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Social Security Ministerial Discretion: Payment to students in response to the Covid-19 (Coronavirus) pandemic

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 1 December 2020

Decision Reference:  MD-S-2020-0081

Decision Summary Title :

Social Security Ministerial Discretion Students

Date of Decision Summary:

23 November 2020

Decision Summary Author:

Senior Policy Officer

Decision Summary:

Public or Exempt?

public

Type of Report:

Written

Person Giving

NA

Written Report

Title :

Social Security Ministerial Discretion Students

Date of Written Report:

23 November 2020

Written Report Author:

Senior Policy Officer

Written Report:

Public or Exempt?

public

Subject: Social Security Ministerial Discretion payment to students in response to the Covid19 (Coronavirus) pandemic

Decision(s): The Minister decided to review and extend the terms of a decision issued as MD-S-2020-0021. Some students have been forced to return to Jersey early from their accommodation outside the Island because of the Covid-19 (Coronavirus) pandemic. Despite this, students will have financial commitments in the form of rent to pay outside the Island. Normally, students would not be eligible for the adult component of Income Support in a week where they qualify for an educational maintenance grant. Based on advice from the Children, Young People, Education and Skills Department (CYPES) the Minister has decided that the situation of these students is an exceptional one and will pay the students the equivalent of the adult component whilst they are back in Jersey.

Some students will be unable to return to the Island during the holidays and will remain in their accommodation outside the Island. They would also not normally be eligible for the Income Support adult component, as it is not payable off-Island, but the Minister has decided that these students can be included in their parents’ households.

Subject to a Determining Officer reviewing the individual circumstances of each household, to confirm that the student does have costs outside the island, the Minister has decided to make a discretionary payment to each affected household under Article 8 (2) of the Income Support (Jersey) Law 2007.

Each case will be subject to individual review by a Determining Officer, and the payments will cease if the student’s situation changes.

Reason(s) for Decision: The normal movements of students have been heavily affected by the current pandemic. Therefore, the Minister, in accordance with Article 8(2) of the Income Support (Jersey) Law 2007 approved payment under Income Support Ministerial Discretion to pay the adult component in respect of them.

Resource Implications: £99.61 a week per student, subject to ongoing review. For up to 53 students (estimated maximum) £5279.33 a week. Based on the possibility of up to 8 weeks of payments, an estimate potential cost of £42,234.64. This will be reviewed in December.

Action required: Senior Policy Officer to notify Customer & Local Services Manager to make payment

Signature:

 

 

Position:

Social Security Minister

 

Date Signed: 07 April 2020

 

 

Date of Decision (If different from Date Signed):

 

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