Social Security (Contributions) (Amendment No.12) (Jersey) Order 2012

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 22 June 2012:

Decision Reference: MD-S-2012-0049
Decision Summary Title :	DS – Social Security (Contributions) (Amendment No. 12) (Jersey) Order 201-.		Date of Decision Summary:	20 June 2012
Decision Summary Author:	Strategy and Policy Director		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	WR - Social Security (Contributions) (Amendment No. 12) (Jersey) Order 201-.		Date of Written Report:	20 June 2012
Written Report Author:	Strategy and Policy Director		Written Report : Public or Exempt?	Public
Subject: Social Security (Contributions) (Amendment No. 12) (Jersey) Order 201-.
Decision(s): The Minister made the Social Security (Contributions) (Amendment No. 12) (Jersey) Order 201-.
Reason(s) for Decision: Amendments to various Orders made under the Social Security (Jersey) Law 1974 were required to support and reflect the changes to primary legislation that introduced contributions above the previous earnings limit from 1 January 2012. Rather than implement extensive changes at the same time, and to allow for greater consultation with businesses, the Social Security (Contributions) (Amendment No. 11) (Jersey) Order 2012 created transitional arrangements so that, for the first half of 2012, benefits in kind would continue to be taken into account and valued in the same way as they were taken into account in 2011 when they form part of a Class 1 insured person’s earnings or a Class 2 insured person’s income from self-employment. This further Order extends the transitional period to the end of 2012. This extension will ensure that the possible impacts on local businesses of the proposed changes have been fully considered. It will also allow employers additional time to prepare for the revised rules which will be introduced in January, at a time when many businesses are less busy, compared to the summer months.
Resource Implications: There are no specific financial or manpower implications in respect of this Order. The overall impact of the increased contributions will be a reduction in the States Grant of approximately £7 million in 2012. The Social Security Fund will meet the cost of the required increase in staffing of up to 5 FTE for the administration of class 2 contributors and other administration costs.
Action required: Strategy and Policy Director to notify the Greffe and the Law Draftsman that the Order has been made and to forward the signed and sealed Order to the States Greffe, requesting the Greffier of the States to arrange for the Order to be notified to the States.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):