House of Keys Tuesday 8Th May 2012 — Oral Question 3 — Road Maintenance Response to Supplementary Question by Mr Singer

HOUSEOFKEYS YCHIAREASFEED

SUPPLEMENTARY MATERIAL

Douglas, Tuesday, 8th May 2012

Relating to Questions for Oral Answer 1.3 Road maintenance – Progress and priorities...... 2 1.6 Department of Social Care – Employment of retired civil servants ...... 5 1.7 Pulrose Farm - Pre-agreement checks on developer...... 6 1.8 Mobility Allowance – Age guillotine for new claimants...... 19 1.9 EMI Unit Deputy Manager – Offer of relocation package...... 25

All published Official Reports can be found on the Tynwald website www.tynwald.org.im/Official Papers/Hansards/Please select a year:

Volume 129, No. 20

ISSN 1742-2264

Published by the Office of the Clerk of Tynwald, Legislative Buildings, Finch Road, Douglas, Isle of Man, IM1 3PW. © Court of Tynwald, 2012 infrastructure bun-troggalys isle of Man Government Office of the Minister

Ity ∎ Hen Venn. and Chief Executive Switchboard: (01621) 686600 To All Tynwald Members Contact: Christine Wilson Telephone: (01624) 686642 Fax: (01624) 686617 Email: [email protected] Our Ref: DCC/RP/ pj/cw Date: 21 May 2012

Dear Members

House of Keys Tuesday 8th May 2012 — Oral Question 3 — Road maintenance Response to Supplementary Question by Mr Singer

At the above sitting of Keys, I undertook to provide information in relation to a supplementary question from Mr Singer concerning payments to private contractors for undertaking work to the highways on behalf of the Department.

My officers have advised that the Department has spent approximately £4,082 million with the private sector in 2011/12.

Yours sincerely

Hon D C Cretney MHK Minister

cc: Mr R D Pearson, Director of Highways

Department of Infrastructure Sea Terminal Building, Douglas, Isle of Man, IM1 2RF 2 From: Gordon, Erica Sent: 22 May 2012 5:08 PM To: Subject: Letter from David Cretney - error

Dear Tynwald Members,

Please accept my sincere apologies for the typo contained within the letter attached in an earlier e mail. (In relation to Mr Singer’s supplementary question in Keys on 8th May)

It should read:-

My officers have advised that the Department has spent approximately £4.082 million with the private sector in 2011/12.

Regards.

Erica Gordon

Erica Gordon Executive Support Officer Office of the Minister & Chief Executive Dept of Infrastructure, Isle of Man Government Sea Terminal, Douglas,Isle of Man IM1 2RF tel 01624 686692 fax 01624 686617 http://www.twitter.com/iominfra

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RAAUE: S’preevaadjagh yn çhaghteraght post-l shoh chammah’s coadanyn erbee currit marish as ta shoh coadit ec y leigh. Cha nhegin diu coipal ny cur eh da peiagh erbee elley ny ymmydey yn chooid t’ayn er aght erbee dyn kied leayr veih’n choyrtagh. Mannagh

3 nee shiu yn enmyssagh kiarit jeh’n phost-l shoh, doll-shiu magh eh, my sailliu, as cur-shiu fys da’n choyrtagh cha leah as oddys shiu.

Cha nel kied currit da failleydagh ny jantagh erbee conaant y yannoo rish peiagh ny possan erbee lesh post-l er son Rheynn ny Boayrd Slattyssagh erbee jeh Reiltys Ellan Vannin dyn co-niartaghey scruit leayr veih Reireyder y Rheynn ny Boayrd Slattyssagh t’eh bentyn rish.

Department of Social Care Isle of Man Rheynn Kiarail y Theay Government

Re Ella), V annin

From the Office of the Minister Hon Chris Robertshaw MHK

Your Ref: — Hon Chris Robertshaw MHK Our Ref: CR/II Minister for Social Care 4th Floor, Markwell House Market Street Douglas May 2012 Isle of Man IM1 2RZ

Tel: (01624) 686431 To All Hon Members of Council and Keys e-mail: [email protected]

„C:204 Ce5t6laca

Re: Employment of Retired Civil Servants

In my response to the Honourable Member for Malew and Saton's question in relation to the employment of retired civil servants raised at the sitting of the House of Keys on 8th May, I can confirm that the person concerned is a self employed consultant contracted directly to my Department. His terms of reference are to carry out project management duties on several key capital housing projects on a part time basis. He works under the direction of a senior officer within the Department. The consultant is professionally qualified to undertake the duties assigned to him. The nature of the services provided by this consultant do not warrant indemnity policy cover. All financial, programme and project decisions relating to the consultant's work are ratified by my Department.

I hope this clarifies the consultant's status.

Yours sincerely

Hon Chris Robertshaw MHK Minister

Department of Social Care Isle of Man Rheynn Kiarail y Theay Government

Re41ty, Elian Varrnn

From the Office of the Minister Hon Chris Robertshaw MHK

Your Ref: — Hon Chris Robertshaw MHK Our Ref: CR/II Minister for Social Care 4th Floor, Markwell House 25th May 2012 Market Street Douglas Isle of Man IM1 2R2

All Hon Members of Council and Keys Tel: (01624) 686431 e-mail: [email protected]

Ceibot crsz-

Re: Pulrose Farm Section 13 Agreement

In my response to the question raised at the recent sitting of the House of Keys on 8th May I can confirm that all the Section 13 Agreements for affordable housing contain a requirement for the Developer to provide an NHBC or equivalent warranty to first time buyers in respect of each property sold and that requirement is included in the Pulrose Farm Agreement. To date all such properties sold as a result of Section 13 Agreements have been provided with NHBC warranties. These warranties provide the initial or subsequent purchaser with cover for making good of defects arising in the first two years of the life of an individual dwelling and a 10 year structural warranty from the date of completion of the dwelling and therefore, I trust, would meet the objective of the matter raised in the Keys.

I enclose for your information, as requested, a copy of the original Section 13 Agreement for the Pulrose Farm development.

Your sincerely

Hon Chris Robertshaw MHK Minister

6 PLANNING AGREEMENT UNDER THE TOWN AND COUNTRY PLANNING ACT 1999

V k\:PC (- 2011 Date I k-t% \\:\) ∎

PARTIES: (1) The DEPARTMENT OF INFRASTRUCTURE (a Department of the Isle of Man Government) of Sea Terminal Building Douglas Isle of Man IM1 2RF ("the Dor') (2) The DEPARTMENT OF SOCIAL CARE (a Department of the Isle of Man Government) of Hillary House Prospect Hill Douglas Isle of Man IMI 1EQ ("the DSC") (3) The MAYOR ALDERMEN AND BURGESSES OF THE BOROUGH OF DOUGLAS (a 410 local authority for the borough of Douglas) of the Town Hall Ridgeway Street Douglas Isle of Man 1M99 lAD ("Douglas Borough Counts(") (4) HAVEN HOMES LIMITED (company number 104985C) a company incorporated in the Isle of Man and having its registered office situate at Marina Lane Port Erin Isle of Man IM9 6LB ("the Owner") (5) PULROSE FARM LAND COMPANY LIMITED of 2 Truggan Close Port Erin Isle of Man IM9 6JR ("Mortgagee 1") INTRODUCTION 1. The DoI is the planning authority for the purposes of the Act for the Isle of Man and the DSC is the housing authority in the Isle of Man 2. Douglas Borough Council is the local authority for the borough of Douglas and was the vendor of the Site when sold to the Owner 3. The Owner is the freehold owner of the Site 1. Mortgagee 1 has the benefit of a first legal charge by virtue of a Deed of Conditional Bond and Security dated the 29th day of June 2009 secured on the Site 5. A planning application was made to the Planning Authority under reference PA 10/0014918 in respect of the Site and the parties have agreed to enter into this deed in order to secure the planning obligations contained in this Deed 6. The Council of Ministers resolved on the 8th day of July 2010 to grant the Planning Approval subject to completion of this Deed NOW THIS DEED WITNESSES AS FOLLOWS:

7 OPERATIVE PART 1. DEFINMONS For the purposes of this Deed the following expressions shall have the following meanings: "Act" the Town and Country Planning Act 1999 (as amended or superseded) "Affordable Housing Units" means one hundred percent (100%) of the dwelling houses and apartments to be built on the Site and to be sold to and lived in by a person or persons qualifying as a first time buyer under the Scheme "Application" means the application for detailed planning approval submitted to the Planning Authority and allotted reference number 410 PA10/00149/B "Commencement of Development" the date on which any material operation (as defined in Section 6 of the Act) forming part of the Development begins to be carried out other than (for the purposes of this Deed and no other purpose) operations consisting of site clearance demolition work archaeological investigations investigations for the purpose of assessing ground conditions remedial work In respect of any contamination or other adverse ground conditions diversion and laying of services erection of any temporary means of enclosure the temporary display of site notices or advertisements and "Commence Development' shall be construed accordingly • "Commuted Sum" means the sum of TWENTY THOUSAND POUNDS (a:comoo for the provision of the offsite open space to be paid to Douglas Borough Council "Development" the Development of the Site with creation of a residential estate comprising twenty eight (28) dwelling houses and eight (8) apartments with associated road infrastructure as set out in the Planning Application "Occupation" and "Occupied" occupation for the purposes permitted by the Planning Approval but not including occupation by personnel engaged in construction fitting out or decoration or occupation for marketing or display or occupation in relation to security operations

"Plan" the plans attached to this Deed and any reference to a numbered plan is to the plan so numbered "Planning Approval" means the detailed planning approval granted by the Council of Ministers under reference PA 10/00149/El subject to the conditions set by the Council of Ministers pursuant to the Application "Scheme" means the House Purchase Assistance Scheme 2007 (as amended or superseded) "Site" the land against which this Deed may be enforced as shown edged red on the Plan attached hereto and marked "Plan 1" and more particularly described in the First Schedule hereto "Specification" the specification in the form as attached hereto and marked "A" 2, CONSTRUCTION OF THIS DEED • 2.1 Where in this Deed reference is made to any clause paragraph or schedule or recital such reference (unless the context otherwise requires) is a reference to a clause paragraph or schedule or recital in this Deed 2.2 Words Importing the singular meaning where the context so admits include the plural meaning and vice versa 2.3 Words of the masculine gender include the feminine and neuter genders and words denoting actual persons include companies corporations and firms and all such words shall be construed interchangeable in that manner 2.4 Wherever there Is more than one person named as a party and where more than one party undertakes an obligation all their obligations can be enforced against all or them jointly and against each Individually unless there is an express provision

• otherwise 2.5 Any reference to an Act of 'Tynwald shall include any modification extension or re- enactment of that Act for the time being in force and shall include all instruments orders plans regulations permissions and directions for the time being made issued or given under that Act or deriving validity from it 2.6 References to any party to this Deed shall include the successors in title to that party and to any deriving title through or under that party in the case of the Doi the successors to its statutory functions as a planning authority and in the case of the DSC the successor to its statutory functions as a housing authority 2.7 Any reference to a clause or schedule or plan is to one in to or attached to this Deed 3. LEGAL BASIS 3.1 This Deed is made pursuant to Section 13 of the Act

3.2 The covenants restrictions and requirements imposed upon the Owner under this Deed create planning obligations pursuant to Section 13 of the Act and are enforceable by the DoI and/or the DSC as against the Owner 4. CONDMONALITY This Deed is conditional upon (1) The grant of the Planning Approval; and (2) the Commencement of Development 5. THE OWNER'S COVENANTS The Owner covenants with the Do] the DSC and Douglas Borough Council as set out in the Second Schedule hereto 6. THE Dail AND/OR THE DSC'S COVENANTS The DoI and/or the DSC covenants with the Owner as set out in the Third Schedule hereto 0 7. DOUGLAS BOROUGH COUNCIL'S COVENANTS Douglas Borough Council covenants with the Owner and the DoI and/or the DSC as set out in the Fourth Schedule hereto 8. MISCELLANEOUS The Owner and the DoI and the DSC agree:- 8.1 Nothing in this Deed constitutes an obligation to grant planning approval 8.2 Nothing in this Deed grants planning approval or any other approval consent or approval required from the DoI in the exercise of any other statutory function 8.3 Nothing in this Deed fetters or restricts the exercise by the DoT and/or the DSC of any of its powers 8.4 This Deed constitutes a Deed 0 8.5 This Deed is enforceable by the DoI and/or the DSC and Douglas Borough Council and shall remain In full force and effect without limit of time the Site being subject to the provisions of this Deed so long as this Deed remains in force 8.6 Save for Douglas Borough Council this Deed does not nor is it intended to confer a benefit on a third party within the meaning of the Contracts (Rights of Third Parties) Act 2.001 but shall not prevent all or any future successors in title to this Deed from being able to benefit from or enforce any of the obligations of this Deed 8.7 This Deed shall be registered in the Isle of Man Deeds Registry 8.8 Insofar as any clause or clauses of this Deed are found (for whatever reason) to be invalid illegal or unenforceable then such invalidity illegality or unenforceability shall not affect the validity or enforceability of the remaining provisions of this Deed

8.9 No person shall be liable for any breach of any of the planning obligations or other provisions of this Deed after it shall have parted with its entire interest in the Site but without prejudice to liability for any subsisting breach arising prior to parting with such interest 8.10 Nothing In this Deed shall prohibit or limit the right to develop any part of the Site In accordance with a planning approval (other than the Planning Approval) granted (whether or not on appeal) after the date of this Deed 8,11 This Deed shall cease to have effect (insofar only as it has not already been complied with) if the Planning Approval shall be quashed revoked or otherwise withdrawn or (without the consent of the Owner) it Is modified by any statutory procedure or expires prior to the Commencement of Development 9, MORTGAGEE'S CONSENT • Mortgagee 1 acknowledges and declares that this Deed has been entered into by the Owner with their consent and that the Site shall be bound by the obligations contained in this Deed and that the security of the mortgage over the Site shall take effect subject to this Deed PROVIDED THAT Mortgagee 1 shall otherwise have no liability under this Deed unless it takes possession of the Site in which case it too will be bound by the obligations as If they were a person deriving title from the Owner 10. WAIVER No waiver (whether expressed or implied) by the Doi and/or the DSC or Douglas Borough Council of any breach or default in performing or observing any of the covenants terms or conditions of this Deed shall constitute a continuing waiver and no such waiver shall prevent the DoI and/or the DSC or Douglas Borough Council from enforcing any of the relevant

• terms or conditions or for acting upon any subsequent breach or default 11. SET OFF 12. Upon executing this agreement the Owner must not have any outstanding monies due to the DoI the DSC and/or any other Isle of Man Government Department Statutory Board or other body and should any monies become due and remain unpaid by the owner during the course of the development then the payments due aforesaid may be set off against any payments due from the DSC and/or DoI hereunder at any time COMPENSATION AND COSTS The Owner agrees with the 1301 the DSC and Douglas Borough Council that no compensation shall be payable as a result of this Deed and that the Owner the Doi the DSC and Douglas

11 Borough Council shall each pay their own legal costs incurred In preparing and entering into this Agreement 13, JURISDICTION This Deed shall be governed by Isle of Man Law and shall be subject to the Jurisdiction of the Courts of the Isle of Man

IN WITNESS whereof the parties hereto have executed this Deed on the day and year first before written

FIRST SCHEDULE ("The Site") ALL AND SINGULAR a plot or parcel of land situate at Pulrose Farm New Castletown Road 411 Douglas In the Parish of Braddan the same being represented on the plan annexed hereto by the portion thereon delineated and edged red and to which hereditaments (Inter alia) the Owner became entitled by a Deed of Conveyance bearing date the 28t4 day of November 2006 from Douglas Borough Council as varied by a Deed of Variation dated 29th January 2010 made between Douglas Borough Council of the one part and the Owner of the other part ("the Conveyance")

SECOND SCHEDULE ("Owner's Covenants") 1. The Affordable Housing Units shall be constructed in accordance with the Specification (to meet tfie DSCs Guide to Public Sector Housing Standards) together with all necessary roads services street lighting footpaths and landscaping on the Site to comply with the relevant Planning Approval and Byelaws and shall only be offered for sale to any person or persons eligible to buy the same as a first time buyer under the Scheme and upon the terms of the Scheme and who have been nominated by the DSC to the Owner for this purpose AND the Owner shall Inform the DSC once the Affordable Housing Units are within approximately one (1) month of their build completion date and following build completion by the provision of the Building Control Authority's and NHBC or equivalent completion certificates and in respect of apartments completion of registration under the Housing Act Flats Regulations (respectively "Building Completion Date") 2. Upon receipt of nominations from the DSC the Owner shall offer for sale to each nominee or purchaser one of the Affordable Housing Units (In collaboration with the DSC's Housing Office) Any Affordable Housing Unit sold by the Owner to a First Time Buyer must

12 be In accordance with the form of agreement for sale and conveyance or transfer to be approved by the Attorney General's Chambers and containing a pre-emption clause in favour of the DSC. The Owner shall In due course provide the DSC with evidence that these requirements of sale have been met and that the conveyance has been completed and the nominated Purchaser's Advocates have undertaken to ensure that the conveyance is recorded at the Deeds Registry and/or submitted for registration at the Land Registry 3. The Owner shall offer to all First Time Buyers NHBC or equivalent Guarantees for the Affordable Housing Units 4. The Affordable Housing Units shall be sold for the sums in accordance with the Scheme as at the date of this Deed as follows .- 2 bed apartments £132,500 2 bed mid terrace houses £142,500 I 2 bed end terrace/semi houses £144,000 3 bed mid terrace house £147,500 3 bed end terrace/semi £150,000

5. The Owner will grant representatives of the DoI and the DSC access to the Site at all reasonable times to inspect works 6. The Owner will pay to Douglas Borough Council the Commuted Sum within eleven (11) months of the date of this Deed in order for the Commuted Sum to be utilised by Douglas Borough Council in order to carry out a scheme to create a ball play area on land bounded by Hibbin Avenue Anagh Close and Cullyn Link and which is edged blue on Plan 2 ("the ball play area")

• 7. The Owner covenants with the DoI that the Owner will erect safety fencing between the Development and Pulrose Golf Course in accordance with planning approval PA11/00225/B dated 19 April 2011 and prior to the occupation of Units numbered 29 30 31 32 33 34 35 and 36 8. Upon the erection of the safety fencing the owners shall notify the Planning Authority in writing that the work has been carried out

THIRD SCHEDULE ("DoT's and/or DSC's Covenants") The DSC hereby covenants to (1) Give "Approved" status to the Affordable Housing Units to be built on the Site subject to compliance with the drawings and specification

13 (2) Provide nominations of First Time Buyers to whom Affordable Housing Units will be offered in accordance with this Deed (3) If the DSC fails to provide a nominee for any Affordable Housing Units within six (6) months of an Affordable Housing Unit being completed and the DSC and Owner agree to do so then the Owner may endeavour to find a purchaser Provided That if an Affordable Housing Unit is sold on the open market then the difference between the actual selling price and the price of the Affordable Housing Unit less all reasonable expenses and interest incurred by the Owner in respect of the dwelling house In the period from receiving the completion certificate to the time of a sale completing shall be paid to the DSC on completion of the sale (4) If an Affordable Housing Unit is sold on the open market then the form of agreement for sale and conveyance or transfer will be without covenant or pre-emption clause and from the time the Affordable Housing unit is first conveyed it will be an open market property and the purchaser will be free to enjoy the Affordable Housing unit as an open market property (5) If the DSC fails to provide a nominee for any Affordable Housing Units within six (6) months of an Affordable Housing Unit being completed then in the first instance the DSC shall purchase the Affordable Housing Units for which no nominee has been provided or for which the nominee has failed to complete the purchase within six (6) months of the Building Completion Date as defined in paragraph 1 of the Second Schedule hereto Provided That such purchase by the DSC shall be made on written application of the Owner (6) If the DSC receives a request in writing from the Owner requesting the DSC to purchase any or all of any of the Affordable Housing Units which remain unsold six (6) months after completion thereof then the DSC will enter in to an agreement with

the Owner and purchase any or all of the unsold Affordable Housing Units brailig-i3eg within twenty eight (28) days twefity-eight (28)—eiays of being requested to do so paying sums in accordance with the Scheme at the date of this deed as refered to in the Second Schedule paragraph 4 above (7) During the course of the work5 the DSC and/or the Doi shall arrange for inspection of the Affordable Housing Units by one of its inspectors and provide the Owner with any comments the DSC and/or the Dal may have during construction and prior to the completion and will discuss the arrangement for inspection with the Owner hen construction commences

14 FORTH SCHEDULE ("Douglas Borough Council's Covenants") Douglas Borough Council hereby covenants and agrees:

(1) to utilise the Commuted Sum in order to carry out a scheme to create the ball play area

(2) to keep the Commuted Sum in an Interest earning account (3) to pay to the Owner such part of the Commuted Sum which Douglas Borough Council has not expended in accordance with the provisions of this Deed within five (5) years of the date of receipt together with interest from the date of payment to the date of refund at the Isle of Man Bank base rate

(4) If Douglas Borough Council has been refused planning permission for the creation of the ball play area within the land edged blue in Plan 2 to use its best endeavours to • obtain the written consent of the Owner and the Planning Authority to utilise the Commuted Sum to improve other areas of open space and/or play facilities in the ownership of Douglas Borough Council

(5) to agree to vary the Conveyance if required and requested to do so in order to fadlitate the provisions of this Deed

EXECUTED as a DEED on behalf of the Doi by the Minister or a person duly authorised by the Minister for Infrastructure in the presence of:-

: pfint name: LT. Thompson Posion: Chief Executive DOS Department of Infrastructure

EXECUTED as a DEED on behalf of the DSC by the Minister or a person duly authorised by the Minister for Social Care in the presence of:-

: print name:

: position: 11,f\c.,,,_

EXECUTED as a DEED on behalf of • Douglas Borough Council:-

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EXECUTED as a Deed by the Owner acting by:-

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EXECUTED as a Deed by Mortgagee 1 acting by:-

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DEPARTMENT OF INFRASTRUCTURE

and

DEPARTMENT OF SOCIAL CARE

and

DOUGLAS BOROUGH COUNCIL

and

HAVEN HOMES LIMITED

and

PULROSE FARM LAND COMPANY LIMITED

PLANNING AGREEMENT under Section 13 of the Town and Country Planning Act 1999

Land at Pulrose Farrn, New Castletown Road, Douglas •

Isle of Man Government

KM Attorney General's Chambers Douglas

17 18

Department of Social Care Isle of Man Rheynn Kiarail y Theay Government Relity5 Ellen VannIn

From the Office of the Minister Hon Chris Robertshaw MHK

Your Ref: Hon Chris Robertshaw MHK Our Ref: CR/II Minister for Social Care 4th Floor, Markwell House Market Street Douglas 21st May 2012 Isle of Man IM1 2RZ

Tel: (01624) 686431 To All Hon. Members of Council and Keys e-mail: [email protected]

q112_04 CizgAsLar.e.,

Re: Keys question 8th May 2012 — supplementary information

You may recall that in answering a question from Mr John Houghton MHK in the House of Keys on 8th May in relation to the upper age limit for mobility component of Disability Living Allowance, I undertook to circulate further information to Honourable Members.

To assist Honourable Members, I have attached to this letter a copy of the relevant extract from Hansard in relation to that question.

I think it would be helpful if I first provided the further information requested by Hon Peter Karran MHK, as it allows me to describe the legal and historical background to the status quo.

Provision is currently made for Disability Living Allowance ("DLA") in Sections 71 to 76 of the Social Security Contributions and Benefits Act 1992 (of Parliament), as it has effect in the Isle of Man, referred to hereafter as "the Act". The Act was applied to the Island in 1994 by the Social Security Contributions and Benefits Act 1992 (Application) Order 1994 (SD 505/94). It replaced and consolidated several former Acts of Parliament relating to social security matters.

19 Section 75 of the Act makes specific provision in relation to the entitlement to DLA of persons aged 65 and over and states "Except to the extent to which regulations provide otherwise, no person shall be entitled to either component of a disability living allowance for any period after he attains the age of 65 otherwise than by virtue of an award made before he attains that age".

The relevant regulations are the Social Security (Disability Living Allowance) Regulations 1991. Regulation 3 relates to claimants aged 65 or over. Regulation 3 provides that a person shall not be precluded from entitlement to either component of disability living allowance by reason only that he has attained the age of 65 years if (a) he made a claim for disability living allowance before he attained the age of 65, which was not determined before he attained that age, and (b) he did not at the time he made the claim have an award of disability living allowance for a period ending on or after the day he attained the age of 65. It further provides that where the person otherwise satisfies the conditions of entitlement to either or both components of disability living allowance for a period commencing before his 65th birthday, the determination shall be made without regard to the fact that he is aged 65 or over at the time the claim is determined.

The mobility component of DLA replaced Mobility Allowance, provision for which was originally made under the revised (but now revoked) Social Security Act 1975 (as it had effect in the Island). Although initially a person was entitled to Mobility Allowance provided they qualified before they reached state pension age, from April 1989 the age limit was revised to 65 for both sexes.

The income support mobility premium was originally introduced in April 1989 in the guise of an "additional requirement" under the former supplementary benefits scheme. On the Island, supplementary benefit was replaced by income support in April 2000. "Additional requirements", including that in relation to mobility, then became known as "premiums".

Both the change in the age limit for Mobility Allowance and the introduction of the additional requirement for mobility needs were recommended in a report produced by the former Department of Health and Social Security and entitled "Mobility Allowance — A Review of the Age Limits". That report was unanimously supported by Tynwald on 25th October 1988.

I now turn to Mr Houghton's points and in particular his repeated reference to "the key to the door". I believe Mr Houghton may be referring to the provision of cars to disabled people under the Motability scheme. Motabllityis a UK-based not-for-profit organisation which operates independently of government. The Motabllity scheme enables disabled people to exchange their higher rate mobility component of Disability Living Allowance for a new car, powered wheelchair or scooter. Motability will also consider leasing a vehicle to people on the Island who benefit from the income support mobility premium.

As I said in my answer in the Keys, to make the mobility component of DLA generally available to persons over 65 would impose upon Government very considerable costs and often in respect of individuals who are able to pay for themselves and currently do so. As I am sure you can appreciate, now is not the time to seek to significantly increase the cost of our social security programme, particularly in relation to individuals not in need of our help. 2 20 Indeed, as you know, I wish to review the universal basis of Disability Living Allowance, Attendance Allowance and Child Benefit in order to target Government's scarce resources at those who genuinely need them.

I hope this information is of assistance to Honourable Members.

Yours sincerely

Hon Chris Robertshaw MHK Minister for Social Care

3 21

HOUSE OF KEYS, TUESDAY, 8th MAY 2012

this financial project and the project of the MEA are so different as far as (Interjections) th ue is concerned? And would he make certain then — to the Hon. Member for Malew and San — that 795 the Hansard, where repeatedly this Hon. Member stood almost alone in this House the other place on that issue...? Can he assure this Hon. House that we have got to look at imaginative ways of getting other parties to spend money in order to try and reduce this ne dependency on the Government purse to keep the economy afloat? 800 The Speaker: Minister, you are not required to answer any cts of the MEA in your answer.

The Minister: All I would say is that I think we are g to be imaginative and that process will continue. 805 Mr Karran: Hear, hear.

The Speaker: Mr Quirk.

810 Mr Quirk: Thank you, Mr Spe To be helpful to the Ministe will repeat one of the questions I did ask regarding an NHBC certificate, which is a requir nt, which covers those individuals who may buy these particular properties so they know in the future if something happens to the company in the future that the building then is d by insurance for themselves? The first-time buyers: would he not 815 agree with me, /v1• er, it is a duty for us to cover those first-time buyers and make sure those first-time buye e covered for the future?

er: Minister to reply.

820 e Minister: Mr Speaker, thank you. I am very, very pleased and happy indeed to agree with the hon. questioner's points, and again, I am happy to confirm that that will be the case to him if he wishes me to.

Mr Quirk: He has not mentioned if they are not covered by the NHBC. 825 The Minister: Mr Speaker, I have just said I will answer the question.

The Speaker: Please, now...

830

Mobility allowance Age guillotine for new claimants 835 1.8. The Hon. Member for Douglas North (Mr Houghton) to ask the Minister for Social Care:

Whether his Department operates an age guillotine for new claimants in respect of mobility allowance; and, if so, what the reason for this is? 840 The Speaker: Turning now to Question 8, Hon. Member for Douglas North, Mr Houghton.

Mr Houghton: I thank you, Mr Speaker. I beg leave to ask the Question standing in my name, sir. 845 The Speaker: Minister for Social Care.

The Minister for Social Care (Mr Robertshaw): Thank you, Mr Speaker. In responding, I have assumed that the Hon. Member's reference to 'mobility allowance' should, in fact, be the mobility component of Disability Living Allowance. Disability Living 850 Allowance was introduced in 1992 and is paid on a universal basis, It has two components: a care component and a mobility component. A person aged 65 or over is not entitled to Disability Living Allowance unless they claimed it and met the disability criteria for that benefit before their 65th birthday. Where the latter applies, they can continue receiving Disability Living Allowance

16 RHK129

HOUSE OF KEYS, TUESDAY, 8th MAY 2012

beyond age 65 at the level they were entitled to immediately before turning 65, provided they 855 continue to meet the disability criteria. A person aged 65 or over who has care needs and is not in receipt of Disability Living Allowance can claim Attendance Allowance instead. Attendance Allowance is also paid on a universal basis. The provision on the Island for Disability Living Allowance and Attendance Allowance mirrors those having effect in the United Kingdom in order to maintain reciprocity. We 860 do offer support to the over-65s with mobility problems on a means-tested basis through our Income Support Scheme. The disability criteria for the Income Support mobility premium are the same as those for the mobility component of Disability Living Allowance, save that a person is not eligible for it if they live in a residential or nursing home. There is no equivalent to the mobility premium in the United Kingdom's welfare programme. Around 330 people who receive Income 865 Support currently benefit from the mobility premium at a cost of over £44 million a year. Thank you, Mr Speaker.

The Speaker: Mr Houghton.

870 Mr Houghton: Thank you, Mr Speaker. Can I ask the Minister if he would take back to his Department the points he has made in his opening remarks, which do not appear to cover what is required when somebody who requires to be in receipt of the mobility allowance of DLA, who requires the help and support, when they fall ill or fall disabled after that, by offering up a means-tested income support and other issues are not 875 the key to the door that the mobility section of the DLA provides_ The vitally important point that is being missed here, Mr Speaker: what are the Minister's thoughts on that, sir?

The Speaker: Minister to reply.

880 The Minister: Thank you, Mr Speaker. I do believe we are trying our best to cover the front as best we can. I hope I am answering the question correctly and if I am not, no doubt the Hon. Member will come back to me, but to make the concept of this allowance generally available to all those over 65 in the way we would, we do for those prior to 65 and then carrying through if they claimed before that age, would impose upon 885 Government very considerable costs, which I think it would find very difficult to meet. Otherwise we do what we can with the arrangements we have got, which exceed those in the UK.

The Speaker: Mr Karran.

890 Mr Karran; Vainstyr Loayreyder, can the Shirveishagh circulate the dates of the regulations as far as the existing Mobility Allowance is under the existing system? Would the Shirveishagh be aware that, several years ago, when we were in good economic times, we brought in the initiative of the means-related Mobility Allowance as an initiative to a caring and prosperous society? Can he circulate the dates so that Hon. Members are aware of that, and also the fact that, as far as I am 895 aware, as a former Member of the DHSS, the age cut has been standard practice for the last 20 years?

The Speaker: Minister.

900 The Minister: Mr Speaker, I would be happy to circulate that information to Members.

The Speaker: Mr Houghton.

Mr Houghton: Thank you, Mr Speaker. 905 Can the Minister confirm that this allowance is the key to the door to other entitlements for people with disabilities in order for them to live at a later age? Can he confirm that his knowledge is identical to mine on that particular area, sir?

The Speaker: Minister. 910 Tice Minister: Mr Speaker, I believe it is, but I am more than happy to meet with the Hon. Member to look at cases where he would challenge that as being the case.

Mr Houghton: Final supplementary, Mr Speaker.

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23 HOUSE OF KEYS, TUESDAY, 8th MAY 2012

915 If the Minister can confirm that, then does he not see that Attendance Allowance is not a replacement benefit, because the key to the door, the key in the receipt of this particular benefit, does not allow that particular person to go on to receive other entitlements and that is the crux of this matter and would he agree with me, Mr Speaker, to take this away back to his Department? 920 The Speaker: I think you have indicated you would, Minister?

The Minister: Indeed, I would, Mr Speaker.

, EMI Unit Deputy Manager Offer of relocation package

1.9. The Hon. Member for Douglas North (Mr Houghton) to ask the Minister for Social Care: 930 Why his Department has advertised the post of Deputy Manager of an EMI unit with a relocation package for any successful off-Island candidate?

The Speaker: Turning now to Question 9, again, Mr Houghton. 93 Mr Houghton: Thank you, Mr Speaker. I beg leave to ask the Question standing in my name, sir.

T peaker: Minister for Social Care to reply. 940 The ter for Social Care (Mr Robertshaw): Thank you, Mr Speaker. It is a 'rement for the postholder to be a registered mental nurse with appropriate experience. My epartment has found it very difficult to recruit such nurses as there are insufficient suitab ualified people on the Isle of Man. We have also had difficulty recruiting 945 from off the Island d o the costs involved in relocating to the Isle of Man. This is an essential post and we are endeavo • g to ensure that it is filled promptly. We have already offered this post internally, including to staff at Glenside. Unfortunately, there are no suitable internal candidates. As a result, extern ecruitment is our only option in order to fill this important post to ensure we can continue to delive ur services to the elderly mentally infirm. 950 The Speaker: Mr Houghton.

Mr Houghton: Thank you, Mr Speake The Minister has just made his opening ks, which I think myself, and many other people 955 in this Island find hard to understand, he has t towards the redeployment register, but, Mr Speaker, there are numerous people, who would q ify for this, already working in Isle of Man Government and could be redeployed into this po•Can the Minister take that back to his Department to see whether what he is dishing up to us to • is indeed accurate?

960 The Speaker: Minister.

The Minister; Mr Speaker, what I am 'dishing out today' is a te and I only wish that the sentiments expressed by the questioner were actually true, that there e a tot of people available for this post in the way he describes. I just wish it were true. 965 I just need to point out to him that EMI services positions generally are ded at a band lower than similar posts in mental health services and therefore attract an annual s that is typically £5,000 less. It is very much easier, although not that straightforward to fulfil te, community, child, adolescent and mental health teams, it is particularly hard to fill EMI pas d I hope he accepts that with a sincerity that I express the view. 970 The Speaker: Mr Henderson.

Mr Henderson: Gura ruin eu, Vainstyr Loayreyder. Can the Shirveishagh confirm that when he states that this position was advertised to the likes 975 of Glenside staff as a redeployment opportunity, in fact it would be wholly inappropriate to those

18 RHK129

Department of Social Care isle of Man Rheynn Kiarail y Theay Government

RelItys LIIan Van n 11

From the Office of the Minister Hon Chris Robertshaw MHK

Your Ref: Hon Chris Robertshaw MHK Our Ref: CR/11 Minister for Social Care 4th Floor, Markwell House Market Street 29th May 2012 Douglas Isle of Man IM1 2RZ

To All Hon Members of Council and Keys Tel: (01624) 686431 e-mail: [email protected]

EMI (Elderly Mentally Infirm) areas cater for older people with Mental Illness or Dementia. It is essential that Registered Nurses are trained in this area of speciality as they are required to build therapeutic relationships with Residents and their families, deal with challenging behaviour and accept responsibility for the administration of psychiatric medication on a regular basis and when chemical intervention is required to protect the resident and other service users. They are also expected to have a good working knowledge of the law, in particular the Mental Health Act.

As well as being proficient in Mental Health, EMI Registered Nurses are also expected to have a good working knowledge of physical illness as older people often present with a variety of these.

Due to the complex needs of our residents in EMI units we require a Registered Nurse on duty 24/7. Nurses working in EMI units are expected to be either RMN (Registered Mental Nurse) or a RN (Registered Nurse) with EMI experience.

There have been three vacant Registered Nurses posts since November 2010. These have been in Unit 2 (Ramsey Unit)

• Nov 2010: Post holder was offered a position in Ramsey Cottage hospital. This post was vacant for 4 months, only 1 person applied. ***Appointed but left after 5 months

• April 2011: Post holder retired.

• Aug 2011: *** Post holder left after only 5 months to return to the UK

The last two posts have been vacant for 11 and 9 months respectively.

Initially we placed adverts internally which included distribution to both Mental Health Service and Nobles Hospital. It was also advertised in the local job centre.

When we had no response by the third advert we also placed an advert in the local paper.

We advertised 4 times on Island without success. We did have 3 applicants on the third attempt. Two didn't turn up for interview and 1 was unsuitable.

25 Due to the continued frustration of failing to attract staff, consultation took place with the Director of Nursing, Midwifery and Therapies and members of the NMAC (Nurse and Midwifery Advisory Council) team. The Director agreed to fund an off island advert. The advice was that we needed to offer a relocation package to try and attract suitable applicants. The relocation package offered would be as stated in the Government's Relocation Policy.

The first advert for the RN posts, following being extended due to lack of applications, resulted in three applicants, two of which were appointed. There is no doubt in my mind that without this off Island advert we would not have been able to fill these posts.

The recently advertised Deputy post was advertised on and off Island, firstly in Glenside then the wider government workforce. This advert has attracted two on Island applicants and if one of these is successful, relocation package will not be required.

All posts within EMI services including RN and Deputy posts, have been offered via redeployment to staff in Glenside. As far as I am aware, none of the staff there have the appropriate qualifications to take on the role of RN.

It may be of interest to note that equivalent staff in Mental Health services were given a different banding to EMI registered nurses on the introduction of pay modernisation. They are all band 6 and upwards. EMI RN's, who are equally as qualified as those in Mental Health, were given only a band 5. The difference in salaries is:

Scale point Band 5 Band 6 Difference 1 24,144 27,228 3,084 2 24,949 28,302 3,353 3 25,753 29,508 3,755 4 26,491 30,717 4,226 5 27,228 31,790 4,562 6 28,302 32,863 4,561 7 29,508 33,935 4,427 8 30,717 35,143 4,426 9 N/A 36,885 **6,168

This would mean that a Registered Nurse in Mental Health services will be earning £6,168 more in 7 years than an Registered Nurse in EMI services with 20 years experience.

Yours sincerely

Hon Chris Robertshaw MHK Minister

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