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Maternity allowance claim - referral to Assistant Minister

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (09.03.07) to refer a maternity allowance claim to the Assistant Minister

 

 

Subject:

Maternity Allowance Claim – referral to Assistant Minister

Decision Reference:

MD-S-2007-0018

Exempt clause(s):

n/a

Type of Report:

(oral or written)

Oral

Person Giving Report (if oral):

David Rose

Telephone or

e-mail Meeting?

n/a

Report

File ref:

 

Written report – Title

 

Written report – Author

(name and job title)

 

Decision(s):

The Minister decided that the Assistant Minister for Social Security should consider a claim for Maternity Allowance which has been disallowed by Officers of the Social Security Department in accordance with the provisions of the Social Security (Jersey) Law 1974 and for him to decide whether, from all the available information, an ex-gratia payment should be made.

Reason(s) for decision:

A person had claimed Maternity Allowance but had been disallowed by Officers of the Social Security Department as they had not paid the necessary contributions for the relevant period in accordance with the provisions of the Social Security (Jersey) Law 1974. The claimant was dissatisfied with this decision and asked that her case be put before the Minister for Social Security in order that further consideration could be given to her case.

The Minister for Social Security being aware that under the Committee system ex-gratia payments had been made in a limited number of cases to people who had paid Social Security contributions found it appropriate that the matter received further consideration. However, the Minister also became aware that he knew the claimant’s partner on a social basis and requested that the matter be referred to the Assistant Minister for Social Security, Deputy Peter Troy, and that the case be anonymised.

Action required:

For Officers of the Social Security Department to advise the Assistant Minister on the circumstances of the case in question and the provisions of the Social Security (Jersey) Law 1974.

The Assistant Minister to consider whether sufficient circumstances are present to justify the award of an ex-gratia payment.

Signature:

Senator P. F. Routier - Minister

Date of Decision:

8 March 2007

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