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STATES OF JERSEY
STATES OF JERSEY LAW 2005: DELEGATION OF FUNCTIONS – MINISTER FOR SOCIAL SECURITY – REVISED DELEGATIONS SEPTEMBER 2020
Presented to the States on 19th October 2020 by the Minister for Social Security
STATES GREFFE
5
2020 R.115
REPORT
On 9th September 2020, the Minister for Social Security made a Ministerial Decision delegating certain of her functions under Articles 28, 30 and 30A of the States of Jersey Law 2005 (see Decision reference MD-S-2020-0054, available at www.gov.je).
Article 28 of the States of Jersey Law 2005 permits a Minister to delegate, wholly or partly, functions to an Assistant Minister or an officer.
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The Law states, inter alia –
"28 Power of Minister to delegate functions
- A Minister may delegate, wholly or partly, functions conferred upon or vested in the Minister by or under this Law or any other enactment or any enactment of the United Kingdom having effect in Jersey, to –
- one of his or her Assistant Ministers;
- an officer.
(1A) A Minister shall not delegate to an Assistant Minister any function the
delegation of which is wholly prohibited by an enactment.
(1B) Where a Minister delegates to an Assistant Minister a power to make an enactment, paragraphs (4) and (5) of Article 26 shall apply to the making
of an enactment by the Assistant Minister, in exercise of the delegated power, as they would apply to the making of the enactment by the Minister.
- A Minister shall not delegate to an officer –
- any power to make an enactment;
- any power to decide an appeal under an enactment;
- any function the delegation of which is prohibited wholly, or to an officer, by an enactment.
- The delegation of functions by a Minister under this Article shall not prevent the Minister exercising those functions personally.
- Where any licence, permit or authorization is granted in purported exercise of functions delegated under paragraph (1), no criminal proceedings shall lie against any person for any act done, or omitted to be done, in good faith and in accordance with the terms of the licence, permit or authorization, by reason that the functions had not been delegated, or that any requirement attached to the delegation of the functions had not been complied with.
- In this Article –
"Minister" includes the Chief Minister;
"officer" means a States' employee within the meaning of the Employment of States of Jersey Employees (Jersey) Law 2005 and includes a member of the States of Jersey Police Force and an officer appointed under paragraph 1(1) of Part 1 of Schedule 2 to the Immigration Act 1971 as extended to Jersey by the Immigration (Jersey) Order 1993.
- The States may by Regulations amend the definition "officer" in paragraph (5)."
"30 Ministerial delegations to be presented to States
- A Minister who delegates functions under Article 28 shall present to the States a report specifying the functions delegated and to whom.
- A Minister shall not be required to present a report under paragraph (1) where the delegation is so immediate and of such brief duration that it is not practicable to present the report before the delegation ends.
30A List of delegations to be published
- The Chief Minister shall cause to be established, maintained and published a consolidated list of –
- the functions for the time being discharged by the Chief Minister and by each Minister;
- the functions for the time being delegated by the Chief Minister and each Minister under Article 28, and to whom.
- The list shall also specify which Minister is discharging, for the time being, the functions of another Minister under Article 27(1) or (2).
- The information described in paragraph (1)(b) or (2) is not required to be incorporated in the list where the period for which the delegation has effect or for which one Minister's functions are being discharged by another is so immediate and of such brief duration that it is not practicable to amend and publish the list to incorporate the information before the end of the period.
- It shall be sufficient if the list is published on a website."
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The terms of the delegations, and the legislation under which those delegations were made, were recorded in a Report attached to the Ministerial Decision, as shown below – _____________________________________________________________________
The Minister for Social Security confirmed a decision regarding delegating certain of her functions under Article 28 of the States of Jersey Law 2005 as shown below:
Delegation of financial authorities: BUDGETING
Legislation | Public Finances (Jersey) Law 2005 |
Delegate | Director General -Customer & Local Services Department[1] Finance Business Partner |
Function Delegated | Submission of Budget Estimates for the Medium-term Financial Plan under Article 38. |
Legislation | Public Finances (Jersey) Law 2005 |
Delegate | Director General -Customer & Local Services |
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Function Delegated | Approval of non-contentious inter-departmental budget transfers of up to £100,000 under Article 18. |
EXPENDITURE
Legislation | Public Finances (Jersey) Law 2005 Social Security (Jersey) Law 1974 Health Insurance (Jersey) Law 1967 Long Term Care (Jersey) Law 2012 |
Delegate | Director General - Customer & Local Services |
Function Delegated | • Approving individual orders and the payment of individual invoices • Accepting tenders • Approving store requisitions • The entering into of contracts • Approval of Grant Expenditure |
Scope of delegation | Not exceeding £1,000,000 |
Legislation | Public Finances (Jersey) Law 2005 Social Security (Jersey) Law 1974 Health Insurance (Jersey) Law 1967 Long Term Care (Jersey) Law 2012 |
Delegate | Director General -Customer & Local Services |
Function Delegated | Approval of Losses and Special Payments. |
Scope of delegation | Not exceeding £50,000 |
Legislation | Public Finances (Jersey) Law 2005 Social Security (Jersey) Law 1974 Health Insurance (Jersey) Law 1967 Long Term Care (Jersey) Law 2012 |
Delegate | Director General - Customer & Local Services, and in his/her absence, Group Director Customer & Local Services |
Function Delegated | Approval of Instalment agreements, including deductions from benefit payments. |
Scope of delegation | Not exceeding £1,000,000 |
Legislation | Public Finances (Jersey) Law 2005 Social Security (Jersey) Law 1974 Health Insurance (Jersey) Law 1967 Long Term Care (Jersey) Law 2012 |
Delegate | Director General -Customer & Local Services and in his/her absence, Group Director Customer & Local Services |
Function Delegated | Appointment of Budget-Holders to undertake: • Approving individual orders and the payment of invoices • Accepting tenders • Approving store requisitions • The entering into of contracts • Approval of Losses and Special Payments • Approval of Instalment Agreements • Approval of Grant Expenditure Within defined limits. |
Scope of delegation | Limits must not exceed those delegated to the Director General |
CASH, BANKING AND INVESTMENT
Legislation | Social Security (Jersey) Law 1974 |
Delegate | Director General - Customer & Local Services, and in his/her absence, Group Director Customer & Local Services |
Function Delegated | Article 31 (1) to transfer monies from the Social Security Fund to the Social Security (Reserve) Fund. |
Scope of delegation | To transfer available cash from short-term investment into the Reserve fund for onward investment by Fund managers. |
Legislation | Health Insurance (Jersey) Law 1967 |
Delegate | Director General -Customer & Local Services Department, and in his/her absence, Group Director Customer & Local Services |
Function Delegated | Article 21 (3) to transfer monies from the Health Insurance Fund to the Treasurer of the States or an investment manager for onward investment. |
Scope of delegation | To transfer available cash for onward investment by Fund managers. |
Legislation | Long Term Care (Jersey) Law 2012 |
Delegate | Director General - Customer & Local Services and in his/her absence, Group Director Customer & Local Services |
Function Delegated | Article 11 (2) to transfer monies from the Long-Term Care Fund to the Treasurer of the States or an investment manager for onward investment. |
Scope of delegation | To transfer available cash for onward investment by Fund managers. |
Legislation | Public Finances (Jersey) Law 2005 Social Security (Jersey) Law 1974 Health Insurance (Jersey) Law 1967 Long Term Care (Jersey) Law 2012 |
Delegate | Director General Customer & Local Services and in his/her absence, Group Director Customer & Local Services |
Function Delegated | Administration of the Funds' bank and cash holding accounts, including: • Requesting the set-up of new Bank Accounts (to be approved by the Treasurer of the States) • Submitting authorised signature lists to the Treasurer of the States for approval • Transfer of monies between Accounts within the department without limit • Physical payment of expenditure approved in line with expenditure approval limits |
APPOINTMENT OF DETERMINING OFFICERS
Director General Customer & Local Services, and in his/her absence, Group Director Customer & Local Services is granted the following delegated powers
Legislation | Function delegated |
Article 28 of the Health Insurance (Jersey) Law 1967 | The power to appoint Determining Officers for the determination of any question arising under or in connection with the Health Insurance Law, including any claim for benefit. |
Article 33 of the Social Security (Jersey) Law 1974 | The power to appoint Determining Officers for the determination of any question arising under or in connection with the Social Security Law, the Food Costs Bonus Regulations, the Social Security Bonus Law and the Television Licence Benefit law, including any claim for benefit. |
Article 9 of the Income Support (Jersey) Law 2007 | The power to appoint Determining Officers for the determination of any claim under the Income Support Law, the Food Costs Bonus Regulations and the Social Security Bonus Law. |
Article 8 of the Long- Term Care (Jersey) Law 2012 | The power to appoint Determining Officers for the determination of any question arising under or in connection with the Long-Term Care Law, including any claim for benefit. |
APPROVED REGISTERED PERSONS
Legislation | Income Support (General Provisions) (Jersey) Order 2017, Article 5B |
Delegate | Director General -Customer & Local Services and, in his/her absence, a Group Director or Head of of Work & Family |
Function Delegated | The power to appoint, suspend and remove approved registered persons who may make assessments for the purposes of Article 5 of the Income Support (Jersey) law 2007 |
Legislation | Long-Term Care (General Provisions) (Jersey) Order 2014, Article 12. |
Delegate | Director General Customer & Local Services and in his/her absence, Group Director Customer & Local Services or Senior Manager Pensions and Care |
Function Delegated | The power to appoint, suspend and remove approved registered persons who may make assessments for the purposes of article 5 or article 7 of the Long-Term Care (Jersey) Law 2012, or both. |
APPROVED CARE HOMES
Legislation | Long-Term Care (General Provisions) (Jersey) Order 2012, Article 13. |
Delegate | Director General -Customer & Local Services and in his/her absence, Group Director Customer & Local Services or Senior Manager Pensions and Care |
Function Delegated | The power to approve, suspend approval, and revoke approval in respect of an approved care home under the Long-Term Care (Jersey) Law 2012. |
HYPOTHECS
Legislation | Social Security Hypothec (Jersey) Law 2014, Article 2. |
Delegate | Group Director Customer & Local Services, Senior Manager Pensions and Care, Team Manager Pensions and Care |
Function Delegated | The power to submit an application to the Judicial Greffier to register a Social Security hypothec in the public registry. The power to give notice of the registration of the Social Security hypothec to the debtor. |
Legislation | Social Security Hypothecs (Jersey) Law 2014, Article 4. |
Delegate | Finance Business Partner |
Function Delegated | The power to cancel a Social Security hypothec, following its extinguishment. The power to provide notice to the Judicial Greffier of the extinguishment of the debt. |
Legislation | Social Security Hypothecs (Jersey) Law 2014, Article 5 and Royal Court (Jersey) Law 1948 Article 13 |
Delegate | Group Director, Senior Manager Pensions and Care, Team Manager Pensions and Care |
Function Delegated | The power to submit an application to the Judicial Greffier to register a Social Security hypothec in the public registry. The power to execute the form of notification of the Social Security hypothec. |
Legislation | Social Security Hypothecs (Jersey) Law 2014, Article 5 and Royal Court (Jersey) Law 1948 Article 13 |
Delegate | Finance Business Partner |
Function Delegated | The power to provide written confirmation to the Judicial Greffier of the extinguishment of the debt. |
Legislation | Long-Term Care (General Provisions) (Jersey) Order 2012, Article 13. |
Delegate | Director General - Customer & Local Services and in his/her absence, Group Director Customer & Local Services or Senior Manager Pensions and Care |
Function Delegated | The power to approve, suspend approval, and revoke approval in respect of an approved care home under the Long-Term Care (Jersey) Law 2012 |
DATA SHARING
Legislation | Social Security (Jersey) Law 1974 |
Delegate | Director General -Customer & Local Services and in his/her absence, Group Director Customer & Local Services |
Function Delegated | Article 49 (2)[1], notwithstanding anything in the Controller's oath of office, the Controller may disclose such information as may be required for any purpose approved by the Minister |
Scope of delegation | To enter into Data Sharing Agreements – sharing information for which the Minister is the Data Controller for the agreed purposes of: • minimising the necessity for customers to provide information to different Departments • validating of the accuracy and quality of data received • enabling research, development and evaluation of Ministerial policy with regard to the services provided by each Department (and potentially other parties) • deterring, preventing and detecting of fraud |
ADMINISTRATION OF INCOME SUPPORT
Legislation | Income Support (Jersey) Law 2007 |
Delegate | Determining Officers appointed under the Income Support (Jersey) Law 2007 |
Function Delegated | Article 5 (3A), to require
in support of a claim under Article 4 to entitlement of the person's household to the special component referred to in paragraph (3)(b). |
Scope of delegation | To require an assessment or approval of care package in order to entitle a household to claim for the special component referred to in paragraph (3)(b) of the Law – in respect of a physical, sensory or mental impairment |
Function Delegated | Article 13, Recovery of awards wrongly made |
Scope of delegation | to require that awards wrongly made are repaid; and/or recovered from any other payment made under this Law |
Function Delegated | Article 14, charges over property. To require the payment of interest and specify how much interest is required to be paid. Or, to require repayment by means of instalments. |
Scope of delegation | where a special payment has been made in the form of a loan; or the Determining Officer seeks to recover an award; or the determining officer has exercised his or her discretion under Article 7(3), the amount in question may be secured by means of a hypothec charged on any immovable property owned by the claimant or a member of the claimant's household, or a security interest in shares that confer on the claimant or a member of the claimant's household entitlement to occupy any immovable property, as the case may be. The Determining Officer may require the payment of such interest, if any, as the Determining Officer may specify; or the repayment of the amount in question, plus any interest to be charged, by means of such instalments as the Determining Officer may specify. |
Function Delegated | Article 15, administrative expenses. To pay remuneration and expenses to a member of a tribunal mentioned in Article 9(2) of this Law |
Scope of delegation | To pay to any member of a Tribunal mentioned in Article 9(2) who exercises any functions under this Law, and any other person whose advice or assistance may be required for the purposes of this Law by either of those Tribunals or by a determining officer, such remuneration and expenses as the Determining Officer may determine |
Legislation | Income Support (Jersey) Regulations 2007 |
Delegate | Determining Officers appointed under the Income Support (Jersey) Law 2007 |
Function Delegated | Article 4: Person treated as available for and actively seeking work. To arrange interviews for this purpose |
Scope of delegation | For the purposes of Article 3 of the Law, to arrange interviews to determine that a person is to be treated as available for, and actively seeking, remunerative work |
Legislation | Income Support (General Provisions) (Jersey) Order 2008 |
Delegate | Determining Officers appointed under the Income Support (Jersey) Law 2007 |
Function Delegated | 5A Assessment of impairment and approval of care packages To require an assessment to be made by an Approved Registered Person |
Scope of delegation | To require an assessment to be made for the purpose of ascertaining the nature and degree of a person's physical, sensory or mental impairment, or approval to be given of a care package in respect of a person's physical, sensory or mental impairment, or both, under Article 5(3A) of the Law |
Legislation | Income Support (General Provisions) (Jersey) Order 2008 |
Delegate | Director General of the Customer & Local Services Department, and in his/her absence, a Group Director or Head of Work and Family |
Function Delegated | Article 6 (Manner in which claims are to be made). To specify the manner in which claims are to be made |
Scope of delegation | To require that claims for Income Support are made on an approved form, to approve that form, to refer defective claims to the claimant, and to treat amended claims as if they were made amended in the first instance |
Function Delegated | To require notification of change of circumstances and furnishing of information) |
Scope of delegation | As per Article 8 (Notification of change of circumstances and furnishing of information), to require that a household in receipt of Income Support notify the Determining Officer of any change of circumstance that might affect their claim. To require that the person furnish any information that may be specified and required as a consequence of the change of circumstances. |
Legislation | Income Support (General Provisions) (Jersey) Order 2008 |
Delegate | Director General of the Customer & Local Services Department or a Group Director or Head of Work and Family |
Function Delegated | To appoint a person to act on a claimant's behalf |
Scope of delegation | As per Article 9 (Persons unable to act)
(c) does not have a tuteur, the officer may, on receipt of a written application, appoint a person to act on the claimant's behalf.
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Function Delegated | As per Article 11, to require information in respect of a claim for child personal care |
Scope of delegation | In the case of a claim for child personal care, the information to be included in the claim is such information as the Determining Officer requires to be satisfied that the requirements and criteria for that payment are met. |
Legislation | Income Support (General Provisions) (Jersey) Order 2008 |
Delegate | Determining Officers appointed under the Income Support (Jersey) Law 2007 |
Function Delegated | As per Article 13A, to determine (set) the particulars in a notice of determination or decision |
Scope of delegation | 13A Notice of determination or decision (4) In the case of an award being granted, a notice under this Article must also specify –
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Function Delegated | As per the conditions specified in Article 13C, to administer changes in circumstances affecting payments of Income Support |
Scope of delegation | As per all of the conditions specified in Article 13C (Changes in circumstances affecting payments of income support), to determine the increase or decrease of a claim and the date from which this change will take effect. To require further information for purposes specified in Article 13C |
Legislation | Income Support (Special Payments) (Child Personal Care) (Jersey) Regulations 2014 |
Delegate | Determining Officers appointed under the Income Support (Jersey) Law 2007 |
Function Delegated | As per the conditions of Regulation 2 and 3, to make special payments of child personal care |
Legislation | Income Support (Special Payments) (Long-Term Care) (Jersey) Regulations 2014 |
Delegate | Determining Officers appointed under the Income Support (Jersey) Law 2007 OR the Long-Term Care (Jersey) Law 2012 |
Function Delegated | As per Regulation 2, to make special payment to meet the costs of long-term care |
Scope of delegation | To make a special payment to meet costs of long-term care, if the person meets the conditions specified under Regulation 2 |
The above delegations supersede MD-S-2017-0046.
To note, separate delegations remain in place (MD-S-2020-0036) in response to COVID-19 (Coronavirus).