Regulation of Care (Fees) (Jersey) Order 2022

Article

1                 Interpretation. 3

2                 Fees for application for registration as provider or manager. 3

3                 Annual fees – care services. 4

4                 Health or social care services for, or in respect of, children and young people – annual fees where regulated activity carried on by a Minister. 6

5                 Health or social care services for, or in respect of, children and young people – annual fees where regulated activity carried on by other providers. 6

6                 Annual fees in respect of application for registration on, or after, 1st April 9

7                 Other fees payable. 10

8                 Repeal 10

9                 Citation and commencement. 10

 

Regulation of Care (Fees) (Jersey) Order 2022

Made                                                                                            20th December 2022

Coming into force                                                                           1st January 2023

1        Interpretation

In this Order –

“Law” means the Regulation of Care (Jersey) Law 2014;

“service user” has the same definition as in the Regulation of Care (Standards and Requirements) (Jersey) Regulations 2018.

2        Fees for application for registration as provider or manager

(1)     The Table in this paragraph sets out the fees payable for each application for registration as provider (column 2) or manager (column 3) in respect of a regulated activity specified under Part 2 of Schedule 1 to the Law (column 1).

 

(2)     The Table in this paragraph sets out the fees payable for each application for registration as provider (column 2) or manager (column 3) in respect of a regulated activity specified under Part 3 of Schedule 1 to the Law (column 1).

 

3        Annual fees – care services

(1)     The Table in this paragraph sets out the annual fees (column 3) payable by the categories of providers (column 2) carrying on a regulated activity specified under Part 2 of Schedule 1 to the Law (column 1).

 

 

(2)     In the Table in paragraph (1) –

(a)     “small provider of a charity care home service” means a provider –

(i)      that is a registered charity as defined in the Charities (Jersey) Law 2014,

(ii)      that has no more than 10 beds in total available for use as part of the care home service,

(iii)     whose sole activity is the provision of a care home service,

(iv)     that charges fees to its service users that are no more than the fees that would be charged for long-term care services under the Long-Term Care (Health and Social Services Charges) (Jersey) Law 2014 for each such service user,

(v)     that does not charge its service users for any supplementary or top-up services, and

(vi)     that does not hold any contract for services with, nor receive any form of grant or aid from, any administration of the States of Jersey;

(b)     a home care service that is described as a –

“small provider” means a provider that provides an aggregate amount of care to all its service users of not more than 112 hours in any week;

“medium provider” means a provider that provides an aggregate amount of care to all its service users of more than 112 hours but not more than 600 hours in any week;

“medium plus provider” means a provider that provides an aggregate amount of care to all its service users of more than 600 hours but not more than 2,250 hours in any week;

“large provider” means a provider that provides an aggregate amount of care to all its service users of more than 2,250 hours in any week.

4        Health or social care services for, or in respect of, children and young people – annual fees where regulated activity carried on by a Minister

(1)     This Article applies where a regulated activity specified under Part 3 of Schedule 1 to the Law is carried on by a Minister.

(2)     The annual fee payable in respect of the regulated activity is 0.9% of the total annual budget allocated to that regulated activity for the 2023 financial year, under the government plan approved by the States in accordance with the Public Finances (Jersey) Law 2019 (the “Public Finances Law”).

(3)     In this Article, “financial year” and “government plan” have the definitions given in the Public Finances Law.

5        Health or social care services for, or in respect of, children and young people – annual fees where regulated activity carried on by other providers

(1)     This Article applies where a regulated activity specified under Part 3 of Schedule 1 to the Law is carried on by a provider other than a Minister.

(2)     The Table in this paragraph sets out the annual fees (column 3) payable by the categories of providers (column 2) carrying on a regulated activity specified under Part 3 of Schedule 1 to the Law (column 1).

 

(3)     In this Article –

“employee” has the definition given in Article 1A of the Employment (Jersey) Law 2003;

“full-time employee” means an employee who works more than 27 hours per week;

“full-time equivalent employee” in relation to an employee who works –

(a)     not more than 9 hours per week, means 0.25 of a full-time employee’s hours per week;

(b)     more than 9 hours but not more than 18 hours per week, means 0.50 of a full-time employee’s hours per week;

(c)     more than 18 hours but not more than 27 hours per week, means 0.75 of a full-time employee’s hours per week;

“small provider of a charitable child contact centre service” means a provider –

(a)     that is a registered charity defined in the Charities (Jersey) Law 2014;

(b)     that facilitates contact for not more than 10 children at any one time;

(c)     whose sole activity is the provision of a child contact centre service;

(d)     that does not charge its service users; and

(e)     that does not hold any contract for services with, nor receive any form of grant or aid from, any administration of the States of Jersey.

(4)     In relation to the regulated activities numbered 1 to 4 in column 1 of the Table in paragraph (2) –

“small provider” means a provider that employs one to 2 full-time equivalent employees;

“medium provider” means a provider that employs 3 to 5 full-time equivalent employees;

“medium plus provider” means a provider that employs 6 to 10 full-time equivalent employees;

“large provider” means a provider that employs 11 or more full-time equivalent employees.

(5)     For the purposes of paragraph (4) the number of employees employed by a provider is the number so employed –

(a)     as at the date of the provider’s application for registration under Article 4 of the Law; or

(b)     as at 31st January each year being the date by which the annual fee must be paid in accordance with Regulation 3 of the Regulation of Care (Standards and Requirements) (Jersey) Regulations 2018.

(6)     In relation to a children and family community nursing service referred to in column 1 (last 4 entries) of the Table in paragraph (2) –

“small provider” means a provider that provides an aggregate amount of care to all its service users of not more than 112 hours in any week;

“medium provider” means a provider that provides an aggregate amount of care to all its service users of more than 112 hours but not more than 600 hours in any week;

“medium plus provider” means a provider that provides an aggregate amount of care to all its service users of more than 600 hours but not more than 2,250 hours in any week;

“large provider” means a provider that provides an aggregate amount of care to all its service users of more than 2,250 hours in any week.

6        Annual fees in respect of application for registration on, or after, 1st April

If a provider is registered on, or after, 1st April in any year, the annual fee payable under Article 3, 4 or 5 is as follows –

(a)     where the application is received between 1st April and 30th June, 75% of the fee otherwise payable but for this Article;

(b)     where the application is received between 1st July and 30th September, 50% of the fee otherwise payable but for this Article; and

(c)     where the application is received between 1st October and 31st December, 25% of the fee otherwise payable but for this Article.

7        Other fees payable

The Table in this Article sets out the other fees payable under the Law.

 

8        Repeal

The Regulation of Care (Fees) (Jersey) Order 2018 is repealed.

9        Citation and commencement

This Order may be cited as the Regulation of Care (Fees) (Jersey) Order 2022 and comes into force immediately after the coming into force of the Regulation of Care (Standards and Requirements) (Amendment) (Jersey) Regulations 2022.

Deputy J. Renouf of St. Brelade

Minister for the Environment