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Social Security (Claims and Payments) (Jersey) Order 1974: Home Carer's Allowance: Evidence Time Limits

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 3 January 2013:

Decision Reference:MD-S-2013-0001

Decision Summary Title :

Home Carer’s Allowance time limits for evidence

Date of Decision Summary:

03 January 2013

Decision Summary Author:

 

Pensions and Health Manager

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Home Carer’s Allowance time limits for evidence

Date of Written Report:

02 January 2013

Written Report Author:

Pensions and Health Manager

Written Report :

Public or Exempt?

 

Public

Subject: Social Security (Claims and Payments) (Jersey) Order 1974 – Time Limits for evidence when obtaining Home Carer’s Allowance.

Decision(s):The Minister has decided that a four week time limit will apply for the submission of evidence to obtain payment of the Home Carer’s Allowance under Article 15(1) of the Social Security (Claims and Payments) (Jersey) Order 1974.

Reason(s) for Decision:  The States approved the Social Security (Amendment of Law No.4) (Jersey) Regulations 2012 on 6 December 2012. The regulations created a new benefit – Home Carer’s Allowance – within the Social Security Law.

 

Article 15(1) of the Social Security (Claims and Payments) (Jersey) Order 1974 provides that benefit claimants must furnish such evidence as is required in such manner and at such times as the Minister may determine. The Minister has determined that, as a condition on which any sums of Home Carer’s Allowance are payable, where the Social Security Department has requested any evidence (such as certificates, documents, information or facts) to substantiate a claim for Home Carer’s Allowance, a four week time limit will apply within which that evidence must be submitted to the Department. This allows Home Carer’s Allowance claims to be closed if verification is not provided by a claimant within a four week period of time following the Department’s request for that evidence.

Resource Implications: None

 

Action required: Pensions and Health Manager to advise relevant Social Security Officers of this decision.

Signature:

 

 

Position:

 

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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