Consideration of remuneration for Income Support and Social Security Tribunals
Introduction
The Income Support and Social Security legislation provides for Tribunal members to be given such remuneration and expenses as the Minister may determine 1 . This includes the Income Support Medical Appeal Tribunal which hears appeals regarding award of the Impairment Component and the Social Security Tribunal which hears appeals on all other matters of Income Support as well as social security matters. Members of the Social Security Medical Appeal Tribunal 2 which hears appeals on Long Term Incapacity Allowance already receive an hourly rate of remuneration. However as the members are medical practitioners who may also sit on the Income Support Medical Appeal Tribunal, it is reasonable to have one system of remuneration.
In 2008, the Minister considered and agreed the principle of remuneration. Tribunals had traditionally been an honorary service but recruitment of new members, particularly professionals, was difficult without some remuneration. In addition, a precedent had been set by the Employment Tribunal which already remunerates all panel members.
The Minister consulted the Bailiff on the level of remuneration for the Legal Chair to ensure appropriate levels when compared to other Tribunals and Courts.
This paper proposes remuneration levels for Income Support and Social Security Tribunal members.
Levels of Remuneration for the Chair
The Bailiff considered that the honorary tradition should be preserved where possible but acknowledged that there would be some limitation on time for people and so remuneration was appropriate. He further commented that fees paid should bear a proper relationship to other courts and tribunals and noted that the Income Support and Social Security Tribunals have powers akin to the UK’s Social Security and Child Support Tribunal. Therefore it is proposed that remuneration for the Chair(s) of the Jersey Tribunals is based on that UK rate, but with a 10% Jersey weighting.
The level of remuneration is set to include preparation time and completion of decision-summary.
Levels of remuneration for other panel members
The Income Support Medical Appeal Tribunal includes a Medical Practitioner. Primary Care in Jersey is private practice and so if a doctor is not available to see patients, he is unable to generate income 3 . It is reasonable to propose remuneration at the same rate as the Chair. For both professions, the rate is less than they would expect to generate in their normal business.
The Employment Tribunal has a structured remuneration for lay members and it is proposed that this rate is used for lay members in the Social Security and Income Support Tribunals. It should be noted that the higher “Professional” rate is only paid where the member is required to be of a profession. If, for example a doctor were to sit on a panel as a lay member, he would receive the lay member rate.
Proposed rates
Tribunal | Constitution | Remuneration daily rate |
Social Security Tribunal | Legal Chair 2 lay members | £440 £102.01 |
Social Security Medical Appeal Tribunal | 3 Medical Practitioners | £440 |
Income Support Medical Appeal Tribunal | Legal Chair/Deputy Chair 1 medical practitioner 1 lay member | £440 £440 £102.01 |
The Tribunals normally sit for half day sessions and are paid pro rata. The remuneration is to cover any preparation to hear the appeal and completion of the Tribunal decision which must be in writing.
Costs
There were 10 appeals in 2008 which, on the proposed rates would have cost circa £5,000. There have been 3 appeals this year as at 12 March 2009. It is possible that the number of appeals will rise in 2009 as claimants become more familiar with Income Support and the Appeals process. However, the process of undertaking a second determination on claims prior to appeal undoubtedly reduces the number of claimants who do go on to a full appeal.
The table below shows the estimated number of appeals and type in 2009. It is assumed that the Tribunals will be held in half day sessions.
Tribunal | No. of appeals | Daily cost | Annual cost |
Social Security Tribunal | 20 | £644 | £6,440 |
Social Security Tribunal (bound to fail)4 | 10 | £440 | £2,200 |
Social Security Medical Appeal | 5 | £1,320 | £3,300 |
Income Support Medical Appeal | 5 | £982 | £2,455 |
The total cost estimate for 2009 is £15,000.
Review of rates
Rates should be reviewed annually with any increase to be considered with reference to the Earnings Index and rates for other Tribunals and Courts.
Recommendations
It is recommended that the Minister agree the proposed rates of remuneration for Tribunal members, paid on a pro rata basis for daily rates.
1 Article 15 of the Income Support (Jersey) Law 2007 & Article 33A of the Social Security (Jersey) Law 1974
2 the Tribunal consists of 3 medical practitioners
3 only one general practitioner came forward, others expressed an interest but required assurance of income maintenance before putting theirs names forward.
4 These are reviewed by the Chair alone where considered legislation is clear that appeal would not be successful
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