Income Support Medical Appeal Tribunal: Re-Appointment of member.

STATES OF JERSEY

INCOME SUPPORT MEDICAL APPEAL TRIBUNAL: RE-APPOINTMENT OF MEMBER

Lodged au Greffe on 15th August 2023 by the Minister for Social Security

Earliest date for debate: 12th September 2023

STATES GREFFE

2023  P.60

PROPOSITION

THE STATES are asked to decide whether they are of opinion −

in accordance with Article 9 of the Income Support (Jersey) Law 2007 and further to a process overseen by the Jersey Appointments Commission, to make the following appointment to the Income Support Medical Appeal Tribunal, for the periods stated below –

Dr Benjamin Griffiths   4 years MINISTER FOR SOCIAL SECURITY

REPORT

1. Background

Article 15 of the Income Support (General Provisions) (Jersey) Order 2008 provides for the composition of the Income Support Medical Appeal Tribunal (“ISMAT”) and the terms of appointment of its members.

The ISMAT hears appeals on the award of the impairment component under the Income Support system and any other decisions made on medical grounds. It may also hear appeals  regarding  care  requirements  for  Home  Carer’s  Allowance  and  the  care assessments for Long-Term Care. 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 Department’s Determining Officers.

The ISMAT consists of a Chairman, (or a Deputy Chairman) holding a qualification in law, a medical practitioner, and a lay member.

Medical Practitioners appointed to the ISMAT must be currently licensed to practice medicine with the UK’s General Medical Council. The role of the medical practitioner is to help the Tribunal interpret and understand specific clinical information and its relevance, or not, in the determination.

The lay member must have experience either through their work having cared for someone, or because of their own situation, of the needs of someone with a disability. Panel members use this experience to interpret the information provided and consider whether a reasonable assessment has been made.

This report recommends the re-appointment of a medical practitioner.

2. Tribunals

The Minister is responsible for the constitution of 3 different Tribunal Panels – the Social Security Medical Appeal Tribunal (“SSMAT”), the Social Security Tribunal (“SST”) and the Income Support Medical Appeal Tribunal. Where appropriate, Panel members are appointed to other Tribunals, ensuring a stronger pool available for each Tribunal.

3. Terms of appointment

The Income Support (General Provisions) (Jersey) Order 2008 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 this re-appointment. The proposed candidate has completed their initial term of office, which was for 5 years, and is now eligible for reappointment for a further 4 years, to comply with the Appointment Commission’s guidance of a maximum of nine years served. The Minister is confident that the individual proposed has the skills necessary to uphold the fairness and integrity of the tribunal system.

4. Member proposed for appointment

Medical Practitioner to the Social Security Medical Appeal Tribunal:

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P.60/2023

Dr. Benjamin John Griffiths was born and schooled in Jersey. He worked for the Chief Minister’s Department from 2006 to 2008 and qualified in Medicine in London in 2012.

Dr. Griffiths covers anaesthetics, peri-operative medicine and intensive care medicine. He has, separately, been appointed as a Medical Member of the First Tier Tribunal of England and Wales. Dr. Griffiths has been a member of the Income Support Medical

Appeal Tribunal since 10th April 2018.

Financial and staffing implications

There are no financial or staffing implications for the States arising from the adoption of this Proposition.