Income Support
(Jersey) Regulations 2007
THE STATES, in pursuance of Articles 3,
5 and 18 of the Income Support (Jersey) Law 2007[1], have made the following
Regulations –
Commencement
[see endnotes]
part 1
introductory
1 Interpretation
In these Regulations unless the
context otherwise requires –
“approved care home”
has the same meaning as in the Long-Term Care (Jersey) Law 2012[2];
“bedsit” means a flat in which the only room
that is suitable for use as a bedroom is also used as a living room;
“breach period” means
the period for which a person is treated as being in breach following a breach,
in accordance with Regulation 5B;
“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[3]; 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 any sum payable to a person
(whether under a contract of service, a contract for services or any other
office, employment or arrangement whereby the person is rewarded for work done
or services rendered) by way of wages, salary, fees, bonuses, commission,
overtime pay or any other emolument including the value of any loan, perquisite
or any other benefit in kind;
“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[4];
“full time”, in
relation to work, shall be construed in accordance with Regulation 2;
“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[5];
“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[6];
“long-term care”
means an appropriate level of standard care within the meaning of the Long-Term
Care (Benefits) (Jersey) Order 2014[7];
“minimum wage” shall be construed in
accordance with Articles 16 and 17 of the Employment (Jersey)
Law 2003[8] 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;
“person required to seek
full time work” means an adult member of a household who –
(a) is not engaged in full time remunerative
work; and
(b) is not exempt from the requirement in
Article 2(1)(c) of the Law to be in such work by virtue of any sub-paragraphs (a)
to (f) and (h) of Article 3(1) of the Law;
“person required to seek
part time work” means an adult member of a household who –
(a) is not exempt from the requirement in
Article 2(1)(c) of the Law to be in full time remunerative work by virtue
of any of sub-paragraphs (a), (b) and (h) of Article 3(1) of the
Law;
(b) is a person to whom any of
sub-paragraphs (c) to (f) of Article 3(1) of the Law applies and in
whose case a number of hours has been determined in accordance with
Article 3(2)(b) of the Law; and
(c) is not engaged in remunerative work for the
number of hours so determined;
“person required to seek
work” means a person required to seek full time work or part time work;
“private sector housing”
means housing that is not social housing;
“remunerative”, in
relation to work, shall be construed in accordance with Regulation 3;
“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;
“social housing”
means housing that is provided by any of the following –
(a) the States, such housing being under the
control of the Minister for Children and Housing;
(b) a company prescribed under Article 2 of
the Social Housing (Transfer) (Jersey) Law 2013[9];
(c) Jersey Homes Trust;
(d) Les Vaux Housing Trust;
(e) Christians Together in Jersey Housing Trust;
(f) FB Cottages Housing Trust;
“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.
“warning” means a
warning that is in force under Regulation 5A.[10]
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 and these Regulations if the person works for a minimum of
35 hours a week.[11]
(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[12].
3 Remunerative
work
(1) A
person is engaged in remunerative work for the purposes of Article 2(1)(c)
of the Law and these Regulations 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.[13]
(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 Person
treated as available for and actively seeking work[14]
(1) For
the purposes of Article 3 of the Law, a person is to be treated as
available for, and actively seeking, remunerative work if he or
she –
(a) is –
(i) in
Jersey, or
(ii) temporarily
absent from Jersey and has a reasonable excuse for the absence;
(b) is
willing and able to take up, as soon as reasonably practicable, any remunerative
work that is suitable work;
(c) is
taking all reasonable steps to obtain remunerative work that is suitable work;
(d) does
not unreasonably turn down any offer of remunerative work that is suitable
work; and
(e) attends
every interview arranged by the Minister, unless the person has a reasonable
excuse for not attending.
(2) For
the purposes of paragraph (1)(c), the steps include –
(a) attending
any training that may assist the person in obtaining remunerative work that is
suitable work, unless the person has a reasonable excuse for not so doing and,
when attending the training, participating in it to the best of the
person’s ability; and
(b) attending
any work experience placement that may assist the person in obtaining
remunerative work that is suitable work, unless the person has a reasonable
excuse for not so doing and, when attending the work experience placement,
undertaking it to the best of the person’s ability.
(3) For
the purposes of Article 3(1)(g) of the Law, the remunerative work referred
to in paragraph (1) must be full time.
(4) For
the purposes of Article 3(2)(b) of the Law, the remunerative work referred
to in paragraph (1) must be for such number of hours as a determining
officer considers appropriate in the person’s particular circumstances.
5 Consequence
of ceasing remunerative work without good cause[15]
(1) This
Regulation applies to a person who ceases remunerative work without good cause.
(2) During
the sanction period, the household of which he or she is a member is not
entitled to a basic component under Article 5(2)(a) or (b) of the Law
in respect of the person.
(3) Subject
to Regulation 5C, the sanction period is 91 days.
(4) The
sanction period commences –
(a) in
a case where the household was, at the time the person ceased work without good
cause, in receipt of income support – on the day the person ceased
work;
(b) subject
to paragraph (5), in any other case – on the first day that
income support is paid to the household after the person ceased work without
good cause or would have been paid had a basic component been payable to the
household in respect of the person.
(5) In
a case where –
(a) the
household was not, at the time the person ceased work without good cause, in
receipt of income support; and
(b) the
person proves, to the satisfaction of the officer determining his or her claim
for income support, that he or she has, before the day described in
paragraph (4)(b), complied with the requirements of Regulation 4,
the sanction period commences with the day the person commenced such
compliance.
(6) For
the purposes of paragraph (4)(a), the day a person ceases work is the day
following the last day on which that person is in that work.
5A Warning[16]
(1) A
person required to seek work may be warned if –
(a) he
or she does not comply with the requirements of Regulation 4; and
(b) there
is not a warning currently in force in respect of him or her.
(2) Subject
to paragraph (3) and Regulation 5C, a warning remains in force for
the period of 365 days beginning with the day the person is given notice
of it.
(3) If,
whilst a warning is in force in respect of a person, he or she commits a first,
second, third or subsequent breach of the warning, the warning shall remain in
force until the expiry of the period of 365 days following the date he or
she was given notice of the breach or, if he or she has committed more than one
breach, the date he or she was given notice of the most recent breach.
5B Breach
of warning[17]
(1) A
person in relation to whom a warning is in force is in breach of the warning if
he or she –
(a) is
a person required to seek work; and
(b) does
not comply with the requirements of Regulation 4.
(2) A
person who is in breach of a warning for a first time shall be treated as being
in breach for 14 days.
(3) A
person who is in breach of a warning for a second time shall be treated as
being in breach for 28 days.
(4) A
person who is in breach of a warning for a third or subsequent time shall be
treated as being in breach until whichever is the earlier of –
(a) the
person proving, to the satisfaction of a determining officer, that he or she
has satisfied the requirements of Regulation 4 for a continuous period of
42 days commencing on or after the day the person is given notice of the
breach; and
(b) the
expiry of the warning.[18]
(5) A
period of time in paragraph (2), (3) or (4) –
(a) begins
with the day the person is given notice of the breach; and
(b) is
subject to Regulation 5C.
(6) A
person cannot be given notice of a breach less than 7 days after he or she
has been given notice of a warning or of a previous breach whilst the warning
is in force.
(7) Paragraph (6)
does not prevent any act or omission of the person during the 7 days referred
to in that paragraph being taken into account in determining whether the person
has complied with the requirements of Regulation 4.
5C Extension
or termination of periods under Regulations 5, 5A and 5B[19]
(1) A
sanction period applicable in a person’s case under Regulation 5
shall be extended by 7 days if the person is warned.
(2) A
sanction period applicable in a person’s case under Regulation 5
shall be extended by the number of days for which the person is in breach of a
warning, as described in Regulation 5B.
(3) Any
period applicable in a person’s case under Regulation 5, 5A
or 5B shall be extended, subject to paragraph (4)(b), by the number
of days for which the person is remanded in custody or detained as described in
Article 3(1)(h) of the Law.
(4) Any
period applicable in a person’s case under Regulation 5, 5A
or 5B shall be terminated upon –
(a) the
person being exempt from the requirement to be in full time remunerative work
by virtue of Article 3(1)(a) of the Law; or
(b) the
person having been remanded in custody or detained as described in
Article 3(1)(h) of the Law for a continuous period of 365 days.
5D Consequence
of first or second breach[20]
(1) This
Regulation applies where a person is in breach of a warning for a first or
second time.
(2) During
the breach period, the household of which the person in breach is a member is
not entitled to a basic component under Article 5(2)(a) or (b) of the
Law in respect of the person in breach.
5E Consequence of third or
subsequent breach[21]
(1) This
Regulation applies where a person is in breach of a warning for a third or
subsequent time.
(2) During
the breach period, the person in breach shall not be eligible for any payment
under Article 8(1) of the Law.
(3) Any
claim for income support by the original household of the person in breach
shall be taken to be withdrawn upon the commencement of the breach period.
(4) During
the breach period, whilst the person in breach is a member of his or her
original household –
(a) no
income support shall be paid to the household;
(b) no
member of the household shall be eligible for any payment under
Article 8(1) of the Law; and
(c) the
household cannot make a fresh claim for income support.
(5) The
fact that, under paragraph (4), no income support is paid to the original
household does not affect –
(a) whether
any member of the household is a person required to seek work and the
consequences of the person not complying with the requirements of
Regulation 4; or
(b) any
determination that a member of the household has ceased remunerative work
without good cause and the consequences of such a determination under
Regulation 5.
(6) If,
during the breach period, the original household makes a fresh claim for income
support after the person in breach has ceased to be a member of it, but the
person in breach subsequently rejoins the household, the fresh claim for income
support shall be taken to be withdrawn upon the person in breach becoming a
member of the original household again.
(7) Whilst
the person in breach is a member of another household, that other household is
not entitled to a basic component under Article 5(2)(a) or (b) of the
Law in respect of the person in breach.
(8) In
this Regulation, “original household” means the household of which
the person in breach was a member at the time he or she received notice of the
breach.
(9) For
the purposes of this Regulation the person in breach is a member of another
household if, after he or she receives notice of the breach, another person who
was not a member of the original household becomes a member of the same
household as the person in breach, by virtue of Article 5(1) of the Income
Support (General Provisions) (Jersey) Order 2008[22], in the circumstances
described in sub-paragraph (a) or (aa) of that provision.
5F Consequences
and periods of successive breaches may run concurrently[23]
A breach of a warning by a person for a second or subsequent time
does not affect the operation of Regulations 5B to 5E in relation to the
previous breach or breaches of the warning by the person.
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 Citation
These Regulations may be cited as
the Income Support (Jersey) Regulations 2007.
SCHEDULE
1[24] [25]
(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 (ca) 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 under
Article 51 of the Education (Jersey) Law 1999[26] 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;
(ca) during any period when the member is receiving
long-term care in an approved care home; 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), (c)
or (ca) 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(10)(c) or (11)(c), the basic component under
Article 5(2)(d) shall be similarly apportioned.
(4A) If
a housing component is calculated under paragraph 4(12)(a) in respect of a
household, the basic component under Article 5(2)(d) shall be multiplied
by H/B where H and B have the same values used to calculate the housing
component under paragraph 4(12)(a) in respect of that household.
(5) A
household is not entitled to a basic component under Article 5(2)(a) or
(b) of the Law in respect of any member of the household who has not been
ordinarily resident in Jersey for the period prescribed under
Article 2(1)(b) of the Law.
2 Rates
for basic components[27]
(1) The rates payable for the basic components
under Article 5(2) of the Law are as follows –
|
(a)
|
under
Article 5(2)(a) (adult component rate)
|
£97.72
|
|
(b)
|
under Article 5(2)(b)
(single parent component rate) where the conditions in sub-paragraph (2)
are satisfied –
|
|
|
|
(i)
|
for the period commencing
1st November 2015 until the end of 31st December 2015
|
equivalent of the adult
component rate plus £40.39
|
|
|
(ii)
|
for the period commencing
1st January 2016 until the end of 30th September 2016
|
equivalent of the adult
component rate plus £30.31
|
|
|
(iii)
|
for 1 year commencing
1st October 2016
|
equivalent of the adult
component rate plus £20.23
|
|
|
(iv)
|
for the period commencing
1st October 2017 until the end of 31st May 2018
|
equivalent of the adult
component rate plus £10.15
|
|
|
(v)
|
from 1st June 2018
|
equivalent of the adult component rate plus £40.39
|
|
(c)
|
under Article 5(2)(b)
(single parent component rate) where the conditions in sub-paragraph (3)
are satisfied –
|
|
|
|
(i)
|
for the period commencing
1st November 2015 until the end of 31st May 2018
|
equivalent of the adult
component rate
|
|
|
(ii)
|
from 1st June 2018
|
equivalent of the adult
component rate plus £40.39
|
|
(d)
|
under Article 5(2)(c) of
the Law (first child component rate)
|
£72.94;
|
|
(e)
|
under Article 5(2)(ca)
of the Law (subsequent child component rate)
|
£67.90
|
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(f)
|
under
Article 5(2)(d) of the Law (household component rate)
|
£54.46
|
(2) The
conditions to be satisfied under sub-paragraph (1)(b) are
that –
(a) the household was entitled to income support
and had received the single parent component before
1st November 2015; and
(b) after 1st November 2015 there is
no continuous period exceeding 28 days during which the household has not
been entitled to receive the single parent component.
(3) The conditions to be satisfied under
sub-paragraph (1)(c) are that –
(a) the household has not been entitled to the
single parent component before 1st November 2015; or
(b) the household was entitled to and
had received the single parent component before
1st November 2015 but since that date there
has been a continuous period exceeding 28 days during which the
household has not been entitled to receive the single parent component.
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 long-term care in an approved care home; 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.
(3) A
household is not entitled to a housing component during any week for
which –
(a) the household is not entitled to a basic
component under Article 5(2)(a) or (b) of the Law in respect of any of the
adult members of the household; and
(b) each of those adult members is –
(i) a
person in whose case paragraph 1(1)(b) applies for a fifth or subsequent
week of a continuous period,
(ii) a
person in whose case paragraph 1(1)(c) or (d) applies, or
(iii) a
person in whose case paragraph 1(1)(ca) applies –
(A) for
a fifth or subsequent week of a continuous period, in a case where there is no
reasonable expectation that the person will resume living in the principal
residence of the household, or
(B) for
a thirteenth or subsequent week of a continuous period in any other case.
4 Rates
of housing component[28]
(1) If
the dwelling occupied is private sector housing occupied under the terms of a
lease or licence by an eligible household, the housing component payable is
whichever is the lowest of the following –
(a) the actual weekly rent payable;
(b) if the dwelling is appropriate to the needs
of the eligible household, the rate payable under sub-paragraph (2) in
respect of a dwelling of that description; or
(c) if the dwelling is not appropriate to the
needs of the eligible household, the rate payable under sub-paragraph (2)
in respect of a dwelling of a description that is appropriate to the needs of
the eligible household.
(2) The
rates payable under this sub-paragraph are –
|
(a)
|
in
the case of a hostel
|
£106.19
|
|
(b)
|
in
the case of lodgings or a bedsit
|
£139.86
|
|
(c)
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in
the case of a flat with 1 bedroom
|
£206.15
|
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(d)
|
in
the case of a flat with 2 bedrooms
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£263.97
|
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(e)
|
in
the case of a flat with 3 or more bedrooms
|
£283.29
|
|
(f)
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in
the case of a house with 1 bedroom
|
£236.32
|
|
(g)
|
in
the case of a house with 2 bedrooms
|
£300.02
|
|
(h)
|
in
the case of a house with 3 bedrooms
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£350.35
|
|
(i)
|
in
the case of a house with 4 bedrooms
|
£381.92
|
|
(j)
|
in
the case of a house with 5 or more bedrooms
|
£422.80.
|
(3) If
the dwelling occupied is social housing occupied under a lease or licence by an
eligible household and –
(a) the dwelling is appropriate to the needs of
the eligible household; and
(b) the actual weekly rent payable is no more
than is reasonable having regard to –
(i) the
fact that the dwelling is social housing, and
(ii) the
value of the property on the open rental market,
the housing component payable is
the actual weekly rent payable.
(4) If –
(a) the dwelling occupied is social housing;
(b) the dwelling is occupied under a lease or
licence by an eligible household;
(c) the dwelling is appropriate to the needs of
the eligible household; and
(d) the actual weekly rent is more than is
reasonable having regard to –
(i) the
fact that the dwelling is social housing, and
(ii) the
value of the property on the open rental market,
the rate is the rate payable
under sub-paragraph (13) in respect of a dwelling of that description.
(5) If
the dwelling occupied is social housing and is not appropriate to the needs of
the eligible household, the rate payable is whichever amount is the lower of
the following –
(a) the rate payable under
sub-paragraph (13) in respect of a dwelling of a description that is
appropriate to the needs of the eligible household; or
(b) the actual weekly rent payable.
(6) If
a dwelling that an eligible 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 eligible household, the rate payable under sub-paragraph (7) in
respect of a dwelling of that description; or
(b) if the dwelling is not appropriate to the
needs of the eligible household, the rate payable under sub-paragraph (7)
in respect of a dwelling of a description that is appropriate to the needs of
the eligible household.
(7) The
rates payable under this sub-paragraph are –
|
(a)
|
in
the case of a bedsit or flat with 1 or 2 bedrooms
|
£6.79
|
|
(b)
|
in
the case of a flat with 3 bedrooms
|
£9.59
|
|
(c)
|
in
the case of a flat with 4 or more bedrooms
|
£13.58
|
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(d)
|
in
the case of a house with 1 bedroom
|
£6.79
|
|
(e)
|
in
the case of a house with 2 bedrooms
|
£9.59
|
|
(f)
|
in
the case of a house with 3 or more bedrooms
|
£13.58.
|
(8) In
this paragraph a dwelling (or part of a dwelling for the purposes of
sub-paragraph (12)), is appropriate to the needs of an eligible
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 is 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.
(9) If
an eligible household (“first household”) shares a dwelling with
one or more other households which include either or both of the
following –
(a) another household (whether or not an
eligible household) which is part of the same family unit as the first
household; or
(b) another household (whether or not an
eligible household) which is not part of the same family unit as the first
household,
the amount of housing component
is determined in accordance with sub-paragraph (10), (11) or (12), as the
case requires.
(10) If
a dwelling is shared by 2 or more households, each household being an eligible
household and all the households sharing the dwelling being part of the same
family unit, the housing component is determined under sub-paragraph (1),
(3), (4), (5) or (6), as the case requires, subject to the
following –
(a) a dwelling is appropriate to the needs of
the household if it is no larger than is reasonably necessary for all the
households sharing 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.
(11) If
a dwelling is shared by 2 or more households at least one of which is not an
eligible household but where all of the households sharing the dwelling are
part of the same family unit, the housing component is determined under
sub-paragraph (1), (3) (4), (5) or (6) as the case requires, subject
to the following –
(a) a dwelling is appropriate to the needs of
the household if it is no larger than is reasonably necessary for all the
eligible households sharing the dwelling (or the eligible household, if there
is only one), or if, having regard to all the circumstances, it would be
unreasonable to expect all or any of the eligible households (or the eligible
household, if there is only one) to move from that dwelling;
(b) only one housing component is payable in
respect of the dwelling; and
(c) where there is more than one eligible
household, the component is divided equally between all the eligible households
entitled to it.
(12) If
a dwelling is shared by 2 or more households, such households not being part of
the same family unit, the housing component that is payable to each eligible
household is determined in accordance with clause (a) or (b), as the case
requires –
(a) in the case of an eligible household that
occupies a dwelling under a lease or licence the housing component is whichever
amount described in sub-clause (i) or (ii) is the lower –
(i) the
actual weekly rent payable by the household, or
(ii) the
amount calculated as follows –
H/B x C
Where –
H is the number of bedrooms
comprised in the part of the dwelling that is occupied by the eligible
household if such part is appropriate to the needs of the household, or, if not
appropriate, the number of bedrooms comprised in a part of dwelling that is
appropriate to such needs;
B is the total number of
bedrooms that are comprised in the dwelling;
C is –
(i) in the case of
private sector housing, the rate payable under sub-paragraph (2), or
(ii) in the case of
social housing, the rate payable under sub-paragraph (13),
for a dwelling of a description
that refers to the total number of bedrooms that are comprised in the dwelling;
(b) in the case of an eligible household that
owns a dwelling –
(i) if
the dwelling is appropriate to the needs of the eligible household, the housing
component is the rate payable under sub-paragraph (7) in respect of a
dwelling of that description, or
(ii) if
the dwelling is not appropriate to the needs of the eligible household, the
housing component is the rate payable under sub-paragraph (7) in respect
of a dwelling of a description that is appropriate to the needs of the eligible
household.
(13) The
rates payable under this sub-paragraph are –
|
(a)
|
in
the case of a hostel
|
£106.19
|
|
(b)
|
in
the case of lodgings or a bedsit
|
£132.51
|
|
(c)
|
in
the case of a flat with 1 bedroom
|
£195.37
|
|
(d)
|
in
the case of a flat with 2 bedrooms
|
£250.11
|
|
(e)
|
in
the case of a flat with 3 or more bedrooms
|
£268.38
|
|
(f)
|
in
the case of a house with 1 bedroom
|
£223.86
|
|
(g)
|
in
the case of a house with 2 bedrooms
|
£284.34
|
|
(h)
|
in
the case of a house with 3 bedrooms
|
£331.94
|
|
(i)
|
in
the case of a house with 4 bedrooms
|
£361.83
|
|
(j)
|
in
the case of a house with 5 or more bedrooms
|
£400.54.
|
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 (ca) 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 (ca) of the Law as a consequence of
paragraph 1(2).
(5) 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) or (b) of the Law as a consequence of
paragraph 1(5).
6 Personal
care element[29]
(1) A
household is entitled to the personal care element in respect of any member of
the household if he or she is –
(a) an
adult or child who has the score described in sub-paragraph (3)(a);
(b) an
adult who has the score described in sub-paragraph (3)(b);
(c) an
adult who has the score described in sub-paragraph (3)(c) and who is not
receiving long-term care; or
(d) an adult aged 18 or over who is
assessed by an approved registered person as having personal care needs that
are permanent and requiring an approved care package, and –
(i) is
not receiving any personal care element under clause (a), (b) or (c), and
(ii) does
not meet the condition under Article 3(2)(a) of the Long-Term Care
(Jersey) Law 2012[30] and is not receiving any benefit under that Law.
(2) Except
in the case of an adult referred to in sub-paragraph (1)(d), the rate of
personal care element payable to a member of a household is calculated
by –
(a) in accordance with the directions set out in
Part 1 of Schedule 2, 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
|
£24.43
|
|
(b)
|
for a
score of at least 36 but less than 56
|
£107.24
|
|
(c)
|
For a
score of at least 56
|
£154.07.
|
(4) The rate of personal care element in respect
of a member of a household referred to in sub-paragraph (1)(d) shall be
whichever amount is the lower of –
(a) the net weekly cost of an approved care
package for that member having taken account and deducted the amount of any funding
or subsidy provided by the Minister for Health and Social Services with respect
to the cost of the approved care package; and
(b) the weekly rate set at the lowest level of
standard care provided under Article 8 of the Long-Term Care (Benefits)
(Jersey) Order 2014[31].
(5) In this paragraph –
“approved care
package” means a care package, approved by an approved registered person,
for providing personal care for a person assessed by the approved registered
person as having personal care needs that are permanent, such personal care
being provided in the person’s home or other premises not being an
approved care home;
“approved registered
person” has the meaning given by Article 1(1) of the Income Support
(General Provisions) (Jersey) Order 2008[32];
“permanent”
means continuing or likely to continue for the rest of a person’s life;
“personal care”
means assistance with every day activities (such as bathing, dressing, grooming
and eating) given to a person with a physical, sensory, mental or cognitive impairment
which makes that person unable to care for himself or herself.
7 Mobility
element[33]
(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 long-term care in an approved care home.
(3) The rate of mobility element of the
impairment component is –
(a) £24.43; or
(b) £48.79 if the person’s average
weekly earnings exceed the amount in this clause.
(4) Whether or not a statement set out in
Part 2 of Schedule 2 applies to a member of a household shall be
assessed in accordance with the directions set out in that Part.
8 Clinical
cost element[34]
(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) £3.43; 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, £6.86.
(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 (ca) 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[35];
“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[36]
(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
|
£7.00
|
|
(b)
|
for a
child aged 3 years or over
|
£5.46.
|
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 –
(i) is
not in receipt of a personal care element of the impairment component at the
rate mentioned in paragraph 6(3)(c), and
(ii) has
not been assessed, under Article 5 of the Long-Term Care (Jersey) Law 2012[37], as being in need of long-term care; and
(c) at least one of the persons cared
for –
(i) meets
the criteria for the rate payable in respect of the personal care element of
the impairment component under paragraph 6(3)(c), or
(ii) has
been assessed, under Article 5 of the Long-Term Care (Jersey) Law 2012, as
being in need of long-term care.
(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 (ca) 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.
(3) A
household is not entitled to a carer’s component in respect of any carer
while the household is not entitled to a basic component under Article 5(2)(a)
or (b) of the Law in respect of the carer as a consequence of paragraph 1(5).
12 Rate for the carer’s
component[38]
The rate payable in respect of the
carer’s component is £49.84.
SCHEDULE
2[39]
(Schedule 1, paragraph 6(2))
part
1: statements in respect of personal care element of impairment component
Directions
(1) A
statement in respect of any of the activities numbered 1 to 12B in
the table shall be selected having regard only to the member of the
household’s physical and sensory abilities.
(1A) Where
a member of a household is normally fitted with or normally wears a prosthesis,
he or she shall be assessed as if he or she was fitted with or wearing that
prosthesis.
(1B) Where
a member of a household normally wears or normally uses any aid or appliance,
or could reasonably be expected to normally wear or normally use any aid or
appliance, he or she shall be assessed as if he or she was wearing or using
that aid or appliance.
(2) A
statement in respect of any of the activities numbered 13 to 18 in
the table shall be selected having regard only to the member of the
household’s mental and cognitive abilities.
|
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
|
|
|
|
|
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
|
|
|
|
|
a) has no
light perception
|
15
|
3 years
|
None
|
|
b) cannot
see well enough to read 16 point print at a distance of at least 20
cm
|
15
|
3 years
|
None
|
|
c) has 50% or greater reduction of
visual fields
|
15
|
3 years
|
None
|
|
d) cannot
see well enough to recognise a friend at a distance of 5 metres
|
9
|
1 year
|
None
|
|
e) has 25% or more but less than
50% reduction of visual fields
|
6
|
1 year
|
None
|
|
f) cannot see well enough to recognise
a friend at a distance of at least 15 metres
|
6
|
1 year
|
None
|
|
e) none of
the above
|
0
|
1 year
|
None
|
|
10 Hearing
|
|
|
|
|
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 Seizures causing loss of
consciousness or altered consciousness: persons aged 12 and over
|
|
|
|
|
a) in the
past 6 months has had 6 or more seizures with loss of consciousness
or altered consciousness and either –
|
15
|
12 years
|
None
|
|
(i) was
awake when the seizure commenced but had no useful warning of the seizure, or
(ii) had
dangerous post-ictal behaviour
|
|
|
|
|
b) in the
past 6 months has had 3 or more seizures with loss of consciousness
or altered consciousness and either –
|
9
|
12 years
|
None
|
|
(i) was
awake when the seizure commenced but had no useful warning of the seizure, or
(ii) had dangerous
post-ictal behaviour
|
|
|
|
|
c) in the
past 6 months has had 1 or more seizures with loss of consciousness
or altered consciousness and either –
|
6
|
12 years
|
None
|
|
(i) was
awake when the seizure commenced but had no useful warning of the seizure, or
(ii) had dangerous
post-ictal behaviour
|
|
|
|
|
d) none of
the above
|
0
|
12 years
|
None
|
|
12B Seizures causing loss of consciousness or
altered consciousness: persons aged under 12
|
|
|
|
|
a) at least
once a week in the past 6 months has had a seizure with loss of
consciousness or altered consciousness and was awake at any time during the
seizure
|
15
|
1 year
|
12 years
|
|
b) at least
once a month in the past 6 months has had a seizure with loss of
consciousness or altered consciousness and was awake at any time during the
seizure
|
9
|
1 year
|
12 years
|
|
c) at least
once every 2 months in the past 6 months has had a seizure with
loss of consciousness or altered consciousness and was awake at any time
during the seizure
|
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
|
part
2: statements in respect of mobility element of impairment component
(Schedule 1, paragraph 7(1))
Directions
(1) A
statement in respect of any of the activities numbered 1 to 3 shall
be selected having regard only to the member of the household’s physical
and sensory abilities.
(2) Where
a member of a household is normally fitted with or normally wears a prosthesis,
he or she shall be assessed as if he or she was fitted with or wearing that
prosthesis.
(3) Where
a member of a household normally wears or normally uses any aid or appliance,
or could reasonably be expected to normally wear or normally use any aid or
appliance, he or she shall be assessed as if he or she was wearing or using
that aid or appliance.
(4) A
statement in respect of any of the activities numbered 4 to 6 shall
be selected having regard only to the member of the household’s mental
and cognitive abilities.
1 Walking
(a) Cannot walk at all.
(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.
(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.
Note: Statement is not relevant in the case of child under the age of
3 years.
2 Vision,
including visual acuity and visual fields, in normal daylight or bright
electric light
(a) Has no light perception.
(b) Cannot see well enough to read 16 point
print at a distance of at least 20 cm.
(c) Has 50% or greater reduction of visual
fields.
(d) Cannot see well enough to recognise a friend
at a distance of at least 5 metres.
Note: Statement is not relevant in the case of child under the age of
3 years.
3 Seizures
causing loss of consciousness or altered consciousness
In the past 6 months
has had one or more seizures with loss of consciousness or altered
consciousness and either –
(a) was awake when the seizure commenced but had
no useful warning of the seizure; or
(b) had dangerous post-ictal behaviour.
Note: Statement is not relevant in the case of 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 instructed 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.