Income Support
(Jersey) Regulations 2007
Made 10th October 2007
Coming into force in
accordance with Regulation 10
THE STATES, in pursuance of Articles 3, 5 and 18 of the Income Support (Jersey) Law
2007[1], have made the following
Regulations –
part 1
introductory
1 Interpretation
(1) In
these Regulations unless the context otherwise requires –
“bedsit” means a
flat in which the only room that is suitable for use as a bedroom is also used
as a living room;
“carer’s component” means the special component under Article 5(3)(d) of
the Law;
“child day care component”
means the special component under Article 5(3)(c) of the Law;
“day care” means the looking after a child –
(a) by
a day carer, or in day care accommodation, in circumstances regulated by the
Day Care of Children (Jersey) Law 2002[2]; and
(b) by
a nanny accredited by the Jersey Child Care Trust;
“developmental milestones”
means a set of functional skills or age-specific tasks that most children have
or can do at a given age used by healthcare professionals to monitor a
child’s progress in attaining certain motor, language, cognitive and
social skills;
“earnings” means the
amount of earnings that are not disregarded in assessing the calculated income
of the person’s household in accordance with the Income Support (General
Provisions) (Jersey) Order 200-;
“flat” means a
separate dwelling that forms part of a building and is divided horizontally
from some other part of the building and whether or not –
(a) it
is a single storey dwelling;
(b) facilities
used or intended to be used for cooking or sanitary purposes are shared with
other dwellings in that building; or
(c) it
forms part of a lodging house,
excluding any part of the dwelling that is used as a hostel or by a
person in another household as lodgings;
“foster child” means
a person under full age who is placed with a foster parent by the Minister of
Health and Social Services under Part 4 of the Children (Placement) (Jersey)
Regulations 2005[3];
“healthcare professional”
means a doctor, a dentist or a person on the list of registered persons made
under Article 11 of the Health Care (Registration) (Jersey) Law 1995[4];
“hostel” means a
facility (other than a private house) providing board and lodging and generally
staffed by persons providing support to vulnerable persons;
“house” means any
dwelling other than a flat, excluding any part of the dwelling that is used as
a hostel or by a person in another household as lodgings;
“housing component”
means the special component under Article 5(3)(a) of the Law;
“impairment component”
means the special component under Article 5(3)(b) of the Law;
“Law” means the
Income Support (Jersey) Law 2007[5];
“minimum wage” shall
be construed in accordance with Articles 16 and 17 of the Employment
(Jersey) Law 2003[6] and any enactment made under
those provisions;
“owner”, in relation
to a dwelling, includes –
(a) any
co-owner;
(b) the
owner of shares that confer entitlement to occupy the dwelling;
(c) the
occupier of the dwelling under a contract lease for which a premium has been
paid and any rent that is paid is substantially less than a market rent for the
dwelling;
(d) any
usufruitier; and
(e) any
person entitled to occupy and use the dwelling in the exercise of rights of
dower, franc veuvage, or seignioralty;
“rent” means any
periodical sum payable by a tenant or licensee for the occupation of a dwelling
or part of a dwelling excluding any sum paid in respect of lighting, heating,
board, the provision of furniture or other services and any occupier’s
rate payable;
“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);
“suitable work”, in
relation to a person who is available for and actively seeking work,
means –
(a) work
that is appropriate to the person’s skills, qualifications and abilities;
or
(b) work
that, though it does not make full use of the person’s skills, qualifications
and abilities, is work that the person might reasonably be expected to
undertake having regard to the length of time that he or she has been looking
for work.
(2) In
these Regulations a person is receiving residential care if the residential
care has been, or is expected to be, provided for at least 4 weeks.
part 2
work requirements
2 Full
time work
(1) A
person is engaged in full time work for the purposes of Article 2(1)(c) of
the Law if the person works for a minimum of 35 hours a week.
(2) However,
a person who normally works for a minimum of 35 hours a week is treated as
being engaged in full time work for any week or part of a week during which the
person –
(a) is
on leave of absence from work;
(b) is
taking part in a strike or is involved in an employment dispute; or
(c) has
any other reasonable excuse for being so absent.
(3) Where
a person does not work for the same hours each week, the person’s weekly
hours shall be determined by reference to his or her average weekly hours
calculated by reference to any period of time not exceeding 12 months.
(4) In
this Regulation “employment dispute”
and “strike” have the meanings
assigned by Article 1 of the Employment (Jersey) Law 2003.
3 Remunerative
work
(1) A
person is engaged in remunerative work for the purposes of Article 2(1)(c)
of the Law if –
(a) in
the case of an employee, the person is remunerated at a rate that is at least
equal to the minimum wage; or
(b) in
the case of a self-employed person, the person’s average weekly rate of
remuneration (net only of any expenses necessarily incurred) is at least equal
to the minimum wage, calculated on the basis of –
(i) the average hours
worked during a week, or
(ii) if the average
hours worked exceed 35 a week, a 35-hour week.
(2) For
the purposes of this Regulation a person’s remuneration shall be
calculated in accordance with Part 4 of the Employment (Jersey)
Law 2003 and any enactment made under that Part.
4 Availability
for work
A person is available for work if the person is willing and able to
take up as soon as reasonably practicable any remunerative work that is
suitable work.
5 Actively
seeking work
(1) A
person is actively seeking work if the person has, during the past
28 days –
(a) taken
all reasonable steps (including any appropriate training or work experience) to
obtain suitable work;
(b) not
unreasonably turned down any offer of suitable work; and
(c) attended
every interview with an officer of the Department of Social Security to which
he or she has been invited unless he or she had a reasonable excuse for not so
attending; and
(d) either
not received a written notice from the Minister in the form specified in
paragraph (2) or, if the person has received such a notice, has, during
the 28 days since receiving it, complied with sub-paragraphs (a), (b) and
(c).
(2) The
notice mentioned in paragraph (1)(d) shall warn the person that, in the
opinion of the Minister, the person has not, during the past 28 days, been
actively seeking work and unless he or she does so during the next 28 days
he or she will be treated as not actively seeking work and will be liable to
lose entitlement to income support.
part 3
components and rates of income support
6 Components
and rates of income support
The criteria for entitlement to each component of income support
mentioned in Article 5 of the Law and the rates of income support payable
in respect of each component are set out in Schedule 1.
part 4
miscellaneous provisions
7 Article
3 of Law amended
In Article 3(1) of the Law –
(a) at
the end of sub-paragraph (g) for the full stop there shall be substituted
a semicolon;
(b) after
sub-paragraph (g) there shall be added the following
sub-paragraph –
“(h) persons remanded in custody
or detained by virtue of a sentence of imprisonment, youth detention or similar
punishment (whether in Jersey or elsewhere).”.
8 Article 5 of Law amended
In Article 5(3)(c) of the Law after the word
“household” there shall be inserted the words “or employing a
nanny accredited by the Jersey Child Care Trust to look after that child”.
9 Amendments
consequential on the introduction of GST
Schedule 3 has
effect for the purpose of amending Schedule 1 in the event of the
commencement of Article 6 of the Goods and Services Tax (Jersey) Law 2007.
10 Citation and commencement
(1) These
Regulations may be cited as the Income Support (Jersey) Regulations 2007.
(2) These
Regulations, apart from Regulation 9 and Schedule 3, shall come into
force on the same day as Part 2 of the Income Support (Jersey) Law 2007.
(3) Regulation 9
and Schedule 3 shall come into force on the same day as Article 6 of
the Goods and Services Tax (Jersey) Law 2007[7].
a.h. harris
Deputy Greffier of the States
SCHEDULE 1
(Regulation 6)
part 1: basic components
1 Criteria
for basic components
(1) A
household is not entitled to a basic component under Article 5(2)(a)
to (c) of the Law in respect of any member of the household –
(a) during
any week in which the member is entitled to a grant under an Order made by the
Minister for Education, Sport and Culture under Article 51 of the
Education (Jersey) Law 1999[8] that is intended to cover
the whole of that week;
(b) during
any week when the member is, for the whole of that week, remanded in custody or
detained by virtue of a sentence of imprisonment, youth detention or similar
punishment (whether in Jersey or elsewhere);
(c) during
any continuous period of more than 4 weeks when the member is provided
with board and lodging at public expense unless the member is receiving
residential care; or
(d) for
the fifth or subsequent week that the member is outside Jersey –
(i) during the
12 month period beginning on the date of determination of the claim for
income support, and
(ii) during any
subsequent 12 month period immediately following that period.
(2) A
household is not entitled to a basic component under Article 5(2)(a)
or (c) of the Law in relation to any member of the household who is a
foster child.
(3) A
household is only entitled to a basic component under Article 5(2)(d) of
the Law if it is entitled to a housing component in respect of the occupation
of a dwelling other than a hostel.
(4) If
a housing component is apportioned between 2 or more households under
paragraph 4(6)(b), the basic component under Article 5(2)(d) shall be
similarly apportioned.
2 Rates
for basic components
The rates payable for the basic components under Article 5(2) of the
Law are –
(a)
|
under Article 5(2)(a) (adult rate)
|
£83.58
|
(b)
|
under Article 5(2)(b) (single parent rate)
|
£120.68
|
(c)
|
under Article 5(2)(c) (child rate)
|
£56.42
|
(d)
|
under Article 5(2)(d) (household rate)
|
£42.84.
|
part 2: special components
A: housing component
3 Criteria
for housing component
(1) A
household is entitled to a housing component if –
(a) a
member of the household is the owner of a dwelling or pays rent to occupy a
dwelling under the terms of a lease or licence;
(b) the
dwelling is the principal residence of the household;
(c) there
is a member of the household who is not receiving residential care; and
(d) paragraph
(2) is satisfied.
(2) This
paragraph is satisfied if –
(a) a
member of the household is aged 25 or over or has the main responsibility for
the physical care of a child who is a member of the household; or
(b) none
of the members of the household can reasonably be expected to live with his or
her parent or any other person occupying the position of a parent in relation
to the member of the household (either formally or informally), whether or not
the parent or other person lives in Jersey.
4 Rates
for the housing component
(1) If
the dwelling is occupied under the terms of a lease or a licence, the housing
component payable is –
(a) the
actual weekly rent payable;
(b) if
the dwelling is appropriate to the needs of the household, the rate payable
under sub-paragraph (2) in respect of that type of dwelling; or
(c) if
the dwelling is not appropriate to the needs of the household, the rate payable
under sub-paragraph (2) in respect of the type of dwelling (flat, house,
etc.) that is in fact occupied and that is appropriate to the needs of the
household,
whichever is the lower.
(2) The
rates payable under this sub-paragraph are –
(a)
|
in the case of a hostel
|
£70.00
|
(b)
|
in the case of lodgings or a bedsit
|
£100.45
|
(c)
|
in the case of a flat with 1 bedroom
|
143.50
|
(d)
|
in the case of a flat with 2 bedrooms
|
£180.46
|
(e)
|
in the case of a flat with 3 bedrooms
|
£205.03
|
(f)
|
in the case of a flat with 4 bedrooms
|
£217.35
|
(g)
|
in the case of a flat with 5 or more bedrooms
|
£225.54
|
(h)
|
in the case of a house with 1 bedroom
|
£163.03
|
(i)
|
in the case of a house with 2 bedrooms
|
£212.24
|
(j)
|
in the case of a house with 3 bedrooms
|
£236.81
|
(k)
|
in the case of a house with 4 bedrooms
|
£256.27
|
(l)
|
in the case of a house with 5 bedrooms
|
£278.81
|
(m)
|
in the case of a house with 6 or more bedrooms
|
£292.18
|
(3) If
the dwelling that the household occupies is owned by a member of the household,
the housing component payable is –
(a) if
the dwelling is appropriate to the needs of the household, the rate payable
under sub-paragraph (4) in respect of that type of dwelling; or
(b) if
the dwelling is not appropriate to the needs of the household, the rate payable
under sub-paragraph (4) in respect of the type of dwelling (flat, house
etc.) that is in fact occupied and that is appropriate to the needs of the
household.
(4) The
rates payable under this sub-paragraph are –
(a)
|
in the case of a bedsit or flat with 1 or 2 bedrooms
|
£5.18
|
(b)
|
in the case of a flat with 3 bedrooms
|
£7.35
|
(c)
|
in the case of a flat with 4 or more bedrooms
|
£10.43
|
(d)
|
in the case of a house with 1 bedroom
|
£5.18
|
(e)
|
in the case of a house with 2 bedrooms
|
£7.35
|
(f)
|
in the case of a house with 3 or more bedrooms
|
£10.43
|
(5) In
this paragraph a dwelling is appropriate to the needs of the
household –
(a) if it is no larger than
is reasonably necessary for that household;
(b) if, having regard to
all the circumstances, it would be unreasonable to expect the household to move
from that dwelling; or
(c) where –
(i) it has become larger
than reasonably necessary for the household because the household has become
smaller within the last 12 months, and
(ii) the household is
taking all reasonable steps to find alternative accommodation that is
appropriate to the needs of the household.
(6) However,
if the household shares a dwelling as part of the same family unit with any
other household also entitled to income support –
(a) a
dwelling is appropriate to the needs of the household if it is no larger than
is reasonably necessary for all households that so share the dwelling or if,
having regard to all the circumstances, it would be unreasonable to expect all
or any of them to move from that dwelling;
(b) only
one housing component is payable in respect of the dwelling; and
(c) the
component is divided equally between all the households entitled to it.
B: impairment component
5 Elements
of impairment component
(1) The
impairment component shall consist of the following 3 elements –
(a) the
personal care element;
(b) the
mobility element; and
(c) the
clinical cost element.
(2) A
household is not entitled to an impairment component unless –
(a) the
circumstances that would otherwise entitle the household to the component have
lasted, or are likely to last, for a total period of not less than 6 months; or
(b) the
member of the household who would entitle the household to the component is not
expected to live more than 6 months.
(3) A
household is not entitled to an impairment component in relation to any member
of the household in respect of whom the household has no entitlement to a basic
component under Article 5(2)(a) to (c) of the Law as a consequence of paragraph
1(1) (b), (c) or (d) unless the person’s absence from Jersey is due to
the person being a pupil at a school outside Jersey that caters for pupils with
special needs.
(4) A
household is not entitled to an impairment component in relation to any member
of the household in respect of whom the household has no entitlement to a basic
component under Article 5(2)(a) to (c) of the Law as a consequence of
paragraph 1(2).
6 Personal
care element
(1) A
household is entitled to the personal care element in respect of any member of
the household who qualifies in accordance with this paragraph.
(2) The
rate of personal care element payable to a member of a household is calculated
by –
(a) selecting
the one statement set out in column 1 of the table in Part 1 of
Schedule 2 in respect of each numbered activity described in that table
that most accurately applies to the member (excluding any statement that does
not apply to the member by virtue of column 3 or 4); and
(b) totalling
each score indicated in column 2 of the table in respect of each statement
selected under clause (a).
(3) The
rate of personal care element payable in respect of the total score calculated
under sub-paragraph (2) is as follows –
(a)
|
for a score of at least 15 but less than 36
|
£20.37
|
(b)
|
for a score of at least 36 but less than 56
|
£83.58
|
(c)
|
for a score of at least 56 but less than 75
|
£122.85
|
(d)
|
for a score of at least 75
|
£436.73
|
7 Mobility
element
(1) A
household is entitled to a mobility element in respect of any member of the
household who is at least 3 years of age if one or more of the statements
set out in Part 2 of Schedule 2 applies to that member (unless the
member is a child and the statement is expressed not to be relevant to a child
of his or her age).
(2) However,
a household is not entitled to a mobility element in respect of a member of the
household who is receiving residential care.
(3) The
rate of mobility element of the impairment component is –
(a) £20.37;
or
(b) £40.74
if the person’s average weekly earnings exceed the amount in this clause.
8 Clinical
cost element
(1) A
household is entitled to a clinical cost element in respect of any member of
the household if that member –
(a) has
been diagnosed by a medical practitioner as suffering from a chronic or
progressive illness; and
(b) the
prognosis, based on recognised clinical guidelines, is that the member will
need at least 5 consultations with an approved medical practitioner in a
year in order to alleviate the symptoms of the illness, to prevent further
complications or deterioration in the member’s health or to provide
palliative care.
(2) The
rate of clinical cost element of the impairment component is –
(a) £2.66;
or
(b) if,
based on the criteria set out in sub-paragraph (1)(b), the member will
need at least 9 consultations with an approved medical practitioner,
£5.32.
(3) However,
no clinical cost element is payable in respect of any member of a household who
is not entitled to a basic component under Article 5(2)(a) to (c) of the
Law as a consequence of paragraph 1(1).
(4) In
this paragraph –
“approved medical practitioner” means a doctor for the
time being approved under Article 26 of the Health Insurance (Jersey) Law 1967[9];
“medical practitioner” means a doctor or any person who
is a fully registered person as defined by section 55 of the Medical Act
1983 of the United Kingdom;
“recognised clinical guidelines” means evidence-based
systematically-developed statements originating from a professional medical or
scientific organisation that are designed to assist medical practitioners and
patients with decisions about appropriate health care for the patient’s
specific medical circumstances.
c: child day care component
9 Child
day care component criteria
A household is entitled to a child day care component in respect of
any child under 12 years of age who is a member of the household, other
than a foster child, if the adult member of the household who is treated under
Article 3 of the Law as having the main responsibility for the physical
care of the children of the household –
(a) has
average earnings, calculated over any period not exceeding 12 months, that
are greater than the cost of the day care provided to all the children for whom
he or she has the main responsibility for the physical care during that period;
or
(b) is
exempted from the requirement to be in full time remunerative work by virtue
of –
(i) Article
3(1)(d) of the Law; or
(ii) Article 3(1)(e)
of the Law.
10 Rate
for the child day care component
(1) The
rate payable in respect of the child day care component is –
(a) the
average weekly cost of the day care provided to the child; or
(b) the
rate set out in sub-paragraph (3) that is applicable to the child
multiplied by the average number of hours a week for which day care is needed,
having regard to the matters set out in sub-paragraph (2),
whichever is the lower.
(2) In
assessing the number of hours a week for which child care is needed regard
shall be had to –
(a) the
availability of any alternative options for temporary placement of the child
concerned (including the availability of other members of the household to care
for the child); and
(b) the
work commitments, level of impairment or education or training commitments of
the person in the household who has the main responsibility for the physical
care of the child.
(3) The
rates payable under this sub-paragraph are –
(a)
|
for a child under the age of 3 years
|
£5.38
|
(b)
|
for a child aged 3 years or over but under the age of
5 years
|
£4.21
|
(c)
|
for a child aged 5 years or over
|
£3.03.
|
D: carer’s component
11 Carer’s
component criteria
(1) A
household is entitled to a carer’s component in respect of all persons
cared for by each member of the household (a “carer”)
if –
(a) the
carer has the main responsibility for caring for a person who is ordinarily
resident in Jersey;
(b) the
carer is not in receipt of a personal care element of the impairment component
at a rate greater than or equal to the rate mentioned in paragraph 6(3)(c); and
(c) at
least one of the persons cared for meets the criteria for the rate payable in
respect of the personal care element of the impairment component under
paragraph 6(3)(c) or (d).
(2) However,
a household is not entitled to a carer’s component in respect of any
carer while the carer is not entitled to a basic component under
Article 5(2)(a) to (c) of the Law as a consequence of
paragraph 1(1)(b), (c) or (d), unless the disentitlement is because one or
more of the persons being cared for is receiving medical treatment outside
Jersey and the carer has accompanied that person or persons.
12 Rate
for the carer’s component
The rate payable in respect of the carer’s component is
£41.79.
SCHEDULE 2
(Schedule 1, paragraph 6(2))
part 1: statements in respect of personal care
element of impairment component
1
STATEMENT
|
2
SCORE
|
3
Age
below which statement does not apply
|
4
Age
at which statement ceases to apply
|
1
Sitting in an upright chair with a back but no arms
|
|
|
|
a) cannot sit without severe discomfort
|
15
|
3
years
|
None
|
b) cannot sit without severe discomfort
for more than 10 minutes
|
15
|
3
years
|
None
|
c) cannot sit without severe discomfort
for more than 30 minutes
|
6
|
3
years
|
None
|
d) cannot sit without severe discomfort
for more than 1 hour
|
3
|
3
years
|
None
|
e) none of the above
|
0
|
3
years
|
None
|
2
Standing without the support of another person
|
|
|
|
a) cannot stand without that support
|
15
|
3
years
|
None
|
b) cannot stand for more than 10 minutes
without that support
|
15
|
3
years
|
None
|
c) cannot stand for more than 30 minutes
without that support
|
6
|
3
years
|
None
|
d) none of the above
|
0
|
3
years
|
None
|
3
Rising from sitting in an upright chair with a back but no arms without
assistance
|
|
|
|
a) cannot rise from sitting to standing
without the support of another person
|
15
|
3
years
|
None
|
b) cannot rise without holding on to
something
|
6
|
3
years
|
None
|
c) neither of the above
|
0
|
3
years
|
None
|
4
Walking (with a stick or other aid if normally used)
|
|
|
|
a) cannot walk at all
|
15
|
3
years
|
None
|
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
|
15
|
3
years
|
None
|
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
|
9
|
3
years
|
None
|
d) cannot walk more than 200 metres on
level ground without having to stop or feeling severe discomfort
|
6
|
3
years
|
None
|
e) cannot walk more than 400 metres on
level ground without having to stop or feeling severe discomfort
|
3
|
3
years
|
None
|
f) none of the above
|
0
|
3
years
|
None
|
5
Bending or kneeling from a standing position
|
|
|
|
a) cannot bend to touch knees and
straighten up again
|
15
|
3
years
|
None
|
b) cannot either bend or kneel, or bend
and kneel or squat as if to pick up a piece of paper off the floor and
straighten up again
|
15
|
3
years
|
None
|
c) neither of the above
|
0
|
3
years
|
None
|
6
Reaching
|
|
|
|
a) cannot raise either arm as if to put
something in the breast pocket of a jacket
|
15
|
1
year
|
None
|
b) cannot raise either arm as if to put
on a hat
|
15
|
1
year
|
None
|
c) can only raise one arm as if to put
something in the breast pocket of a jacket
|
9
|
1
year
|
None
|
d) can only raise one arm as if to put on
a hat
|
6
|
1
year
|
None
|
e) none of the above
|
0
|
1
year
|
None
|
7
Pouring and picking up and transferring to a distance of 60 cm at table-top
level
|
|
|
|
a) cannot pick up and transfer a full
glass of water of 200 ml capacity with either arm
|
15
|
3
years
|
None
|
b) cannot pick up and pour from a full
saucepan or kettle of 1.5 litre capacity with either arm
|
15
|
8
years
|
None
|
c) cannot pick up and transfer a 2.5 kg
bag of potatoes with either arm
|
9
|
8
years
|
None
|
d) can only pick up and transfer a full
glass of water of 200 ml capacity with one arm
|
6
|
3
years
|
None
|
e) none of the above
|
0
|
3
years
|
None
|
8
Manual dexterity
|
|
|
|
a) cannot turn the pages of a book with
either hand
|
15
|
3
years
|
None
|
b) cannot turn a star-headed sink tap
with either hand
|
15
|
3
years
|
None
|
c) cannot pick up an object up to 2.5 cm
in diameter such as a coin with either hand
|
15
|
1
year
|
None
|
d) cannot use a spoon with either hand
|
15
|
3
years
|
None
|
e) cannot tie a bow in laces or string
|
9
|
8 years
|
None
|
f) can only turn a star-headed sink tap
with one hand
|
6
|
3
years
|
None
|
g) can only pick up an object 2.5 cm in
diameter such as a coin with one hand
|
6
|
1
year
|
None
|
h) none of the above
|
0
|
1
year
|
None
|
9
Vision, including visual acuity and visual fields, in normal daylight or
bright electric light (with visual aids if normally worn)
|
|
|
|
a) cannot see the shape of furniture in
the room
|
15
|
3
years
|
None
|
b) cannot see well enough to read 16
point print at a distance of 20 cm
|
15
|
3
years
|
None
|
c) cannot see well enough to recognise a
friend at a distance of 5 metres
|
9
|
1
year
|
None
|
d) cannot see well enough to recognise a
friend at a distance of 15 metres
|
6
|
1
year
|
None
|
e) none of the above
|
0
|
1
year
|
None
|
10
Hearing (with a hearing aid if normally worn)
|
|
|
|
a) cannot hear well enough to follow by
hearing alone a television or radio programme even with the volume turned up
|
15
|
1
year
|
None
|
b) cannot hear well enough to understand
by hearing alone a person talking in a loud voice in a quiet room
|
15
|
1 year
|
None
|
c) cannot hear well enough to understand
by hearing alone a person talking at a normal level of voice in a quiet room
|
9
|
1
year
|
None
|
d) none of the above
|
0
|
1
year
|
None
|
11
Speech
|
|
|
|
a) cannot speak or use language
effectively to communicate even with close family or friends
|
15
|
3
years
|
None
|
b) speech cannot be understood by
strangers
|
9
|
3
years
|
None
|
c) speech difficult for strangers to
understand
|
6
|
3
years
|
None
|
d) none of the above
|
0
|
3
years
|
None
|
12A
Epileptic seizures causing loss of consciousness: persons aged 12 and over
|
|
|
|
a) in the past 6 months has had 6 or more
epileptic seizures with loss of consciousness and has no useful warning of
seizure and/or dangerous post-ictal behaviour
|
15
|
12
years
|
None
|
b) in the past 6 months has had 3 or more
epileptic seizures with loss of consciousness and has no useful warning of
seizure and/or dangerous post-ictal behaviour
|
9
|
12
years
|
None
|
c) in the past 6 months has had 1 or more
epileptic seizures with loss of consciousness and has no useful warning of
seizure and/or dangerous post-ictal behaviour
|
6
|
12
years
|
None
|
d) none of the above
|
0
|
12
years
|
None
|
12B
Epileptic seizures causing loss of consciousness: persons aged under 12
|
|
|
|
a) in the past 6 months has had an
epileptic seizure with loss of consciousness at least once a week
|
15
|
1
year
|
12
years
|
b) in the past 6 months has had an
epileptic seizure with loss of consciousness at least once a month
|
9
|
1
year
|
12
years
|
c) in the past 6 months has had an
epileptic seizure with loss of consciousness at least once every 2 months
|
6
|
1
year
|
12
years
|
d) none of the above
|
0
|
1
year
|
12
years
|
13
Management of personal finance
|
|
|
|
a) does not understand the value of money
|
20
|
8
years
|
None
|
b) unable to budget for daily and/or
weekly needs
|
15
|
8 years
|
None
|
c) unable to budget for irregular bills
|
5
|
12
years
|
None
|
d) none of the above
|
0
|
8
years
|
None
|
14
Maintaining appearance and hygiene
|
|
|
|
a) unable to maintain normal standards of
appearance and hygiene without daily prompting/supervision from another
person
|
20
|
5
years
|
None
|
b) unable to maintain normal standards of
appearance and hygiene without weekly prompting/supervision from another
person
|
10
|
5
years
|
None
|
c) neither of the above
|
0
|
5
years
|
None
|
15
Management of daily routine
|
|
|
|
a) does not rise from bed without
prompting and 24 hour cycle constantly out of phase
|
20
|
5
years
|
None
|
b) needs daily prompting to ensure rising
from and retiring to bed
|
15
|
8
years
|
None
|
c) needs daily prompting to ensure rising
from or retiring to bed
|
10
|
8
years
|
None
|
d) needs intermittent prompting to ensure
rising from or retiring to bed
|
5
|
8
years
|
None
|
e) none of the above
|
0
|
5
years
|
None
|
16
Awareness of danger and consequences of behaviour
|
|
|
|
a) is totally unaware of common dangers
or the potentially harmful consequences of his or her behaviour
|
20
|
3
years
|
None
|
b) needs to be instructed on at least a
daily basis about common dangers or the potentially harmful consequences of
his or her behaviour
|
15
|
5
years
|
None
|
c) is generally aware of common dangers
and does not need instructing about the potentially harmful consequences of
his or her behaviour, but only when he or she is in a familiar structured
environment
|
10
|
8
years
|
None
|
d) none of the above
|
0
|
3
years
|
None
|
17
Getting around outdoors
|
|
|
|
a) unable to cope with leaving the house
even if accompanied by another person
|
20
|
5
years
|
None
|
b) unable to cope with leaving the house
unless accompanied by another person
|
15
|
5
years
|
None
|
c) unable to cope with finding his or her
way around even in familiar places
|
15
|
8 years
|
None
|
d) unable to cope with finding his or her
way around only in unfamiliar places
|
10
|
12
years
|
None
|
e) none of the above
|
0
|
5
years
|
None
|
18
Coping with change
|
|
|
|
a) pre-planned changes in routine result
in disruptive or potentially harmful behaviour
|
10
|
3
years
|
None
|
b) unplanned changes in routine result in
disruptive or potentially harmful behaviour
|
5
|
3
years
|
None
|
c) neither of the above
|
0
|
3
years
|
None
|
19
Need for the help of another person as stipulated by a health care
professional to ensure that developmental milestones are achieved as fully as
possible
|
|
|
|
a) requires help throughout his or her
waking hours
|
15
|
None
|
12
years
|
b) requires help on a daily basis
|
9
|
None
|
12
years
|
c) none of the above
|
0
|
None
|
12
years
|
20
Need for help from another person as stipulated by a health care professional
due to a medical condition
|
|
|
|
a) requires help with a medical
therapeutic procedure, monitoring of the condition or the administering of
medication at least 3 times a day
|
15
|
None
|
12
years
|
b) requires help with a medical
therapeutic procedure at least once a day
|
9
|
None
|
12
years
|
c) requires help with a medical
therapeutic procedure at least twice a week
|
6
|
None
|
12
years
|
d) requires help with monitoring the
condition or the administering of medication at least twice a day
|
6
|
None
|
12
years
|
e) none of the above
|
0
|
None
|
12
years
|
Note: in this Part and in Part 2 a
reference to “can” or “cannot” is a reference to what a
person is physically able or unable to do.
part 2: statements in respect of mobility element
of impairment component
(Schedule 1, paragraph 7(1))
1 Walking
(with stick or other aid if normally used)
Cannot walk on level ground more than 50 metres and/or walk up
and down a flight of 12 stairs, without having to stop or feeling severe
discomfort.
2 Vision,
including visual acuity and visual fields, in normal daylight or bright
electric light (with visual aids if normally worn)
(a) Cannot
see the shape of furniture in the room which the person is in.
(b) Cannot
read 16 point print at a distance of 20 cm.
(c) Cannot
recognise a friend across a room at a distance of 5 metres.
3 Epileptic
seizures causing loss of consciousness
In the past 6 months has had 1 or more epileptic seizures with
loss of consciousness and has no useful warning of seizure and/or dangerous
post-ictal behaviour.
Note: Statement is not
relevant in the case of a child under the age of 12 years.
4 Management
of personal finance
Does not understand the value of money.
Note: Statement is not
relevant in the case of a child under the age of 8 years.
5 Awareness
of danger and consequences of behaviour
(a) Is
totally unaware of common dangers or the potentially harmful consequences of
his or her behaviour.
(b) Needs
to be warned on at least a daily basis about common dangers or the potentially
harmful consequences of his or her behaviour.
Note: Statement
(b) is not relevant in the case of a child under the age of 5 years.
6 Getting
around outdoors
(a) Unable
to cope with leaving the house unless accompanied by another person.
(b) Unable
to find his or her way around even in familiar places.
Note: The
statements are not relevant in the case of a child under the age of 8 years.
SCHEDULE 3
(Regulation 8)
amendments consequential on introduction
of GST
Schedule 1 shall be amended as follows –
(a) for
paragraph 2 there shall be substituted the following
paragraph –
“2 Rates
for basic components
The rates payable for the
basic components under Article 5(2) of the Law are –
(a)
|
under Article 5(2)(a) (adult rate)
|
£86.10
|
(b)
|
under Article 5(2)(b) (single parent rate)
|
£124.32
|
(c)
|
under Article 5(2)(c) (child rate)
|
£58.10
|
(d)
|
under Article 5(2)(d) (household rate)
|
£44.10”;
|
(b) for
paragraph 6(3) there shall be substituted the following
sub-paragraph –
“(3) The rate of personal care
element payable in respect of the total score calculated under
sub-paragraph (2) is as follows –
(a)
|
for a score of at least 15 but less than 36
|
£21.00
|
(b)
|
for a score of at least 36 but less than 56
|
£86.10
|
(c)
|
for a score of at least 56 but less than 75
|
£126.56
|
(d)
|
for a score of at least 75
|
£436.73.”;
|
(c) for
paragraph 7(3) there shall be substituted the following
sub-paragraph –
(b) £42.00 if the person’s average
weekly earnings exceed the amount in this clause.”;
(d) for
paragraph 12 there shall be substituted the following paragraph –
“12 Rate
for the carer’s component
The rate payable in respect
of the carer’s component is £43.05.”.