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Sickness Benefit in respect of Covid-19: Variations

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made on 18 September 2020

Decision Reference:  MD-S-2020-0055

Decision Summary Title :

DS - Variations to the Sickness Benefit in respect of Covid 19

Date of Decision Summary:

11 September 2020

Decision Summary Author:

Senior Policy Officer

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

NA

Written Report

Title :

WR - Variations to the Sickness Benefit in respect of Covid 19

Date of Written Report:

11 September 2020

Written Report Author:

Senior Policy Officer

Written Report :

Public or Exempt?

 

Public

Subject: Variations to the Sickness Benefit in respect of Covid 19

Decision(s): Covid 19 Sickness Benefit was introduced (effective from 12 February 2020) to allow people to claim the standard rate of benefit via an online form if they need to self-isolate in line with public health advice as a result of the coronavirus pandemic. This Ministerial Decision makes a variation to the scheme which provides the basis for the collection and retention of sensitive personal information (medical data) and clarifies the duration of income support special payments paid in respect of the scheme.

Reason(s) for Decision:

1) Public Health are seeking to maximise the numbers of people who opt to take the PCR test rather than self-isolation and, to support this policy, the Minister for Social Security has decided that Sickness Benefit will not be made available to people who refuse a test without a valid reason. Therefore, the on-line form will be amended to collect information from the claimant by which they can declare the valid medical reason under which they refused a PCR test and wish to claim 14 days of Sickness Benefit.

 

2) The Minister has delegated the power to make exceptional payments available to her, under Article 8(2) of the Income Support (Jersey) Law 2007, to Determining Officers appointed under that Law.  A payment equivalent to of 21 days of STIA may be claimed by people who are entitled to Sickness Benefit but would not normally qualify for Short Term Incapacity Allowance (STIA) 

 

Resource Implications: There are no additional manpower or resource implications to the variations being applied.

 

Action required: Senior Policy Officer to inform the Group Director of Customer and Local Services and Deputy Medical Officer of Health that the scheme has been varied and to request that the required changes to the online application form (in respect of medical data collection) be made.

Signature:

 

 

Position:

Minister

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

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