Social Security (Contributions) (Amendment No. 15) (Jersey) Order 2013

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 27 June 2013:

Decision Reference: MD-S-2013-0059
Decision Summary Title :	Social Security (Contributions) (Amendment No. 15) (Jersey) Order 2013		Date of Decision Summary:	27 June 2013
Decision Summary Author:	Policy Principal		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	NA
Written Report Title :	WR_Social Security (Contributions) (Amendment No 15) (Jersey) Order 2013		Date of Written Report:	27 June 2013
Written Report Author:	Policy Principal		Written Report : Public or Exempt?	Public
Subject: Social Security (Contributions) (Amendment No. 15) (Jersey) Order 2013
Decision(s): The Minister made the Social Security (Contributions) (Amendment No. 15) (Jersey) Order 2013
Reason(s) for Decision: This Order repeals provisions in the Social Security (Contributions) (Jersey) Order 1975 that were introduced by the Social Security (Contributions) (Amendment No. 9) (Jersey) Order 2011. During 2011 substantial structural changes were made to the Social Security (Contributions) Order and the Social Security (Collection of Contributions) Order as part of the project to implement a contribution rate of 2% above the standard earnings ceiling. These changes came into force on 1 January 2012. Amendment No.9 came into force on 1 January 2012, a further amendment (Amendment No. 11) was made by the Minister with effect from 26 January 2012. This amendment created transitional provisions to maintain the previous treatment of benefits in kind prior to 1 January 2012 and not to implement paragraphs 5 to 9 and 11 of Schedule 1 (class one) nor parts of paragraph 2 of Schedule 2 (class two). These transitional arrangements have been maintained and renewed since that time and the current transitional provision will expire on 30 June 2013. The treatment of benefits in kind in 2012 and to date in 2013 has been undertaken using the same rules that applied immediately prior to 1 January 2012. In 2011 it was estimated that the new rate would produce additional contribution income of approximately £7 million in 2012. Actual income received has been just over £7 million, confirming the original estimate. In light of the confirmation of expected income, and the ongoing use of the previous rules in respect of benefit in kind without any difficulty, it is no longer necessary at this stage to include rules in respect of the detailed treatment of benefits in kind as set out in Amendment No.9.
Resource Implications: The Department has not identified any specific impact in respect of the ongoing use of the historical rules for the treatment of benefits in kind and the financial implications of reverting to these rules until the full review is complete will be minor. There are no manpower implications
Action required: Policy and Strategy Director to notify the Greffier of the States and the Law Draftsman that the Order has been made so that it may be notified to the States, and forward the signed and sealed Order immediately to the States Greffe for publication and archiving.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):