Long Term Incapacity Allowance information (FOI)

Request 

A

Please could I have access to the Long Term Incapacity Allowance regulations for neurological conditions and the numbers of people receiving support for such disabilities and the maximum amount paid.

B

Please tell me the number of children receiving impairment allowance for the neurological disability Attention Deficit Hyperactivity Disorder alone and with comorbid conditions such as anxiety.

C

Please could I also have this information on children with the neurological disabilities Autism and Tourette's and those with other comorbidities.

D

Furthermore, please could I have this information regarding the support given to adults on long term incapacity due to ADHD and comorbid conditions and those with other neurological disabilities including Autism and Tourette's.

E

The maximum award for these disabilities and the process of establishing the level of award to Impairment when it comes to neurological disabilities for example the sensory needs of individual with the above conditions and the level of executive dysfunction suffers may exhibit.

F

Could we also have information regarding why the disability ADHD is excluded from adult support such as lTIA despite evidence that it continues into adulthood and has a significant detrimental effect on adults suffers daily lives.

G

Furthermore, please could you provide me with information regarding which of these conditions are regarded as disabilities under the law. 

Response

A

The Long Term Incapacity Allowance legislation is publicly available as follows: 

Social Security (Jersey) Law 1974 (jerseylaw.je)

Social Security (Assessment of Long Term Incapacity) (Jersey) Order 2004 (jerseylaw.je)

The following, although not legislation, may also be useful:

Medical assessments for Social Security benefits (gov.je)

The medical conditions a person is claiming for will be referred to within a person's individual claim. Therefore it is not possible to give a breakdown of all individual neurological conditions, as this would need to be undertaken manually, taking more than the prescribed 12.5 hours to do that work. Article 16 of the Freedom of Information (Jersey) Law 2011 has therefore been applied.

The maximum award for any long-term incapacity allowance claim is £232.47 per week.

B and C

The medical conditions a person is claiming for will be referred to within a person's individual claim. Therefore it is not possible to give a breakdown of all individual neurological conditions as this would need to be undertaken manually, taking more than the prescribed 12.5 hours to do that work. Article 16 of the Freedom of Information (Jersey) Law 2011 has therefore been applied.

D
Long Term Incapacity is a contributory benefit awarded for loss of faculty that is likely to be permanent and the legislation does not recognize any condition a person is born with. The specific legislation that relates to this is Article 2(1)(d) of the Social Security (Assessment of Long Term Incapacity Allowance) (Jersey) Order 2004 which can be found in the following link:

Social Security (Assessment of Long Term Incapacity Allowance)(Jersey) Order 2004

E 
The maximum amount an adult could be awarded for the impairment component of income support for any condition is £158.76 per week. The maximum awarded to a child for the income support Child Personal Care benefit for any condition is £154.07 per week.

Information for the process of awarding both adult and child impairment component awards can be found in the following links:

Support for children with severe long-term illnesses or disabilities (Child Personal Care benefit) (gov.je)

Medical assessments for Social Security benefits (gov.je)

F

Long Term Incapacity is a contributory benefit awarded for loss of faculty that is likely to be permanent and the legislation does not recognize any condition a person is born with. The specific legislation that relates to this is Article 2(1)(d) of the Social Security (Assessment of Long Term Incapacity Allowance) (Jersey) Order 2004 which can be found in the following link: 

Social Security (Assessment of Long Term Incapacity Allowance)(Jersey) Order 2004

G

The Income Support (Jersey) Law 2007 provides a component for any person in the household who has a physical, sensory or mental impairment.

The Social Security (Jersey) Law 1974 provides Long Term Incapacity Allowance for persons who as a result of the relevant disease or injury is suffering from a loss of physical or mental faculty which is likely to be permanent. This is subject to other conditions being satisfied such as age and contribution conditions.

Neither of these Laws contains a definition of 'Disability'.

The Discrimination (Jersey) Law 2013 at Article 8 of Schedule 1 does provide a definition of 'Disability' for the purpose of that Law.

 The Discrimination (Jersey) Law 2013

Articles applied

Article 16 - A scheduled public authority may refuse to supply information if cost excessive

(1) A scheduled public authority that has been requested to supply information may refuse to supply the information if it estimates that the cost of doing so would exceed an amount determined in the manner prescribed by Regulations.

Article 23 - Information accessible to applicant by other means

(1) Information is absolutely exempt information if it is reasonably available to the applicant, otherwise than under this Law, whether or not free of charge.
(2) A scheduled public authority that refuses an application for information on this ground must make reasonable efforts to inform the applicant where the applicant may obtain the information.