Long-Term Care
(Benefits) (Amendment) (Jersey) Order 2014
Made 26th June 2014
Coming into force 1st
July 2014
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 “principal Order”
means the Long-Term Care (Benefits) (Jersey) Order 2014[2].
2 Article 1
amended
In Article 1 of the principal Order in the definition
“care home” after the word “approved” there shall be
inserted the word “care”.
3 Article 2
amended
In Article 2(4)(b)(ii)(B) of the
principal Order after the words “his or her principal residence” there
shall be inserted the words “, or has retained a legal right to enjoyment
of the property such as receipt of rental income,”.
4 Article 6
amended
In Article 6(2) of the principal Order –
(a) in sub-paragraph (f) for the amount
“£249.71” there shall be substituted the amount
“£254.94”;
(b) in sub-paragraph (g) for the amount
“£374.57” there shall be substituted the amount
“£382.41”;
(c) in sub-paragraph (h) for the amount
“£124.86” there shall be substituted the amount “£127.47”;
(d) after sub-paragraph (k) there shall be added the following
sub-paragraph –
“(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[3] in circumstances where
Article 6 does not apply by virtue of Article 7 of that
Order.”.
5 Article 8
amended
In Article 8 of the principal Order for columns 3
and 4 of the table there shall be substituted the following columns –
|
“3
|
4
|
|
weekly cost for standard care in a care home
|
weekly cost for standard care in a group home
|
|
£353.15
|
£601.86
|
|
£539.07
|
£601.86
|
|
£779.24
|
£601.86
|
|
£979.86
|
£601.86”
|
6 Article 9
amended
In Article 9 of the principal Order –
(a) in the opening words after the words “person shall
receive a long-term care benefit in the form of a” there shall be
inserted the word “weekly”;
(b) for the amount “£300” there shall be substituted
the amount “£312.76”;
(c) for the amount “£32.66” there shall be substituted
the amount “£34.09”.
7 Article 10
amended
In Article 10 of the principal Order –
(a) in paragraphs (1) and (2)(a) for the amount
“£50,000” there shall be substituted the amount
“£52,120”;
(b) in paragraph (2)(b) for the amount
“£75,000” there shall be substituted the amount
“£78,180”.
8 Article 12
amended
In Article 12 of the principal Order –
(a) in paragraph (2)(b) for the amount
“£300” there shall be substituted the amount
“£312.76”;
(b) in paragraph (5)(c) for the amount
“£300” there shall be substituted the amount
“£312.76”.
9 Article 12A
inserted
After Article 12 there shall be inserted the following Article –
“12A Circumstances
where benefits are reduced
‘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.”.
10 Citation
and commencement
This Order may be cited as
the Long-Term Care (Benefits) (Amendment) (Jersey) Order 2014 and shall
come into force on the same date that Parts 3 and 4 of the Long-Term
Care (Jersey) Law 2012[4] come into force.
senator f. du h. le gresley
Minister for Social Security