Delegation of powers to officers

Legislation

Public Finances (Jersey) Law 2005

Delegate

Director General -Customer & Local Services Department1 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

Function Delegated

Approval of non-contentious inter-departmental budget transfers of up to £100,000 under Article 18.

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

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

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.

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 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.

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.

Legislation

Long-Term Care (General Provisions) (Jersey) Order 2012, Article 13A.

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 grant, provisionally grant or refuse an application in respect of an application from a provider of a home care service under the Long-Term Care (Jersey) Law 2012.

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

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)2, 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

Legislation

Social Security (Collection of Class 1 and Class 2 Contributions) (Jersey) Order 2013

Delegate

Customer Services Advisor, Customer & Local Services

Function Delegated

Social security numbers and contribution liability notices (Article 2)

Scope of delegation

As per article 2, by providing new or replacement registration cards. 2 Social security numbers and contribution liability notices

1. A person on becoming an insured person must apply to the Minister for –

1. a social security registration number; and
2. a contribution liability notice.

2. The contribution liability notice shall take the form of a code comprising –

1. the letters "FR1" in the case of a person who is liable for contributions; and

2. the  letters  "XR1"  in  the  case  of  a  person  who  is  not  liable  for contributions.

3. The application must be made –

1. not later than the end of the month in which the person becomes an insured person; and

2. in the manner directed by the Minister.

4. An insured person who has a contribution liability notice in the form "XR1" and who becomes liable for contributions must, within 7 days of becoming so liable, apply to the Minister for a contribution liability notice in the form "FR1".

5. An insured person who has a contribution liability notice in the form "FR1" and  is  no  longer  liable  for  contributions  must,  as  soon  as  reasonably practicable, apply to the Minister for a contribution liability notice in the form "XR1"

Function Delegated

Administering periods of absence of insured persons

Scope of delegation

As per article 3, through information provided by an insured person:

3 Periods of absence

If an insured person whose liability to pay contributions ceased during a period of absence from Jersey returns to Jersey and becomes ordinarily resident in Jersey, the person must, within 7 days of becoming ordinarily resident, inform the Minister.

Legislation

Social Security (Collection of Class 1 and Class 2 Contributions) (Jersey) Order 2013

Delegate

Group Director, Customer & Local Services

Function Delegated

Application for supplementation of contributions of insured persons

Scope of delegation

As per article 14 paras 1-3

This is automated through rules set in the NESSIE computer system, based on earnings information provided by employers or income information provided by self-employed/non-employed people.

14 Application for supplementation

1. This Article applies where a person claims to be entitled to have his or her contributions supplemented out of the Social Security Fund in accordance with Article 9 of the Law.
2. An application for supplementation must –

1. be made in writing in such form as the Minister may approve or direct; and
2. be accompanied by such evidence of the applicant's income and contributions the applicant has paid or been credited with as the Minister may require.

3. The Minister shall not approve the application unless it is satisfied that the sum of the contributions that the applicant is required to pay and entitled to be credited with entitles the applicant to have those contributions supplemented in accordance with Article 9 of the Law.

Legislation

Social Security (Collection of Class 1 and Class 2 Contributions) (Jersey) Order 2013

Delegate

Comptroller of Revenue, Revenue Jersey

Function Delegated

Application for supplementation

Scope of delegation

As per article 14 para 4

14 Application for supplementation

(4) Despite paragraph (3), the Minister shall not approve the application if it is satisfied that applicant has intentionally arranged his or her affairs to take advantage of Article 9 of the Law.

Legislation

Income Support (Jersey) Law 2007

Delegate

Determining Officers appointed under the Income Support (Jersey) Law 2007

Function Delegated

Article 5 (3A), to require

1. an assessment to be made for the purpose of ascertaining the nature and degree of a person's physical, sensory or mental impairment;
2. approval of a care package in respect of a person's physical, sensory or mental impairment; or
3. both an assessment to be made in accordance with sub-paragraph (a) and an approval to be given in accordance with sub-paragraph (b),

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)

1. In the case of a claimant who is unable to act who –

(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.

2. However, such appointment shall terminate –

1. if the claimant is received into guardianship, or has appointed, in relation to him or her, such a person as mentioned in paragraph (1)(b) or a tuteur;
2. at the request of the person appointed;
3. if revoked by the officer; or
4. if the claimant becomes able to act.

3. In this Article "claimant" includes any member of a claimant's household who is required, under Article 7, to furnish information and evidence in support of a claim

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 –

1. the manner and method of payment of the award; and
2. such other particulars as may be determined by the determining officer.

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