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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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):

 

Hide report
Sickness Benefit in respect of Covid-19: Variations

Variations to the Sickness Benefit in respect of Covid-19

Background

 

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.  Claimants are not required to consult with their GP or provide a medical certificate and this has enabled speedy access to financial support, offered an incentive to comply with public health advice and allowed benefit to be accessed without GP certification at a time when it is important to protect primary care capacity. 

Self-isolation is a key tool to reduce the spread of coronavirus, at the heart of the Government of Jersey’s ‘Delay, Contain and Shield’ strategy[i]. 

The benefit is available to people who are isolating because;

  • they have tested positive for coronavirus (as confirmed by environmental health), or
  • showed symptoms consistent with Public Health advice to self-isolate, or
  • live in a household with people who have tested positive and could be incubating the virus
  • have recently returned from travel abroad and are following public health advice to self-isolate

The scheme has been established as a temporary measure to support the Island’s response to Coronavirus.  It is enabled by

  • payments from the Social Security Fund, as Short-term Incapacity Allowance, payable under Article 15 of the Social Security (Jersey) Law 1974, using the provisions of Article 12(7) of the Social Security (General Benefit) (Jersey) Order 1975 and Article 2(1)(b) of the Social Security (Medical Certification) (Jersey) Order 1974 to vary the evidence required to make the benefit payable and,
  • in cases where there is an inadequate social security contribution record, Special Payments under Article 8(2) of the Income Support (Jersey) Law 2007[1]. 

The scheme has been maintained in a series of Ministerial Decisions

         MD-S-2020-0010 (signed 24/02/20)

With reference to the Social Security (Medical Certification) (Jersey) Order 1974, Article 2 (1) (b) and advice issued by the Deputy Medical Officer of Health, the Minister for Social Security approved the Sickness Benefit  scheme to consider applications for Short Term Incapacity Allowance without a medical certificate, using alternative forms of evidence to reduce the risk of transmission of Covid19. 

 

         MD-S-2020-0017 (signed 23/03/20)

In addition to existing ministerial delegations the Minister for Social Security made further to delegations in response to Covid19  to enable determining officers under Article 8(2) of the Income Support Jersey Law 2007 to make income support special payments equivalent in value for up to 14 days Short term Incapacity Allowance to sickness benefit claimants

The delegations were to remain  in force for three months from the date of the decision, subject to review or extension by the Minister.

         MD-S-2020-0027 (signed 13/06/20)

Eligibility criteria for Sickness benefit was adapted in light of changes to Public Health advice and the value of the Income Support Special payments, delegated to Determining Officers under Article 8(2) of the income support law, were extended from 14 days to 21 days, change effective from 28/03/20.

 

         MD-S-2020 0036 (signed 23/6/2020)

Delegations were extended for a further three months and the ability of the Determining Officer to make special payments under Article 8(2) of the Income Support Jersey Law 2007 was given as a value equivalent to 14 days Short Term Incapacity Allowance.

 

 

This Ministerial decision makes a further variation to the scheme and provides the basis for the collection and retention of sensitive personal information (medical data) and further clarifies the duration of the special payment made under Article 8 (2) of the Income Support Law.

 

2. Collection of personal sensitive data

Over time the capacity of jurisdictions to offer PCR tests for Covid-19 has improved dramatically.  All travellers arriving in Jersey may access PCR tests and those who refuse a test are required to self isolate for a period of 14 days.  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.

Valid medical reasons will include people who have physical conditions affecting their nose and throat so that they can not tolerate the test and mental health conditions including learning disabilities that render the test, and close physical contact too distressing.

Therefore the on-line form will be amended to collect information from the claimant by which they can declare and evidence the valid medical reason under which they refuse a PCR test and wish to claim 14 days of Sickness Benefit.

This information will be collected via an online form in the Granicus platform (M&D's primary online form platform). Upon submission information will be automatically and securely passed to Customer and Local Services.  Claimants will also be invited to provide supporting evidence of the valid medical reason.

 

 

2. Duration of benefit: Special Payments

 

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.  It is intended that this should allow the maximum value of 21 days of STIA to be made, under ministerial guidance, to people who would not normally qualify for Short Term Incapacity Allowance (STIA).  

 

 

[1] Further information is available in Ministerial Decisions 10/2020, 17/2020 and 27/2020

[i] Having successfully achieved the primary goal of delaying the spread of coronavirus, the focus has shifted to maintaining low case numbers in Jersey.  Therefore, in June the term ‘delay’ was replaced with ‘suppress’.

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