Income Support (Transitional Provisions) (Amendment No. 3) (Jersey) Order 2009.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (29/09/2009) regarding: Income Support (Transitional Provisions) (Amendment No. 3) (Jersey) Order 2009.

Decision Reference: MD-S-2009-0056
Decision Summary Title :	DS - Income Support (Transitional Provisions) (Amendment No 3) (Jersey) Order 2009		Date of Decision Summary:	29 September 2009
Decision Summary Author:	Policy and Strategy Director		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Income Support (Transitional Provisions) (Amendment No 3) (Jersey) Order 2009		Date of Written Report:	29 September 2009
Written Report Author:	Policy and Strategy Director		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Income Support (Transitional Provisions) (Amendment No 3) (Jersey) Order 2009
Decision(s): The Minister made the Income Support (Transitional Provisions) (Amendment No 3) (Jersey) Order 2009
Reason(s) for Decision: Following the agreement of funding through the Economic Stimulus programme for an extension of 100% protection, the dates on which the different phased reductions take place need to be amended. An additional provision needs to be added to the Transitional Order to provide a more appropriate means for one-off payments in respect of GP costs to individuals previously having HIE status, consistent with other legacy benefit protection.
Resource Implications: There are no manpower implications. The cost of extending transition is covered by the Economic Stimulus bid of £1.44 million. The cost of one-off payments for GP costs is provided for in the existing Income Support budget.
Action required: Policy and Strategy Director to notify the Greffe and the Law Draftsman that the Order has been made and forward the signed and sealed Order to the Greffe for notification to the States.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Income Support (Transitional Provisions) (Amendment No. 3) (Jersey) Order 2009.

Income Support (Transitional Provisions) (Amendment No. 3) (Jersey) Order 2009

Made

Coming into force

THE MINISTER FOR SOCIAL SECURITY, in pursuance of Articles 18 and 19 of the Income Support (Jersey) Law 2007, orders as follows –

1 Interpretation

In this Order “principal Order” means the Income Support (Transitional Provisions) (Jersey) Order 2008.

2 Article 5 amended

Article 5(2) of the principal Order shall be deleted.

3 Article 6 amended

Article 6(4) of the principal Order shall be deleted.

4 Article 7A inserted

After Article 7 of the principal Order there shall be inserted the following Article –

“7A Phasing out of protected payments

No protected payment is payable after –

(a) in the case of a household to which Article 6(3) applies, 30th September 2010;

(b) in the case of a household to which Article 6(5) applies, 30th June 2014;

(d) in the case of a household to which Article 6(9) applies, 30th June 2012; and

(e) in any other case, 30th June 2015.”.

5 Article 9A inserted

After Article 9 of the principal Order there shall be inserted the following Article –

“9A Payment in respect of medical services

(1) A payment may be made under this Article where –

(a) a member of a household, being in need of medical services, is provided with such services on or after 28th January 2008 but before 1st October 2010;

(b) at the time the services are provided, the household is eligible for a protected HIE payment; and

(c) a special payment has not been made under the Income Support (Special Payments) (Jersey) Regulations 2007 to defray the cost of the provision of the services.

(2) The amount of the payment that may be made under this Article in respect of the provision of medical services is whichever is the lesser of –

(a) the full cost of defraying the cost of the medical services; or

(b) such amount as represents a reasonable cost for those services.

(3) In this Article, “medical services” has the same meaning as in the Health Insurance (Jersey) Law 1967.”.

6 Schedule amended

For the table set out in the Schedule to the principal Order there shall be substituted the following table –

“1 Period	2 Percentage payable under Article 6(1)	3 Percentage payable under Article 6(5)	4 Percentage payable under Article 6(7)	5 Percentage payable under Article 6(9)
28th January 2008 to 30th September 2010	100	100	100	100
1st October 2010 to 30th June 2011	100	80	75	66
1st July 2011 to 30th June 2012	80	60	50	33
1st July 2012 to 30th June 2013	60	40	25	0
1st July 2013 to 30th June 2014	40	20	0	0
1st July 2014 to 30th June 2015	20	0	0	0”.

7 Citation and commencement

This Order may be cited as the Income Support (Transitional Provisions) (Amendment No. 3) (Jersey) Order 2009 and shall come into force on 1st October 2009.

Signed....................................................................

Date........................................................................

Minister for Social Security