Income Support
(General Provisions) (Jersey) Order 2008
part 1
introductory provisions
1 Interpretation
(1) In
this Order, unless the context otherwise requires –
“1974 Order”
means the Social
Security (Determination of Claims and Questions) (Jersey) Order 1974;
“appellant”
means the person who applies for a review under Article 14(1);
“approved care home”
has the same meaning as in the Long-Term Care (Jersey)
Law 2012;
“approved registered
person” shall be construed in accordance with Article 5B;
“impairment component” has the meaning
given in Regulation 1 of the Regulations;
“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;
“medical grounds”
means grounds connected with a physical, sensory or mental impairment of a
person;
“medical practitioner”
means a doctor and any person who is a fully registered person within the
meaning of section 55 of the Medical Act 1983 of the United Kingdom;
“parental
responsibility” has the same meaning as in the Children (Jersey)
Law 2002;
“pensionable
age” has the same meaning as in the Social Security (Jersey)
Law 1974;
“Registrar”
means a person appointed under Article 4 of the 1974 Order;
“Regulations”
means the Income
Support (Jersey) Regulations 2007;
“Royal Court”
means the Inferior Number of the Royal Court.[2]
(2) In
this Order, a reference to a first determining officer or second determining
officer shall be construed in accordance with Article 12(2).[3]
PART 2
RESIDENCE and membership of
household
2 Period
of ordinary residence in Jersey
(1) The
period of ordinary residence in Jersey for the purposes of Article 2(1)(b)
of the Law is 5 years.
(2) Unless
any of the circumstances described in any of sub-paragraphs (a) to (d) of
paragraph (3) applies, the period of 5 years mentioned in paragraph (1)
must be continuous and immediately precede the application for income support.[4]
(3) Those
circumstances are that –
(a) the
person has been ordinarily resident in Jersey at any time for a continuous
period of at least 10 years;
(b) the
person was born in Jersey and has been ordinarily resident in Jersey for a
period or periods totalling 10 years or more;
(c) the
person –
(i) has been
ordinarily resident in Jersey for a period or periods totalling 10 years or
more commencing prior to the person’s 20th birthday, and
(ii) the
person is a child of a person who falls within Regulation 2(1)(a), (b),
(c), (d) or (f) of the Control of Housing and
Work (Residential and Employment Status) (Jersey) Regulations 2013; or
(d) paragraph (4)
applies and neither sub-paragraph (b) nor sub-paragraph (c) applies.[5]
(4) This
paragraph applies where a person –
(a) had
been ordinarily resident in Jersey at any time for a continuous period of at
least 5 years but less than 10 years; and
(b) since
that period has not been, for a period or periods totalling 5 or more
years, a person who is not ordinarily resident in Jersey.
(5) Where
paragraph (4) applies, the period of ordinary residence in Jersey that
must immediately precede the application for income support is –
(a) the
total of the period or periods during which the person has not been ordinarily
resident in Jersey since the continuous period of at least 5 years;
(b) less
any period or periods of ordinary residence in Jersey since the continuous
period of at least 5 years.
3 Persons
treated as ordinarily resident in Jersey[6]
Subject to Article 4,
a person currently resident outside Jersey is nevertheless treated as being
ordinarily resident in Jersey for the purposes of Article 2 of the Law if
the person has his or her principal residence in Jersey.
4 Persons
not treated as ordinarily resident in Jersey
(1) A
person detained by virtue of a sentence of imprisonment, youth detention or
similar punishment (whether in Jersey or elsewhere) is not treated as
ordinarily resident in Jersey for the purposes of Article 2 of the Law for
the period during which the person is so detained.[7]
(2) However,
the period during which a person was ordinarily resident in Jersey immediately
prior to such detention is treated as if it immediately preceded the
person’s release from that detention.
(3) A
person resident in Jersey for the purposes of his or her employment with an
employer outside Jersey and covered by a reciprocal agreement is not treated as
ordinarily resident in Jersey for the purposes of Article 2 of the Law for
the period during which he or she is so employed.[8]
(4) In
this Article “reciprocal agreement” means an agreement between any
country or territory and Jersey whereby a person continues to be liable for
contributions in respect of social security in that country or territory
despite his or her working in Jersey.
5 Persons
treated as being members of the same household
(1) For
the purposes of Article 2 of the Law, a person is to be treated as being a
member of the same household as another person if –
(a) the 2 persons
are partners;
(b) the
2 persons live as part of a family unit and the circumstances set out in
paragraph (2) apply; or
(c) one
of the 2 persons is a child and the other person has the main responsibility
for the physical care of that child as part of a family unit.[9]
(1A) A
person who, before receiving long-term care in an approved care home, was
treated under paragraph (1) as being a member of the same household as
another person, is to continue to be treated as a member of that household
while in receipt of such care.[10]
(2) The
circumstances mentioned in paragraph (1)(b) are that one of the
persons –
(a) is
under 25 years;
(b) is
excepted from the requirement to be engaged in full time remunerative work by
virtue of Article 3(1)(e) or (g) of the Law; and
(c) does
not meet the criteria for –
(i) the rate payable
in respect of the personal care element of the impairment component under
paragraph 6(3)(b), 6(3)(c) or 6(4) of Schedule 1 to the Regulations,
or
(ii) the
weekly rate set for the lowest level of standard care for which provision is
made under Article 8 of the Long-Term Care
(Benefits) (Jersey) Order 2014.[11]
(3) In
the case of a person having the main responsibility for a child,
where –
(a) the
physical care of the child is undertaken in more than one family unit; and
(b) within
each unit there is a person eligible for income support by reason of the
exemption in Article 3(1)(b) or (c) of the Law,
the child is to be treated
as a member of the same household as that of whichever of those persons would
result in the highest total amount of award being payable.[12]
(4) In
paragraph (1), “partners” means a relationship, including
marriage or civil partnership, in which it reasonably appears that 2 persons
are leading their lives as an economic or domestic unit. [13]
(5) In
determining whether 2 persons are partners, all relevant circumstances of
the relationship between those persons must be taken into account, including –
(a) whether the persons are married to, or in a
civil partnership with, each other;
(b) whether it reasonably appears that the
persons are emotionally committed to each other;
(c) the degree of exclusivity of the relationship;
(d) the degree to which the persons share
household activities and living arrangements;
(e) the degree of financial interdependence and
any arrangements for mutual financial support;
(f) the care and support of children;
(g) the ownership, or joint use, of property for
the purposes of the relationship;
(h) the degree to which the persons hold
themselves out to others as an economic or domestic unit.[14]
PART 2A[15]
Assessments of IMPAIRMENT and APPROVAL OF care packages
5A Assessment
of impairment and approval of care packages[16]
(1) Where the Minister
requires an assessment to be made for the purpose of ascertaining the nature
and degree of a person’s physical, sensory or mental impairment, or
approval to be given of a care package in respect of a person’s physical,
sensory or mental impairment, or both, under Article 5(3A) of the Law, the
assessment shall be made or approval shall be given by an approved registered
person.
(2) A determining officer
shall notify the person referred to in paragraph (1) in
writing –
(a) of the
outcome of an assessment and decision regarding approval under paragraph (1),
and the reasons for the assessment or decision;
(b) of, where
applicable, the arrangements, or change in arrangements, comprised in the care
package that has been approved as being suitable for the person;
(c) of
the person’s right to a reassessment of the assessment or decision
regarding approval and the time within which an application for reassessment
must be made under paragraph (3); and
(d) that
if an application for a reassessment of the assessment or decision regarding approval
is not made within the time referred to in sub-paragraph (c), there is no
further right of appeal.
(3) If a person referred to
in paragraph (1) is dissatisfied with an assessment or decision regarding
approval under paragraph (1), the person may, no later than 21 days
after receipt of the notification of the outcome of the assessment or decision
regarding approval, make an application to a determining officer for a
reassessment of the assessment or decision regarding approval.
(4) An application under
paragraph (3) must set out the reasons for applying for a reassessment of
the assessment or decision regarding approval.
(5) A reassessment of an
assessment or decision regarding approval following an application under
paragraph (3) shall be made by an approved registered person other than
the approved registered person who made the assessment or decision regarding
approval.
(6) A determining officer
shall notify, in writing, the person who made the application under paragraph (3)
of –
(a) the
reassessment of the assessment or decision regarding approval and the reasons
for the reassessment; and
(b) the
person’s right to a review on medical grounds by the Medical Appeal
Tribunal under paragraph (7).
(7) A person aggrieved by a
reassessment under this Article shall have the right to a review on medical
grounds by the Medical Appeal Tribunal constituted under Article 15 of
that reassessment under Part 7.
5B Approved
registered person[17]
(1) The following persons
may apply to the Minister for approval as an approved registered
person –
(a) a
nurse;
(b) a
social worker;
(c) an
occupational therapist;
(d) a
medical practitioner.
(2) An application under
paragraph (1) must –
(a) be
made to the Minister on a form approved by the Minister, or in such other
manner as the Minister may accept as sufficient in the circumstances of the
case; and
(b) be
accompanied by the information and documents the Minister requires for the
purpose of enabling the application to be determined.[18]
(3) On receiving an
application under paragraph (1), the Minister may –
(a) subject
to paragraph (4), grant the application; or
(b) refuse
the application,
and shall notify the applicant in writing of the decision under
sub-paragraph (a) or (b) with reasons.
(4) The Minister shall not
grant an application under paragraph (3) unless he or she is satisfied
that –
(a) the
person, if a nurse, social worker or occupational therapist, is registered as
such under the Health Care (Registration) (Jersey)
Law 1995;
(b) the
person, if a medical practitioner, is registered as such under the Medical Practitioners (Registration) (Jersey)
Law 1960; and
(c) the
person is competent to make the assessments, or to give the approvals, referred
to in Article 5(3A) of the Law.
(5) A person whose
application has been granted under paragraph (3)(a) shall have the status
of an approved registered person.
(6) A person’s status
as an approved registered person under paragraph (5) is suspended
if –
(a) the
person’s name is removed from the register under Article 8 of the Health Care (Registration) (Jersey)
Law 1995;
(b) registration
of the person under the Health Care (Registration) (Jersey)
Law 1995 is cancelled under Article 10
of that Law; or
(c) registration
of the person under the Medical Practitioners (Registration) (Jersey)
Law 1960 is cancelled under Article 9
of that Law or suspended under Article 10 of that Law.
(7) If, following a
suspension of a person’s status as an approved registered person under paragraph (6) –
(a) the
person’s name is restored to the register under Article 8(4) of the Health Care (Registration) (Jersey)
Law 1995;
(b) the
order for cancellation of the person’s registration is rescinded under Article 10(3)
of the Health Care (Registration) (Jersey)
Law 1995; or
(c) registration
of the person under the Medical Practitioners (Registration) (Jersey)
Law 1960 is restored or is no
longer cancelled or suspended under that Law,
the suspension under paragraph (6) no longer applies and the
person’s status is restored as an approved registered person.
(8) If, following a
decision to grant an application under paragraph (3)(a), the Minister
determines that the person is no longer competent to make assessments, or to
give approvals, required pursuant to Article 5(3A) of the Law, the
Minister shall notify the person in writing of the Minister’s determination
with reasons and, from the date specified in that notification, subject to paragraph (12),
the person shall no longer have the status of an approved registered person.
(9) A notification of a
decision to refuse an application under paragraph (3)(b) or of a
determination under paragraph (8) shall be made only after consideration
of any objections or representations made in accordance with paragraph (10)(b).
(10) Before giving notification
under paragraph (3)(b) or (8), as the case may be, the Minister must serve
notice on the person –
(a) giving
the Minister’s reasons for the Minister’s proposed refusal or
determination; and
(b) stating
that within such period as may be specified in the notice (not being less than
21 days beginning with the date of service of the notice) the person on
whom it is served may make objections or representations in writing to the
Minister concerning the proposal.
(11) If a person is aggrieved
by –
(a) a
decision of the Minister under paragraph (3); or
(b) a
determination under paragraph (8),
the person may appeal to the Royal Court no later than 28 days
after the date of the notification of the decision or determination, as the
case may be, on the ground that the decision or determination of the Minister
was unreasonable having regard to all the circumstances of the case.
(12) Unless the Royal Court so
orders, the lodging of an appeal shall not operate to stay the effect of a
decision under paragraph (3) or a determination under paragraph (8)
pending determination of the appeal.
(13) On hearing an appeal under
this Article, the Royal Court may confirm, reverse or vary the Minister’s
decision or determination, or remit the decision or determination to the
Minister with such directions as the Royal Court thinks appropriate.
(14) The decision of the Royal
Court on hearing an appeal under this Article shall be final and without
further appeal.
PART 3
CLAIMS AND related matterS
6 Making a claim and
information required[19]
(1) A
claim for income support must be made to the Minister in the manner approved by
the Minister (the “approved manner”).
(2) A
claim is not treated as having been made until the Minister has received, at an
office approved by the Minister for the receiving of claims –
(a) the claim made in the approved manner; and
(b) the certificates, documents or other
information that may be required under paragraph (3).
(3) To
determine if a claimant is entitled to income support, the
determining officer may require the claimant, or other adult member of the claimant’s
household, to provide, within a reasonable timescale, certificates,
documents or other information the determining officer specifies.
(4) If
a claim is not made in the approved manner, or if the claimant fails to provide
the specified certificates, documents or other information, the determining
officer must refer the claim back to the claimant.
(5) If
paragraph (4) applies, the claimant is required,
not later than 14 days after the date on which the
claim was referred back to them –
(a) to
make the claim in the approved manner; or
(b) to
provide certificates, documents or other information the determining officer
specifies.
(6) If
the claimant satisfies the requirements of paragraph (5), the determining
officer must treat the claim as if it had been properly made in the first
instance.
(7) The
determining officer may, if it is reasonable to do so, require the claimant, or
other adult member of the claimant’s household (including a relevant
person under Article 7), to attend at an office or other place the
determining officer may direct.
(8) If
a claimant wishes to amend a claim, the amendment must be made in writing to
the Minister at any time before the claim is determined, and the determining
officer may treat the claim as if it had been made as amended in the first instance.
7 Information in support of
impairment component[20]
(1) If
a claim for income support appears to entitle the household to the impairment
component in respect of a member of the household (the “relevant
person”), the determining officer may, in addition to the certificates,
documents or other information required under Article 6, further require
all or any of the following –
(a) from the relevant person or, if that person
is a child, the claimant or other adult member of the household, certificates,
documents or other information about the nature and degree of the relevant
person’s impairment;
(b) an assessment by a
healthcare professional about the nature and degree of the relevant person’s
impairment, arranged by –
(i) the relevant
person;
(ii) if
that person is a child, the claimant; or
(iii) the
determining officer.
(2) Paragraph (1)
does not apply to a claim by a household for entitlement to the personal care
element in respect of a member of the household described in Schedule 1, paragraph 6(1)(d),
to the Regulations.
(3) In
this Article, “healthcare professional” means a doctor, dentist or
person on the list of registered persons made and kept under Article 11 of
the Health
Care (Registration) (Jersey) Law 1995.
8 Notification
of change of circumstances and provision of information[21]
(1) Paragraph (2)
applies if a household is in receipt of income support and an adult member of
that household (the “relevant adult”) knows or suspects that there
has been a change of circumstances that might affect entitlement to, or the
level of payments of, income support.
(2) The
relevant adult must, not later than 14 days after the change of
circumstances occurred, notify the Minister in writing of that change of
circumstances.
(3) The
relevant adult must
provide
the determining officer with certificates, documents or
other information that the determining officer specifies by notice in writing,
not later than 14 days after receiving that notice.
(4) Paragraph (5)
applies for the purposes of establishing –
(a) whether
a household remains entitled to the payment of income support despite the change
of circumstances; and
(b) if
the household remains entitled to income support, the level of payments of
income support.
(5) The
determining officer may, if it is reasonable to do so, require the relevant
adult, or other adult member of the household –
(a) to
attend at an office or other place the determining officer may direct; and
(b) to
provide certificates, documents or other information the determining officer
may specify.
9 Persons
unable to act
(1) In
the case of a claimant who is unable to act who –
(a) has
not been received into guardianship in pursuance of a guardianship application
under Article 29 of the Mental Health Law 2016;
(b) does
not have, acting on his or her behalf –
(i) a delegate
appointed under Part 4 of the Capacity and
Self-Determination (Jersey) Law 2016, or
(ii) a
person acting under the authority of a lasting power of attorney conferred
under Part 2 of that Law; and
(c) does
not have a tuteur,
the Minister may, on
receipt of a written application, appoint a person to act on the
claimant’s behalf.[22]
(2) However,
such appointment shall terminate –
(a) if
the claimant is received into guardianship, or has appointed, in relation to
him or her, such a person as mentioned in paragraph (1)(b) or a tuteur;
(b) at
the request of the person appointed;
(c) if
revoked by the Minister; or
(d) if
the claimant becomes able to act.[23]
(3) In
this Article “claimant” includes any member of a claimant’s
household who is required, under Article 6, to provide certificates,
documents or information in support of a claim.[24]
PART 4
calculated INCOME
10 Manner
of determining income
For the purposes of the Law,
the income of a household in respect of which a claim is made for income
support shall be calculated or estimated in accordance with Schedule 2.
PART 5
special payments
11 Application
of Part 3 to special payments[25]
(1) Article 6
applies to a claim for special payments as it applies to a claim for income
support.[26]
(2) In
the case of a claim for child personal care, the information to be included in
the claim is the information the determining officer requires to be satisfied
that the requirements and criteria for that payment are met.[27]
(3) Articles 6,
7 and 8 apply to a claim for child personal care as they apply in respect of
the impairment component part of a claim for income support.[28]
(4) Article 9
applies to a claim for special payments as it applies to a claim for income
support.[29]
(5) In
this Article, “child personal care” means a special payment under
Regulation 2 or 3 of the Income Support (Special Payments) (Child Personal Care) (Jersey)
Regulations 2014.[30]
(6) [31]
(7) [32]
(8) [33]
(9) [34]
part 6[35]
DETERMINATIONS[36]
A12 Interpretation of
Part 6[37]
In this Part
“determination” means –
(a) a
decision under Article 3(2)(b) of the Law;
(b) a
decision under Article 11 of the Law;
(c) a
determination under Article 12 of the Law;
(d) a
determination under Article 12(1) or (1A) of this Order.
12 Functions
of determining officers
(1) A
claim for an award shall be determined by a determining officer.
(1A) A
determining officer shall also determine whether –
(a) for
the purposes of Regulation 5 of the Regulations, a person has ceased
remunerative work without good cause and, if the person has ceased such work
without good cause, the commencement date for the sanction period imposed by
that Regulation;
(b) to
warn a person, in accordance with Regulation 5A of the Regulations;
(c) a
person has, as described in Regulation 5B of the Regulations,
breached a warning;
(d) a person
has, as described in Regulation 5B(4)(a) of the Regulations, proved that
he or she has satisfied the requirements of Regulation 4 of those
Regulations for a continuous period of 42 days.[38]
(2) Where
required under Article 13 a determination shall be redetermined by a
determining officer (the “second determining officer”) other than
the determining officer whose determination is to be redetermined (the
“first determining officer”).[39]
(3) Where
a determining officer has determined that a household is entitled to an award,
and the amount of the award, he or she shall allow payment to be made.
13 Right
to redetermination by second determining officer
(1) If
a claimant or an adult member of the claimant’s household is dissatisfied
with a determination that is made in respect of the household, he or she may
require that the matter is redetermined.[40]
(1A) A
requirement under paragraph (1) must set out the reasons for requiring a
redetermination.[41]
(2) The
reference in paragraph (1) to an adult member of the claimant’s
household only includes an adult described in Article 5(2) if the
circumstances in paragraph (2A) apply.[42]
(2A) The
circumstances are that –
(a) in
making the determination, the first determining officer had regard to any
capital or income, or any impairment, of the adult described in Article 5(2);
or
(b) the
determination was one described in Article 12(1A), made in respect of the
adult described in Article 5(2).[43]
(3) A
requirement under paragraph (1) in respect of a determination under
Article 12(1A) must be made within 7 days of receiving notice of the first
determining officer’s determination.[44]
(4) Any
other requirement under paragraph (1) must be made within 21 days of
receiving notice of the first determining officer’s determination.[45]
(5) [46]
13A Notice of
determination or decision
(1) A
determining officer who has made a determination shall notify, in writing,
every person who, under Article 13, has a right to require that the matter
is redetermined –
(a) of
the determination and the reasons for it;
(b) of
the right conferred by Article 13 and the time within which it must be
exercised; and
(c) that
if the right conferred by Article 13 is not exercised, there is no right
of further appeal.[47]
(2) A
determining officer who has, in accordance with Article 12(2) redetermined
any matter shall notify, in writing, the person who required the
redetermination and every person who, under Article 14, has a right of
review of or, under Article 17, has a right of appeal against, the
redetermination of –
(a) the redetermination
and the reasons for it; and
(b) the
right conferred by Article 14 or 17, as the case requires, and the
time within which it must be exercised.
(3) Where –
(a) a
determining officer is required by paragraph (1) or (2) to notify an adult
described in Article 5(2) of a determination or redetermination; and
(b) in
making the determination or redetermination, the officer had regard to any
impairment of that adult, but not to any capital or income of that adult,
the determining officer
shall not, in notifying that adult, provide that adult with information
regarding any capital or income of the claimant or another member of the
household.[48]
(4) In
the case of an award being granted, a notice under this Article must also
specify –
(a) the
manner and method of payment of the award; and
(b) such
other particulars as may be determined by the Minister.
(4A) In
the case of a determination under Article 12(1A), a notice under this
Article must also explain –
(a) the
effect of the determination;
(b) the period
for which the effect of the determination remains in force; and
(c) the
consequences of a failure, by the person to whom the notice relates, to comply
with Regulation 4 of the Regulations whilst the effect of the
determination remains in force.[49]
(5) A
notice of a determination or redetermination –
(a) may
be sent by post; and
(b) shall
be treated as duly sent if sent to the person’s usual or last known
address.[50]
Part 6A[51]
PAYMENTS OF income support
13B Payments of income
support
(1) Subject
to paragraph (2), where a claim for income support has been made on behalf
of a household and it has been determined that the household is entitled to an
award, the entitlement shall have effect from the day on which the claim is
treated as having been made, in accordance with Article 6.[52]
(2) Where,
on the day the claim is treated as having been made, the household does not
satisfy one or more of the conditions for entitlement to the award, the claim
shall be treated as having been made on the day on which the last of those
conditions is satisfied.[53]
13C Change of
circumstances affecting payments of income support[54]
(1) Paragraphs (2) and (3)
apply if a household’s entitlement to income support changes due to a
change of circumstances.
(2) If a household’s entitlement
to income support ends, or the level of payments of income support decrease,
the ending of entitlement or decrease in payments has effect from the date of
the change of circumstances.
(3) If a household is
entitled to an increase in the level of payments of income support, the
increase has effect in accordance with paragraph (4) or (5).
(4) If the Minister is
notified of the change of circumstances within the time specified under Article 8(2)
and –
(a) the
determining officer does not require any further information because of the
change, the increase has effect from the date of the change of circumstances;
(b) further
information required because of the change is provided within the time
specified under Article 8(3), the increase has effect from the date of the
change of circumstances;
(c) further
information required because of the change is not provided within the time
specified under Article 8(3), the increase has effect from the date the
further information is provided.
(5) If the change of circumstances
is not notified to the Minister within the time specified under Article 8(2)
and –
(a) the
determining officer does not require any further information because of the
change, the increase has effect from the date the Minister is notified of the change
of circumstances;
(b) further
information required because of the change is provided within the time
specified under Article 8(3), the increase has effect from the date the
Minister is notified of the change of circumstances;
(c) further
information required because of the change is not provided within the time
specified under Article 8(3), the increase has effect from the date the
further information is provided.
(6) In this Article,
“further information” means certificates, documents or other
information specified by the determining officer under Article 8(3), or as
may be specified by the determining officer under Article 8(5).
PART 7
REVIEWS AND APPEALS
14 Review
on medical grounds
(1) A
claimant or an adult member of the claimant’s household dissatisfied with
a redetermination under Article 12(2) or a person dissatisfied with a reassessment
under Article 5A on medical grounds may, within 14 days of receiving
notification of the redetermination, apply to the Medical Appeal Tribunal constituted
under Article 15 for a review of those grounds.[55]
(1A) The
reference in paragraph (1) to an adult member of the claimant’s
household only includes an adult described in Article 5(2) if, in making
the redetermination, the second determining officer had regard to any
impairment of that adult.[56]
(2) However,
an application made outside the 14 day period, but within 28 days of
receiving notification of the redetermination, may be allowed with the consent
of the chairman or a deputy chairman of the Tribunal.[57]
(3) Every
application under this Article for the review of a redetermination shall be
made in writing to the Registrar on a form approved by the Registrar for that
purpose, or in such manner as the Registrar may accept as sufficient in the
circumstances of the case.[58]
15 Medical
Appeal Tribunal
(1) There
shall be constituted a Medical Appeal Tribunal, which shall comprise the
following categories of members –
(a) a
chairman and one or more deputy chairmen, being persons holding a qualification
in law;
(b) a
panel of up to 5 members who are medical practitioners; and
(c) a
panel of up to 5 members who are persons other than medical practitioners
and are experienced in dealing with the needs of disabled persons in a
professional or voluntary capacity or because they are themselves disabled.
(2) The
members shall each be appointed by the States on the recommendation of the
Minister made after consulting the Jersey Appointments Commission established
by Article 17 of the Employment of States of
Jersey Employees (Jersey) Law 2005.
(3) A
member of the Tribunal shall hold office for such period as is specified in his
or her appointment and after expiry of such period is eligible for re-appointment
for such period as is specified in his or her new appointment.
(4) A
member may continue in office, after the expiry of his or her term of office,
for the purposes of completing any proceeding that the member has begun to hear
before the expiry of the term of office.
(5) A
member of the Tribunal shall cease to hold office on resigning in writing
delivered to the Minister.
(6) Any
member of the Tribunal shall cease to hold office –
(a) on
becoming bankrupt;
(b) on
the appointment, under Part 4 of the Capacity and
Self-Determination (Jersey) Law 2016, of a delegate in relation to the
member;
(c) on
being received into guardianship under the Mental Health (Jersey)
Law 2016;
(d) if
qualified for membership under paragraph (1)(a) or (b), on ceasing to be
so qualified; or
(e) on
being removed from office by the Royal Court, if the member is guilty of
misconduct or has been unable to carry out his or her duties because of
ill-health or other commitments for a continuous period exceeding
6 months.[59]
(7) A
member of the Tribunal shall not be removed from office for any other reason.
(8) For
the purposes of hearing any case referred to it under Article 14 the
Tribunal shall consist of one person from each of the categories of members
mentioned in paragraph (1)(a), (b) and (c) selected by the Registrar.
(9) However,
a person shall not hear any case if he or she –
(a) was
involved in an earlier determination of the case;
(b) is a
doctor who has regularly attended the appellant or a member of the
appellant’s household; or
(c) has
any personal or pecuniary interest, whether direct or indirect, in the outcome.
16 Procedure
of Medical Appeal Tribunal
(1) The
parties to the review shall be the appellant and the Minister and each party or
any person acting on behalf of that party may make representations to the
Tribunal.
(2) The
tribunal shall sit in public unless the Tribunal considers it necessary to sit
in private.
(3) However,
no person other than the Registrar shall be present while the Tribunal is
considering its decision.
(4) The
Tribunal may adjourn the hearing from time to time as it thinks fit.
(5) The
Tribunal may, if it thinks fit, admit any duly authenticated written statement
or other material as prima facie evidence of
any fact or facts in any case in which it thinks it just and proper to do so.
(6) The
Tribunal may, if it thinks fit, call for such documents and examine such
witnesses as appear to it likely to afford evidence relevant and material to
the issue, although not tendered by either the appellant or the Minister.
(7) If,
after notice of the hearing has been duly given, the appellant or the Minister
fails to appear at the hearing, the Tribunal may proceed to determine the
review notwithstanding the absence of both or either of them, or may give such
directions with a view to the determination of the application as the Tribunal
thinks just and proper.
(8) The
Tribunal may require any party to proceedings before the Tribunal under this Order
or any witness in the proceedings to give evidence on oath and, for that
purpose, the chairman or deputy chairman presiding over the Tribunal shall have
power to administer an oath.
(9) Where,
in connection with the review by the Tribunal, there is before the Tribunal
medical advice or medical evidence relating to the appellant or a member of the
appellant’s household that has not been disclosed to the appellant and,
in the opinion of the chairman or deputy chairman, the disclosure to the
appellant of that advice or evidence would be harmful to the appellant’s
health, such advice or evidence shall not be required to be disclosed to the
appellant, but the Tribunal shall not by reason of such non-disclosure be
precluded from taking it into account for the purpose of the review.
(10) On
the review of any case under this Article, the Tribunal may confirm, reverse or
vary the decision of the second determining officer and shall give its decision
in public.
(11) The
decision of the majority of the members of the Tribunal shall be the decision
of the Tribunal and there shall be a written record of the decision signed by
the chairman or deputy chairman as the case may be which –
(a) includes
the names of the Tribunal members;
(b) includes
the reasons for the decision; and
(c) records
any dissent and the reasons for such dissent,
and the Registrar shall
send a copy of such written record to the parties as soon as practicable after
the review has taken place.
(12) Where
the Tribunal has made a decision adverse to the appellant, the appellant shall
be advised that the decision on the facts is final but that he or she may
appeal to the Royal Court on a point of law.
(13) Subject
to this Article, the Tribunal may regulate its own procedure.
17 Appeals
to Social Security Tribunal
(1) A
claimant or an adult member of the claimant’s household dissatisfied with
a redetermination under Article 12(2) on non-medical grounds may appeal to
the Social Security Tribunal in accordance with the time limits and procedure
for appeals to that Tribunal set out in Part 2 of the 1974 Order
as if the appeal was in respect of any matter determined in accordance with
that Order.[60]
(2) The
reference in paragraph (1) to an adult member of the claimant’s
household only includes an adult described in Article 5(2) if, in making
the redetermination, the second determining officer –
(a) if
the redetermination was of a determination under Article 12(1) of this
Order or Article 12 of the Law, had regard to any income or capital of
that adult;
(aa) if the
redetermination was of a determination described in Article 12(1A), made
in respect of that adult; or
(b) if
the redetermination was of a decision under Article 11 of the Law, had
particular regard to the circumstances of that adult.[61]
18 Appeals
to Royal Court[62]
(1) A
person aggrieved by a decision of the Medical Appeal Tribunal or the Social
Security Tribunal under this Part may, on a point of law only, appeal to the
Royal Court.
(2) An
appeal under paragraph (1) may be made –
(a) in
the first instance, only with leave of the Tribunal; or
(b) in
the second instance, only with leave of the Royal Court where the Tribunal has
in the first instance refused leave to appeal.
(3) The
Tribunal shall, if it is unable to reach a decision as to whether or not to
grant leave to appeal, refer the application for leave to appeal, to the Royal
Court.
(4) Subject
to paragraph (5), an application for leave to appeal under paragraph (2)(a)
must be made before the end of the period of 4 weeks beginning with the
date of the Tribunal’s decision or order.
(5) The
Tribunal may vary the period specified in paragraph (4) if, in the
circumstances of the case, the Tribunal is satisfied it would be fair and just
to do so.
(6) An
application for leave to appeal under paragraph (2)(b) shall be made
within such period as may be specified by Rules of Court (within the meaning of
Article 13 of the Royal
Court (Jersey) Law 1948).
(7) An
application for leave to appeal under paragraph (2) may include an
application to stay a decision or order of the Tribunal pending the appeal.
(8) No
appeal shall lie from a decision of the Tribunal refusing leave for the
institution or continuance of, or for the making of an application in,
proceedings by a person who is the subject of an order under Article 1 of
the Civil Proceedings
(Vexatious Litigants) (Jersey) Law 2001.
(9) The decision of the
Royal Court on hearing an appeal under this Article shall be final and without
further appeal.[63]
PART 8
closing provision
19 Citation
This Order may be cited
as the Income Support (General Provisions) (Jersey) Order 2008.
Schedule 1[64]
Schedule 2[65]
(Article 10)
calculated income
1 Capital to be treated as
income
(1) Every
£250 of capital belonging to a household other than any capital
disregarded under paragraph 2 shall be treated as providing the household
with an income of £1 a week.
(2) The
value of capital shall be calculated at its current market or surrender value
in the country or territory in which the capital is situated.
2 Capital to be disregarded
(1) The
following amounts of capital shall be disregarded in assessing calculated
income –
|
(a) in
the case of a household containing a sole adult under pensionable age where a
member of the household meets the criteria for the personal care element of
the impairment component under paragraph 6 of Schedule 1 to the
Regulations
|
£13,706
|
|
(b) in
the case of any other household containing a sole adult under pensionable age
|
£9,137
|
|
(c) in
the case of a household containing 2 or more adults who are all under pensionable
age where a member of the household meets the criteria for the personal care
element of the impairment component under paragraph 6 of Schedule 1
to the Regulations
|
£22,718
|
|
(d) in
the case of any other household containing 2 or more adults who are all
under pensionable age
|
£15,145
|
|
(e) in
the case of a household containing a sole adult who has attained pensionable
age
|
£13,706
|
|
(f) in
the case of a household containing 2 or more adults, at least one of
whom has attained pensionable age
|
£22,718
|
|
(g) in the case of a household
containing –
(i) a child who
meets the criteria in Regulation 3 of the Income Support
(Special Payments) (Child Personal Care) (Jersey) Regulations 2014,
and
(ii) 2 or more
adults
|
£22,718
|
|
(h) in
the case of a household containing –
(i) a child who
meets the criteria in Regulation 3 of the Income Support
(Special Payments) (Child Personal Care) (Jersey) Regulations 2014,
and
(ii) only one adult,
where that adult is under pensionable age
|
£13,706
|
|
(i) in the case of a household
containing –
(i) a child who
meets the criteria in Regulation 2 of the Income Support
(Special Payments) (Child Personal Care) (Jersey) Regulations 2014,
and
(ii) 2 or more
adults
|
£22,718
|
|
(j) in
the case of a household containing –
(i) a child who
meets the criteria in Regulation 2 of the Income Support
(Special Payments) (Child Personal Care) (Jersey) Regulations 2014, and
(ii) only one adult,
where that adult is under pensionable age
|
£13,706.
|
(1A) In determining, for the purposes of sub-paragraph (1),
the number of adults contained in a household there shall be disregarded any
adult described in Article 5(2).
(1B) Where,
upon the death of an adult (the “deceased”), a household ceases to
be a household containing 2 or more adults and becomes a household containing a
sole adult, whichever of sub-paragraph (1)(c), (d) or (f) applied to the
household immediately before the deceased’s death shall continue to apply
to the household, for the period of 12 months following the deceased’s
death.
(2) The
following capital shall also be disregarded –
(a) subject
to sub-paragraph (3), the value of any dwelling owned by a member of the
household and occupied by the household as its principal residence;
(b) the
value of any dwelling purchased by a member of the household that is intended
to be occupied by the household as its principal residence, until the property
is so occupied or for a period not exceeding 13 weeks from when the
property was purchased, whichever is the earlier;
(c) the
value of assets integral to the running of any business owned by a member of
the household for which a member of the household is normally engaged in
remunerative work, or for which the person would be so engaged were he or she
not prevented from being so engaged by reason of ill health, for a period of
more than 26 weeks;
(d) the
household furniture and effects of any dwelling occupied by the household as
its principal residence, and articles of clothing and personal effects of any
member of the household, other than a motor vehicle or any item bought as an
investment;
(e) the
value of such motor vehicles as are appropriate to the needs of the household;
(f) for
as long as the criteria in either clause (i) or (ii) is met, any capital
that has been accumulated solely to provide for the future care of a member of
a household who meets the criteria for –
(i) the rate of
personal care element of the impairment component for which provision is made
under paragraph 6(3)(c) or 6(4) of Schedule 1 to the Regulations, or
(ii) the
rate of long-term care benefit for which provision is made under Article 8
of the Long-Term
Care (Benefits) (Jersey) Order 2014;
(g) any capital that has been accumulated
solely to provide for the future care of a member of a household who is a child
who meets the
criteria in Regulation 3 of the Income Support
(Special Payments) (Child Personal Care) (Jersey) Regulations 2014 for as long as the member continues to meet that criteria.
(3) If
the dwelling mentioned in sub-paragraph (2)(a) is not appropriate to the
needs of the household the capital to be disregarded is the average market
value of a dwelling that is so appropriate.
(4) In
this paragraph a dwelling is appropriate to the needs of the household if it is
no larger than is reasonably necessary for that household or if, having regard
to all the circumstances, it would be unreasonable to expect the household to
move from that dwelling.
3 Treatment of capital and
income
(1) If
a person has directly or indirectly deprived himself or herself or any other
person of any income or capital –
(a) in
order to qualify for income support or a special payment; or
(b) in
order that he or she does not, by virtue of such income or capital, cease to
qualify for income support or a special payment, or receive a lesser amount of
income support or a reduced special payment,
the amount of that income
or capital shall be included in his or her total income or capital as the case
may be.
(2) Any
income or capital that is available to a person in the household if he or she
applied to acquire it shall be treated as having been acquired by that person
on the date on which the person was capable of acquiring it.
4 Calculation of income
(1) The
income of a household shall be calculated on a weekly basis by –
(a) assessing
the average weekly income of the household;
(b) adding
the amount derived from capital in accordance with paragraph 1; and
(c) deducting
the amount that the household is obliged to pay by way of –
(i) contributions
payable under Article 4(2)(a)(i) and (b) of the Social Security (Jersey)
Law 1974, and
(ii) any
qualifying maintenance payment up to the amount specified in paragraph 2(a)”
of Schedule 1 to the Regulations in the case of a payment to a spouse or
civil partner and up to the amount specified in paragraph 2(d) of that
Schedule in the case of a payment to a child.
(2) If
the income of a household includes earnings from employment, the average weekly
earnings from that employment shall be calculated over a period immediately
prior to the determination of –
(a) if
the earner is paid weekly, 5 weeks;
(b) if
the earner is paid monthly, 2 months,
or over such other period
as will most accurately enable average weekly earnings to be assessed.
(3) If
the income of a household includes the earnings of a self-employed person, the
average weekly earnings shall be estimated over such period as will most
accurately enable average weekly earnings to be assessed.
(4) If
the income of the household includes any unearned income, the average weekly
income of the household from that unearned income shall be estimated over such
period, not exceeding one year immediately prior to the determination, as will
most accurately enable average weekly income to be assessed.
(5) If
the calculation of the income of a household under paragraph (1) results
in a zero or negative value, the income of the household shall be deemed to
have a zero value.
5 Percentage of income to be
disregarded
In assessing the weekly income of the household there shall be
disregarded –
(a) 26% of the earnings of
any adults in the household;
(b) 100% of the earnings of
any children in the household;
(c)
(d) 26% of any income
derived from any qualifying maintenance payment received by any person in the
household;
(da) 100% of any income derived
from a pension received by any children in the household;
(e)
(f) the following
pension income –
(i) in
the case of one existing pensioner in the household, whichever is the greater
of –
(A) 100% of the first
£55.23 of his or her pension income, or
(B) 26% of his or her
pension income,
(ii) in
the case of any other existing pensioner in the household, whichever is the
greater of –
(A) 100% of the first
£35.77 of his or her pension income, or
(B) 26% of his or her
pension income,
(iii) in
the case of any new pensioner in the household, 26% of his or her pension
income;
(g)
(ga)
(h)
(i) in the case of a
person who –
(i) is
under 25 years,
(ii) is
treated under Article 5(1) as being a member of the same household of
another person, and
(iii) is
excepted from the requirement to be engaged in full time remunerative work by
virtue of Article 3(1)(e) of the Law (persons undergoing education or
training on any course approved by the Minister) but does not meet the criteria
for the rate payable in respect of the personal care element of the impairment
component under paragraph 6(3)(b) or (c) of Schedule 1 to the
Regulations,
100% of the aggregate of the person’s earnings and any income
derived from a pension received by the person, up to the value of the basic
component payable in respect of that person under Article 5(2)(a) of the
Law.
6 Interpretation
In this
Schedule –
“capital”
means any capital asset;
“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;
“existing
pensioner” means a person who has attained pensionable age before 1st
January 2016 and who –
(a) was
in receipt of income support before that date; or
(b) was
the subject of an application for income support made before that date and
approved on or after that date;
“income” –
(a) includes
earnings, any benefit or grant payable pursuant to the law of any country or
territory, any qualifying maintenance payment received, and any other
periodical payment to which a person in the household is entitled and any sums
received in respect of a pension or annuity;
(b) does
not include any charitable or voluntary payment, any financial support from the
Minister for Health and Social Services under the terms of a foster placement
agreement made under Article 16(3) of the Children (Placement)
(Jersey) Regulations 2005, any financial support from the Minister for
Social Security for the cost of long-term care, any payment under the Law or
any income derived from any capital other than income derived from capital
disregarded under paragraph 2 or under Article 7(3) of the Law;
“new
pensioner” means a person who has attained pensionable age and is not an
existing pensioner;
“pension
income” means income derived from a pension or annuity;
“qualifying maintenance
payment” means –
(a) a
qualifying maintenance payment within the meaning of Article 90B(1) of the
Income Tax (Jersey)
Law 1961; or
(b) any
regular payment which the determining officer is satisfied is comparable to a
payment referred to in sub-paragraph (a).