SOCIAL SECURITY, in pursuance of Articles 3, 4 and 16
of the Long-Term Care (Jersey) Law 2012[1], orders as follows –
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 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[2];
“civil partnership” has the same meaning as in
the Civil Partnership (Jersey) Law 2012[3];
“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[4];
“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[5] (repealed by the Control of
Housing and Work (Jersey) Law 2012[6]), 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[7];
“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.
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 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.
(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[8] (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[9], or
(ii) is
under 19 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.
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[10];
(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[11];
(f) a sum of £249.71 per week where the person or the
partner of the person (but not both) is living in a principal residence;
(g) a sum of £374.57 per week where the person and the
person’s partner are living together in a principal residence;
(h) a sum of £124.86 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).
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[12]; or
(b) on intangible movable property under the Security Interests
(Jersey) Law 2012[13].
(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
The rates for long-term care benefit under Article 4(1)(a) of the Law comprising standard care costs are as
follows –
|
1
|
2
|
3
|
4
|
5
|
|
level of standard care
|
description of level of standard care
|
weekly cost for standard care in a care home
|
weekly cost for standard care in a group home
|
weekly cost for standard care in a principal residence
|
|
1
|
Person requires long-term care on a daily basis but can be left alone
for periods of at least 3 hours a day.
|
£340
|
£577.31
|
actual costs of care, not exceeding the amount shown opposite in
column 3
|
|
2
|
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.
|
£520
|
£577.31
|
as above
|
|
3
|
Person requires long-term care throughout the day or night but
care is not required 24 hours a day.
|
£670
|
£577.31
|
as above
|
|
4
|
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
that required for level 3.
|
£940
|
£577.31
|
as above
|
9 Conditions
for receiving a long-term care benefit comprising standard care costs
A person shall receive a long-term care benefit in the form of a
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 £300
towards the weekly costs of living in the home and any amount up to £32.66
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 £50,000.
(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 £50,000; or
(b) the person and the person’s partner pay an aggregate
sum of £75,000.
(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 –
(a) the
amount shown in column 3 of the table in Article 8 for the
person’s appropriate level of standard care if the person is in a care
home or the person’s principal residence; or
(b) the amount shown in column 4 of the table in Article 8
for the person’s appropriate level of standard care if the person is in a
group home.
(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 £300 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.
(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 £300 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.
(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.
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 when the latest of sub-paragraph (a)
or (b) 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) none of the following occupy a principal residence –
(i) the eligible person,
(ii) the eligible person’s partner,
(iii) 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.
(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
and commencement
This Order may be cited as
the Long-Term Care (Benefits) (Jersey) Order 2014 and shall come into
force on the same day that Parts 3 and 4 of the Long-Term Care (Jersey) Law 2012[14] come into force.
senator f. du h. le gresley
Minister for Social Security