Income Support
(Amendment No. 13) (Jersey)
Regulations 2015
Made 23rd June 2015
Coming into force in
accordance with Regulation 9
THE STATES, in pursuance of Articles 3(3)(b), 5 and 18 of
the Income Support (Jersey) Law 2007[1], have made the following Regulations –
1 Interpretation
In these Regulations, a reference to a
Regulation or Schedule by number only is to the Regulation or Schedule of that
number in the Income Support (Jersey) Regulations 2007[2].
2 Regulation
5B amended
For Regulation 5B(4) there shall be
substituted the following paragraph –
“(4) A person who is in breach of
a warning for a third or subsequent time shall be treated as being in breach until
whichever is the earlier of –
(a) the person proving, to the satisfaction of a
determining officer, that he or she has satisfied the requirements of
Regulation 4 for a continuous period of 42 days commencing on or
after the day the person is given notice of the breach; and
(b) the expiry of the
warning.”.
3 Schedule
1 Part 2, paragraph 4 amended
In paragraph 4(2)(a) of Part 2 of
Schedule 1, for the amount “£80.64” there shall be
substituted the amount “£95.13”.
4 Schedule
1 Part 2, paragraph 7 amended
After paragraph 7(3) of Part 2 of Schedule 1, there
shall be added the following sub-paragraph –
“(4) Whether or not a statement
set out in Part 2 of Schedule 2 applies to a member of a household
shall be assessed in accordance with the directions set out in that
Part.”.
5 Schedule
1 Part 2, paragraph 10 amended
For paragraph 10(3) of Part 2 of Schedule 1 there
shall be substituted the following sub-paragraph –
“(3) The rates payable under this
sub-paragraph are –
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(a)
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for a child under the age of 3 years
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£6.48
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(b)
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for a child aged 3 years or over
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£5.06.”.
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6 Schedule
1 Part 2, paragraph 11 amended
For paragraph 11(1)(b) and (c) of
Part 2 of Schedule 1 there shall be substituted the following clauses –
(i) is not in receipt of a personal care element of the
impairment component at the rate mentioned in paragraph 6(3)(c), and
(ii) has
not been assessed, under Article 5 of the Long-Term Care (Jersey) Law 2012[3], as being in need of
long-term care; and
(c) at least one of the
persons cared for –
(i) meets
the criteria for the rate payable in respect of the personal care element of
the impairment component under paragraph 6(3)(c), or
(ii) has been assessed, under Article 5 of the Long-Term
Care (Jersey) Law 2012, as being in need of long-term care.”.
7 Schedule
2 Part 1 amended
(1) In
paragraph (1) of the Directions at the beginning of Part 1 of
Schedule 2, for the number “11” there shall be substituted the
number “12B”.
(2) After
paragraph (1) of the Directions at the beginning of Part 1 of
Schedule 2 there shall be inserted the following paragraphs –
“(1A) Where a member of a household is normally
fitted with or normally wears a prosthesis, he or she shall be assessed as if
he or she was fitted with or wearing that prosthesis.
(1B) Where a member of a household normally wears or normally
uses any aid or appliance, or could reasonably be expected to normally wear or normally
use any aid or appliance, he or she shall be assessed as if he or she was wearing
or using that aid or appliance.”.
(3) In
the heading to activity 4 in Part 1 of Schedule 2, the words
“(with a stick or other aid if normally used)” shall be deleted.
(4) In
the heading to activity 9 in Part 1 of Schedule 2, the words
“(with visual aids if normally worn)” shall be deleted.
(5) In
the heading to activity 10 in Part 1 of Schedule 2, the words
“(with a hearing aid if normally worn)” shall be deleted.
(6) In
Part 1 of Schedule 2, for activities 12A and 12B there shall be
substituted the following activities –
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“12A
Seizures causing loss of consciousness or altered consciousness: persons aged 12
and over
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a) in the past 6 months has had
6 or more seizures with loss of consciousness or altered consciousness
and either –
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15
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12
years
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None
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(i) was awake when the seizure commenced
but had no useful warning of the seizure, or
(ii) had dangerous post-ictal behaviour
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b) in the past 6 months has had
3 or more seizures with loss of consciousness or altered consciousness and
either –
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9
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12
years
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None
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(i) was awake when the seizure commenced
but had no useful warning of the seizure, or
(ii) had dangerous post-ictal behaviour
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|
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c) in the past 6 months has had 1 or
more seizures with loss of consciousness or altered consciousness and either –
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6
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12
years
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None
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(i) was awake when the seizure commenced
but had no useful warning of the seizure, or
(ii) had dangerous post-ictal behaviour
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|
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d) none of the above
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0
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12
years
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None
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12B Seizures
causing loss of consciousness or altered consciousness: persons aged
under 12
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a) at least once a week in the past
6 months has had a seizure with loss of consciousness or altered consciousness
and was awake at any time during the seizure
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15
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1
year
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12
years
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b) at least once a month in the past
6 months has had a seizure with loss of consciousness or altered
consciousness and was awake at any time during the seizure
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9
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1
year
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12
years
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c) at least once every 2 months in
the past 6 months has had a seizure with loss of consciousness or
altered consciousness and was awake at any time during the seizure
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6
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1
year
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12
years
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d) none of the above
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0
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1
year
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12
years”.
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8 Schedule
2 Part 2 amended
(1) At
the beginning of Part 2 of Schedule 2 there shall be inserted the
following words –
“Directions
(1) A statement in respect of any of the
activities numbered 1 to 3 shall be selected having regard only to
the member of the household’s physical and sensory abilities.
(2) Where a member of a household is normally
fitted with or normally wears a prosthesis, he or she shall be assessed as if
he or she was fitted with or wearing that prosthesis.
(3) Where a member of a household normally wears
or normally uses any aid or appliance, or could reasonably be expected to
normally wear or normally use any aid or appliance, he or she shall be assessed
as if he or she was wearing or using that aid or appliance.
(4) A statement in respect of any of the activities
numbered 4 to 6 shall be selected having regard only to the member of
the household’s mental and cognitive abilities.
(2) For
paragraphs 1 to 3 of Part 2 of Schedule 2, there shall be
substituted the following paragraphs –
(a) Cannot
walk at all.
(b) Cannot
walk more than a few steps on level ground and/or up and down one stair without
having to stop or feeling severe discomfort, even with the support of a
handrail.
(c) Cannot
walk more than 50 metres on level ground and/or walk up and down a flight
of 12 stairs without having to stop or feeling severe discomfort.
Note: Statement is not relevant in the
case of child under the age of 3 years.”.
(a) Cannot
see the shape of furniture in the room.
(b) Cannot
see well enough to read 16 point print at a distance of 20 cm.
(c) Cannot
see well enough to recognise a friend at a distance of 5 metres.
Note: Statement is not relevant in the
case of child under the age of 3 years.”.
3 Seizures
causing loss of consciousness or altered
consciousness
In the past 6 months has had one or more seizures with loss of consciousness or
altered consciousness and either –
(a) was awake when the
seizure commenced but had no useful warning of the seizure; or
(b) had dangerous
post-ictal behaviour.
Note: Statement is not relevant in the case of child under the age of
12 years.”.
(3) In
paragraph 5(b) of Part 2 of Schedule 2, for the word
“warned” there shall be substituted the word
“instructed”.
9 Citation
and commencement
(1) These
Regulations may be cited as the Income Support (Amendment No. 13) (Jersey)
Regulations 2015 and, subject to paragraph (2), shall come into force
7 days after they are made.
(2) Regulations
3 and 5 shall come into force on 3rd August 2015.
M.N. DE LA HAYE, O.B.E.
Greffier of the
States