Discretionary East Sussex Support Scheme (DESSS)

Transcription

1 Adult Social Care Policy and procedure Discretionary East Sussex Support Scheme (DESSS) Version control V2.1 Date June 2014 Review date March 2015

2 Document control sheet Title of the policy Discretionary East Sussex Support Scheme (DESSS) Purpose of the policy To provide guidance on the administration of the new scheme and its underpinning principles This document supersedes Policy DESSS v1.2 This document should be read alongside N/A Please note that policies are written with an internal audience in mind and may contain practice-specific terminology. In addition, policies may reference documents designed to help our staff in their day-today work. Lead director Policy lead / Author Produced by Mark Stainton, Assistant Director, ASC Business Manager, Finance and Business Support, Adult Social Care ASC Staff Information Team Implementation date April 2014 Review Date March 2015 Reference number (for Staff Information Team) DCS1212AC Accessibility help Zoom in or out by holding down the Control key and turning the mouse wheel. CTRL and click on the table of contents to navigate. Press CTRL and Home key to return to the top of the document Press Alt-left arrow to return to your previous location.

3 Amendment summary

4 Contents 1. Introduction Legislation Policy and guidance Eligibility Basic conditions of eligibility Financial Income Criteria Available means criteria Qualifying Circumstances A Help with food and / or utilities: B Help with travel C Help to obtain sufficient clothing D Help with moving household items and furniture E Help with household items What the scheme does not cover Making an application Approving an application Notification Complaints Appendix 1 Providing supporting documents... 18

5 1. Introduction The assists East Sussex residents facing temporary hardship where the need cannot be met any other way and there is a significant risk to a person s health and safety. The scheme aims to:- 1. Meet the most fundamental needs of hunger and warmth in an emergency or crisis and on a short term basis. 2. Provide assistance to people to establish or maintain themselves in the community. The scheme provides assistance either through an in-kind provision or through referral to a support service. The scheme does not provide cash and loans do not form part of the scheme. The scheme aims to ensure that support is given at first point of contact wherever possible. This means that when a person is already known to the public sector (or in some cases a support provider) the staff dealing with them may have delegated resources by East Sussex County Council and empowered to provide support. 2. Legislation 1. Welfare Reform Act Localism Act Data Protection Act Equality Act Freedom of Information Act Social Security (Persons from Abroad) Amendment Regulations 2006

6 3. Policy and guidance The scheme provides advice and support to break the cycle of crisis and emergency need from recurring by referring applicants to existing support agencies throughout the County. It can also provide a limited range of goods and services in exceptional circumstances or in a crisis. Wherever possible customers are referred directly to other public bodies and support agencies that are able to provide advice and support directly. These may include those who help with:- Preventing homelessness Housing related support and advice Debt management Money management and budgeting DESSS aims to prevent problems recurring and reduce dependency on public funds, including signposting to other support and funding sources. The scheme sits alongside, and is not intended to duplicate, such payments from the Short Term Benefit Advances and Budgeting Loans/Advances that remain with the Department for Work and Pensions (DWP) Social Fund. East Sussex County Council requires the applicant to agree to data sharing with other public bodies and partner organisations which include the voluntary sector where this is necessary to process the application and to prevent fraud. Applicants who do not agree to these terms may not have their application processed. Data is shared internally within the council and externally with other councils to prevent fraud; in particular to prevent duplicate claims being made and false statements. This maximises the limited funding available for those most in need. The Government provides a fixed sum for funding, and this sum (less the cost to the Local Authority of the additional support it provides) is the limit of the total value of the support provided each year. Support is provided on a one off basis, and restricted to once per household each year, unless the Local Authority uses its discretion to decide otherwise. The scheme is discretionary, and the Council is under no obligation to provide a scheme. There is no statutory right to support. Each decision is made with regard to the budget. When the budget is exhausted no further awards are made. Budgets are restricted and support is therefore limited to those most in need. The scheme does not form any part of any benefit or Council Tax Support. The scheme is operational during normal working hours; Monday Friday 9am to 5pm and closed Bank Holidays. Outside these hours signposting information will be available on the website. Delegated authority may be given to other agencies to make decisions on the scheme within the guidelines provided to them by DESSS. All points within this document apply to anyone who makes decisions under delegated authority.

7 4. Eligibility To be eligible for assistance from the scheme applicants must:- 1. Meet the basic conditions of eligibility, and 2. Meet the financial conditions of eligibility, and 3. Meet the available means condition of eligibility, and 4. Be in one of the circumstances in which assistance may be provided. Details of each of these conditions are described below. 4.1 Basic conditions of eligibility Applicants must be aged 16 or over. Applicants must be resident in the area covered by the administration of East Sussex County Council, or have an intention to settle in the area. Evidence of a valid residential address is required. If this is not possible due, for example, to homelessness, then support from an agency in the East Sussex County Council area is required, along with an intention to settle in the area covered by the administration of East Sussex County Council. There is a separate scheme for Brighton and Hove City Council residents. Applicants must have recourse to public funds and satisfy the tests under the Social Security Persons from Abroad legislation.

8 4.2 Financial Income Criteria The scheme assists those households who are either:- 1. In receipt of one of the qualifying benefits listed below 2. In receipt of a low income, calculated as below. Qualifying benefits are; Income Support Income-based Job Seekers Allowance Income-related Employment Support Allowance Pension Credit Housing Benefit Council Tax Support Child Tax Credit Working Tax Credit Universal Credit A low income is calculated as follows in line with the Median Income Standard figures provided by the Joseph Rowntree Foundation. Step 1 Obtain total income figure for household. Step 2 Subtract amounts paid for rent, mortgage and childcare. Step 3 Compare the remainder (disposable income) with the relevant figure from the table below. If the disposable income figure is less than the table figure, the financial criteria is met. Family make-up 2014/15 Weekly amount Single, working age Couple, working age Single, pension age Couple, pension age Lone parent, 1 child Lone parent, 2 children Lone parent, 3 children Couple, 1 child Couple, 2 children Couple, 3 children Couple, 4 children Where the need arises due to a disaster or emergency, financial income criteria do not apply.

9 4.3 Available means criteria An award will only be made where it is clear that the applicant does not have the resources to meet the need themselves or cannot access other help to meet the need. Where the DESSS team are aware of other means of accessing help to meet the need, they will provide this information to the applicant. This may include signposting to charities or other schemes.

10 4.4 Qualifying Circumstances A B C D E Help with food and / or utilities may be provided when: A person has not received an income that was due and there is a risk to their household s health and safety. Evidence must be provided to show the pattern of payments prior to the unreceived payment and that the expected payment has not been received. There must be clear efforts made to obtain the payment if it still due. A person has had no choice but to pay a one-off payment unexpectedly which has left them insufficient funds to pay for food and utilities and there is a risk to their household s health and safety. Evidence must be provided to show what has been paid, and an explanation of why it had to be paid immediately. A person has had their money stolen or has lost it and there is a risk to their household s health and safety. Evidence must be provided of a report to the police and that the money was withdrawn from the person s account. A person has had a change in their circumstances that means that their income will change and there is a longer than usual period between payments and there is a risk to their household s health and safety. Evidence must be provided of the pattern of payments before the change of circumstances and when the next payment will be due. A person s benefit payments have been temporarily stopped and this has not been caused by the person s own actions. Confirmation of the circumstances must be provided by an organisation that is assisting with the situation. Help with travel may be provided when: A person has to attend a funeral of a close family member A person needs to visit a family member who is suddenly taken ill or whose situation suddenly deteriorates Help to obtain sufficient clothing may be provided when: A person has been released from prison A person has had to flee violence leaving their belongings behind A person has suffered a fire, flood or similar disaster A person who has been street homeless has secured accommodation Help with moving household items and furniture may be provided when: A person has to move due to circumstances beyond their control or there are unexpected circumstances. A person has significant health problems and their circumstances mean that moving furniture within the home would improve the situation. Help with household items may be provided when: A person moves into a new property following a period of homelessness, a period in rehabilitation, prison or supported accommodation, or a family breakdown. Details must be provided of where the person has moved from and why they do not have the items being requested. A person moves into social housing with minimal notice, and they do not have the items being requested. Details must be provided of why they do not already have the items being requested. Evidence must be provided of the date the tenancy was offered and the date the tenancy starts.

11 Essential items suddenly break down and there is a reason that they are needed immediately. Evidence must be provided that the item cannot be repaired. A person has suffered a fire, flood or similar disaster. Evidence of the event must be provided. Move from furnished property into unfurnished property unplanned. In deciding which household items should be provided, the following will apply. Items which are considered essential for all people: o Bed o Bedding o Cooking facilities which will be a table-top cooker for a single person, a gas or electric cooker for couples or families, or a microwave when this is the most appropriate way of meeting the need o Cooking equipment / crockery and cutlery o Fridge (fridge-freezer where there are children in the household) Items which may be considered if there is a medical need (whether related to physical or mental health) or other exceptional circumstances: o Sofa / armchair o Floor coverings o Curtains o Fridge-freezer (when there are no children in the household) o Washing machine / dryer (How close the client is to a launderette and their ability to access it will be considered.) If an item is being requested due to a medical need, evidence must be provided of the effect that providing the item or not will have on the person s medical condition. Where a person requests a replacement item or an item that is outside of what would be considered essential for all people, a home visit may be conducted by a member of the DESSS team. This may not be necessary if another person supporting the applicant, such as a social worker or family key worker, has already visited the applicant and can provide the required information.

12 5. What the scheme does not cover The scheme will not help with: Non-essential items Costs related to television or satellite Costs related to telephones Costs related to housing or Council Tax help may be provided through borough and district councils Debts Car, motorbike or bicycle costs Costs that are related to health or social care provision, including medical, surgical, optical or dental items Costs related to pets Costs related to holidays Needs which arise outside of the United Kingdom Costs related to education or training Costs related to legal proceedings Costs which other organisations have a statutory duty to meet Needs which arise because benefits have been sanctioned or disallowed due to the claimants own actions Needs which will be met within the scope of other government schemes, including: o Social Fund payments o Short-term Benefit Advances (STBA) o Budgeting Loans / Advances o Hardship Payments In exceptional circumstances, the DESSS Business Manager can make decisions to award items outside of the circumstances described above.

13 6. Making an application The preferred route for making an application is by telephone to the DESSS team or on-line. Paper application forms and other accessible formats are available on request from the DESSS team. Applicants are asked questions to establish whether they satisfy the criteria and whether other funds are available to them, and to identify support which is already in place. Evidence is normally required for:- Proof of identity Proof of National Insurance Number Proof of benefits and other income Proof of savings or bank accounts Proof of residence The reason for the emergency or need Where applicants fail to comply with reasonable requests to provide supporting documentation an award may not be made. Appendix 1 explains how this documentation can be supplied. All supporting evidence should be provided within fourteen days of being requested by the DESSS team. Failure to supply evidence requested within this timescale, without proving good cause for any delay, will result in the application being closed and no award will be made. The DESSS team provide remote support and decision making in accordance with the standards and guidelines outlined in the council s Customer Care Charter. Visits to customers may be conducted to inform the decision making process.

14 7. Approving an application In deciding to provide support under the DESSS provisions, the way the support is provided, and the amount of any support, the council considers: The amount of the remaining council budget at the time of the application. The financial circumstances of the applicant and their family, including any savings or benefits due which could be used to contribute towards the costs. Any other help available from other sources including other agencies, DWP Short-term Advances and Budgeting Loans/Advances, charities, friends, relatives, credit unions or banks. The impact on other services within the council if support is not provided e.g. pressure upon the social care teams. Any steps taken by the customer to improve their financial position. Whether the applicant has intentionally brought about the crisis or emergency. Whether they have received previous assistance for help; new applicants will be given priority over repeat applicants. Any violence or abuse the family unit is likely to be subject to. For a repeat application, whether the applicant has previously accepted any support offered along with their first award. The team will endeavour to make a decision as quickly as possible. They will take into account the circumstances. Support cannot be guaranteed on the day of an emergency, particularly when evidence is required, further support is needed or at times of high volumes or low staffing. We will aim to make decisions within 4 working days of a completed application being made. A completed application is one where all information and evidence required has been provided. Payments are made to third party suppliers of services rather than in cash or cheque to customers. The council determines who supplies the goods or services to meet the identified needs. Any conditions attached to the support are specific to each person, and intended to help them to move into a more sustainable financial position. Recommendations for awards are made where the criteria are satisfied and the person is working to achieve this aim. Where support has been made and it is later proven that the decision made was based on misrepresentation we may seek to recover the value of the award. In making a decision we work with partners such as other public bodies and agencies and support providers.

15 8. Provision of items Provision of food may be provided by: Referral to a foodbank This will be where this is the most practical way of getting the person food quickly and efficiently. This may not be appropriate for people living in some parts of the county or where there are specific dietary requirements, or when the foodbank is not open at the time the help is required. On-line shopping to be delivered Supermarket vouchers issued to client These will be held in a variety of locations around the county so that clients can collect them from the nearest location. In some instances, vouchers may be delivered to the client when there is an urgent need and no other options can meet that need. Help with utilities will usually be provided through the provision of PayPoint vouchers which the client can use to top up their gas or electric key. Where utilities are not topped up by PayPoint, an alternative method of providing utilities may be found. Help with travel may be provided by: Buying tickets online and having them delivered to the client Providing travel warrants for rail travel Providing pre-paid bus tickets Help with clothing may be provided by providing vouchers for a shop that provides clothing, such as Tesco, Primark, Asda, etc. Usually this will be at a value of 50 per person. Help with moving will be provided by the client or their representative obtaining at least 2 quotes for the work from Buy With Confidence suppliers. These must be sent to the DESSS team. The DESSS team will decide who will undertake the work and will arrange payment of the invoice. Help with household items will be provided by: Referral to a re-use supplier Purchasing items on-line and having them delivered to the client Any other items will be dealt with on a case by case basis, but always trying to ensure that the item can be provided without causing undue complications to the client.

16 9. Notification After a decision has been made on a DESSS application the claimant is advised in a method agreed with the applicant. For emergency support all claimants are notified verbally, provided that we have a contact telephone number. If their application is successful they are given an explanation of how the support will be provided. If an application is unsuccessful they are advised of the decision and the reason why this was unsuccessful. Signposting to other support and advice will take place as part of this process. The notification provides details of the support, whether or not this was successful and how it will be made available. It outlines the applicant s responsibilities and the terms by which any support has been agreed, along with any responsibilities they have. It advises that they may not be granted another award within any 12 month period.

17 10. Complaints The scheme is discretionary and there is no legislative right of appeal. If an applicant feels that they have not been dealt with fairly and appropriately in line with our policy they are able to access the Council s Complaints procedure.:-. Complaints Unit Adult Social Care East Sussex County Council St Anne s Crescent Lewes, BN7 1SW Phone: Text: asccommentscomplaints@eastsussex.gov.uk Fax: An applicant retains the right to make a complaint to the Local Government Ombudsman.

18 Appendix 1 Providing supporting documents Examples of documents that may need to be presented are listed below: Evidence required Proof of identity Evidence of National Insurance number Evidence of address Examples of acceptable items One of the following 3 items Valid passport Valid driving license Birth certificate In certain circumstances the following items may be accepted Marriage certificate UK residence permit Identity card issued by EU/EEA member state Worker registration document Benefit notification letter Home Office letter Medical card Bank/building society statement One of the following National Insurance number card Benefit notification letter Payslip Letter from tax office or HMRC One of the following Utility bill Council tax bill Bank statement Benefit notification letter Evidence of income (all which apply) Evidence of savings Evidence of housing costs Benefit notification letter HMRC notification letter Last payslips (2 month/ 5 weeks) Bank statement Bank/ building society statement Building society or National Savings book Proof of any other savings eg ISAs, premium bonds, share certificates, income or savings bonds Proof of rent paid Proof of mortgage Proof of Council Tax Proof of ground rent and service charge * All documents will be expected to be current and recent which we would usually describe as dated within the last 2 months.

19 Where evidence is required there are a number of ways that this can be provided. By posting the original documents to: Discretionary East Sussex Support Scheme, St Marys House, 52 St Leonards Road, Eastbourne, BN21 3UU By presenting documents to one of the following: Local library ESCC Council Office All documents must be originals. These organisations will scan or photocopy the evidence required and certify it to say that they have seen the original. If Housing Benefit or Council Tax Support is in payment we may check this with the District or Borough Council. If any other benefits are in payment we may check this with the Department for Work and Pensions.