Income Support (Jersey) Regulations 2007

Arrangement

Regulation

introductory   3

1             Interpretation. 3

work requirements  5

2             Full time work. 5

3             Remunerative work. 5

4             Availability for work. 6

5             Actively seeking work. 6

components and rates of income support  6

6             Components and rates of income support 6

miscellaneous provisions  7

7             Article 3 of Law amended. 7

8             Article 5 of Law amended. 7

9             Amendments consequential on the introduction of GST. 7

10           Citation and commencement 7

 


part 1: basic components  8

1             Criteria for basic components. 8

2             Rates for basic components. 8

part 2: special components  9

A: housing component  9

3             Criteria for housing component 9

4             Rates for the housing component 9

B: impairment component  11

5             Elements of impairment component 11

6             Personal care element 11

7             Mobility element 12

8             Clinical cost element 12

c: child day care component  13

9             Child day care component criteria. 13

10           Rate for the child day care component 13

D: carer’s component  14

11           Carer’s component criteria. 14

12           Rate for the carer’s component 14

part 1: statements in respect of personal care element of impairment component  15

part 2: statements in respect of mobility element of impairment component  20

1             Walking (with stick or other aid if normally used) 20

2             Vision, including visual acuity and visual fields, in normal daylight or bright electric light (with visual aids if normally worn) 20

3             Epileptic seizures causing loss of consciousness. 20

4             Management of personal finance. 20

5             Awareness of danger and consequences of behaviour 20

6             Getting around outdoors. 20

amendments consequential on introduction of GST  21

 

 


Income Support (Jersey) Regulations 2007

Made                                                                      10th October 2007

Coming into force                            in accordance with Regulation 10

THE STATES, in pursuance of Articles 3, 5 and 18 of the Income Support (Jersey) Law 2007[1], have made the following Regulations –

part 1

introductory

1        Interpretation

(1)     In these Regulations unless the context otherwise requires –

bedsit” means a flat in which the only room that is suitable for use as a bedroom is also used as a living room;

“carer’s component” means the special component under Article 5(3)(d) of the Law;

child day care component” means the special component under Article 5(3)(c) of the Law;

“day care” means the looking after a child –

(a)     by a day carer, or in day care accommodation, in circumstances regulated by the Day Care of Children (Jersey) Law 2002[2]; and

(b)     by a nanny accredited by the Jersey Child Care Trust;

developmental milestones” means a set of functional skills or age-specific tasks that most children have or can do at a given age used by healthcare professionals to monitor a child’s progress in attaining certain motor, language, cognitive and social skills;

earnings” means the amount of earnings that are not disregarded in assessing the calculated income of the person’s household in accordance with the Income Support (General Provisions) (Jersey) Order 200-;

flat” means a separate dwelling that forms part of a building and is divided horizontally from some other part of the building and whether or not –

(a)     it is a single storey dwelling;

(b)     facilities used or intended to be used for cooking or sanitary purposes are shared with other dwellings in that building; or

(c)     it forms part of a lodging house,

excluding any part of the dwelling that is used as a hostel or by a person in another household as lodgings;

foster child” means a person under full age who is placed with a foster parent by the Minister of Health and Social Services under Part 4 of the Children (Placement) (Jersey) Regulations 2005[3];

healthcare professional” means a doctor, a dentist or a person on the list of registered persons made under Article 11 of the Health Care (Registration) (Jersey) Law 1995[4];

hostel” means a facility (other than a private house) providing board and lodging and generally staffed by persons providing support to vulnerable persons;

house” means any dwelling other than a flat, excluding any part of the dwelling that is used as a hostel or by a person in another household as lodgings;

housing component” means the special component under Article 5(3)(a) of the Law;

impairment component” means the special component under Article 5(3)(b) of the Law;

Law” means the Income Support (Jersey) Law 2007[5];

minimum wage” shall be construed in accordance with Articles 16 and 17 of the Employment (Jersey) Law 2003[6] and any enactment made under those provisions;

owner”, in relation to a dwelling, includes –

(a)     any co-owner;

(b)     the owner of shares that confer entitlement to occupy the dwelling;

(c)     the occupier of the dwelling under a contract lease for which a premium has been paid and any rent that is paid is substantially less than a market rent for the dwelling;

(d)     any usufruitier; and

(e)     any person entitled to occupy and use the dwelling in the exercise of rights of dower, franc veuvage, or seignioralty;

rent” means any periodical sum payable by a tenant or licensee for the occupation of a dwelling or part of a dwelling excluding any sum paid in respect of lighting, heating, board, the provision of furniture or other services and any occupier’s rate payable;

residential care” means services provided at an institution consisting of –

(a)     board and lodging; and

(b)     assistance with activities that are part of normal daily living (such as bathing, dressing, grooming, eating, medication management, money management and recreation);

suitable work”, in relation to a person who is available for and actively seeking work, means –

(a)     work that is appropriate to the person’s skills, qualifications and abilities; or

(b)     work that, though it does not make full use of the person’s skills, qualifications and abilities, is work that the person might reasonably be expected to undertake having regard to the length of time that he or she has been looking for work.

(2)     In these Regulations a person is receiving residential care if the residential care has been, or is expected to be, provided for at least 4 weeks.

part 2

work requirements

2        Full time work

(1)     A person is engaged in full time work for the purposes of Article 2(1)(c) of the Law if the person works for a minimum of 35 hours a week.

(2)     However, a person who normally works for a minimum of 35 hours a week is treated as being engaged in full time work for any week or part of a week during which the person –

(a)     is on leave of absence from work;

(b)     is taking part in a strike or is involved in an employment dispute; or

(c)     has any other reasonable excuse for being so absent.

(3)     Where a person does not work for the same hours each week, the person’s weekly hours shall be determined by reference to his or her average weekly hours calculated by reference to any period of time not exceeding 12 months.

(4)     In this Regulation “employment dispute” and “strike” have the meanings assigned by Article 1 of the Employment (Jersey) Law 2003.

3        Remunerative work

(1)     A person is engaged in remunerative work for the purposes of Article 2(1)(c) of the Law if –

(a)     in the case of an employee, the person is remunerated at a rate that is at least equal to the minimum wage; or

(b)     in the case of a self-employed person, the person’s average weekly rate of remuneration (net only of any expenses necessarily incurred) is at least equal to the minimum wage, calculated on the basis of –

(i)      the average hours worked during a week, or

(ii)      if the average hours worked exceed 35 a week, a 35-hour week.

(2)     For the purposes of this Regulation a person’s remuneration shall be calculated in accordance with Part 4 of the Employment (Jersey) Law 2003 and any enactment made under that Part.

4        Availability for work

A person is available for work if the person is willing and able to take up as soon as reasonably practicable any remunerative work that is suitable work.

5        Actively seeking work

(1)     A person is actively seeking work if the person has, during the past 28 days –

(a)     taken all reasonable steps (including any appropriate training or work experience) to obtain suitable work;

(b)     not unreasonably turned down any offer of suitable work; and

(c)     attended every interview with an officer of the Department of Social Security to which he or she has been invited unless he or she had a reasonable excuse for not so attending; and

(d)     either not received a written notice from the Minister in the form specified in paragraph (2) or, if the person has received such a notice, has, during the 28 days since receiving it, complied with sub-paragraphs (a), (b) and (c).

(2)     The notice mentioned in paragraph (1)(d) shall warn the person that, in the opinion of the Minister, the person has not, during the past 28 days, been actively seeking work and unless he or she does so during the next 28 days he or she will be treated as not actively seeking work and will be liable to lose entitlement to income support.

part 3

components and rates of income support

6        Components and rates of income support

The criteria for entitlement to each component of income support mentioned in Article 5 of the Law and the rates of income support payable in respect of each component are set out in Schedule 1.

part 4

miscellaneous provisions

7        Article 3 of Law amended

In Article 3(1) of the Law –

(a)     at the end of sub-paragraph (g) for the full stop there shall be substituted a semicolon;

(b)     after sub-paragraph (g) there shall be added the following sub-paragraph –

“(h)    persons remanded in custody or detained by virtue of a sentence of imprisonment, youth detention or similar punishment (whether in Jersey or elsewhere).”.

8        Article 5 of Law amended

In Article 5(3)(c) of the Law after the word “household” there shall be inserted the words “or employing a nanny accredited by the Jersey Child Care Trust to look after that child”.

9        Amendments consequential on the introduction of GST

Schedule 3 has effect for the purpose of amending Schedule 1 in the event of the commencement of Article 6 of the Goods and Services Tax (Jersey) Law 2007.

10      Citation and commencement

(1)     These Regulations may be cited as the Income Support (Jersey) Regulations 2007.

(2)     These Regulations, apart from Regulation 9 and Schedule 3, shall come into force on the same day as Part 2 of the Income Support (Jersey) Law 2007.

(3)     Regulation 9 and Schedule 3 shall come into force on the same day as Article 6 of the Goods and Services Tax (Jersey) Law 2007[7].

a.h. harris

Deputy Greffier of the States

 


SCHEDULE 1

(Regulation 6)

part 1: basic components

1        Criteria for basic components

(1)     A household is not entitled to a basic component under Article 5(2)(a) to (c) of the Law in respect of any member of the household –

(a)     during any week in which the member is entitled to a grant under an Order made by the Minister for Education, Sport and Culture under Article 51 of the Education (Jersey) Law 1999[8] that is intended to cover the whole of that week;

(b)     during any week when the member is, for the whole of that week, remanded in custody or detained by virtue of a sentence of imprisonment, youth detention or similar punishment (whether in Jersey or elsewhere);

(c)     during any continuous period of more than 4 weeks when the member is provided with board and lodging at public expense unless the member is receiving residential care; or

(d)     for the fifth or subsequent week that the member is outside Jersey –

(i)      during the 12 month period beginning on the date of determination of the claim for income support, and

(ii)      during any subsequent 12 month period immediately following that period.

(2)     A household is not entitled to a basic component under Article 5(2)(a) or (c) of the Law in relation to any member of the household who is a foster child.

(3)     A household is only entitled to a basic component under Article 5(2)(d) of the Law if it is entitled to a housing component in respect of the occupation of a dwelling other than a hostel.

(4)     If a housing component is apportioned between 2 or more households under paragraph 4(6)(b), the basic component under Article 5(2)(d) shall be similarly apportioned.

2        Rates for basic components

The rates payable for the basic components under Article 5(2) of the Law are –

(a)

under Article 5(2)(a) (adult rate)

£83.58

(b)

under Article 5(2)(b) (single parent rate)

£120.68

(c)

under Article 5(2)(c) (child rate)

£56.42

(d)

under Article 5(2)(d) (household rate)

£42.84.

part 2: special components

A: housing component

3        Criteria for housing component

(1)     A household is entitled to a housing component if –

(a)     a member of the household is the owner of a dwelling or pays rent to occupy a dwelling under the terms of a lease or licence;

(b)     the dwelling is the principal residence of the household;

(c)     there is a member of the household who is not receiving residential care; and

(d)     paragraph (2) is satisfied.

(2)     This paragraph is satisfied if –

(a)     a member of the household is aged 25 or over or has the main responsibility for the physical care of a child who is a member of the household; or

(b)     none of the members of the household can reasonably be expected to live with his or her parent or any other person occupying the position of a parent in relation to the member of the household (either formally or informally), whether or not the parent or other person lives in Jersey.

4        Rates for the housing component

(1)     If the dwelling is occupied under the terms of a lease or a licence, the housing component payable is –

(a)     the actual weekly rent payable;

(b)     if the dwelling is appropriate to the needs of the household, the rate payable under sub-paragraph (2) in respect of that type of dwelling; or

(c)     if the dwelling is not appropriate to the needs of the household, the rate payable under sub-paragraph (2) in respect of the type of dwelling (flat, house, etc.) that is in fact occupied and that is appropriate to the needs of the household,

whichever is the lower.

(2)     The rates payable under this sub-paragraph are –

(a)

in the case of a hostel

£70.00

(b)

in the case of lodgings or a bedsit

£100.45

(c)

in the case of a flat with 1 bedroom

143.50

(d)

in the case of a flat with 2 bedrooms

£180.46

(e)

in the case of a flat with 3 bedrooms

£205.03

(f)

in the case of a flat with 4 bedrooms

£217.35

(g)

in the case of a flat with 5 or more bedrooms

£225.54

(h)

in the case of a house with 1 bedroom

£163.03

(i)

in the case of a house with 2 bedrooms

£212.24

(j)

in the case of a house with 3 bedrooms

£236.81

(k)

in the case of a house with 4 bedrooms

£256.27

(l)

in the case of a house with 5 bedrooms

£278.81

(m)

in the case of a house with 6 or more bedrooms

£292.18

(3)     If the dwelling that the household occupies is owned by a member of the household, the housing component payable is –

(a)     if the dwelling is appropriate to the needs of the household, the rate payable under sub-paragraph (4) in respect of that type of dwelling; or

(b)     if the dwelling is not appropriate to the needs of the household, the rate payable under sub-paragraph (4) in respect of the type of dwelling (flat, house etc.) that is in fact occupied and that is appropriate to the needs of the household.

(4)     The rates payable under this sub-paragraph are –

(a)

in the case of a bedsit or flat with 1 or 2 bedrooms

£5.18

(b)

in the case of a flat with 3 bedrooms

£7.35

(c)

in the case of a flat with 4 or more bedrooms

£10.43

(d)

in the case of a house with 1 bedroom

£5.18

(e)

in the case of a house with 2 bedrooms

£7.35

(f)

in the case of a house with 3 or more bedrooms

£10.43

(5)     In this paragraph a dwelling is appropriate to the needs of the household –

(a)     if it is no larger than is reasonably necessary for that household;

(b)     if, having regard to all the circumstances, it would be unreasonable to expect the household to move from that dwelling; or

(c)     where –

(i)      it has become larger than reasonably necessary for the household because the household has become smaller within the last 12 months, and

(ii)      the household is taking all reasonable steps to find alternative accommodation that is appropriate to the needs of the household.

(6)     However, if the household shares a dwelling as part of the same family unit with any other household also entitled to income support –

(a)     a dwelling is appropriate to the needs of the household if it is no larger than is reasonably necessary for all households that so share the dwelling or if, having regard to all the circumstances, it would be unreasonable to expect all or any of them to move from that dwelling;

(b)     only one housing component is payable in respect of the dwelling; and

(c)     the component is divided equally between all the households entitled to it.

B: impairment component

5        Elements of impairment component

(1)     The impairment component shall consist of the following 3 elements –

(a)     the personal care element;

(b)     the mobility element; and

(c)     the clinical cost element.

(2)     A household is not entitled to an impairment component unless –

(a)     the circumstances that would otherwise entitle the household to the component have lasted, or are likely to last, for a total period of not less than 6 months; or

(b)     the member of the household who would entitle the household to the component is not expected to live more than 6 months.

(3)     A household is not entitled to an impairment component in relation to any member of the household in respect of whom the household has no entitlement to a basic component under Article 5(2)(a) to (c) of the Law as a consequence of paragraph 1(1) (b), (c) or (d) unless the person’s absence from Jersey is due to the person being a pupil at a school outside Jersey that caters for pupils with special needs.

(4)     A household is not entitled to an impairment component in relation to any member of the household in respect of whom the household has no entitlement to a basic component under Article 5(2)(a) to (c) of the Law as a consequence of paragraph 1(2).

6        Personal care element

(1)     A household is entitled to the personal care element in respect of any member of the household who qualifies in accordance with this paragraph.

(2)     The rate of personal care element payable to a member of a household is calculated by –

(a)     selecting the one statement set out in column 1 of the table in Part 1 of Schedule 2 in respect of each numbered activity described in that table that most accurately applies to the member (excluding any statement that does not apply to the member by virtue of column 3 or 4); and

(b)     totalling each score indicated in column 2 of the table in respect of each statement selected under clause (a).

(3)     The rate of personal care element payable in respect of the total score calculated under sub-paragraph (2) is as follows –

(a)

for a score of at least 15 but less than 36

£20.37

(b)

for a score of at least 36 but less than 56

£83.58

(c)

for a score of at least 56 but less than 75

£122.85

(d)

for a score of at least 75

£436.73

7        Mobility element

(1)     A household is entitled to a mobility element in respect of any member of the household who is at least 3 years of age if one or more of the statements set out in Part 2 of Schedule 2 applies to that member (unless the member is a child and the statement is expressed not to be relevant to a child of his or her age).

(2)     However, a household is not entitled to a mobility element in respect of a member of the household who is receiving residential care.

(3)     The rate of mobility element of the impairment component is –

(a)     £20.37; or

(b)     £40.74 if the person’s average weekly earnings exceed the amount in this clause.

8        Clinical cost element

(1)     A household is entitled to a clinical cost element in respect of any member of the household if that member –

(a)     has been diagnosed by a medical practitioner as suffering from a chronic or progressive illness; and

(b)     the prognosis, based on recognised clinical guidelines, is that the member will need at least 5 consultations with an approved medical practitioner in a year in order to alleviate the symptoms of the illness, to prevent further complications or deterioration in the member’s health or to provide palliative care.

(2)     The rate of clinical cost element of the impairment component is –

(a)     £2.66; or

(b)     if, based on the criteria set out in sub-paragraph (1)(b), the member will need at least 9 consultations with an approved medical practitioner, £5.32.

(3)     However, no clinical cost element is payable in respect of any member of a household who is not entitled to a basic component under Article 5(2)(a) to (c) of the Law as a consequence of paragraph 1(1).

(4)     In this paragraph –

“approved medical practitioner” means a doctor for the time being approved under Article 26 of the Health Insurance (Jersey) Law 1967[9];

“medical practitioner” means a doctor or any person who is a fully registered person as defined by section 55 of the Medical Act 1983 of the United Kingdom;

“recognised clinical guidelines” means evidence-based systematically-developed statements originating from a professional medical or scientific organisation that are designed to assist medical practitioners and patients with decisions about appropriate health care for the patient’s specific medical circumstances.

c: child day care component

9        Child day care component criteria

A household is entitled to a child day care component in respect of any child under 12 years of age who is a member of the household, other than a foster child, if the adult member of the household who is treated under Article 3 of the Law as having the main responsibility for the physical care of the children of the household –

(a)     has average earnings, calculated over any period not exceeding 12 months, that are greater than the cost of the day care provided to all the children for whom he or she has the main responsibility for the physical care during that period; or

(b)     is exempted from the requirement to be in full time remunerative work by virtue of –

(i)      Article 3(1)(d) of the Law; or

(ii)      Article 3(1)(e) of the Law.

10      Rate for the child day care component

(1)     The rate payable in respect of the child day care component is –

(a)     the average weekly cost of the day care provided to the child; or

(b)     the rate set out in sub-paragraph (3) that is applicable to the child multiplied by the average number of hours a week for which day care is needed, having regard to the matters set out in sub-paragraph (2),

whichever is the lower.

(2)     In assessing the number of hours a week for which child care is needed regard shall be had to –

(a)     the availability of any alternative options for temporary placement of the child concerned (including the availability of other members of the household to care for the child); and

(b)     the work commitments, level of impairment or education or training commitments of the person in the household who has the main responsibility for the physical care of the child.

(3)     The rates payable under this sub-paragraph are –

(a)

for a child under the age of 3 years

£5.38

(b)

for a child aged 3 years or over but under the age of 5 years

£4.21

(c)

for a child aged 5 years or over

£3.03.

D: carer’s component

11      Carer’s component criteria

(1)     A household is entitled to a carer’s component in respect of all persons cared for by each member of the household (a “carer”) if –

(a)     the carer has the main responsibility for caring for a person who is ordinarily resident in Jersey;

(b)     the carer is not in receipt of a personal care element of the impairment component at a rate greater than or equal to the rate mentioned in paragraph 6(3)(c); and

(c)     at least one of the persons cared for meets the criteria for the rate payable in respect of the personal care element of the impairment component under paragraph 6(3)(c) or (d).

(2)     However, a household is not entitled to a carer’s component in respect of any carer while the carer is not entitled to a basic component under Article 5(2)(a) to (c) of the Law as a consequence of paragraph 1(1)(b), (c) or (d), unless the disentitlement is because one or more of the persons being cared for is receiving medical treatment outside Jersey and the carer has accompanied that person or persons.

12      Rate for the carer’s component

The rate payable in respect of the carer’s component is £41.79.

 


SCHEDULE 2

(Schedule 1, paragraph 6(2))

part 1: statements in respect of personal care element of impairment component

1

 

STATEMENT

2

 

SCORE

3

Age below which statement does not apply

4

Age at which statement ceases to apply

1 Sitting in an upright chair with a back but no arms

 

 

 

a) cannot sit without severe discomfort

15

3 years

None

b) cannot sit without severe discomfort for more than 10 minutes

15

3 years

None

c) cannot sit without severe discomfort for more than 30 minutes

6

3 years

None

d) cannot sit without severe discomfort for more than 1 hour

3

3 years

None

e) none of the above

0

3 years

None

2 Standing without the support of another person

 

 

 

a) cannot stand without that support

15

3 years

None

b) cannot stand for more than 10 minutes without that support

15

3 years

None

c) cannot stand for more than 30 minutes without that support

6

3 years

None

d) none of the above

0

3 years

None

3 Rising from sitting in an upright chair with a back but no arms without assistance

 

 

 

a) cannot rise from sitting to standing without the support of another person

15

3 years

None

b) cannot rise without holding on to something

6

3 years

None

c) neither of the above

0

3 years

None

4 Walking (with a stick or other aid if normally used)

 

 

 

a) cannot walk at all

15

3 years

None

b) cannot walk more than a few steps on level ground and/or up and down one stair without having to stop or feeling severe discomfort, even with the support of a handrail

15

3 years

None

c) cannot walk more than 50 metres on level ground and/or walk up and down a flight of 12 stairs without having to stop or feeling severe discomfort

9

3 years

None

d) cannot walk more than 200 metres on level ground without having to stop or feeling severe discomfort

6

3 years

None

e) cannot walk more than 400 metres on level ground without having to stop or feeling severe discomfort

3

3 years

None

f) none of the above

0

3 years

None

5 Bending or kneeling from a standing position

 

 

 

a) cannot bend to touch knees and straighten up again

15

3 years

None

b) cannot either bend or kneel, or bend and kneel or squat as if to pick up a piece of paper off the floor and straighten up again

15

3 years

None

c) neither of the above

0

3 years

None

6 Reaching

 

 

 

a) cannot raise either arm as if to put something in the breast pocket of a jacket

15

1 year

None

b) cannot raise either arm as if to put on a hat

15

1 year

None

c) can only raise one arm as if to put something in the breast pocket of a jacket

9

1 year

None

d) can only raise one arm as if to put on a hat

6

1 year

None

e) none of the above

0

1 year

None

7 Pouring and picking up and transferring to a distance of 60 cm at table-top level

 

 

 

a) cannot pick up and transfer a full glass of water of 200 ml capacity with either arm

15

3 years

None

b) cannot pick up and pour from a full saucepan or kettle of 1.5 litre capacity with either arm

15

8 years

None

c) cannot pick up and transfer a 2.5 kg bag of potatoes with either arm

9

8 years

None

d) can only pick up and transfer a full glass of water of 200 ml capacity with one arm

6

3 years

None

e) none of the above

0

3 years

None

8 Manual dexterity

 

 

 

a) cannot turn the pages of a book with either hand

15

3 years

None

b) cannot turn a star-headed sink tap with either hand

15

3 years

None

c) cannot pick up an object up to 2.5 cm in diameter such as a coin with either hand

15

1 year

None

d) cannot use a spoon with either hand

15

3 years

None

e) cannot tie a bow in laces or string

9

8 years

None

f) can only turn a star-headed sink tap with one hand

6

3 years

None

g) can only pick up an object 2.5 cm in diameter such as a coin with one hand

6

1 year

None

h) none of the above

0

1 year

None

9 Vision, including visual acuity and visual fields, in normal daylight or bright electric light (with visual aids if normally worn)

 

 

 

a) cannot see the shape of furniture in the room

15

3 years

None

b) cannot see well enough to read 16 point print at a distance of 20 cm

15

3 years

None

c) cannot see well enough to recognise a friend at a distance of 5 metres

9

1 year

None

d) cannot see well enough to recognise a friend at a distance of 15 metres

6

1 year

None

e) none of the above

0

1 year

None

10 Hearing (with a hearing aid if normally worn)

 

 

 

a) cannot hear well enough to follow by hearing alone a television or radio programme even with the volume turned up

15

1 year

None

b) cannot hear well enough to understand by hearing alone a person talking in a loud voice in a quiet room

15

1 year

None

c) cannot hear well enough to understand by hearing alone a person talking at a normal level of voice in a quiet room

9

1 year

None

d) none of the above

0

1 year

None

11 Speech

 

 

 

a) cannot speak or use language effectively to communicate even with close family or friends

15

3 years

None

b) speech cannot be understood by strangers

9

3 years

None

c) speech difficult for strangers to understand

6

3 years

None

d) none of the above

0

3 years

None

12A Epileptic seizures causing loss of consciousness: persons aged 12 and over

 

 

 

a) in the past 6 months has had 6 or more epileptic seizures with loss of consciousness and has no useful warning of seizure and/or dangerous post-ictal behaviour

15

12 years

None

b) in the past 6 months has had 3 or more epileptic seizures with loss of consciousness and has no useful warning of seizure and/or dangerous post-ictal behaviour

9

12 years

None

c) in the past 6 months has had 1 or more epileptic seizures with loss of consciousness and has no useful warning of seizure and/or dangerous post-ictal behaviour

6

12 years

None

d) none of the above

0

12 years

None

12B Epileptic seizures causing loss of consciousness: persons aged under 12

 

 

 

a) in the past 6 months has had an epileptic seizure with loss of consciousness at least once a week

15

1 year

12 years

b) in the past 6 months has had an epileptic seizure with loss of consciousness at least once a month

9

1 year

12 years

c) in the past 6 months has had an epileptic seizure with loss of consciousness at least once every 2 months

6

1 year

12 years

d) none of the above

0

1 year

12 years

13 Management of personal finance

 

 

 

a) does not understand the value of money

20

8 years

None

b) unable to budget for daily and/or weekly needs

15

8 years

None

c) unable to budget for irregular bills

5

12 years

None

d) none of the above

0

8 years

None

14 Maintaining appearance and hygiene

 

 

 

a) unable to maintain normal standards of appearance and hygiene without daily prompting/supervision from another person

20

5 years

None

b) unable to maintain normal standards of appearance and hygiene without weekly prompting/supervision from another person

10

5 years

None

c) neither of the above

0

5 years

None

15 Management of daily routine

 

 

 

a) does not rise from bed without prompting and 24 hour cycle constantly out of phase

20

5 years

None

b) needs daily prompting to ensure rising from and retiring to bed

15

8 years

None

c) needs daily prompting to ensure rising from or retiring to bed

10

8 years

None

d) needs intermittent prompting to ensure rising from or retiring to bed

5

8 years

None

e) none of the above

0

5 years

None

16 Awareness of danger and consequences of behaviour

 

 

 

a) is totally unaware of common dangers or the potentially harmful consequences of his or her behaviour

20

3 years

None

b) needs to be instructed on at least a daily basis about common dangers or the potentially harmful consequences of his or her behaviour

15

5 years

None

c) is generally aware of common dangers and does not need instructing about the potentially harmful consequences of his or her behaviour, but only when he or she is in a familiar structured environment

10

8 years

None

d) none of the above

0

3 years

None

17 Getting around outdoors

 

 

 

a) unable to cope with leaving the house even if accompanied by another person

20

5 years

None

b) unable to cope with leaving the house unless accompanied by another person

15

5 years

None

c) unable to cope with finding his or her way around even in familiar places

15

8 years

None

d) unable to cope with finding his or her way around only in unfamiliar places

10

12 years

None

e) none of the above

0

5 years

None

18 Coping with change

 

 

 

a) pre-planned changes in routine result in disruptive or potentially harmful behaviour

10

3 years

None

b) unplanned changes in routine result in disruptive or potentially harmful behaviour

5

3 years

None

c) neither of the above

0

3 years

None

19 Need for the help of another person as stipulated by a health care professional to ensure that developmental milestones are achieved as fully as possible

 

 

 

a) requires help throughout his or her waking hours

15

None

12 years

b) requires help on a daily basis

9

None

12 years

c) none of the above

0

None

12 years

20 Need for help from another person as stipulated by a health care professional due to a medical condition

 

 

 

a) requires help with a medical therapeutic procedure, monitoring of the condition or the administering of medication at least 3 times a day

15

None

12 years

b) requires help with a medical therapeutic procedure at least once a day

9

None

12 years

c) requires help with a medical therapeutic procedure at least twice a week

6

None

12 years

d) requires help with monitoring the condition or the administering of medication at least twice a day

6

None

12 years

e) none of the above

0

None

12 years

 

Note: in this Part and in Part 2 a reference to “can” or “cannot” is a reference to what a person is physically able or unable to do.


part 2: statements in respect of mobility element of impairment component

(Schedule 1, paragraph 7(1))

1        Walking (with stick or other aid if normally used)

Cannot walk on level ground more than 50 metres and/or walk up and down a flight of 12 stairs, without having to stop or feeling severe discomfort.

2        Vision, including visual acuity and visual fields, in normal daylight or bright electric light (with visual aids if normally worn)

(a)     Cannot see the shape of furniture in the room which the person is in.

(b)     Cannot read 16 point print at a distance of 20 cm.

(c)     Cannot recognise a friend across a room at a distance of 5 metres.

3        Epileptic seizures causing loss of consciousness

In the past 6 months has had 1 or more epileptic seizures with loss of consciousness and has no useful warning of seizure and/or dangerous post-ictal behaviour.

Note:  Statement is not relevant in the case of a child under the age of 12 years.

4        Management of personal finance

Does not understand the value of money.

Note:  Statement is not relevant in the case of a child under the age of 8 years.

5        Awareness of danger and consequences of behaviour

(a)     Is totally unaware of common dangers or the potentially harmful consequences of his or her behaviour.

(b)     Needs to be warned on at least a daily basis about common dangers or the potentially harmful consequences of his or her behaviour.

Note:  Statement (b) is not relevant in the case of a child under the age of 5 years.

6        Getting around outdoors

(a)     Unable to cope with leaving the house unless accompanied by another person.

(b)     Unable to find his or her way around even in familiar places.

Note:  The statements are not relevant in the case of a child under the age of 8 years.


SCHEDULE 3

(Regulation 8)

amendments consequential on introduction of GST

Schedule 1 shall be amended as follows –

(a)     for paragraph 2 there shall be substituted the following paragraph –

“2      Rates for basic components

The rates payable for the basic components under Article 5(2) of the Law are –

(a)

under Article 5(2)(a) (adult rate)

£86.10

(b)

under Article 5(2)(b) (single parent rate)

£124.32

(c)

under Article 5(2)(c) (child rate)

£58.10

(d)

under Article 5(2)(d) (household rate)

£44.10”;

(b)     for paragraph 6(3) there shall be substituted the following sub-paragraph –

“(3)    The rate of personal care element payable in respect of the total score calculated under sub-paragraph (2) is as follows –

(a)

for a score of at least 15 but less than 36

£21.00

(b)

for a score of at least 36 but less than 56

£86.10

(c)

for a score of at least 56 but less than 75

£126.56

(d)

for a score of at least 75

£436.73.”;

(c)     for paragraph 7(3) there shall be substituted the following sub-paragraph –

“(3)(a)  £21.00; or

(b)     £42.00 if the person’s average weekly earnings exceed the amount in this clause.”;

(d)     for paragraph 12 there shall be substituted the following paragraph –

“12    Rate for the carer’s component

The rate payable in respect of the carer’s component is £43.05.”.

 

 


 



[1]                                    L.9/2007

[2]                                    chapter 10.700

[3]                                    chapter 12.200.50

[4]                                    chapter 20.300

[5]                                    L.9/2007

[6]                                    chapter 05.255

[7]                                    L.27/2007

[8]                                    chapter 10.800

[9]                                    chapter 26.500


Page Last Updated: 26 Apr 2016