Overlapping benefits (FOI)

Request  

In the last 3 years how many individuals have been receiving Home Carers Allowances and Survivors Pension but once they have reached the official pensionable age, had to choose between one or the other due to the Overlap of Benefits Law 1975?

Response

The number of individuals who, in the last three years have had to choose between one benefit or the other, is fewer than five.

Due to the low numbers involved it is not possible to provide a further breakdown as this could potentially lead to the identification of individuals, disclosure control has been applied to numbers fewer than five and Article 25 (Personal Information) of the Freedom of Information (Jersey) Law 2011 has been applied.

Article applied

Article 25 - Personal information

(1) Information is absolutely exempt information if it constitutes personal data of which the applicant is the data subject as defined in the Data Protection (Jersey) Law 2018. 

(2) Information is absolutely exempt information if – (a) it constitutes personal data of which the applicant is not the data subject as defined in the Data Protection (Jersey) Law 2018; and (b) its supply to a member of the public would contravene any of the data protection principles, as defined in that Law.

(3) In determining for the purposes of this Article whether the lawfulness principle in Article 8(1)(a) of the Data Protection (Jersey) Law 2018 would be contravened by the disclosure of information, paragraph 5(1) of Schedule 2 to that Law (legitimate interests) is to be read as if sub-paragraph (b) (which disapplies the provision where the controller is a public authority) were omitted.