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Social Security Medical Appeal Tribunal: appointment of Deputy Chairmen

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STATES OF JERSEY

SOCIAL SECURITY MEDICAL APPEAL TRIBUNAL: APPOINTMENT OF DEPUTY CHAIRMEN

Lodged au Greffe on 23rd February 2016 by the Minister for Social Security

STATES GREFFE

2016  P.13 (re-issue)

PROPOSITION

THE STATES are asked to decide whether they are of opinion

in accordance with Article 34 of the Social Security (Jersey) Law 1974, and further  to  a  process  overseen  by  the  Jersey  Appointments  Commission, to appoint –

Advocate David Benest,

Ms. Wendy Lambert (Solicitor), and Advocate Bryan Ian Le Marquand

as Deputy Chairmen of the Social Security Medical Appeal Tribunal, each for a period of 5 years.

MINISTER FOR SOCIAL SECURITY

REPORT

  1. Background

Article 6 of the Social Security (Determination of Disablement Questions) (Jersey) Order 1974 provides for the constitution of the Social Security Medical Appeal Tribunal and the terms of appointment of its members.

The Social Security Medical Appeal Tribunal (SSMAT) hears appeals on the award of Long-Term Incapacity Allowance, following assessments made by a Medical Board regarding loss of faculty. The Tribunal will review all facts placed before it by the Appellant and the Minister for Social Security and may confirm, reverse or vary the decision made by the Medical Board.

The constitution of the SSMAT comprises a Chairman (or a Deputy Chairman) holding a qualification in law, and 2 Medical Practitioners (selected from a Panel of up to 8 members).

Medical Practitioners appointed to the SSMAT must be currently licensed to practice medicine with the UK's General Medical Council. The assessment of an award for Long-Term Incapacity Allowance is based on the determination of a loss of faculty, the degree of loss of faculty and the period of the award.

Because of the medical nature of the test, it requires the knowledge and experience of a Medical Practitioner. In the Tribunal, the Medical Practitioner is there to interpret and understand  specific  clinical  information  and  its  relevance  or  otherwise  in  the determination.

This proposition relates to the appointment of Deputy Chairmen.

  1. Tribunals

The Minister is responsible for the constitution of 3 different Tribunal Panels, the Social Security Tribunal (SST), the Income Support Medical Appeal Tribunal (ISMAT), and the Social Security Medical Appeal Tribunal (SSMAT). In consultation with the Judicial Greffe, who are responsible for the convening and administration of the Tribunals, the role of Chairman was developed across all 3 Tribunals to ensure consistency of process and decision-making, and to support the further development of the Tribunals Service. The same principle is being applied, as appropriate, to Deputy Chairmen and Panel members, ensuring a stronger pool available for each Tribunal.

Advocate Sarah Fitz was appointed as Chairman of the SST, ISMAT and SSMAT in December 2015.

  1. Terms of appointment

The Social Security (Determination of Disablement Questions) (Jersey) Order 1974 provides  that  members  of  the  Tribunal  are  appointed  by  the  States  on  the recommendation  of  the  Minister  after  consultation  with  the  Jersey  Appointments Commission.

The Minister therefore recommends the appointment of –

  • Advocate David Benest
  • Ms. Wendy Lambert (Solicitor)
  • Advocate Bryan Ian Le Marquand,

each for a term of 5 years.

The Minister is confident that all individuals proposed have the skills necessary to uphold the fairness and integrity of the tribunal system.

  1. Members proposed for appointment

Deputy Chairmen of the Social Security Medical Appeal Tribunal:

Advocate David Benest  is an Advocate of the Royal Court of Jersey, with over 18 years' legal experience, having also practised as an English Barrister between 1995 and 1999, he qualified as a Jersey Advocate in 1999.

Advocate Benest is the Managing Partner of the recently founded firm Benest Corbett Renouf , and heads up its Insured Risks practice group. He conducts a broad range of litigation-based  work  in  addition  to  Managing  Partner  responsibilities,  with  wide experience of court work in personal injury and clinical negligence, contentious trusts and planning and construction matters.

Joining Bailhache Labesse (now Appleby Global) in 1997, he was appointed as a Partner of the firm in 2001, becoming Managing Partner of the Appleby Global Jersey Office in 2010, before establishing his own firm, David Benest Law, in April 2013.

Advocate Benest is currently Chairman of the Jersey Criminal Injuries Compensation Board  (CICB)  and  sits  on  the  Board  of  Examiners  for  the  local  professional examinations.

In October 2015, Advocate Benest was appointed to the Senior Lawyers Panel of La Chambre de Discipline of the Guernsey Bar.

Ms. Wendy Lambert is a Jersey qualified Solicitor with over 25 years of experience in providing legal advice to Jersey businesses and individuals. Ms. Lambert has provided advice and training to clients in many areas of law, including employment law, business set-up and acquisitions, commercial and residential property, private client, corporate, insolvency and bankruptcy.

Ms. Lambert is Chairman of Jersey Business Limited, a government-funded company supporting and advising businesses in all sections of industry in the Island.

She was Chairman of the Employment Forum for a number of years, actively involved in the development of employment legislation in the Island, and a member of the Law Society Working Committee advising on the Control of Housing and Work (Jersey) Law 2012.

Ms. Lambert  recently  joined  Altair  Partners  Limited  as  a  consultant,  to  provide directorship services to Jersey companies in all sectors of industry.

Advocate (Bryan) Ian Le  Marquand qualified  as an  Advocate in March 1977, becoming a Partner of Le Marquand & Backhurst, and remaining with the firm until 1988.

Advocate Le Marquand was a relief Magistrate from 1987 to 1990 and also acted as a consultant to Olsen, Backhurst and Dorey during that time.

Advocate Le Marquand was appointed Judicial Greffier in 1990, Master of the Royal Court in 1997 and Magistrate in 1999. From December 2008 to November 2014, he was elected as a Senator of the States of Jersey, and was appointed to the role of Minister for Home Affairs.

With almost 25 years of experience of the public sector in different roles, he is a very experienced judge and expert on Court procedures.

Financial and manpower implications

There are no additional financial or manpower implications for the States arising from this proposition.

 _____________________________________________________________________ Re-issue Note

This  Projet  is  re-issued  to  correct  an  administrative  error  at  the  Social  Security Department, which erroneously referred to Ms. Wendy Lambert as an Advocate, when in fact she is a Solicitor.

Related Publications

Votes

Vote: Carried 22 March 2016

Minutes

Hansard