Income Support
(Special Payments) (Long-Term Care) (Jersey) Regulations 2014
Made 17th June 2014
Coming into force in
accordance with Regulation 5
THE STATES, in pursuance of Articles 8 and 18 of the Income Support
(Jersey) Law 2007[1], have made the following
Regulations –
1 Interpretation
(1) In
these Regulations –
“Income Support Law”
means the Income Support (Jersey) Law 2007[2];
“Long-Term Care Law”
means the Long-Term Care (Jersey) Law 2012[3];
“Long-Term Care Order”
means the Long-Term Care (Benefits) (Jersey) Order 2014[4].
(2) Any
word or expression that is not defined in these Regulations that is defined in
the Long-Term Care Order shall have the meaning in that Order.
2 Special
payment to meet costs of long-term care
(1) The
Minister may make special payments to any person to defray the expenses of
long-term care being provided to that person if –
(a) the person has attained the age of 18 years;
(b) the person meets the condition in Article 2(1)(b) of
the Income Support Law;
(c) the person meets the condition in Article 3(2)(a) of
the Long-Term Care Law;
(d) the person is –
(i) a resident of an approved care home, or
(ii) in receipt of an approved care package,
for which a charge
is payable;
(e) the person meets the condition with respect to the
person’s assets as set out in paragraph (2); and
(f) the person is not an eligible person under the Long-Term Care
Order.
(2) The
condition for the purposes of paragraph (1)(e) is
that the value of the person’s assets, excluding the value of any owned
principal residence, is less than –
(a) £13,706,
in the case of a single person; or
(b) £22,719,
in the case of a partnership.
(3) For
the purposes of determining the value of a person’s assets under
paragraph (2) –
(a) there shall be deducted –
(i) the amount secured by any existing charge, hypothec or
similar on the asset, and
(ii) where an asset is
owned in part by a third party, an amount that is equivalent to the proportion
owned by the third party; and
(b) if the person (“first person”) is in a
partnership, the assets of the partner shall be taken into account to the
extent that such assets are not jointly owned and included as part of the first
person’s assets.
3 Amount
of special payments
(1) Where
a person’s assets, as determined in accordance with Regulation 2(3),
do not include an owned principal residence, the person shall, subject to paragraph (2),
receive weekly special payments in the form of grants of whichever is the lower
of the following amounts –
(a) the
weekly costs shown in the table in Article 8 of the Long-Term Care Order
for the person’s appropriate level of standard of care as shown in
column 3, 4 or 5 of that table, as the case may be and, if applicable, where
a person receives long-term care in an approved home, the amounts shown in Article 9(c)
of that Order; or
(b) the actual weekly costs to the person in place of the
amounts referred to in sub-paragraph (a).
(2) From
the amount of a special payment to which a person is entitled under paragraph (1),
there shall be deducted the maximum amount possible from the person’s weekly
income as is sufficient to meet in whole or in part the person’s weekly
costs referred to in that paragraph.
(3) For
the purposes of paragraph (2) –
(a) if the person is in a partnership, the income of the partner
shall be included; and
(b) the amount of a person’s weekly income shall be
assessed after making such deductions as are described in Article 6(2) of
the Long-Term Care Order.
(4) Where
a person’s assets, as determined in accordance with Regulation 2(3),
include an owned principal residence, the amount of a special payment shall be
determined in accordance with paragraphs (1) and (2) and, to the extent
that there is sufficient value in the owned principal residence, take the form
of a loan which shall be repayable in the same way that a loan is repayable
under the Long-Term Care Order.
(5) For
the purpose of paragraph (4), there is sufficient value in the owned
principal residence where, at the time each special payment is loaned, the aggregate
value of the special payments loaned under these Regulations is equal to or
less than the value of the principal residence after deducting from that value –
(a) the amount secured by any other existing charge, hypothec or
similar on residence; and
(b) where the residence is owned in part by a third party, an
amount that is equivalent to the proportion owned by the third party.
4 Transitional
provision in respect of payments made under the Income Support (Transitional
Provisions) (Jersey) Order 2008
(1) In
this Regulation –
“Order” means the Income Support (Transitional
Provisions) (Jersey) Order 2008[5];
“payment” means a payment made
under –
(a) Article 9
of the Order, or
(b) Article 4
of the Order in circumstances where Article 6 does not apply by virtue of
Article 7.
(2) Any
payment shall be treated as having been made as a special payment in the form
of a loan under these Regulations if –
(a) it was made in such circumstances that the person receiving
the payment understood it was to be repaid;
(b) the person or the person’s partner has an owned
principal residence; and
(c) there is sufficient value in the owned principal residence.
(3) For
the purposes of paragraph (2)(c) there is sufficient value in the owned
principal residence where the value of the owned principal residence is, at the
time of a valuation done for the purposes of this Regulation, equal to or
greater than the aggregate amount of payments made after deducting from the
value of the residence –
(a) the amount secured by any existing charge, hypothec or
similar on residence; and
(b) where the residence is owned in part by a third party, an
amount that is equivalent to the proportion owned by the third party.
(4) A
payment treated as a loan under paragraph (2) shall be repayable in the
same way that a loan is repayable under the Long-Term Care Order except to the
extent that interest on the loan is not chargeable on payments made before 1st
July 2014.
(5) This
Regulation does not apply to any payment made to a person under the Order who
died before the date these Regulations come into force.
5 Citation
and commencement
These Regulations may be cited as the Income Support (Special
Payments) (Long-Term Care) (Jersey) Regulations 2014 and shall come into
force on the same day that Parts 3 and 4 of the Long-Term Care
(Jersey) Law 2012[6] come into force.
m.n. de la haye, o.b.e.
Greffier of the States