Income Support
(Jersey) Regulations 2007
part 1
introductory
1 Interpretation[1]
In these Regulations
unless the context otherwise requires –
“approved care home”
has the same meaning as in the Long-Term Care
(Jersey) Law 2012;
“bedsit” means
a flat in which the only room that is suitable for use as a bedroom is also
used as a living room;
“breach
period” means the period for which a person is treated as being in breach
following a breach, in accordance with Regulation 5B;
“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; 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 any sum payable to a person (whether under a contract of service, a
contract for services or 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;
“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 for Health and Social Services under Part 4 of the Children
(Placement) (Jersey) Regulations 2005;
“full time”,
in relation to work, shall be construed in accordance with Regulation 2;
“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;
“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;
“long-term
care” means an appropriate level of standard care within the meaning of
the Long-Term
Care (Benefits) (Jersey) Order 2014;
“minimum wage”
shall be construed in accordance with Articles 16 and 17 of the Employment
(Jersey) Law 2003 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;
“person required to
seek full time work” means an adult member of a household
who –
(a) is
not engaged in full time remunerative work; and
(b) is
not exempt from the requirement in Article 2(1)(c) of the Law to be in
such work by virtue of any sub-paragraphs (a) to (f) and (h) of
Article 3(1) of the Law;
“person required to
seek part time work” means an adult member of a household
who –
(a) is
not exempt from the requirement in Article 2(1)(c) of the Law to be in
full time remunerative work by virtue of any of sub-paragraphs (a), (b)
and (h) of Article 3(1) of the Law;
(b) is a
person to whom any of sub-paragraphs (c) to (f) of Article 3(1) of
the Law applies and in whose case a number of hours has been determined in
accordance with Article 3(2)(b) of the Law; and
(c) is
not engaged in remunerative work for the number of hours so determined;
“person required to
seek work” means a person required to seek full time work or part time
work;
“private sector
housing” means housing that is not social housing;
“remunerative”,
in relation to work, shall be construed in accordance with Regulation 3;
“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;
“social housing”
means housing that is provided by any of the following –
(a) the
States, such housing being under the control of the Minister for Housing;
(b) a
company prescribed under Article 2 of the Social Housing
(Transfer) (Jersey) Law 2013;
(c) Jersey
Homes Trust;
(d) Les
Vaux Housing Trust;
(e) Christians
Together in Jersey Housing Trust;
(f) FB
Cottages Housing Trust;
(g) Clos
de Paradis Housing Trust;
“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.
“warning”
means a warning that is in force under Regulation 5A.
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 and these Regulations if the person works for a minimum of
35 hours a week.[2]
(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 and these Regulations 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.[3]
(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 Person
treated as available for and actively seeking work[4]
(1) For the purposes of
Article 3 of the Law, a person is to be treated as available for, and
actively seeking, remunerative work if he or she –
(a) is –
(i) in Jersey, or
(ii) temporarily
absent from Jersey and has a reasonable excuse for the absence;
(b) is
willing and able to take up, as soon as reasonably practicable, any
remunerative work that is suitable work;
(c) is
taking all reasonable steps to obtain remunerative work that is suitable work;
(d) does
not unreasonably turn down any offer of remunerative work that is suitable
work; and
(e) attends
every interview arranged by the Minister, unless the
person has a reasonable excuse for not attending.
(2) For the purposes of
paragraph (1)(c), the steps include –
(a) attending
any training that may assist the person in obtaining remunerative work that is
suitable work, unless the person has a reasonable excuse for not so doing and,
when attending the training, participating in it to the best of the
person’s ability; and
(b) attending
any work experience placement that may assist the person in obtaining
remunerative work that is suitable work, unless the person has a reasonable
excuse for not so doing and, when attending the work experience placement,
undertaking it to the best of the person’s ability.
(3) For the purposes of
Article 3(1)(g) of the Law, the remunerative work referred to in paragraph (1)
must be full time.
(4) For the purposes of
Article 3(2)(b) of the Law, the remunerative work referred to in paragraph (1)
must be for such number of hours as a determining officer considers appropriate
in the person’s particular circumstances.
5 Consequence
of ceasing remunerative work without good cause[5]
(1) This Regulation applies
to a person who ceases remunerative work without good cause.
(2) During the sanction
period, the household of which he or she is a member is not entitled to a basic
component under Article 5(2)(a) or (b) of the Law in respect of the
person.
(3) Subject to
Regulation 5C, the sanction period is 91 days.
(4) The sanction period
commences –
(a) in a
case where the household was, at the time the person ceased work without good
cause, in receipt of income support – on the day the person ceased
work;
(b) subject
to paragraph (5), in any other case – on the first day that
income support is paid to the household after the person ceased work without
good cause or would have been paid had a basic component been payable to the
household in respect of the person.
(5) In a case
where –
(a) the
household was not, at the time the person ceased work without good cause, in
receipt of income support; and
(b) the
person proves, to the satisfaction of the officer determining his or her claim
for income support, that he or she has, before the day described in paragraph (4)(b),
complied with the requirements of Regulation 4,
the sanction period commences with the day the person commenced such
compliance.
(6) For the purposes of
paragraph (4)(a), the day a person ceases work is the day following the
last day on which that person is in that work.
5A Warning[6]
(1) A person required to
seek work may be warned if –
(a) he or
she does not comply with the requirements of Regulation 4; and
(b) there
is not a warning currently in force in respect of him or her.
(2) Subject to paragraph (3)
and Regulation 5C, a warning remains in force for the period of
365 days beginning with the day the person is given notice of it.
(3) If, whilst a warning is
in force in respect of a person, he or she commits a first, second, third or
subsequent breach of the warning, the warning shall remain in force until the
expiry of the period of 365 days following the date he or she was given
notice of the breach or, if he or she has committed more than one breach, the
date he or she was given notice of the most recent breach.
5B Breach
of warning[7]
(1) A person in relation to
whom a warning is in force is in breach of the warning if he or
she –
(a) is a
person required to seek work; and
(b) does
not comply with the requirements of Regulation 4.
(2) A person who is in
breach of a warning for a first time shall be treated as being in breach for
14 days.
(3) A person who is in
breach of a warning for a second time shall be treated as being in breach for
28 days.
(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.[8]
(5) A period of time in
paragraph (2), (3) or (4) –
(a) begins
with the day the person is given notice of the breach; and
(b) is
subject to Regulation 5C.
(6) A person cannot be
given notice of a breach less than 7 days after he or she has been given
notice of a warning or of a previous breach whilst the warning is in force.
(7) Paragraph (6) does
not prevent any act or omission of the person during the 7 days referred
to in that paragraph being taken into account in determining whether the person
has complied with the requirements of Regulation 4.
5C Extension
or termination of periods under Regulations 5, 5A and 5B[9]
(1) A sanction period
applicable in a person’s case under Regulation 5 shall be extended
by 7 days if the person is warned.
(2) A sanction period
applicable in a person’s case under Regulation 5 shall be extended
by the number of days for which the person is in breach of a warning, as
described in Regulation 5B.
(3) Any period applicable
in a person’s case under Regulation 5, 5A or 5B shall be
extended, subject to paragraph (4)(b), by the number of days for which the
person is remanded in custody or detained as described in Article 3(1)(h)
of the Law.
(4) Any period applicable
in a person’s case under Regulation 5, 5A or 5B shall be
terminated upon –
(a) the
person being exempt from the requirement to be in full time remunerative work
by virtue of Article 3(1)(a) of the Law; or
(b) the
person having been remanded in custody or detained as described in Article 3(1)(h)
of the Law for a continuous period of 365 days.
5D Consequence
of first or second breach[10]
(1) This Regulation applies
where a person is in breach of a warning for a first or second time.
(2) During the breach
period, the household of which the person in breach is a member is not entitled
to a basic component under Article 5(2)(a) or (b) of the Law in
respect of the person in breach.
5E Consequence of third or subsequent breach[11]
(1) This Regulation applies
where a person is in breach of a warning for a third or subsequent time.
(2) During the breach
period, the person in breach shall not be eligible for any payment under
Article 8(1) of the Law.
(3) Any claim for income
support by the original household of the person in breach shall be taken to be
withdrawn upon the commencement of the breach period.
(4) During the breach
period, whilst the person in breach is a member of his or her original
household –
(a) no income
support shall be paid to the household;
(b) no
member of the household shall be eligible for any payment under Article 8(1)
of the Law; and
(c) the
household cannot make a fresh claim for income support.
(5) The fact that, under
paragraph (4), no income support is paid to the original household does
not affect –
(a) whether
any member of the household is a person required to seek work and the
consequences of the person not complying with the requirements of
Regulation 4; or
(b) any
determination that a member of the household has ceased remunerative work
without good cause and the consequences of such a determination under
Regulation 5.
(6) If, during the breach
period, the original household makes a fresh claim for income support after the
person in breach has ceased to be a member of it, but the person in breach
subsequently rejoins the household, the fresh claim for income support shall be
taken to be withdrawn upon the person in breach becoming a member of the
original household again.
(7) Whilst the person in
breach is a member of another household, that other household is not entitled
to a basic component under Article 5(2)(a) or (b) of the Law in
respect of the person in breach.
(8) In this Regulation, “original
household” means the household of which the person in breach was a member
at the time he or she received notice of the breach.
(9) For the purposes of
this Regulation the person in breach is a member of another household if, after
he or she receives notice of the breach, another person who was not a member of
the original household becomes a member of the same household as the person in
breach, by virtue of Article 5(1) of the Income Support (General
Provisions) (Jersey) Order 2008, in the circumstances
described in sub-paragraph (a) or (aa) of that provision.
5F Consequences
and periods of successive breaches may run concurrently[12]
A breach of a warning by a person for a second or subsequent time
does not affect the operation of Regulations 5B to 5E in relation to the
previous breach or breaches of the warning by the person.
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 Citation
These Regulations may be
cited as the Income Support (Jersey) Regulations 2007.
Schedule 1[13][14]
(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 (ca)
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 and Lifelong Learning under Article 51 of the Education
(Jersey) Law 1999 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;
(ca) during any period
when the member is receiving long-term care in an approved care home; 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), (c)
or (ca) 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(10)(c)
or (11)(c), the basic component under Article 5(2)(d) shall be similarly
apportioned.
(4A) If
a housing component is calculated under paragraph 4(12)(a) in respect of a
household, the basic component under Article 5(2)(d) shall be multiplied
by H/B where H and B have the same values used to calculate the housing
component under paragraph 4(12)(a) in respect of that household.
(5) A
household is not entitled to a basic component under Article 5(2)(a) or
(b) of the Law in respect of any member of the household who has not been
ordinarily resident in Jersey for the period prescribed under Article 2(1)(b)
of the Law.
2 Rates
for basic components[15]
(1) The
rates payable for the basic components under Article 5(2) of the Law are
as follows –
|
(a)
|
under Article 5(2)(a) of
the Law (adult component rate)
|
£120.89
|
|
(b)
|
under Article 5(2)(b) of
the Law (single parent component rate)
|
£47.25
|
|
(c)
|
under Article 5(2)(c) of
the Law (first child component rate)
|
£99.61
|
|
(d)
|
under Article 5(2)(ca) of
the Law (subsequent child component rate)
|
£83.93
|
|
(e)
|
under Article 5(2)(d) of
the Law (household component rate)
|
£67.41
|
(2)
(3)
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 long-term care in an approved
care home; 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.
(3) A
household is not entitled to a housing component during any week for
which –
(a) the
household is not entitled to a basic component under Article 5(2)(a) or
(b) of the Law in respect of any of the adult members of the household; and
(b) each
of those adult members is –
(i) a person in whose
case paragraph 1(1)(b) applies for a fifth or subsequent week of a
continuous period,
(ii) a
person in whose case paragraph 1(1)(c) or (d) applies, or
(iii) a
person in whose case paragraph 1(1)(ca) applies –
(A) for a fifth
or subsequent week of a continuous period, in a case where there is no
reasonable expectation that the person will resume living in the principal
residence of the household, or
(B) for a
thirteenth or subsequent week of a continuous period in any other case.
4 Rates of housing component[16]
(1) If
the dwelling occupied is private sector housing occupied under the terms of a
lease or licence by an eligible household, the housing component payable is whichever
is the lowest of the following –
(a) the
actual weekly rent payable;
(b) if
the dwelling is appropriate to the needs of the eligible household, the rate
payable under sub-paragraph (2) in respect of a dwelling of that
description; or
(c) if
the dwelling is not appropriate to the needs of the eligible household, the
rate payable under sub-paragraph (2) in respect of a dwelling of a
description that is appropriate to the needs of the eligible household.
(2) The
rates payable under this sub-paragraph are –
|
(a)
|
in the case of a hostel
|
£152.60
|
|
(b)
|
in the case of lodgings or a
bedsit
|
£184.73
|
|
(c)
|
in the case of a flat with 1
bedroom
|
£272.37
|
|
(d)
|
in the case of a flat with 2
bedrooms
|
£348.74
|
|
(e)
|
in the case of a flat with 3 or
more bedrooms
|
£374.15
|
|
(f)
|
in the case of a house with 1
bedroom
|
£312.20
|
|
(g)
|
in the case of a house with 2
bedrooms
|
£396.27
|
|
(h)
|
in the case of a house with 3
bedrooms
|
£462.77
|
|
(i)
|
in the case of a house with 4
bedrooms
|
£504.42
|
|
(j)
|
in the case of a house with 5 or
more bedrooms
|
£558.25
|
(3) If
the dwelling occupied is social housing occupied under a lease or licence by an
eligible household and –
(a) the
dwelling is appropriate to the needs of the eligible household; and
(b) the
actual weekly rent payable is no more than is reasonable having regard
to –
(i) the fact that the
dwelling is social housing, and
(ii) the
value of the property on the open rental market,
the housing component
payable is the actual weekly rent payable.
(4) If –
(a) the
dwelling occupied is social housing;
(b) the
dwelling is occupied under a lease or licence by an eligible household;
(c) the
dwelling is appropriate to the needs of the eligible household; and
(d) the
actual weekly rent is more than is reasonable having regard to –
(i) the fact that the
dwelling is social housing, and
(ii) the
value of the property on the open rental market,
the rate is the rate
payable under sub-paragraph (13) in respect of a dwelling of that
description.
(5) If
the dwelling occupied is social housing and is not appropriate to the needs of
the eligible household, the rate payable is whichever amount is the lower of
the following –
(a) the
rate payable under sub-paragraph (13) in respect of a dwelling of a
description that is appropriate to the needs of the eligible household; or
(b) the
actual weekly rent payable.
(6) If
a dwelling that an eligible 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 eligible household, the rate
payable under sub-paragraph (7) in respect of a dwelling of that
description; or
(b) if
the dwelling is not appropriate to the needs of the eligible household, the
rate payable under sub-paragraph (7) in respect of a dwelling of a
description that is appropriate to the needs of the eligible household.
(7) The
rates payable under this sub-paragraph are –
|
(a)
|
in the case of a bedsit or flat
with 1 or 2 bedrooms
|
£8.54
|
|
(b)
|
in the case of a flat with 3
bedrooms
|
£12.04
|
|
(c)
|
in the case of a flat with 4 or more
bedrooms
|
£17.01
|
|
(d)
|
in the case of a house with 1
bedroom
|
£8.54
|
|
(e)
|
in the case of a house with 2
bedrooms
|
£12.04
|
|
(f)
|
in the case of a house with 3 or
more bedrooms
|
£17.01
|
(8) In
this paragraph a dwelling (or part of a dwelling for the purposes of
sub-paragraph (12)), is appropriate to the needs of an eligible
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 is 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.
(9) If
an eligible household (“first household”) shares a dwelling with
one or more other households which include either or both of the
following –
(a) another
household (whether or not an eligible household) which is part of the same
family unit as the first household; or
(b) another
household (whether or not an eligible household) which is not part of the same
family unit as the first household,
the amount of housing
component is determined in accordance with sub-paragraph (10), (11) or
(12), as the case requires.
(10) If
a dwelling is shared by 2 or more households, each household being an eligible
household and all the households sharing the dwelling being part of the same
family unit, the housing component is determined under sub-paragraph (1),
(3), (4), (5) or (6), as the case requires, subject to the
following –
(a) a
dwelling is appropriate to the needs of the household if it is no larger than
is reasonably necessary for all the households sharing 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.
(11) If
a dwelling is shared by 2 or more households at least one of which is not an
eligible household but where all of the households sharing the dwelling are
part of the same family unit, the housing component is determined under
sub-paragraph (1), (3) (4), (5) or (6) as the case requires, subject
to the following –
(a) a
dwelling is appropriate to the needs of the household if it is no larger than
is reasonably necessary for all the eligible households sharing the dwelling
(or the eligible household, if there is only one), or if, having regard to all
the circumstances, it would be unreasonable to expect all or any of the
eligible households (or the eligible household, if there is only one) to move
from that dwelling;
(b) only
one housing component is payable in respect of the dwelling; and
(c) where
there is more than one eligible household, the component is divided equally
between all the eligible households entitled to it.
(12) If
a dwelling is shared by 2 or more households, such households not being part of
the same family unit, the housing component that is payable to each eligible
household is determined in accordance with clause (a) or (b), as the case
requires –
(a) in
the case of an eligible household that occupies a dwelling under a lease or
licence the housing component is whichever amount described in sub-clause (i)
or (ii) is the lower –
(i) the actual weekly
rent payable by the household, or
(ii) the
amount calculated as follows –
H/B x C
Where –
H is the number of bedrooms
comprised in the part of the dwelling that is occupied by the eligible
household if such part is appropriate to the needs of the household, or, if not
appropriate, the number of bedrooms comprised in a part of dwelling that is
appropriate to such needs;
B is the total number of
bedrooms that are comprised in the dwelling;
C is –
(i) in the case of
private sector housing, the rate payable under sub-paragraph (2), or
(ii) in the case of
social housing, the rate payable under sub-paragraph (13),
for a dwelling of a
description that refers to the total number of bedrooms that are comprised in
the dwelling;
(b) in
the case of an eligible household that owns a dwelling –
(i) if the dwelling
is appropriate to the needs of the eligible household, the housing component is
the rate payable under sub-paragraph (7) in respect of a dwelling of that
description, or
(ii) if
the dwelling is not appropriate to the needs of the eligible household, the
housing component is the rate payable under sub-paragraph (7) in respect
of a dwelling of a description that is appropriate to the needs of the eligible
household.
(13) The
rates payable under this sub-paragraph are –
|
(a)
|
in the case of a hostel
|
£152.60
|
|
(b)
|
in the case of lodgings or a
bedsit
|
£175.14
|
|
(c)
|
in the case of a flat with 1
bedroom
|
£258.09
|
|
(d)
|
in the case of a flat with 2
bedrooms
|
£330.33
|
|
(e)
|
in the case of a flat with 3 or
more bedrooms
|
£354.34
|
|
(f)
|
in the case of a house with 1
bedroom
|
£295.68
|
|
(g)
|
in the case of a house with 2 bedrooms
|
£375.55
|
|
(h)
|
in the case of a house with 3
bedrooms
|
£438.55
|
|
(i)
|
in the case of a house with 4
bedrooms
|
£477.82
|
|
(j)
|
in the case of a house with 5 or
more bedrooms
|
£528.99
|
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 (ca) 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 (ca) of the Law as a consequence of
paragraph 1(2).
(5) 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) or (b) of the Law as a consequence of
paragraph 1(5).
6 Personal
care element[17]
(1) A
household is entitled to the personal care element in respect of any member of
the household if he or she is –
(a) an adult or child who has the score
described in sub-paragraph (3)(a);
(b) an adult who has the score described in
sub-paragraph (3)(b);
(c) an adult who has the score described in
sub-paragraph (3)(c) and who is not receiving long-term care; or
(d) an
adult aged 18 or over who is assessed by an approved registered person as
having personal care needs that are permanent and requiring an approved care
package, and –
(i) is not receiving
any personal care element under clause (a), (b) or (c), and
(ii) does
not meet the condition under Article 3(2)(a) of the Long-Term Care
(Jersey) Law 2012 and is not receiving any benefit under that Law.
(2) Except
in the case of an adult referred to in sub-paragraph (1)(d), the rate of
personal care element payable to a member of a household is calculated
by –
(a) in
accordance with the directions set out in Part 1 of Schedule 2, 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
|
£30.38
|
|
(b)
|
for a score of at least 36 but
less than 56
|
£132.79
|
|
(c)
|
for a score of at least 56
|
£190.40
|
(4) The rate of personal care element in respect
of a member of a household referred to in sub-paragraph (1)(d) shall be
whichever amount is the lower of –
(a) the
net weekly cost of an approved care package for that member having taken
account and deducted the amount of any funding or subsidy provided by the
Minister for Health and Social Services with respect to the cost of the
approved care package; and
(b) the
weekly rate set at the lowest level of standard care provided under Article 8
of the Long-Term Care (Benefits) (Jersey) Order 2014.
(5) In this
paragraph –
“approved care
package” means a care package, approved by an approved registered person,
for providing personal care for a person assessed by the approved registered
person as having personal care needs that are permanent, such personal care
being provided in the person’s home or other premises not being an
approved care home;
“approved registered
person” has the meaning given by Article 1(1) of the Income Support (General Provisions) (Jersey) Order 2008;
“permanent”
means continuing or likely to continue for the rest of a person’s life;
“personal care”
means assistance with every day activities (such as bathing, dressing, grooming
and eating) given to a person with a physical, sensory, mental or cognitive impairment
which makes that person unable to care for himself or herself.
7 Mobility element[18]
(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 long-term care in an approved care home.
(3) The
rate of mobility element of the impairment component is –
(a) £30.38 if
the person’s average weekly earnings do not exceed the amount in clause (b);
or
(b) £60.48.
(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.
8 Clinical cost element[19]
(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) £3.99;
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, £7.98.
(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 (ca) 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;
“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[20]
(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
|
£9.61
|
|
(b)
|
for a child aged 3 years
or over
|
£8.04
|
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 –
(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, 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.
(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 (ca) 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.
(3) A
household is not entitled to a carer’s component in respect of any carer
while the household is not entitled to a basic component under Article 5(2)(a)
or (b) of the Law in respect of the carer as a consequence of paragraph 1(5).
12 Rate
for the carer’s component[21]
The rate payable in respect of the carer’s component is
£68.81.
Schedule 2[22]
(Schedule 1, paragraph 6(2))
part 1: statements in respect of personal care
element of impairment component
Directions
(1) A
statement in respect of any of the activities numbered 1 to 12B in
the table shall be selected having regard only to the member of the
household’s physical and sensory abilities.
(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.
(2) A
statement in respect of any of the activities numbered 13 to 18 in
the table shall be selected having regard only to the member of the household’s
mental and cognitive abilities.
|
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
|
|
|
|
|
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
|
|
|
|
|
a) has no
light perception
|
15
|
3 years
|
None
|
|
b) cannot
see well enough to read 16 point print at a distance of at least 20
cm
|
15
|
3 years
|
None
|
|
c) has 50% or greater reduction of
visual fields
|
15
|
3 years
|
None
|
|
d) cannot
see well enough to recognise a friend at a distance of 5 metres
|
9
|
1 year
|
None
|
|
e) has 25% or more but less than
50% reduction of visual fields
|
6
|
1 year
|
None
|
|
f) cannot see well enough to recognise
a friend at a distance of at least 15 metres
|
6
|
1 year
|
None
|
|
g) none of
the above
|
0
|
1 year
|
None
|
|
10 Hearing
|
|
|
|
|
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 Seizures causing loss of
consciousness or altered consciousness: persons aged 12 and over
|
|
|
|
|
a) in the
past 6 months has had 6 or more seizures with loss of consciousness
or altered consciousness and either –
|
15
|
12 years
|
None
|
|
(i) was
awake when the seizure commenced but had no useful warning of the seizure, or
(ii) had
dangerous post-ictal behaviour
|
|
|
|
|
b) in the
past 6 months has had 3 or more seizures with loss of consciousness
or altered consciousness and either –
|
9
|
12 years
|
None
|
|
(i) was
awake when the seizure commenced but had no useful warning of the seizure, or
(ii) had dangerous
post-ictal behaviour
|
|
|
|
|
c) in the
past 6 months has had 1 or more seizures with loss of consciousness
or altered consciousness and either –
|
6
|
12 years
|
None
|
|
(i) was
awake when the seizure commenced but had no useful warning of the seizure, or
(ii) had dangerous
post-ictal behaviour
|
|
|
|
|
d) none of
the above
|
0
|
12 years
|
None
|
|
12B Seizures causing loss of consciousness or
altered consciousness: persons aged under 12
|
|
|
|
|
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
|
15
|
1 year
|
12 years
|
|
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
|
9
|
1 year
|
12 years
|
|
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
|
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
|
part 2: statements in respect of mobility
element of impairment component
(Schedule 1, paragraph 7(1))
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.
1 Walking
(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.
2 Vision,
including visual acuity and visual fields, in normal daylight or bright
electric light
(a) Has
no light perception.
(b) Cannot
see well enough to read 16 point print at a distance of at least 20 cm.
(c) Has
50% or greater reduction of visual fields.
(d) Cannot
see well enough to recognise a friend at a distance of at least 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.
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 instructed 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.