LTIA internal procedures and individual means testing for LTC benefits

Request 722974609

I am requesting information under the Freedom of Information (Jersey) Law 2011 regarding the treatment of Long-Term Incapacity Allowance (LTIA) in assessments for Long-Term Care (LTC) benefits. 

Specifically, I would like clarification on: 

1. Whether LTIA is regarded as income when determining eligibility under the Long-Term Care (Benefits) (Jersey) Order 2014. 

2. Any internal policies, guidance documents, or official procedures that confirm LTIA’s treatment in financial assessments for LTC benefits. 

3. Any precedent cases or tribunal decisions where LTIA has been excluded or included in an individual’s means-testing for LTC benefits. 

Response

In response to the questions, please find the information below.

1. Long Term Incapacity Allowance (LTIA) is a benefit payable under the Social Security (Jersey) Law 1974. Therefore, under Article 6(1)(b) of the Long-Term Care (Benefits) (Jersey) Order 2014, copied below, any LTIA benefit received is treated as income for the purposes of calculating entitlement to Long-Term Care.

6        Meaning of “income”

(1)     In this Order, “income” includes any of the following –

a) sums payable to a person (whether under a contract of service or a contract for services or in respect of any other office, employment or arrangement whereby the person is rewarded for work done or services rendered) by way of wages, salary, fees, bonuses, commission, overtime pay or any other emolument including the value of any loan, perquisite or any other benefit in kind;

b) benefits or grants received pursuant to the law of any country or territory;

c) qualifying maintenance payments received;

d) pensions from state and occupational schemes;

e) income from annuities and trusts;

f) interest from bank and building society accounts;

g) dividends and rental income;

h) any other periodical payment to which a person is entitled.

2. Our determining officer guide offers this information regarding the treatment of benefits.

“Income" means all of a household's (claimant, partner and any dependents) gross income including:

1. any pay or profit whereby a person is rewarded for work done or services rendered and includes:

o wages, salary or fees (including over-time pay)

o bonus or commission

o holiday pay, if a bonus is received

o any loan (i.e. a claimant loans daughter £20,000 and daughter is repaying claimant £400 per month)

o any payment or benefit in kind

2. any benefits or grants - including those from another country

3. any maintenance income or payment

4. any pension income or payment from state or occupation

5. any income from annuities and trusts

6. any interest from bank and building society accounts

7. any dividends and rental income

8. any other periodical payment to which a person is entitled

3.There have been no precedent cases or tribunal cases that related to the inclusion or exclusion of LTIA as income for LTC benefit.​