The London Borough of Hammersmith and Fulham Local Support Payments Guidance

Transcription

1 The London Borough of Hammersmith and Fulham Local Support Payments Guidance CONTENTS 1. INTRODUCTION 2. POLICY CONTEXT 3. PURPOSE OF LOCAL SUPPORT PAYMENTS 4. ALLOCATION AND FINANCIAL MANAGEMENT OF THE FUND 5. A HOLISTIC APPROACH 6. WHO CAN APPLY FOR A LOCAL SUPPORT PAYMENT? 7. CONDITIONS WHICH SHOULD BE MET FOR AN APPLICANT TO BE AWARDED A LOCAL SUPPORT PAYMENT 8. CIRCUMSTANCES IN WHICH APPLICANTS MIGHT BE AWARDED A LOCAL SUPPORT PAYMENT 9. WHAT SUPPORT WILL BE GIVEN 10. APPLICATION AND AWARD PROCESS 11. REVIEW 12. MONITORING AND EVALUATION 13. TRAINING ANNEXES A. FUNDING AWARD B. CURRENT SOCIAL FUND SUPPORT AND FUTURE PROVISION C. EXCLUSIONS FROM COMMUNITY CARE GRANTS D. PAYMENTS TO BE DISREGARDED FOR CALUCULATING SAVINGS E. FACTORS THAT MIGHT INCREASE THE VULNERABILITY OF AN APPLICANT F. CASE STUDIES 1

2 1. INTRODUCTION 1.1 The guidance acts as a summary of the aims and general operation of the Local Support Payment for Hammersmith & Fulham. The policy will be reviewed annually and more detailed documents will be produced to support decision makers. The aim of the guidance is to provide a summary of the key points of the Local Support Payment scheme and provide consistency of decision making. It is intended to allow flexibility for proper embedding of the operation of the fund in local services, infrastructure and partnerships. 1.2 The guidance has been developed in consultation with Council advice agencies, Adult Social Care, Housing and the National Association of Care and Resettlement of Offenders. 1.3 The Local Support Scheme is a discretionary scheme. The guidance cannot cover all eventualities. It is intended to provide a framework for decision makers to promote consistency in decision making, alongside the application form and training materials. Decision makers should use their discretion to ensure that the underlying objectives of the fund are met. The absence of guidance on a particular situation does not necessarily mean that a grant should be refused. 2. POLICY CONTEXT 2.1 The UK Government s December 2010 White Paper Universal Credit: welfare that works set out plans to reform the Social Fund. The current system of discretionary payments will be abolished and replaced by: a new locally-based provision which will replace community care grants and crisis loans for general living expenses (the subject of this guidance); and a new nationally administered advance of benefits facility administered by the DWP which will replace budgeting loans, alignment crisis loans and interim payments (those made to claimants with immediate needs while awaiting payment of their benefit award). 2.2 Funding for provision of successor arrangements to Crisis Loans for living expenses and Community Care Grants will transfer from DWP to local authorities. The new locally based service will be 2

3 implemented from April 2013, and Crisis Loans for living expenses and Community Care Grants will be withdrawn at that point. The regulated Social Fund (Sure Start maternity grants, funeral payments, winter fuel payments and cold weather payments) will remain the responsibility of DWP. 2.3 There will be no ring fencing attached to the money devolved to local authorities. Nor will there be any duty to provide a particular type of service. The Government does not expect Local Authorities to replicate the current scheme instead each authority will need to decide how the money is to be spent to reflect local priorities. 2.4 The Local Support Payment scheme will aim to help build the capacity of individuals, families and communities to manage better in the longer term. The new scheme will aim to take a more holistic approach than at present, linking to services which may build capacity, for example by encouraging saving and liaising with Housing services to support resettlement in the community. Equality Impact Assessment 2.5 The high level decisions concerning the localisation of the discretionary social fund have already been made by central Government. The Government s EIA is at Therefore this EIA can only inform our detailed proposal, not the overall level of provision. In broad terms, the Council has higher proportions of black and ethnic minority groups among its population, compared with the national average. There is no reason to believe that this trend will not be reflected among clients of the new service. Again, in broad terms, a higher proportion of applicants for the current social fund are disabled, and there is no reason to think that this feature will not continue in the new service. Finally, due to the relatively high number of lone parents who access the current service (18% of the applications in each borough), we know that a lot of children are affected by our proposals. Therefore we must ensure that our scheme meets the needs of black and ethnic minority groups, disabled people, and families with children and mitigating actions such as the provision of translation facilities and flexibility in relation to payment methods used. 3

4 3. PURPOSE OF LOCAL SUPPORT PAYMENTS 3.1 Local Support Payments are intended to offer payment in kind support for two purposes. In order to: provide a safety net in a disaster or emergency, when there is an immediate threat to health or safety. enable independent living or continued independent living, preventing the need for institutional care. 3.2 The grants should be available to people who do not have alternative means of paying for what they need. They do not need to be paid back. Grants are intended to meet one-off needs rather than on-going expenses. 3.3 We anticipate that likely users of the scheme (though not an exhaustive list) will be: disabled people and people with mental health problems lone parents in receipt of DWP benefits unemployed people older people care leavers people in temporary accommodation ex offenders. 4. ALLOCATION AND FINANCIAL MANAGEMENT OF THE FUND 4.1 It has been agreed that Kensington and Chelsea will administer the scheme for Westminster and Hammersmith which will allow for efficiencies to be obtained through the pooling of administrative funds. However, each authority will set its own eligibility criteria and administer its own appeals procedures. 4.2 The programme funding for 2013/14 and 2014/2015 has been finalised based upon previous years expenditure on crisis loans and community care grant payments. The Government has allocated the Council funding of 417,000 for each year over the next two years. Financial Management Approach 4

5 4.2 There is a fixed amount of budget to spend and with the impact of welfare reform it is likely that demand for these grants will be high. 4.3 Although the Local Support Payment budget allocation is fixed and it is not possible to overspend, the Council will be able to carry forward unused budgetary resource for the following year. 4.4 There is an acknowledgement that establishing accurate budget profiling will not initially be easily established given that the scheme is new. It is also recognised that further changes to welfare reform will potentially have an impact on grant application frequency and value. Monthly Prioritisation Control with Annual Spend Cap 4.5 The Council will profile budgets on a monthly basis in order to assist in the effective budgetary management of funds over the financial year. 4.6 The budget holder will assess the demand pattern of actual activity against budget profile on a month to month basis throughout the financial year and make a monthly decision accordingly on whether it is possible to make awards for high priority applications only, high and medium or high, medium and low. 4.7 An acceptable year to date critical variance will be applied which tightens as the year progresses to ensure that budgeted expenditure levels are not exceeded. The monthly critical variance percentages provide a tool for budget holders. It enables an assessment as to whether the size of the budget variance is within acceptable parameters and is designed to focus on a controlled recovery and the importance of maintaining, as far as possible, consistency of outcome across the year for customers. It helps to monitor and manage the budget across the year in such a way that a controlled recovery from an unacceptable level of variance, can be achieved whatever the cause. 4.8 The critical measure in terms of budgetary control is how the level of year to date expenditure compares to year to date and acceptable variance. Given that the year to date profile increases month by month, it follows that the acceptable level of variance from that profile must decrease month by month. 4.9 It is envisaged that the budget holder issue advice on a monthly basis, which specifies the level of priority that can be met i.e. are there sufficient funds to meet awards for high priority 5

6 applications only, high and medium or high, medium and low; a decision would be taken to cap awards if and when the critical variance level was reached on a monthly basis. This would mean applications for Local Support Payments being considered for award following such a decision would be rejected on the grounds that there were insufficient funds to make an award. No further awards could be made until the commencement of the following month when claims could be re-submitted with a new application date of 1 st of the month? Critical Variance Levels Month end Acceptable YTD Variance % 30 April 22% 31 May 10% 30 June 6% 31 July 4% 31 Aug 2.8% 30 Sept 2% 31 Oct 1.4% 30 Nov 1% 31 Dec 0.7% 31 Jan 0.4% 28 Feb 0.2% * based on existing DWP variance model 5. A HOLISTIC APPROACH 5.1 It is not intended that Local Support Payments should duplicate other provision. In particular, grants should not be substituted for support provided under established community care arrangements. The Council will consider how the payment fit with existing social work services (including crisis payments made under section 17 and 24 of the Children s Act 2004) 5.2 The Council has links with agencies such as Kensington and Chelsea Credit union and World s End Neighbourhood Advice Centre with the aim of building the applicants capacity to manage their own affairs in the longer term. This wider support may help to prevent repeated applications in the longer term. Applicants may benefit from: Financial advice (including budgeting, financial education, debt advice, ways of saving money) 6

7 Support to maximise income (including benefits advice and support in applying for benefits) Support for housing and tenancy issues including, but not limited to, housing support services for tenancy sustainment, advice on landlord/tenant disputes and home ownership issues. Signposting to other services and other information (including information about fuel efficiency, loft insulation, safer homes, the value of home contents insurance etc.) Mediation and advocacy support (including citizens advice and welfare rights) Resilience support (including befriending, building local networks, education training and employability support). 6. WHO CAN APPLY FOR A LOCAL SUPPORT PAYMENT 6.1 To be entitled to a Local Support Payment the applicant must: live in the Borough or have been placed in social housing outside the borough by this authority, or in the case of someone leaving prison, have an intention to move into the Borough, and be in receipt of a qualifying benefit or must be due to leave an institution or care home within 6 weeks, and not be able to claim the assistance they require from the Department for Work and Pensions, for example assistance via a Budgeting Loan or Advance and not have more than 1000 in savings if of working age and not more than 3,000 if of pensionable age and not have made more than two claims from the Social Fund or Local Support Payment schemes within the past 12 months, and have a serious risk to their own, or family s health or safety, or require essential goods and furniture to establish themselves, or to remain, in the community. 6.2 The qualifying benefits are listed below: 7

8 - Job Seekers Allowance (income or contribution based) - Income Support - Attendance Allowance - Pension Credit (guarantee or savings) - Personal Independent Payment or Disability Living Allowance - Employment Support Allowance (income or contribution based) - Universal Credit 6.3 As part of Universal Credit, DWP will offer budgeting advances, including for alignment. Under Universal Credit, DWP will also offer Short Term Benefit Advances when the benefit claimed has still to be paid. Tables at Annex B, produced by the DWP, set out the support provided by the Discretionary Social Fund and shows how it is intended that this support will be provided following its abolition. Sanctions and Disallowances 6.4 Local Support Payments should not undermine DWP s sanctions and disallowances. If a person is subject to a disallowance or a sanction by the DWP, and their benefit is reduced as a result, a crisis grant should only be awarded to meet expenses which are the consequence of a disaster. The applicant may be able to get a hardship payment from the DWP. Exclusions for Local Support Payments 6.5 As defined in 6.1 above, the number of awards that any person can receive should normally be limited to two in any rolling 12 month period. Local Authorities are not required to make a decision on any 3rd or subsequent applications. i.e. they are not required to consider the application beyond stage 1 outlined at 7.2 below. If the applicant has any savings or capital 6.6 A Local Support Payment should not be paid if the applicant has other resources to draw on to tide them over the crisis. 6.7 A Local Support Payment should not be awarded if the applicant or their partner has savings of over 1,000 if they are below pension age or 3,000 if they are above pension age. 6.8 The main examples of capital to be taken in to account, though not an exhaustive list, are: 8

9 Current accounts Savings accounts National savings certificates Fixed term investments Endowment policies which are not held as security over property. Friendly society or other deposit accounts Trust funds Property other than the applicant s home. 6.9 Certain capital assets may be disregarded. These categories of capital include: premises; business assets; rights in schemes such as pension schemes, life insurance and funeral plans; amounts earmarked for special purposes such as essential repairs to property or money set aside for the future care needs of a disabled person; payments made for arrears of, or compensation for late payment of, social security benefits; Payments made for expenses relating to supporting children, for example child maintenance; and A recent grant made by any organisation for a specific purpose or purchase relating to a disabled child or person. Where capital is not immediately releasable 6.10 If an applicant is without a regular income but has capital assets of over the cut off limit they will be expected to raise money against those assets. If they are unable to release or raise money on the assets immediately but are able to demonstrate that they are taking steps to do so, a Local Support Payment may be appropriate in the interim. 7. CONDITIONS WHICH SHOULD BE MET FOR AN APPLICANT TO BE AWARDED A LOCAL SUPPORT PAYMENT 7.1 A Local Support Payment can cover a wide range of personal circumstances. A number of case studies are given at Annex. Whether a payment can be awarded should depend on four separate stages: 7.2 Stage 1 Initial eligibility checks: Verifying identity and that the home address is in Hammersmith & Fulham or has been placed outside the borough by this authority 9

10 check whether the applicant is in receipt of one of the qualifying benefits check that the applicant or their partner does not have savings or capital or some other source of help that they could use instead check that the application is not excluded because it is for an excluded item check that the application is not excluded because the application history precludes a repeat application. This involves checking that there has not been a change in circumstances since the last application. check that the application is not excluded for any other reason 7.3 Stage 2 Meeting the requirements of the award: Check whether the applicant s personal circumstances meet the conditions for the grants, set out below at Section 8. Check whether there is other support available to meet this need for example through other Council services or DWP schemes. 7.4 Stage 3 - Whether, taking all the facts in to account, the applicant s needs are of sufficient priority to warrant a payment from available funds. Each application should be considered on its own merits and should be prioritised: Firstly according to the nature, extent, severity and urgency of the need and the impact that an award would have on the circumstances of the applicant. Secondly according to the vulnerability of the applicant and the likely consequences of refusal. Some examples of vulnerabilities which would give an application higher priority are set out at Annex E. This is not an exhaustive list and should not be used rigidly as a prioritisation framework. Reasons for vulnerability may be specific to the individual and may change over time. If there are multiple reasons for considering a person to be vulnerable, they would be given a higher priority. The application should be given one of three priority ratings: high priority should be given to an application if an award for the item or money requested will have a substantial and immediate effect in resolving or improving the circumstances of the applicant and is supported by a Council officer; medium priority should be given to an application, if an award for the item or money requested will have a 10

11 substantial and immediate effect in resolving or improving the circumstances of the applicant and is NOT supported by a Council officer; low priority should be given to an application, if an award for the item requested will have a l noticeable effect, although not substantial and immediate, in resolving or improving the circumstances of the applicant regardless of the written support of a Council officer. If the decision is to make an award, it may be for all or part of what has been applied for and may be an award of goods or in exceptional cases a grant. 7.5 Stage 4 - Finally, checking the level of priority that the Local Authority is paying out on that month and whether there is sufficient money available in the budget to pay a grant (see section 4). 8. CIRCUMSTANCES IN WHICH APPLICANTS MIGHT BE AWARDED A LOCAL SUPPORT PAYMENT. 8.1 This section gives more information on the circumstances in which a grant may be awarded. They are not exhaustive and decision makers may use their discretion to determine the form of support that an applicant needs. Decision makers will consider the needs, characteristics and circumstances of the individual in making a decision. A payment can be awarded in case of crisis to meet expenses that have arisen as a result of an emergency or disaster in order to avoid serious damage or serious risk to the health or safety of the applicant or their family. 8.2 A person can apply for a payment to cover: immediate short-term living expenses needed until their next income is due because of an emergency, or living expenses or items where the need for them has arisen because of a disaster if they do not have enough money to meet immediate short term needs and do not have access to any other source of support, for example via an overdraft, a credit union loan or family help. The Council may signpost locally available sources of affordable credit but there should not be an expectation that applicants should take 11

12 high cost credit to cover living expenses. Local Authorities may query the amount applied for if it seems too much. If applicants are applying because of a crisis, the Council should make a judgement on how much the applicant needs to get through the crisis The need must be current at the time of application, not an anticipated need. A short term need may be for an item which will have a long term use. For example, following a disaster, a family may need a cooker and pans. 8.4 The maximum amount that a person can get for living expenses should be in proportion to the benefit they receive: 60% or their applicable amount for the applicant and family up to the date of the next income source for the customer: the maximum period will be two weeks. What Constitutes an Emergency? 8.5 An emergency is an unforeseen circumstance of pressing need which needs immediate action. The award is to pay for expenses to get out of an emergency situation rather than costs from a past emergency which has now been resolved. How the emergency came about is not relevant, even if the applicant might be judged to have caused it or to have been able to avoid it. The same circumstances may constitute an emergency for one person and not for another because of their ability to cope with them. For example an able bodied young person may be able to manage in a situation where an older or disabled person could not. 8.6 The following are examples of what might be considered to be an emergency and for which a grant may be awarded: Where money has been lost or stolen and living expenses are required (in which case it should have been reported to the police). There is, or has been, a breakdown of relationships within the family, perhaps involving domestic violence. In all cases the applicant must show there is a serious risk to their or their families health and safety. What Constitutes a Disaster? 8.7 Disasters are events of great or sudden misfortune. They will normally result in significant damage to, destruction or loss of, 12

13 possessions or property. The following are examples, of what might be considered to be a disaster, and for which a grant may be awarded: a serious flood or fire, causing substantial damage, loss or destruction to possessions or property for example due to gas explosion or a chemical leak. 8.8 These are just examples; an award would not be paid in all of these cases. If a situation is not mentioned, it does not mean that an applicant would not get help. 8.9 A payment can be awarded to an applicant if they are leaving accommodation in which they received significant and substantial care, supervision or protection Examples of such accommodation, though not an exhaustive list, are: hospital or other medical establishment care home hostel or shelter staff intensive sheltered housing Local Authority care and foster care prison or detention centre 8.11 Not only must the applicant be leaving care, they must also be establishing themselves in the local community A payment can be made to applicants to help them to stay in the community rather than enter accommodation to receive care. One of the factors the Council will wish to consider is how immediate is the likelihood of going into such accommodation, and whether the type of item or service requested would prevent this happening. Examples are: help with expenses to avoid becoming homeless or having to move out of their home in to temporary accommodation. help with expenses for improving a home to maintain living conditions, (except where the property is owned by a Local Authority or Housing Trust - see exclusion 6) enabling the applicant to move to more suitable accommodation, to prevent unnecessary admission to care enabling someone to move nearer to someone who can offer them support, to prevent admission to care. 13

14 8.13 Applicants may be given an award if they are about to move into their own accommodation as part of a planned resettlement programme or following a period of homelessness The award may be given to help the applicant set up home in his or her own accommodation, for example, but not exclusively if they are: on a planned resettlement programme following an unsettled way of life, for example, they may have stayed in a hostel before they were on a resettlement programme, have a history of repeat homelessness are a young person leaving residential supported accommodation who needs help establish an independent tenancy Applicants may be given an award to meet needs that arise out of exceptional pressure due to a particular problem. Some examples of what might be judged to be exceptional pressure are: to meet the needs of a child where the need arises out of chronic illness, accident or disability. There has been a breakdown of relationships, perhaps including domestic violence, resulting in a move. There is a serious problem with accommodation, for example structural problems, which is resulting in a move Decision makers may use their discretion to determine what constitutes a family including, for example, but not exclusively, lone parents, married and unmarried couples, lesbian and gay couples in or out of a civil partnership. Where the child is dependent on the applicant, they would usually be in receipt of child benefit for him or her. A dependent child may be an unborn child, once the pregnancy has advance to 24 weeks. 9. WHAT SUPPORT WILL BE GIVEN 9.1 Applications for a Local Support Payment can be made for living expenses or for essential items following a disaster or to help people to settle in the community. Awards will be via vouchers to be exchanged for refurbished, or in some cases new goods, or gift cards to be used in major supermarkets. In exceptional 14

15 circumstances, post officer vouchers can be awarded which can be exchanged for cash. 9.2 Some examples of items for which an award might be made are: furniture (like settee, armchair, carpets, curtains, wardrobe) household equipment (like cooker, fridge, washing machine, bed, bedding, clothing) removal expenses storage charges installation charges for cookers and washing machines connection charges for gas and electricity. 9.3 Some examples of living expenses, in terms of specific items and services, are: food essential clothes nappies, toiletries 9.4 Rent in advance will be met from Discretionary Housing Payments or by the individual applying for a Budgeting Loan. 9.5 The Council may make an award in principle, for example subject to the successful agreement of a tenancy, to be paid at a later date. This is to allow applicants and their support workers to plan ahead in securing furniture. 9.6 The maximum award for a Local Support Payment should not exceed 1,600. Consistency in Awards 9.6 The Council will use a standard list of prices supplied by Furnish, the Council s supplier of goods, to identify the costs of commonly applied for items, including a guideline amount for a starter pack for those setting up home. An example list is included at Annex G. The goods will generally be refurbished items, however, these will be replaced by new goods if refurbished are unavailable. If the applicant demonstrates a need for a specialist product to meet their needs, for example where an item needs to be of a specific type or be adapted, the Council will exercise discretion. For example: the Council may consider using the Family Fund to provide gift cards for new goods where a disabled person needs a cooker with special adaptations or the size of the family means that 15

16 their needs will be better met with new goods of a higher specification.. Goods or Grants 9.7 The Council will decide what support will be given and the amount of any grant, with the aim of achieving best value for money. There will be local discretion on the type of support offered. In nearly all cases, goods or gift cards will be offered, however, post office vouchers to be exchanged for cash will be offered where this is the only means of meeting the customer s needs. For example, where a fuel key top up is required. 9.8 If an application has been unsuccessful, the Council may consider signposting to local food banks to meet the applicant s immediate need. 9.9 There should be no minimum amount for a Local Support Payment 10 APPLICATION AND AWARD PROCESS Where to Apply 10.1 Claims will be accepted through the following channels: o o o by phone on-line; and by post. Gathering Evidence 10.3 Decision makers will record claim details and the reason for their decision on the Civica Discretionary Payment system. In some circumstances decision makers will gather supporting documentation from applicants, for example a police report where the need arises because of a crime. Decision making documentation should be retained using the Civica Document Imaging Sytsem and made available if there is an application for review In most cases it should be possible to make a decision based on the information gathered in the application form or over the telephone. Further relevant information may need to be gathered if there is not enough information on the form or there is reason to clarify or question the information. If there is reason to doubt what is written on the application form, for example because of 16

17 inconsistencies in the information given or the pattern of previous applications, the decision maker will need to gather additional information to decide whether, on the balance of probability, what is written on the application form is true. A decision maker may contact the applicant for more information or check with third parties such as social workers, landlords and doctors, subject to agreement from the applicant. Information given on the phone should be written up for inclusion in the record. Support for Applications 10.6 If an application is made on behalf of a person, by someone other than an appointee, that person should usually be required to give their consent in writing to the application being made on their behalf. The Council may make an exception if this is an unreasonable demand on the applicant and the Decision Maker is satisfied the third party is acting in the applicants best interests Other agencies or support services or another part of the Council may encourage an applicant to make an application and, if the Council thinks it is appropriate, may be allowed to apply on their behalf Where an application is supported in writing (including ) or by phone by an officer from: the Council s Housing Options Service; the rough sleeping team; or from the council s Children s or Adult Social Care service, then this will be treated as a high priority case Subject to their agreement, applicants may be offered or referred for other information or services that the Local Authority thinks they might find useful as set out in the section on a holistic approach at para 5; for example: Citizens Advice Bureaux Debt advice or money management support Credit Union Social Work Housing Food bank. Processing times The Council should aim to process Local Support Payments as soon as possible, giving priority to emergency awards. The maximum processing time for Local Support Payment should be ten working days. 17

18 10.12 Processing times should be measured from the date of receiving a complete application to the date the award is made. Where claims are made out of office hours applicants will be made aware of emergency duty team s telephone number. Communicating the decision The applicant will notified of the decision in writing as well as by text giving standard information on: What was applied for The date of the application The result of the application and the priority given to it Why the decision was made If successful, what has been awarded Other possible sources of help How to ask for a review Staff delivering bad news to applicants should bear in mind the severity of their circumstances and seek to understand the position that they are in. The information offered should be clear and concise. Where possible, alternative forms of support available locally should be suggested but only where there is some probability of success. How grants are paid Local Support Payments will be paid by: Goods delivered directly to the customer s home (white goods, furniture, delivery, installation) Vouchers to be exchanged for refurbished goods and services with the Council s supplier Furnish (white goods, furniture, carpet fitting, removal costs, delivery, storage, installation). A gift card from The Family Fund to be spent in Argos / other high street stores. (new white goods and furniture required in certain circumstances, i.e. customers placed out of London ) A gift card to be used in a one of the major supermarkets (living expenses) Post Officer voucher to exchange for cash(awarded in exceptional circumstances) Effects on other benefits 18

19 10.19 There will be no effect on any other benefit from having a Local Support Payment. Data Sharing The Local Authority should validate the information that applicants give by checking data provided by DWP. Personal information about individuals should be held in confidence. Information provided in connection with an application should not be passed on without consent. 11. REVIEW 11.1 If the applicant is unhappy with the decision, they may ask for a review except where a decision to refuse a Local Support Payment is made because no more funds are available The review will be considered by an officer who was not involved in the original decision to refuse an award. The applicant will be notified of the outcome of the review within 14 days of the date the review request was received. The applicant can ask for a review based on: that the priority level allocated to their application was not appropriate/should have been higher because they do not agree that the support they have been provided with is appropriate to their needs. because they do not agree the decision on eligibility, for example due to repeat applications 11.3 Applications for review should require to be: made within 7 days of the original decision, made in writing and explain the reason for the application, signed by the applicant. If made on behalf of the applicant, consent should usually be required from the applicant in writing unless this places unreasonable demands on the applicant, for example due to disablement The person carrying out the review will need to consider the original application and evidence to check that the decision complied with the guidance, took the evidence in to account, was impartial and reasonable in the circumstances. Additional evidence 19

20 and material changes in circumstances may also be taken in to account Applicants will be notified in writing of the result of the review. 12. MONITORING AND EVALUATION 12.1 The intention is to learn from the operation of the Local Support Payment scheme to inform the refine the scheme especially in the first few years. In particular, the intention is to gather information about who is applying for grants and to seek to understand any patterns in decision making which may relate to the guidance, eligibility criteria or application processes. Regular Statistical Monitoring 12.2 Monitoring information may be used for: Performance improvement to give Local Authorities the information they need to improve performance and customer experience Benchmarking - against the previous scheme and other Local Authorities to suggest areas for improvement or good practice Accountability to satisfy the requirements to provide information on the performance of the scheme, including budgeting performance Informing - the design of the permanent scheme following the interim arrangements, including future financial distribution. A draft monitoring return is attached at Annex H. We are planning regular meetings with Local Authorities to discuss monitoring information in the first year of running of the new scheme. Evaluation 12.3 The regular monitoring information will be integral to the evaluation of the scheme. In addition to statistical information, the evaluation will include: Customer feedback, and views from support workers and decision makers on the running of the new scheme, gathered via survey. Information gathered from organisations, such as Citizens Advice Bureaus on how the new scheme is performing from a customer s, and customer representatives perspective. 20

21 Monitoring of the reasons for any complaints made by customers or their representatives. Feedback on how the scheme is they embedded and linked to wider Council and other partner services. TRAINING The Council will provide training for partner services as well as local authority staff in advance of April 2013 implementation. This will include appropriate training and materials to equip a number of local authority staff with the information and knowledge necessary to provide a consistent and effective service materials that may be used in onwards training of support workers. January

22 ANNEX A LOCAL SUPPORT PAYMENTS FORMER PROVISION UNDER THE SOCIAL FUND AND PLANNED PROVISION AFTER WELFARE REFORM Current reason for a Crisis Loan application Leaving Care year olds disabled prisoners and young offenders elderly leaving respite care Current expenses that may be met Living expenses (food and heating only) How will this may be met in the future Local Authority provision via section 24 payments and Local Support Payments. Leaving Care Rent in Advance* For example young people or prisoners etc leaving care. Only applies if they qualify for a Community Care Grant on leaving care The risk to health and safety criteria does not apply in these circumstances Rent in Advance (ordinary) Moving from one home to another, but the serious risk to the claimant s (families) health or safety is a criteria Lost or Stolen money/giro Alignment (period before 1st payday). This is where a claimant Living expenses (rent in advance) Budgeting Loans/ Budgeting Advance from DWP or may be met by Discretionary Housing Payments from the local authority if they choose to do so. Living expense - rent Budgeting Loans/ Budgeting Advance from DWP or may be met by Discretionary Housing Payments from the local authority if they choose to do so. Living expenses (food and heating only) Living expenses (food and heating only) Local provision Authority Short Term Advances from DWP in relation to 22

23 cannot manage until their first benefit pay day or first wage when going back into work. Capital not realisable (a genuine health and safety risk is confirmed) This is when a crisis arises because the claimant cannot immediately access assets e.g. premium bonds, house sale, insurance etc. Reconnection of fuel supply (a genuine health and safety risk is confirmed) The customer is in crisis and fuel has been cut off. Benefit Spent living expenses required Living expenses (food and heating only) Help with a reconnection charge Living expenses (food and heating only) DWP benefits Local Authority provision Local Authority provision Local authority provision Benefit disallowance Either the claimant is in a vulnerable category e.g. lone parent, disabled etc (However as hardship payments equal the 60% maximum amount they are unlikely to receive a Local Support Payment) Benefit sanction But only in the circumstances outlined under disallowance Living expenses (food and heating only) Living expenses (food and heating only) DWP Payments DWP Payments Hardship Hardship Disaster Living expenses (food and heating only) or essential household items Local provision authority Source DWP Local authority fieldwork summary report December

24 Social Fund Reform Changes to Provision Currently To be Community Care Grants Abolished Crisis Loans Abolished Funeral Payments Continuing Sure Start Maternity Continuing Grants Cold Weather Payments Continuing Winter Fuel Payments Continuing Crisis Loans for Abolished alignment to benefit Interim Payments Abolished Budgeting Loans Continuing for legacy claimants Budgeting Advances will be available for Universal Credit claimants Short Term Advance of Benefit introduced from April 2013 Local Welfare Provision introduced from April 2013 Independent Review Abolished Service Social Fund Abolished Commissioner Source DWP Local Authority Support webpage 24

25 LOCAL SUPPORT PAYMENTS EXCLUSIONS FROM CRISIS AND COMMUNITY CARE GRANTS A person should not get a Crisis Grant or Community Care Grant for a range of excluded needs: 1. a need which occurs outside the United Kingdom 2. an educational or training need including: clothing and tools, distinctive school uniform or sports clothes for use at school, equipment to be used at school, travelling expenses to or from school, school meals taken during school holidays by children who are entitled to free school meals 3. expenses in connection with court (legal proceedings) such as legal fees, court fees, fines, costs, damages, subsistence or travelling expenses 4. removal or storage charges if the person is being re-housed following a compulsory purchase order, a redevelopment or closing order or a compulsory exchange of tenancies. 5. a television or a radio or a licence, aerial or rental costs, costs of purchasing, renting or installing a telephone (unless this is for the purpose of a personal alarm), mobile phones and any call charges 6. repair to Local Authority property or the property of housing trusts 7. debts, debt interest, debts to government departments or Local Authority tax, Water water and waste charges, arrears of Local Authority tax or community water charges 8. any expense which the Local Authority or other organisation has a statutory duty to meet 9. a medical, surgical, optical, aural or dental item or service (note that needs under all of these headings can be provided free of charge by the National Health Service, if are getting Income Support, income-based Jobseeker s Allowance, Employment and Support Allowance (income-related), or Pension Credit). Medical expenses, treatments, items and medications. 10. domestic assistance and respite care 11. work related expenses 12. investments 13. holidays 14. Ongoing needs which are, or are likely to become, a feature of expenditure. 15. Travelling expenses, with the exception of one-off expenses relating directly to the qualifying criteria, for example travelling expenses to help someone move to a new home where that move is essential to their reintegration in the community. 16. Maternity expenses covered by a Sure Start Maternity Grant see regulated Social Fund. 17. Any costs related to a person s funeral see regulated Social Fund. 18. Expenses to meet the needs of people who have no recourse to public funds. 25

26 LOCAL SUPPORT PAYMENTS FACTORS THAT MIGHT INCREASE THE VULNERABILITY OF AN APPLICANT Some examples of vulnerabilities which would give an application higher priority are set out below. This is not an exhaustive list and should not be used rigidly as a prioritisation list. frailty or old age, particularly restricted mobility or difficulty performing personal care tasks. learning difficulties mental health impairments physical impairment or disability, including sensory impairments chronic illnesses terminal illnesses addictions or misuse of alcohol, drugs or other substances being an ex-offender being a young person leaving local authority care or a special residential schools being a young person who does not have parents or is unable to live with their parents because it would put them in danger or they have become estranged. being a lone parent children living with young parents aged under 25 children living with a disabled adult children living in a large family with three or more children experiencing family breakdown being pregnant, recent childbirth or adopting a child having responsibility as a main care giver homelessness or an unsettled way of life experiencing eviction or re-possession experiencing redundancy leaving the armed forces 26

27 ANNEX F CASE STUDIES 1. Mrs C Scenario: Mrs C is a 29 year old woman, in receipt of Child Tax Credit per week, Income Based Jobseeker s Allowance 135 per fortnight, and Child Benefit per week. She has a 1 year old son. Her husband was extremely violent and, with the help of the police, Mrs C and her son fled to a refuge. She took with her only the clothes she and her son were wearing, with no other items and no money. After staying in the refuge for 7 months, she has moved into her own tenancy, which she describes as having absolutely nothing in it, not even carpets or curtains. Mrs C received support and counselling from staff in the refuge and this will continue in her new home. A couple of days after moving in, Mrs C applied for a community care grant of for carpets ( ), fridge freezer ( ), washing machine ( ), sofa ( ), wardrobes ( 249), child s bed ( ), bedding ( 40.99), iron ( 21.99), Hoover ( 44.99), television ( ), ironing board ( 29.99), microwave ( 49.99), kitchen utensils ( 12.99), bin ( 11.99), kettle ( 19.99), toaster ( 19.99), mugs ( 4.99), pans ( 49.99) and knives ( 24.99). Mrs C had been able to obtain a cooker, glasses, crockery, cutlery and a bed and bedding for herself, which she was sharing with her son. Suggested Outcome: Mrs C is eligible to be considered for a community care grant because she receives a qualifying benefit (Income Based JSA). Given the circumstances in which Mrs C and her young son left their family home and that they have been in the refuge, Mrs C s application qualifies for a community care grant. An award would help to ease the exceptional pressures facing Mrs C and her family and help her to provide a safe and secure environment for her child at a time when she lacks the resources to do so herself. If the budget is only able to meet high priority needs, it is likely that the family would receive a cash grant or goods in the form of a bed and bedding, seating, carpet for at least the living room and the son s bedroom, kitchen utensils, pans and 2 pairs of curtains. Although Mrs C didn t put curtains on the form it became clear during the assessment process that she didn t have any. The other items are less important in helping to ease the particular exceptional pressures this family is facing. The television is an excluded item. If the budget is able to meet a wider range of needs a fridge freezer and washing machine are likely items to be provided, either as goods or a cash grant to buy them. 27

28 Mrs C is already receiving some support from another agency. The Local Authority may wish to offer her access to budgeting or other money advice or other services to help her to maintain her new tenancy. 2. Mr O Scenario: Mr O is a 24 year old man. He is currently in prison and is due to be released in 3 weeks after serving 6 months of his sentence. Before going to prison he was receiving Income Related Employment and Support Allowance and he will be claiming that benefit again when he is released. When he is released Mr O will be moving to a partly furnished flat that his support worker has helped him obtain. This is supported accommodation and is intended to help him move onto fully independent living once he has established himself properly. He has not lived in this part of the city before; this is a deliberate move because it was felt he would be able to deal with things better if he was away from the people he used to mix with. Mr O has a number of health problems that are largely connected to his drug and alcohol addictions. While in prison he has been treated for his addictions among other things and now takes methadone daily; this will continue when he is released. Mr O has applied for bedding, towels, cooking utensils, cutlery and crockery as he needs to provide these for himself in his flat; all other furniture is provided for him. He also needs clothing, decent footwear and a warm winter coat. He has put 2 stone on in weight while he has been in prison which is largely due to the fact that he has stopped taking drugs and has been eating properly. He only has the clothes he was given in prison which don t fit him very well and he does not have a proper coat. He was living rough before he was arrested and does not have any belongings of his own. Suggested Outcome: Mr O is eligible to be considered for a community care grant to help him establish himself in the community following a period in institutional care. He is due to be released within 8 weeks and he is likely to receive a qualifying benefit (Income Related ESA) on release. If the budget is only able to meet high priority needs, it is likely that he would receive a cash grant or goods in the form of bedding, towels, cooking utensils, cutlery and crockery for his flat and some clothing, a winter coat and footwear. Mr O is already receiving help from a support worker. The Local Authority may wish to offer him access to budgeting or other money advice or other services to help him to maintain his new tenancy or to signpost other relevant services. 28

29 Updated by Date Paul Ellary 28 Dec 12 Paul Ellary 8 Jan 13 Paul Ellary 27 Feb 13 Paul Ellary 15 Mar 13 29

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