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Short Term Incapacity Allowance: Application Scheme Coronavirus

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 24 February 2020

Decision Reference:  MD-S-2020-0010

Decision Summary Title :

DS_Application Scheme for STIA IRO Covid19

Date of Decision Summary:

14 February 2020

Decision Summary Author:

Policy Principal

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

NA

Written Report

Title :

WR­_Application Scheme for STIA IRO Covid19

Date of Written Report:

14 February 2020

Written Report Author:

Senior Policy Officer

Written Report :

Public or Exempt?

 

Public

Subject: Applications for Short Term Incapacity Allowance and public health advice to self-isolate to reduce the risk of transmission of Covid19 (Coronavirus).

Decision(s): 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 has approved a scheme to consider applications for Short Term Incapacity Allowance without a medical certificate and using alternative forms of evidence.

Reason(s) for Decision: The Deputy Medical Officer of Health has requested that the requirement for a person to present a medical certificate to Customer and Local Services when making a claim for Short Term Incapacity Allowance is suspended but only where a claim is made in response to advice to self-isolate to reduce the risk of transmission of Covid19. 

Resource Implications: A process to consider an alternative form of evidence will have no financial impact. Resource to implement the scheme will be provided by Customer and Local Services from existing capacity.

 

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 approved.

Signature:

 

 

Position:

Minister

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

Hide report
Short Term Incapacity Allowance: Application Scheme Coronavirus

Temporary Application Scheme for Short Term Incapacity Allowance following Government Advice to Self-Isolate

 

Background

The Government of Jersey has issued advice requesting people who have been to countries where there are known breakouts of Covid19 (Coronavirus)  to self-isolate.  The advice, including the countries of interest,  is shown below.  

Travellers arriving in Jersey from mainland China should self-isolate for 14 days after their arrival, whether or not they have symptoms.

Travellers arriving from mainland China who have symptoms should self-isolate and seek immediate medical advice.

Anyone arriving from mainland China, Thailand, Japan, Republic of Korea, Hong Kong, Taiwan, Singapore, Malaysia or Macau in the last 14 days who is experiencing cough or fever or shortness of breath, should stay indoors and call their GP, even if symptoms are mild.

These areas have been identified because of the volume of air travel from affected areas, understanding of other travel routes and the number of reported cases.

This advice has been issued by the Deputy Medical Officer of Health and echoes the advice given in the UK.  The countries highlighted may change over time.

The Deputy Medical Officer of Health has requested that the requirement for a person to present a medical certificate to Customer and Local Services when making a claim for Short Term Incapacity Allowance in response to the advice to self-isolate is suspended.  This is to ensure that people who are returning from high risk countries do not  spread the virus when making a visit to their General Practice for a medical certificate.

Health Insurance Law and Medical Certification

Short Term Incapacity Allowance may be claimed by eligible residents who have made sufficient contributions to the Social Security Fund and have evidence of being incapacitated from work.  This evidence takes the form of a medical certificate issued and endorsed by a medical practitioner. The requirement for a medical certificate is given in the Social Security (Medical Certification) (Jersey) Order 1974. However, this Order also creates the powers for the Determining Authority to consider other evidence dependent on the circumstance of the case. (Please see 2 (1) (b) below).

2        Evidence of incapacity and confinement[4]

(1)     Every person claiming short term incapacity allowance shall furnish evidence of incapacity, in respect of the day or days for which the claim is made –

(a)     in the form set out in Part B of Schedule 1; or

(b)     by such other means as the determining authority may accept as sufficient in the circumstances of any particular case or class of cases.

 

Temporary Application Scheme

People who are following Government of Jersey advice to self-isolate, having recently returned from a high-risk country will be able to apply for Short Term Incapacity Allowance by sending evidence of their recent movements to Customer and Local Services.  Accepted evidence will include E-tickets or photographs and scans of similar travel documentation.  This documentation must show the name of the traveller, date of travel and the country. This information must be sent electronically to a designated Mail Box.  The claim will be valid for two weeks, starting with the date of the applicants return to Jersey and will be paid at the normal rates according to the standard rules of the STIA benefit.

The Minister will consider further requirements regarding self-isolation should additional advice be issued. (For example, a requirement to isolate people who live with the person who has returned from a high-risk country, or a requirement to isolate people who have been in contact with a person who has developed symptoms).

This scheme will be maintained while public health advice requiring self-isolation is in place.

Information about the Temporary Application Scheme will be issued by Customer and Local Services to islanders and employers and will be repeated alongside public health advice.

 

Conclusion

In recognition of the serious threat posed by Covid19 to islander’s health and the wider implications for the island should the virus spread, the Minister for Social Security will introduce a temporary scheme where claimants entitlement for STIA will be assessed with reference to travel documents and other such evidence which demonstrates that they should comply with public health advice to self-isolate. This scheme will enable people to stay at home and reduce the risk that infection is transmitted to the wider population.

This scheme will only be in place while public health advice to self-isolate is maintained and will be varied, if necessary, to support developments to the advice issued by the Deputy Medical Officer of Health.

 

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