Income Support Medical Appeal Tribunal: Appointment of Deputy Chairmen

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A decision made on 22 February 2016:

Decision Reference: MD-S-2016-0012
Decision Summary Title :	Recommendation for the appointment of the Income Support Medical Appeal Tribunal’s Deputy Chairmen		Date of Decision Summary:	19 February 2016
Decision Summary	Head of Governance		Decision Summary:	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	NA
Written Report Title :	Proposition to recommend the appointment of Deputy Chairmen for the Income Support Medical Appeal Tribunal’s		Date of Written Report:	19 February 2016
Written Report:	Head of Governance		Written Report :	Public
Subject: Income Support Medical Appeal Tribunal – Appointment of Deputy Chairmen
Decision(s): The Minister approved a proposition for the appointment of the Income Support Medical Appeal Tribunal Deputy Chairmen for a period of five years a from the date of debate subject to States approval
Reason(s) for Decision: Constituted under Article 9 of the Income Support (Jersey) Law 2007, the Income Support Medical Appeal Tribunal hears any appeals on matters regarding the award of the Impairment component of the Income Support scheme and any other decisions made on medical grounds; the assessment of care requirements under the Home Carer’s Allowance and care level assessments under the Long Term Care (Jersey) Law 2012. Article 15 of the Income Support (General Provisions) (Jersey) Order 2008 provides that members of the Tribunal are appointed by the States on the recommendation of the Minister after consultation with the Jersey Appointments Commission. Open recruitment was undertaken in respect of this position, overseen by the Jersey Appointments Commission, and the Minister is satisfied that the individuals proposed have the appropriate qualifications and experience required to undertake this role
Resource Implications: There are no financial or manpower implications
Action required: Head of Governance to request the Greffier of the States to arrange for the Proposition to be lodged ‘au Greffe’ and to request a States debate on 22 March 2016
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Income Support Medical Appeal Tribunal: Appointment of Chairmen

PROPOSITION

THE STATES are asked to decide whether they are of opinion 

to appoint, in accordance with Article 9 of the Income Support (Jersey) Law 2007, further to a process overseen by the Jersey Appointments Commission, the following persons as members of the Income Support Medical Appeal Tribunal for the period stated against their name –

Advocate David Benest Deputy Chair 5 years

Advocate Wendy Lambert Deputy Chair 5 years

Advocate Bryan Ian Le Marquand Deputy Chair 5 years

MINISTER FOR SOCIAL SECURITY

REPORT

Background

Article 15 of the Income Support (General Provisions) (Jersey) Order 2008 provides for the composition of the Income Support Medical Appeal Tribunal (ISMAT) and the terms of appointment of its members.

The ISMAT hears appeals on the award of the Impairment Component under the Income Support system and any other decisions made on medical grounds. It may also hear appeals regarding care requirements for Home Carer’s Allowance and the care assessments for Long Term Care. The Tribunal will review all facts placed before it by the Appellant and the Minister for Social Security and may confirm, reverse or vary the decision made by the Department’s Determining Officers.

The ISMAT consists of a Chairman, (or a Deputy Chairman) holding a qualification in law, a medical practitioner and a lay member.

Medical Practitioners appointed to the ISMAT must be currently licenced to practice medicine with the UK’s General Medical Council. The role of the medical practitioner is to help the Tribunal interpret and understand specific clinical information and its relevance or not in the determination.

The Lay member must have experience either through their work, from having cared for someone, or because of their own situation, of the needs of someone with a disability. Panel members use this experience to interpret the information provided and consider whether a reasonable assessment has been made.

This report discusses the appointment of Deputy Chairmen.

Tribunals

The Minister is responsible for the constitution of three different Tribunal panels, the Social Security Medical Appeal Tribunal (SSMAT), The Social Security Tribunal (SST) and the Income Support Medical Appeal Tribunal (ISMAT). In consultation with the Judicial Greffe, who is responsible for the convening and administration of the Tribunals, the role of Chairman was developed across all three Tribunals to ensure consistency of process and decision-making and supporting the further development of a Tribunals Service. The same principle is being applied, as appropriate, to Deputy Chairmen and Panel members, ensuring a stronger pool available for each Tribunal.

Advocate Sarah Fitz was appointed as Chairman of the SST, ISMAT and SSMAT in December 2015.

Terms of appointment

The Income Support (General Provisions) (Jersey) Order 2008 provides that members of the Tribunal are appointed by the States on the recommendation of the Minister after consultation with the Jersey Appointments Commission.

The Minister therefore recommends the appointment of:

Advocate David Benest
Advocate Wendy Lambert
Advocate Bryan Ian Le Marquand

Each for a term of five years.

The Minister is confident that all individuals proposed have the skills necessary to uphold the fairness and integrity of the tribunal system.

Members proposed for appointment

Deputy Chair of the Income Support Medical Appeal Tribunal:

David Benest is an Advocate of the Royal Court of Jersey, with over 18 years’ legal experience having also practiced as an English Barrister between 1995 and 1999 he qualified as a Jersey Advocate in 1999.

David is the Managing Partner of the recently founded firm Benest Corbett Renouf and heads up its Insured Risks practice group. He conducts a broad range of litigation based work in addition to Managing Partner responsibilities, with wide experience of court work in personal injury and clinical negligence, contentious trusts and planning and construction matters.

Joining Bailhache Labesse (now Appleby Global) in 1997, he was appointed as a Partner of the firm in 2001, becoming Managing Partner of the Appleby Global Jersey Office in 2010, before establishing his own firm, David Benest Law, in April 2013.

David is currently Chairman of the Jersey Criminal Injuries Compensation Board (CICB) and sits on the Board of Examiners for the local professional examinations.

In October 2015, David was appointed to the Senior Lawyers Panel of La Chambre de Discipline of the Guernsey Bar.

Wendy Lambert is a Jersey qualified solicitor with over 25 years of experience in providing legal advice to Jersey businesses and individuals. Wendy has provided advice and training to clients in many areas of law, including employment law, business set-up and acquisitions, commercial and residential property, private client, corporate, insolvency and bankruptcy.

Wendy is Chair of Jersey Business Limited. A government-funded company supporting and advising businesses in all sections of industry in the Island.

She was Chair of the Employment Forum for a number of years, actively involved in the development of Employment Laws in the Island and a member of the Law Society working committee advising on the Control of Housing and Work Law.

Recently, Wendy joined Altair Partners Limited as a consultant to provide directorship services to Jersey companies in all sectors of industry.

(Bryan) Ian Le Marquand, qualified as an Advocate in March 1977 becoming a Partner of Le Marquand & Backhurst and remaining with the firm until 1988.

Ian was a relief Magistrate from 1987 to 1990 and also acted as a consultant to Olsen, Backhurst and Dorey during that time.

Ian was appointed Judicial Greffier in 1990, Master of the Royal Court in 1997 and Magistrate in 1999. From December 2008 to November 2014, Ian was elected as a Senator with responsibility as Minister for Home Affairs

With almost 25 years of experience of the public sector in different roles, Ian is a very experienced judge and expert on Court procedures.