OHR payroll team police rent and housing allowance

AuthorityCabinet Office
Date received2021-09-09
OutcomeSome information sent but not all held
Outcome date2021-09-24
Case ID1985181

Summary

The requester asked for historical police rent and housing allowance figures from 1992 to 1995 and current employee counts, but the Cabinet Office only disclosed current data as historical records exceeded retention periods.

Key Facts

  • The Office of Human Resources (OHR) does not hold information regarding police rent allowances for 1992, 1993, 1994, and 1995.
  • The missing historical information was withheld because it has exceeded the statutory retention period.
  • The non-taxable rent allowance payable remains fixed at £385.42 per month.
  • As of 1 April 2021, 7 employees were in receipt of the non-taxable rent allowance.
  • The Department of Home Affairs is responsible for negotiating and determining Isle of Man Police Regulations.

Data Disclosed

  • £385.42
  • 7 employees
  • 1 April 2021
  • 1992
  • 1993
  • 1994
  • 1995
  • 11 October 2011
  • 1985181

Exemptions Cited

  • Information not held due to exceeding retention period
  • Pre-2011 information considered under Code of Practice on Access to Government Information rather than FOIA

Original Request

The ISLE OF MAN POLICE (AMENDMENT) REGULATIONS 1994 (GC 304/94) set the existing non-taxable police rent and housing allowance to an annual GBP 4625 or monthly GBP 385.42 fixed amount as at 1st April 1992 and included a statutory requirement that the fixed amount would increase each year by an additional fixed amount equivalent to the housing element of the retail prices index but subject to a 5 percent cap. The index linked element of the allowance was only revoked on 31st August 1995 by the ISLE OF MAN POLICE (AMENDMENT) REGULATIONS 1995 (SD 0409/95) but by definition the index linked fixed amount had already increased automatically in line with RPI in relevant years. For example, statutory adjustments based on Economic Affairs generic 'all items' RPI data rather than specific 'housing element' data in calendar years 1993 and 1994 rather than financial years 1993/94 and 1994/95 for example would equate to a cumulative +3.58% (approximately GBP 14) and a cumulative +2.175% (approximately GBP 8). What are the Department of Home Affairs supplied or Cabinet Office OHR payroll calculated police rent and housing allowance fixed amounts as at 1st April 1992, 1st April 1993, 1st April 1994, 1st April 1995 and 1st April 2021, how many employees still receive the non-taxable police rent and housing allowance fixed amount and is the same fixed amount frozen as at 1st April 1995 lawfully applied to each such relevant employee?

Data Tables (2)

Under the Freedom of Information Act, OHR can confirm that the non-taxable rent
allowance payable remains fixed at £385.42 per month, and 7 employees were in
receipt of the non-taxable rent allowance as at 1 April 2021.

Full Response Text

Government Office Douglas Isle of Man IM1 3PN Telephone: (+44) 01624 686244 Website: www.gov.im/co

Our ref: 1985181 24 September 2021

Dear ###

We write further to your request which was received on 9 September 2021 and which states:

"The ISLE OF MAN POLICE (AMENDMENT) REGULATIONS 1994 (GC 304/94) set the existing non-taxable police rent and housing allowance to an annual GBP 4625 or monthly GBP 385.42 fixed amount as at 1st April 1992 and included a statutory requirement that the fixed amount would increase each year by an additional fixed amount equivalent to the housing element of the retail prices index but subject to a 5 percent cap. The index linked element of the allowance was only revoked on 31st August 1995 by the ISLE OF MAN POLICE (AMENDMENT) REGULATIONS 1995 (SD 0409/95) but by definition the index linked fixed amount had already increased automatically in line with RPI in relevant years. For example, statutory adjustments based on Economic Affairs generic 'all items' RPI data rather than specific 'housing element' data in calendar years 1993 and 1994 rather than financial years 1993/94 and 1994/95 for example would equate to a cumulative +3.58% (approximately GBP 14) and a cumulative +2.175% (approximately GBP 8). What are the Department of Home Affairs supplied or Cabinet Office OHR payroll calculated police rent and housing allowance fixed amounts as at 1st April 1992, 1st April 1993, 1st April 1994, 1st April 1995 and 1st April 2021, how many employees still receive the non-taxable police rent and housing allowance fixed amount and is the same fixed amount frozen as at 1st April 1995 lawfully applied to each such relevant employee?" A Freedom of Information request can only be made in respect of information created on or after 11 October 2011. We have considered your request for pre-2011 information under the Code of Practice on Access to Government Information which can be found here: www.gov.im/media/1358113/foia-code-of-practice.pdf. The Office of Human Resources (OHR) does not hold the information that you have requested as at 1st April 1992, 1st April 1993, 1st April 1994 and 1st April 1995. The information is not held as it has exceeded the retention period.

Under the Freedom of Information Act, OHR can confirm that the non-taxable rent allowance payable remains fixed at £385.42 per month, and 7 employees were in receipt of the non-taxable rent allowance as at 1 April 2021. Isle of Man Police Regulations are negotiated, determined and published by the Department of Home Affairs. For further information regarding the determination of rent allowance payable and also eligibility to the allowance please contact: Department of Home Affairs, Head Office, Tromode Road, Douglas, Isle of Man, IM2 5PA or
Telephone: 01624 694300. Please quote the reference number 1985181 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded. If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi. I will now close your request as of this date.

Yours sincerely