Social Security (Determination of claims and questions) (Jersey) Order 1974: Amendment

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 15 June 2010 to request the drafting of an amendment to the Social Security (Determination of claims and questions) (Jersey) Order 1974

Decision Reference: MD-S-2010-0025
Decision Summary Title :	DS - Amend Order to appoint Registrar		Date of Decision Summary:	11 June 2010
Decision Summary Author:	Policy Principal		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	WR - Amend Order to appoint Registrar		Date of Written Report:	11 June 2010
Written Report Author:	Policy Principal		Written Report : Public or Exempt?	Public
Subject: Social Security (Determination of claims and questions) (Jersey) Order, 1974 – proposed amendment.
Decision(s): The Minister decided to request the drafting of an amendment to the Social Security (Determination of claims and questions) (Jersey) Order, 1974, to enable the appointment of the ‘Registrar of Appeals and Tribunals’ who is an Officer of the Judicial Greffe.
Reason(s) for Decision: The Order, as currently drafted, requires the Minister to appoint a Registrar of Appeals who is an officer of a States administration for which the Minister has responsibility. To maintain the required independence of the appeals process from the Social Security Department, an Officer of the Judicial Greffe will fulfil the statutory requirement to support the registration and administration of independent tribunals and appeals in respect of Social Security benefits, Income Support, Health and Safety legislation and employment legislation. The existing administration role will be transferred to the Judicial Greffe and the relevant finances and manpower will be provided to the Judicial Greffe.
Resource Implications: There are no financial or manpower implications arising from the drafting instructions.
Action required: Policy Principal to forward instructions to the Law Draftsman.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Social Security (Determination of claims and questions) (Jersey) Order 1974: Amendment

LAW DRAFTING INSTRUCTIONS

The Minister’s intention is to amend the Social Security (Determination of claims and questions) (Jersey) Order 1974 to enable the Minister to appoint a Registrar of Appeals who is not an Officer of a States administration for which the Minister has responsibility, as the Order currently requires.

BACKGROUND

A number of appeals bodies and tribunals are established under Social Security, Income Support and Health and Safety legislation to hear independent appeals against decisions of the Social Security Department. The Jersey Employment Tribunal hears appeals against decisions of employers or other non-compliance by employers under the Employment Law and Employment Relations Law.

An administration service is currently provided by one individual under separate arrangements for the Employment Tribunal Secretary, the Employment Relations Registrar, and the Registrar of Social Security, Income Support, and Health and Safety Appeals. That individual has given notice of his intention to retire in July 2010.

In order to fulfil the statutory requirement to provide administrative support and to maintain independence from the Social Security Department, the administration role will be transferred to the Judicial Greffe, which already provides other comparable functions and services.

An Officer of the Judicial Greffe will take on this administrative responsibility from August 2010 and the Order must be amended to enable the Minister to officially appoint that Officer as Registrar, or Secretary, under each Law.

Amendment

Article 4 of the Social Security (Determination of claims and questions) (Jersey) Order 1974 states; ”The Minister shall appoint a Registrar of Appeals and one or more deputy Registrars of Appeals from among the officers in any administration of the States for which the Minister is assigned responsibility who shall perform such duties in connection with appeals under the law as the Minister may direct subject to the provisions of this order.”

The Order is referred to in other relevant legislation: The income support legislation defines the Registrar of Appeals as a person appointed under Article 4 of this Order, and the Invalid Care Allowance and Health Insurance legislation both refer to appeals to the Social Security Tribunal being in accordance with the procedures set out in this Order.

The Department believes that an amendment to Social Security (Determination of claims and questions) (Jersey) Order, 1974, is the only legislative change that is required to give immediate effect to the appointment of the Registrar of Appeals and Tribunals.

It is proposed that the Order is amended to substitute ‘the Judicial Greffier’ for all references to the Minister for Social Security, as well as amending the Order so that one or more Deputy Registrar of Appeals may be appointed. The Order as drafted implies that a Deputy must be appointed.

”The Minister Judicial Greffier shall appoint a Registrar of Appeals and , if required, one or more deputy Registrars of Appeals from among the officers in any administration of the States for which the Minister is assigned responsibility who shall perform such duties in connection with appeals under the law , as the Minister Judicial Greffier may direct subject to the provisions of this order.”