Income Support (General Provisions) (Amendment No. 20) (Jersey) Order 2017

Made                                                                           30th June 2017

Coming into force                                                            1st July 2017

THE MINISTER FOR SOCIAL SECURITY, in pursuance of Articles 5 and 18 of the Income Support (Jersey) Law 2007[1], orders as follows –

1        Interpretation

In this Order “principal Order” means the Income Support (General Provisions) (Jersey) Order 2008[2].

2        Long title amended

In the long title of the principal Order, after the words “Articles 2, 4,” there shall be inserted the word “5,”.

3        Article 1 amended

In Article 1(1) of the principal Order, after the definition “approved care home” there shall be inserted the following definition –

“ ‘approved registered person’ shall be construed in accordance with Article 5B;”.

4        Part 2A inserted

After Part 2 of the principal Order there shall be inserted the following Part –

“PART 2A

Assessments of IMPAIRMENT and APPROVAL OF care packages

5A     Assessment of impairment and approval of care packages

(1)     Where the Minister requires an assessment to be made for the purpose of ascertaining the nature and degree of a person’s physical, sensory or mental impairment, or approval to be given of a care package in respect of a person’s physical, sensory or mental impairment, or both, under Article 5(3A) of the Law, the assessment shall be made or approval shall be given by an approved registered person.

(2)     A determining officer shall notify the person referred to in paragraph (1) in writing –

(a)     of the outcome of an assessment and decision regarding approval under paragraph (1), and the reasons for the assessment or decision;

(b)     of, where applicable, the arrangements, or change in arrangements, comprised in the care package that has been approved as being suitable for the person;

(c)     of the person’s right to a reassessment of the assessment or decision regarding approval and the time within which an application for reassessment must be made under paragraph (3); and

(d)     that if an application for a reassessment of the assessment or decision regarding approval is not made within the time referred to in sub-paragraph (c), there is no further right of appeal.

(3)     If a person referred to in paragraph (1) is dissatisfied with an assessment or decision regarding approval under paragraph (1), the person may, no later than 21 days after receipt of the notification of the outcome of the assessment or decision regarding approval, make an application to a determining officer for a reassessment of the assessment or decision regarding approval.

(4)     An application under paragraph (3) must set out the reasons for applying for a reassessment of the assessment or decision regarding approval.

(5)     A reassessment of an assessment or decision regarding approval following an application under paragraph (3) shall be made by an approved registered person other than the approved registered person who made the assessment or decision regarding approval.

(6)     A determining officer shall notify, in writing, the person who made the application under paragraph (3) of –

(a)     the reassessment of the assessment or decision regarding approval and the reasons for the reassessment; and

(b)     the person’s right to a review on medical grounds by the Medical Appeal Tribunal under paragraph (7).

(7)     A person aggrieved by a reassessment under this Article shall have the right to a review on medical grounds by the Medical Appeal Tribunal constituted under Article 15 of that reassessment under Part 7.

5B     Approved registered person

(1)     The following persons may apply to the Minister for approval as an approved registered person –

(a)     a nurse;

(b)     a social worker;

(c)     an occupational therapist;

(d)     a medical practitioner.

(2)     An application under paragraph (1) must –

(a)     be made to the Minister on a form approved by the Minister, or in such other manner as the Minister may accept as sufficient in the circumstances of the case; and

(b)     be accompanied by such information, documents and evidence as the Minister requires for the purpose of enabling the application to be determined.

(3)     On receiving an application under paragraph (1), the Minister may –

(a)     subject to paragraph (4), grant the application; or

(b)     refuse the application,

and shall notify the applicant in writing of the decision under sub-paragraph (a) or (b) with reasons.

(4)     The Minister shall not grant an application under paragraph (3) unless he or she is satisfied that –

(a)     the person, if a nurse, social worker or occupational therapist, is registered as such under the Health Care (Registration) (Jersey) Law 1995[3];

(b)     the person, if a medical practitioner, is registered as such under the Medical Practitioners (Registration) (Jersey) Law 1960[4]; and

(c)     the person is competent to make the assessments, or to give the approvals, referred to in Article 5(3A) of the Law.

(5)     A person whose application has been granted under paragraph (3)(a) shall have the status of an approved registered person.

(6)     A person’s status as an approved registered person under paragraph (5) is suspended if –

(a)     the person’s name is removed from the register under Article 8 of the Health Care (Registration) (Jersey) Law 1995;

(b)     registration of the person under the Health Care (Registration) (Jersey) Law 1995 is cancelled under Article 10 of that Law; or

(c)     registration of the person under the Medical Practitioners (Registration) (Jersey) Law 1960 is cancelled under Article 9 of that Law or suspended under Article 10 of that Law.

(7)     If, following a suspension of a person’s status as an approved registered person under paragraph (6) –

(a)     the person’s name is restored to the register under Article 8(4) of the Health Care (Registration) (Jersey) Law 1995;

(b)     the order for cancellation of the person’s registration is rescinded under Article 10(3) of the Health Care (Registration) (Jersey) Law 1995; or

(c)     registration of the person under the Medical Practitioners (Registration) (Jersey) Law 1960 is restored or is no longer cancelled or suspended under that Law,

the suspension under paragraph (6) no longer applies and the person’s status is restored as an approved registered person.

(8)     If, following a decision to grant an application under paragraph (3)(a), the Minister determines that the person is no longer competent to make assessments, or to give approvals, required pursuant to Article 5(3A) of the Law, the Minister shall notify the person in writing of the Minister’s determination with reasons and, from the date specified in that notification, subject to paragraph (12), the person shall no longer have the status of an approved registered person.

(9)     A notification of a decision to refuse an application under paragraph (3)(b) or of a determination under paragraph (8) shall be made only after consideration of any objections or representations made in accordance with paragraph (10)(b).

(10)    Before giving notification under paragraph (3)(b) or (8), as the case may be, the Minister must serve notice on the person –

(a)     giving the Minister’s reasons for the Minister’s proposed refusal or determination; and

(b)     stating that within such period as may be specified in the notice (not being less than 21 days beginning with the date of service of the notice) the person on whom it is served may make objections or representations in writing to the Minister concerning the proposal.

(11)    If a person is aggrieved by –

(a)     a decision of the Minister under paragraph (3); or

(b)     a determination under paragraph (8),

the person may appeal to the Royal Court no later than 28 days after the date of the notification of the decision or determination, as the case may be, on the ground that the decision or determination of the Minister was unreasonable having regard to all the circumstances of the case.

(12)    Unless the Royal Court so orders, the lodging of an appeal shall not operate to stay the effect of a decision under paragraph (3) or a determination under paragraph (8) pending determination of the appeal.

(13)    On hearing an appeal under this Article, the Royal Court may confirm, reverse or vary the Minister’s decision or determination, or remit the decision or determination to the Minister with such directions as the Royal Court thinks appropriate.

(14)    The decision of the Royal Court on hearing an appeal under this Article shall be final and without further appeal.”.

5        Article 7 amended

In Article 7 of the principal Order –

(a)     in paragraph (2), before the words “Where the claim may entitle” there shall be added the words “Subject to paragraph (3),”;

(b)     after paragraph (2) there shall be inserted the following paragraph –

“(3)    Paragraph (2) shall not apply to a claim for entitlement of a household to the personal care element in respect of a member of the household referred to in paragraph 6(1)(d) of Schedule 1 to the Income Support (Jersey) Regulations 2007[5].”.

6        Article 14 amended

In Article 14(1) of the principal Order, after the words “Article 12(2)” there shall be inserted the words “or a person dissatisfied with a reassessment under Article 5A”.

7        Article 18 amended

In Article 18 of the principal Order, after paragraph (8) there shall be added the following paragraph –

“(9)    The decision of the Royal Court on hearing an appeal under this Article shall be final and without further appeal.”.

8        Citation and commencement

This Order may be cited as the Income Support (General Provisions) (Amendment No. 20) (Jersey) Order 2017 and shall come into force on 1st July 2017.

deputy s.j. pinel of st. clement

Minister for Social Security

 


 



[1]                                    chapter 26.550

[2]                                    chapter 26.550.20

[3]                                    chapter 20.300

[4]                                    chapter 20.600

[5]                                    chapter 26.550.30


Page Last Updated: 06 Jul 2017