HUNDREDS of Islanders have thrown their support behind a campaign to overturn an “inhumane” rule which prevents benefits for carers being paid alongside a pension – with a senior scrutineer backing calls for the law to be changed.
Mark Jones, who lost his wife to cancer 13 years ago and is a full-time carer to his two adult children, is demanding an “immediate suspension” to the legislation which he argues “punishes” carers and potentially breaches their human rights.
And, Health and Social Security Scrutiny Panel chair Louise Doublet has now said that she feels “strongly” that the law needs changing and will be urgently raising the matter with Social Security Minister Lyndsay Feltham during a public hearing today.
The Social Security (Overlapping of Benefits) (Jersey) Order 1975 prevents the home carer’s allowance of £1,183, which is paid every four weeks, from being issued alongside other benefits such as an old-age pension. This forces those looking after adult family members to pick between receiving their carer’s allowance or their pension.
In Saturday’s JEP, Mr Jones said overturning the law could help alleviate some of the huge financial burden carer’s face.
And the 69-year-old has now lodged a formal complaint against Jersey’s Social Security Minister, alleging a breach of his human rights under the Human Rights (Jersey) Law 2000 and the European Convention on Human Rights (ECHR).
He argues that several articles, including the prohibition of discrimination and the protection of property, have been violated and has called for an “immediate suspension of the 1975 Order, legislative reform, and backdated pension payments”.
“I’ve worked all my life and paid into the system,” he said.
“Now, because I care for my children – saving the State hundreds of thousands of pounds – I’m told I can’t have the pension I’ve earned.
“It’s disgraceful. This law punishes carers and breaches my rights.
“If I stopped caring, the taxpayer would foot a £300,000 bill each year. Instead, I save the States that money – and they deny me my pension.”
Mr Jones said that the campaign appeared to be gaining momentum and he hoped this would lead to legitimate change.
“I really think there is huge public support,” he said, noting that – for the first time since he started raising the issue years ago – he had “a degree of optimism now that something might come to fruition”.
In 2018, Guernsey overturned similar legislation and allowed a carer’s allowance to be paid at the same time as any benefit under the island’s Social Insurance Law.
Deputy Doublet said: “I am grateful to Mr Jones for bringing this inconsistency in the law to the attention of States Members and Islanders.
“I personally feel strongly that this law should be changed.”
She continued: “My panel are concerned about this and we have discussed this issue today and will be following up with the minister.
“I note that Guernsey have scrapped this law already, and they also have ‘carer status’ as a protected characteristic in their discrimination law, where Jersey does not.”
Deputy Doublet added that “we need to do more to support carers”.
“The carer’s allowance is £1,183 every four weeks and the state pension is currently £1,193 every four weeks,” she continued.
“When we look at data from the UK which shows that disabled households need an extra £1,095 each month on average just to have the same standard of living as non-disabled households – this shows that the current amounts are not sufficient.
“With our higher cost of living in Jersey, the amount needed is likely to be even higher.”
Earlier this week, Carers Jersey chairman Richard Tremellen-Frost said that the organisation was trying to establish how many people were being “caught in this situation” and contended that the issue “can’t be ignored any longer”.
Among the Islanders who have indicated support for Mr Jones is Pride of Jersey award-winner Sophie Reid.
“The way he’s been treated is awful,” she said.
“He’s having to make life decisions between looking after his children or having his pension – and that just shouldn’t be happening.”
She criticised the “ridiculous” policy and argued that even changing the rule to enable a case-by-case approach “would make a difference”.
“The system is just so broken,” she added.
The Social Security Department said it wanted to reassure Islanders that “considerable support is available” to family carers and people with disabilities receiving care at home.
In a statement, a department spokesperson said: “Adults with care needs receiving care at home are eligible for the Long-Term Care scheme which provides up to £1,451.31 a week to support care and respite costs.
“The Home Carer’s Allowance provides £295.75 a week to a carer under the contributory Social Security Scheme. Islanders receiving the HCA can choose, at pension age, to continue with HCA or switch to their old age pension – whichever is more beneficial. This concession is unique to carers who, if they do not have a full pension record, can choose the HCA benefit to ensure they still receive 100% contributory benefit entitlement.”
They added that extra support is available to low-income households through a range of support schemes.
“The minister values the contribution of Islanders who care for loved ones at home and remains committed to improving support for people living with disabilities and their carers, and encourages anyone seeking benefit advice to contact the Employment, Social Security and Housing Department on 444444,” they added.
