Internal Guideline Document

Transcription

1 Local Discretionary Welfare Support Internal Guideline Document 1 v2

2 1. Introduction 1.1 The Welfare Reform Act has abolished Crisis Loans and Community Care Grants and these will not be replicated by the new arrangements. From 1 st April 2013 the part of the Discretionary Social Fund, which is administered by the Department of Work and Pensions that currently provides crisis loans or community care grants will be abolished. Other elements of social fund continue to be managed by the DWP including maternity and funeral grants, alignment loans 1.2 Some of the funding, but not the statutory duty, has been transferred to upper tier local authorities to use at local discretion. There is a specific intention that any local schemes will not replicate the existing arrangements. This is an interim arrangement for a period of 2 years. Longer term funding will be informed by a review of these interim arrangements, but at present there is no certainty that this funding will continue. 1.3 The Devon Local Government Steering Group (DLGSG) has agreed that District Councils will develop and administer a new Discretionary Welfare Support Service for their area supported by funding devolved from Devon County 1.4 In South Hams and West Devon the funding will be aligned with other forms of discretionary support such as Discretionary Housing Payments and Homelessness Prevention Grant. This will allow us to provide a more holistic approach in identifying need and providing appropriate support. 2. Purpose and aims of the Guidelines 2.1 The purpose of this document is to set out how to achieve the strategic objectives of the scheme and to outline the methods and working practices to meet these. 2.2 The aims of the Local Discretionary Welfare Support (LDWS) are to Ensuring the people can access emergency support, where the applicant or member of their family would be severely disadvantaged if their immediate needs are not met or mitigated. Ensure that people have access to information and advice to help them increase their self reliance and to maintain financial independence in the longer term. Assist people to remain or move back into the community. 2 v2

3 3. Scheme Outcomes 3.1 The partnership agreement between the districts and County Council sets out the three outcomes that any local scheme is to achieve with the ring fenced funding. These are: To increase self-reliance and resilience To offer quick and effective support for those with high priority short term needs To provide help for people to establish themselves in or, remain in the community. 4. Scheme Definition 4.1 The Scheme will provide two forms of support and assistance a) Emergency Support Aims to provide support to prevent an immediate deterioration in the applicant s health or wellbeing by providing short term access and support to items or assistance to relieve the situation. b) Resettlement Support Aims to help people remain in the community or move back into the community from institutional care, or who are homeless 5. Maximum Award Level 5.1 Payments in cash will not be made except in exceptional circumstances that have been authorised by a manager. 5.2 The award cannot exceed 500 in value except in exceptional circumstances agreed with a manager 6. Consideration of the budgetary provision 6.1 Funding for the LDWS Scheme is limited and as such the budgetary position needs to be considered when making an award. 6.2 The fund must not be exhausted before the end of the year. 6.3 If there is heavy demand on the fund only high priority cases will be considered for an award. 6.4 The budget will be monitored monthly by the Housing Advice 6.5 The Team Leaders will notify the team if the budget forecast is adverse and that if only high priority cases will be considered 6.6 All awards must be agreed by a Senior Officer, Team Leader or a manager 3 v2

4 7. Types of Assistance that can be provided 7.1 items that may be provided under the support schemes are: Essential Items when setting up a new home Food parcels Emergency utility vouchers Replacement essential domestic appliances e:g fridge or cookers( where there is no other suitable appliance capable of cooking or storing food safely) Heating and water repairs (where there is no other form of heating in the house) Repairs to essential Household items Other reasonable expenses related to severe and critical circumstances. 7.2 The above list is not exhaustive and consideration will be given on an individual basis as to the most appropriate form of support. 8. Exclusions 8.1 The following are examples of circumstances that are excluded from an award Maternity expenses Funeral expenses Cold Weather Payments Winter Fuel Payments Expenses or services that are provided by another organisation or statutory body Housing costs, repairs or improvements Daily living expenses Work related expenses Education or training expenses Legal or court fees, fines, etc Non receipt or loss of benefit payments debts Vehicle and travel costs. (emergency travel costs may be met by way of travel vouchers) 8.2 The above list is not exhaustive and consideration will be given to individual circumstances on their own merit. 9. Repeat Applications 9.1 The LDWS Scheme is intended to help individuals and families to cope with extreme and severely difficult one off situations. 4 v2

5 9.2 Individuals and families are expected to manage their day to day finances and take steps to budget and manage their household income. On going Support and guidance in this area may be provided under the scheme. 9.3 Repeat Applications will not be considered for : The same set of circumstances Where advice has been ignored or not sought as advised Where a previous application was unsuccessful (unless there has been a change in household circumstances) Where the applicant has not taken steps to remedy the situation Where the circumstances could have been avoided or were as a result of reckless or deliberate behaviour Where the applicant has not co-operated with the Council or other public bodies 9.4 The above list is not exhaustive and consideration will be given to repeat applications on an individual basis 10. Benefit Sanctions 10.1 The applicant must declare if they are subject to any sanctions imposed by Job Centre Plus or other agency. Sanctions will not necessarily result in the refusal of an award. Officers will need to consider the nature and cause of a sanction prior to a decision being made If the applicant has sanctions imposed the officer will need to consider if an award will undermine the sanction. When making an award the officer may impose conditions to reinforce the sanction. 11. Fraudulent Claims 11.1 If the applicant has sanctions imposed the officer will need to consider if an award will undermine the sanction. When making an award the officer may impose conditions to reinforce the sanctions. The officer will need to pose questions or seek evidence to establish the facts before making a decision. On occasions a home visit may be required to verify facts and circumstances Failure by the applicant to disclose a material fact or to make a false application will be treated as a fraudulent application Where fraud has been detected the applicant will be refused any further assistance and where appropriate, the Council may prosecute the applicant. 12. Awards of Discretionary Welfare Support 12.1 Discretionary Welfare Support aims to bring together a more integrated assessment process to include a number of other discretionary payments schemes e.g. discretionary housing payments and homeless grant assistance. This will offer a more co-ordinate approach to individuals in hardship. There will be a requirement to work closely with Job Centre Plus and key partners to have clear routes for alternative advice, help and support 5 v2

6 e.g. CAB or food banks. The scheme will meet immediate need but also support individuals to access further help and support and move from costly crisis interventions. 13. Debt Advice and Money Management 13.1 Debt advice and money management is an integral part of the scheme and applicants who apply for assistance where debt or poor money management skills have been identified as either the cause or a contributing factor to their circumstances will be required to undergo a money advice interview with a debt and money advisor as part of the condition for an award Applications from applicants who refuse or fail to act on the advice given by the money advisor will normally have their application refused except in extreme circumstances. In these cases agreement from a senior officer must be obtained before an award is agreed. 14. Scheme Eligibility 14.1 Discretionary Welfare Support is intended to help residents who have limited income and access to other funds Applicants must meet at least one of the following criteria: Aged 16 or over. Not be a person subject to immigration control. must not be an excluded person (i.e., in hospital or a care home, a prisoner, a member of a religious order, in relevant education, not habitually resident, involved in a trade dispute, or subject to certain jobseeker s allowance sanctions). Must be a permanent resident in the District or Borough for at least 3 months. Not have received financial assistance from another source for the same reason. Be without sufficient resources to meet the immediate short-term needs of themselves or dependants Must not have had more than two previous awards (including Crisis Loans paid by the Department for Work and Pensions) for living expenses in the last two years. (This does not apply if it was an alignment payment or for an unavoidable disaster or emergency.) Must not have accessible capital in excess of 500 Under the Resettlement Scheme applications will be considered from people who meet one of the above criteria and: 6 v2 Are setting up home as part of a resettlement programme Moving out of residential or institutional care Have been discharged from hospital or prison Is a Young Person leaving Local Authority Care Were homeless within the community and are setting up home for the first time.

7 Where an award would prevent someone from entering institutional or residential care. Where, in an emergency, or as a consequence of a disaster, a LWS award is the only means by which serious damage or serious risk to the health and safety of the applicant or dependant may be prevented; 15. Award Process 15.1 The South Hams and West Devon Local Discretionary Welfare Assistance Scheme will be administered from the Council Offices at Follaton House in Totnes, Kilworthy Park,Tavistock and Okehampton CSC 15.2 Applications will normally be made on the phone, in person or online and are required to Complete a needs assessment and income and expenditure form Complete information sharing consent form An income and assessment form will be completed by the officer and a financial assessment will be carried out by a financial advisor. A recommendation will be made to a Council officer who will consider the recommendation and what further advice and support is necessary Any essential crisis award will be made on the day of application. All other awards will be made as quickly as possible to meet the agreed need of the household It may be appropriate for an officer to make a home visit to confirm applicant s circumstances. 16. Evidence 16.1 In some circumstances the information provided on an assessment form may not be sufficient in which case further investigation and evidence may be need to be undertaken before an award can be made. For example: It may be appropriate for an officer to make a home visit to confirm applicant s circumstances. Information from a third party i.e. social worker, probation officer, support worker. Estimate of a cost of repair or replacement Bank statements Explore steps taken by applicant to mitigate the situation Evidence of being a victim of crime. 17. Treatment of capital 17.1 Any capital held by the applicant or their partner below 500 will be disregarded Evidence may be requested to support the claim and validate sums held 7 v2

8 18. Notification of the Decision 18.1 Decisions will be communicated in writing to the applicant within 5 days of the decision being made and will include: The reason for the award or rejection of the claim The details of the assistance offered Signposting information to other services Appeals process. 19. How a decision is made 19.1 Officers will make the decision based on the information provided on the needs assessment form, the circumstances and reason leading to the application, and any other information available to them The officer making the decision will consider and take into account: Applicants financial circumstances Access to other forms of financial support Circumstances and reasons for the claim Preventative measures taken by the applicant or partner Impact of making or not making of the award The budgetary situation of the fund 20. Appeals and Complaints 20.1 Decisions will be notified to the applicant in writing. Applicants who wish to appeal the decision will need to do so in writing stating the grounds for appeal and within 7 days of receipt of the notification Appeals will be determined by a senior officer within 2 days of receipt of the appeal If the decision to reject the application has been made on the basis of lack of available funds, there are no grounds of appeal If the applicant is not satisfied with the decision or wishes to make a complaint then the normal complaints procedure is open to them. 21. Policy Review and continuous improvement 21.1 The LDWS is a new scheme and limited information is available from the DWP to accurately forecast demand As the scheme does not replicate any existing scheme it is highly probable that changes to this document and the practical application of the scheme will need to be made throughout the year. 8 v2

9 21.3 The Policy will remain a working document and changes will be made as appropriate to ensure that the scheme continues to meet the needs of residents and the Council. Customer is entitled to JSA/income support/universal credit and household goods broken down Customer is entitled to JSA/income support/universal credit and run out of living expenses /in emergency Customer is eligible but not in receipt of JSA/income support/universal credit and run out of living expenses /in emergency or household goods broken down Customer is entitled to JSA/income support/universal credit and is homeless/leaving institutional care or needs assistance to remain in community Is customer waiting for benefit to be paid or under benefit sanction? NO Advisor tries to resolve issue by referral to other agency charity etc NO Referral to DWP for Budgeting Loan YES Referral to DWP for Budgeting Loan YES Referral made Contact named Council Officers 9 v2

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