Hull City Council s Local Assistance Scheme. Decision Makers Guide

Transcription

1 Hull City Council s Local Assistance Scheme Decision Makers Guide

2 Contents Foreword.. 2 Introduction... 3 Decision Makers.. 3 Disclosure of information 3 Section 1 - Community Crisis Loans. 4 Part 1 Purpose of a Community Crisis Loan. 4 Part 2 Conditions that exclude a person from entitlement to a CCL. 5 Part 2A Exclusion Criteria... 5 Part 2B Excluded Persons.. 5 Part 2C Excluded Items... 7 Part 3 Criteria under which a person is eligible for a CCL.. 10 Part 3A Qualifying Conditions Part 3B Eligible Persons. 11 Part 3C Eligible Items.. 12 Part 4 Awards: amount and period. 16 Section 2 - Community Support Grant.. 19 Part 1 Purpose of a Community Support Grant 19 Part 2 Conditions that exclude a person from entitlement to a CSG. 20 Part 2A Exclusion Criteria.. 20 Part 2B Excluded Persons. 20 Part 2C Excluded Items.. 20 Part 3 Eligibility. 23 Part 3A Qualifying Conditions 23 Part 3B Qualifying Criteria.. 23 Part 4 Amount of Awards. 48 Section 3 - Exceptional Circumstances. 50 Section 4 - Administrative Matters.. 51 Application for a CSG or CCL 51 Evidence and Information Requirements 53 Income and Capital. 54 Decision making.. 56 Budget 57 Payment and Repayment.. 58 Reviews. 59 Fraud.. 61 Section 5 - Trusted Referrers Scheme Service Development, Revenues and Benefits, Version 4: Nov 2013 Page 1

3 Foreword The discretionary provisions within the Department for Work and Pensions (DWP) Social Fund, for crisis loans and community care grants, have been abolished from 01 April From 1 April 2013 the Government provided a fixed grant to all Local Authorities to implement a scheme that will provide similar assistance but enable them to apply their knowledge of local need. Hull City Council s Local Assistance Scheme, effective from 1 April 2013, will provide help to residents of Hull who are in need at a time of crisis or disaster, or require assistance when establishing themselves or remaining within the community. The scheme is not governed by legislation therefore decisions on awards will be made on a discretionary basis. Decision making will follow a set of administrative rules and guidance notes to ensure a consistent and fair approach so that help is provided to those most in need. The scheme will incorporate a mechanism for appeals; however there is no avenue for appeal outside of Hull City Council, other than to judicial review. In view of the fact the administrative rules and guidance upon which decision making will be based are untested; the scheme will be subject to continuous improvement and adaptation to take account of experience gained through its administration. The fund from which awards are to be granted will be allocated between loans that are repayable in respect of a crisis or disaster and grants, not to be repaid, in respect of support that enables a person to live independently within the community. As the budget is finite awards will be monitored and adjusted in accordance with available funds on a strict four weekly basis. Awards from Hull City Council s Local Assistance Scheme are made as a last resort once it has been established, through a series of pre-screening questioning that no alternative means of help is available. Applicants are directed to seek assistance from other relevant Council departments, in particular when there is a statutory duty to provide help held by that department. Awards do not replicate the types of discretionary awards paid previously by the Department for Work and Pensions under their Social Fund arrangements for crisis loans and community care grants, nor will they be paid when there is an alternative payment available under the DWP s new Social Fund arrangements from 1 April Service Development, Revenues and Benefits, Version 4: Nov 2013 Page 2

4 Introduction Hull City Council s Local Assistance Scheme aims to help people with needs that are difficult to meet from their regular income. It is made up of two distinct parts: Community Crisis Loans Community Support Grants Decision Makers Decisions on applications for help will be made by officers of Hull City Council s Local Assistance Scheme Team (Decision Makers DM s) in accordance with guidance contained within this document. Decisions on reviews will be considered independently by a senior DM on the Local Assistance Team; further requests for review / appeal will be decided by an Adjudication Officer (AO) of Hull City Council s Housing Benefit Adjudication Team. In certain instances issues regarding the scheme may be escalated for consideration by the Revenues and Benefits Senior Management Team. DMs and AOs will ensure their decisions are not in any way affected by bias or prejudice on any grounds such as colour, ethnic or national origin, sexual orientation, sex, religion, age or disability. DMs and AOs will ensure they have all the relevant information to determine the application / review. Where a relevant issue is raised in connection with an application, the DM or AO will seek more information so that issue is fully taken into account in determining the application or review. This guidance cannot be expected to cover every contingency that will arise and the absence of guidance on a particular situation does not mean that help is refused. In these instances circumstances will be recorded in order to continually develop and improve the scheme. Disclosure of information Staff must be mindful of the Data Protection Act 1998 and that personal information about individuals is held in strict confidence. Staff will not disclose personal information unless: the person concerned has consented a court order has been obtained legislation allows for the disclosure. Service Development, Revenues and Benefits, Version 4: Nov 2013 Page 3

5 Section 1 - Community Crisis Loans Part 1 - Purpose of a Community Crisis Loan Community Crisis Loans (CCLs) are intended for applicants who are unable to meet their immediate short term needs: either in a crisis in relation to some expenses or as a consequence of a disaster A CCL is a loan and is therefore repayable. Expenses that can be considered whether the need arises from a crisis or a disaster are: daily living expenses for food, toiletries and fuel meeting the cost of repaying emergency credit on a gas or electric pre-payment meter so the supply of fuel can be maintained or restored emergency accommodation charges when homeless board and lodgings/hostel emergency travel expenses where the applicant is stranded away from home rent in advance payable to secure fresh accommodation where the landlord is not a local authority (but only in circumstances where a CSG has been awarded) The need for help in a crisis will generally be for day to day living expenses for a short period not normally exceeding 14 days but other expenses can also be considered. The need for help as a consequence of a disaster will generally be for specific items or services but it could also include day to day living expenses or other items not listed above. An award of a CCL will be as a last resort, unless there is serious risk to the health or safety of the applicant or a member of the family. Application for rent in advance from a person who is leaving institutional or residential care will only be payable where a Community Support Grant (CSG) is awarded at the same time. Service Development, Revenues and Benefits, Version 4: Nov 2013 Page 4

6 Part 2 Conditions that exclude a person from entitlement to a CCL Rule1: Exclusion criteria Part 2A Exclusion Criteria 1.1 An applicant will not be awarded a third application within a twelve month rolling period unless the first loan within the twelve month period is paid in full (Rule 10). 1.2 No CCL will be awarded when the applicant has loans outstanding to the amount of , unless they are applying for or have previously been awarded a loan in respect of rent in advance. Where this is the case the maximum amount of the loans will be 500, plus the award of rent in advance. 1.3 Only one CCL will be paid for the same item for the same period. Rule 2: Non Hull residents Part 2B Excluded Persons 2.1 A CCL will not be awarded for an applicant whose main residence is not within the Hull City Council boundary. Rule 3: Persons for whom child benefit is paid 3.1 A CCL will not be awarded for an applicant who is under 20 years of age and for whom someone is receiving child benefit. Rule 4: Prisoners, Persons in Care Homes, relevant education or religious orders 4.1 A CCL will not be awarded in respect of a person who is: (a) a resident in a care home, a resident in premises providing a care home service or a hospital in-patient, unless the CCL is for rent in advance which is accompanied by an application for a CSG; or (b) a prisoner or person who is lawfully detained or is on release on temporary licence (under rule 9 of the Prison Rules 1999); or (c) a person who is a member of and fully maintained by a religious order; or (d) a person who is or is treated as being in full time relevant education / receiving education and as a consequence is not entitled to income support, income-based jobseeker's allowance, income-related employment and support allowance or state pension guarantee credit. Service Development, Revenues and Benefits, Version 4: Nov 2013 Page 5

7 Rule 5: Students 5.1 A student will not be awarded a CCL unless they are in receipt of income support, income-based jobseeker's allowance or income-related employment and support allowance or state pension guarantee credit. 5.2 Only in order to alleviate the consequences of a disaster can consideration be given to any person who falls to be a student. Rule 6: Persons from Abroad 6.1 A person from abroad will not be awarded a CCL unless they are in receipt of income support, income-based jobseeker's allowance or income-related employment and support allowance or state pension guarantee credit. 6.2 Only in order to alleviate the consequences of a disaster can consideration be given to any person who falls to be a person who is treated as being from abroad. 6.3 A person referred to in 6.1 is a person who does not meet the conditions of the Habitual Residency Test and where they are subject to immigration control by virtue of Section 115 of the Immigration and Asylum Act Where the person can prove they pass the Habitual Residency Test and they are not subject to immigration controls and are in a category where they would attract an entitlement to IS, JSA (IB) or ESA (IR), they will not be excluded from receiving a Community Crisis Loan. Rule 7: Persons subject to DWP Sanctions and disallowances 7.1 A person subject to a trade dispute or Department for Work and Pensions (DWP), benefit sanction or disallowance will not be awarded a CCL unless they are: (a) in receipt of an income-based job seekers allowance because they are a person in hardship (regulation 140(1) of the JSA Regulations or regulation 5(1) of the Social Security (Loss of Benefit) Regulations 2001 (Loss of Benefit Regulations); or (b) a member of a joint-claim couple who are in receipt of jobseeker s allowance because they are a couple in hardship (regulation 146A(1) of the JSA Regulations or regulation 11(2) of the Loss of Benefit Regulations); or (c) in receipt of reduced income support or income-related employment and support allowance (regulation 3(1)(a) of the Loss of Benefit Regulations); or (d) in receipt of reduced state pension guarantee credit (regulation 3A(1)(a) of the Loss of Benefit Regulations); or Service Development, Revenues and Benefits, Version 4: Nov 2013 Page 6

8 (e) a lone parent to whom the provisions of the Social Security (Work-Focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000 apply. 7.2 If a person is involved in a trade dispute consideration will be given to alleviate hardship for other household members who are adversely affected by the decision of the person involved in the trade dispute. 7.3 Only in order to alleviate the consequences of a disaster can consideration be given to any person who falls to be on a trade dispute or DWP Benefit sanction or disallowance. The intention of this rule is to ensure that this scheme does not undermine the DWP s sanction or disallowance. Rule 8: Excluded items Part 2C Excluded Items The following items are excluded from a CCL as either alternative assistance is available elsewhere or it is considered to be a luxury item. 8.1 A need outside Hull City Council s boundary - a need other than emergency travelling expenses when stranded away from home, occurring outside of Hull City Council s boundary and the United Kingdom; 8.2 Educational or training need - this would include any educational or training expenses including clothing and tools; 8.3 Distinctive school uniform or sports clothes - any school uniform and sports clothes or equipment of any description for use at school; 8.4 Travelling expenses to or from school - any travelling expenses to or from school; 8.5 Meals Meals taken during school holidays by children who are entitled to free school meals; 8.6 Expenses in connection with court (legal) proceedings - (including a community service order) such as legal fees, court fees, fines, costs, damages, subsistence or travelling expenses (other than emergency travelling expenses when stranded away from home); 8.7 Removal or storage charges where the council has a duty to re-house a person The Council has a legal duty under its Homelessness duties (Part VII, Housing Act 1996), where there is a compulsory purchase order, a redevelopment or closing order, or a compulsory exchange of tenancies to protect a persons property against loss or damage; Service Development, Revenues and Benefits, Version 4: Nov 2013 Page 7

9 8.8 Domestic assistance and respite care Domestic assistance and respite care is help within the home or care provision within residential establishments. This is facilitated through Adult Services and requires a community care assessment; 8.9 Repairs to public sector property Public sector property is that which is provided by Housing Associations or Local Authorities, Housing Trusts and Housing Cooperatives; 8.10 Housing repairs and improvements This includes major repairs and improvements to any dwelling occupied as the home, or any associated garage, garden or outbuildings, deposits to secure accommodation, mortgage payments, service charges and rent. A repair will generally put something right that is defective and an improvement will upgrade or add to the property. A CCL will not be awarded for any major repairs or improvements or survey fees. However, minor repairs to properties, other than those owned by the Council, a Housing Association or Private Landlord (as this would be covered by insurances or costs within the rental charge) may be considered only in order to alleviate the consequences of a disaster Any garaging, parking, purchase and running cost of any motor vehicles This includes all costs associated with any vehicle, motorcycle or van and any associated fines; 8.12 Any medical, surgical, optical, hearing or dental item or service These services are usually provided through the National Health Service. If help cannot be provided from other agencies consider the merits of the application individually taking account of available budget; 8.13 Work related expenses These are expenses that relate to seeking and obtaining employment for example fares to and from work, new clothes and tools for a trade or apprenticeship; 8.14 Any investments This includes any insurance policies, any instalments in respect of insurances, investments and saving schemes; 8.15 Costs in relation to any television or telephone This includes the purchase of, installation and charges for a television, telephone or a radio, and the associated costs of any licence, aerial or rental charges; 8.16 Any mobility needs Any expense related to a person s mobility needs like a mobility scooter, stair lift, and walking aids; 8.17 Holiday - Any expense relating to a holiday or short break; 8.18 Monies owed to Government departments and local authorities These would include council tax and arrears, rent and arrears, national insurance and arrears, income tax liabilities, water bills and arrears, sewerage charges; Service Development, Revenues and Benefits, Version 4: Nov 2013 Page 8

10 8.19 Any expense which local authorities have a statutory duty to meet These are expenses that are covered under government legislation and the Council has a duty to meet; 8.20 Crisis prevention and disaster imminent but not yet occurred This is any expense that is anticipated will alleviate a crisis or prevent a disaster that has not yet happened; 8.21 Maternity and Paternity expenses This includes any item that is related to maternity or paternity expenses. A person can make a claim for a Sure Start Maternity Grant from the DWP 11 weeks before the expected date of confinement and up to 3 months after the birth; 8.22 Funeral expenses - This includes any items relating to funeral expenses associated with burial or cremation and any costs associated with funerals for example headstones and funeral clothing; 8.23 Ineligible service charges This includes all ineligible charges within the rent not paid for within Housing Benefit legislation. Utility charges are not payable under this scheme however there is an element of fuel paid within day to day living expenses. Service Development, Revenues and Benefits, Version 4: Nov 2013 Page 9

11 Rule 9: Qualifying Criteria Part 3 Criteria under which a person is eligible for a CCL Part 3A Qualifying Conditions 9.1 A CCL will be payable where the following criteria are met: (a) where it will prevent serious damage or serious risk to the health or safety of the applicant or to a member of their family: (i) where there has been a crisis; or (ii) as a consequence of a disaster; and (iii) other available sources of help have been exhausted. 9.2 For the purposes of paragraph 9.1 (a)(i) a crisis is defined as a situation causing the applicant to have a pressing need or an unforeseen circumstance either of which requires immediate remedy or action. 9.3 For the purposes of paragraph 9.1 (a)(ii) a disaster is defined as a sudden calamitous event or great misfortune causing loss of, or significant damage to possessions or property. However, where there is no effect on property, there will at least be an extreme situation causing severe disruption to the day to day life of the applicant and their family. The effects of a disaster are generally felt by a whole community and have very significant consequences (e.g. street or larger geographical area). Consideration will be given to individual circumstances and merit of the application. For example: flooding gas explosion chemical leak fire 9.4 For the purposes of paragraph 9.1 (a)(iii) an applicant must have explored all other means of help and financial assistance available to them before a CCL will be considered. For example: the DWP, LA s statutory duties, family, friends and insurance provision. This list is not exhaustive. 9.5 Large scale tragedies invoke the LA s Business Continuity Plan where it works in partnership with the Police, Health Service and other partners. Service Development, Revenues and Benefits, Version 4: Nov 2013 Page 10

12 Rule 10: Number of awards and ability to repay 10.1 An applicant and their partner can only have two CCLs within a twelve month rolling period unless the first loan within the twelve month period is paid in full For the purposes of paragraph 10.1 a rolling period will start from the date of the first decision notice of an award Where a loan is repaid in full the start of the next rolling period will move to be the date of any unpaid second award For the purpose of paragraph 10.1 if the recipient of the award separates from the original partner included within the award, the partner will be eligible to claim two CCLs in a rolling period in their own right Where the partner then joins another household, their combined awards will be subject to paragraphs 10.1 and No award will be made in excess of the amount the applicant is likely to be able to repay. The maximum amount an applicant and their partner can have outstanding at any one time is , unless rent in advance has been awarded, in which case the maximum amount will be plus the award of rent in advance A CCL will be paid once for a particular item, for a specified period. Rule 11: Eligible persons Part 3B Eligible persons 11.1 A CCL will be awarded to an applicant who at the date of application: (a) has their main residence within the Hull City Council boundary; and (b) is aged 16 or over and no one receives child benefit for them; and (c) is without sufficient resources to meet their / their families immediate shortterm needs. Service Development, Revenues and Benefits, Version 4: Nov 2013 Page 11

13 Rule 12: Items eligible for a CCL The following will be considered for a CCL Day to day living expenses Part 3C - Eligible items Day to day living expenses can be paid in a crisis or as a consequence of a disaster. Applicants will be required to specify the number of days they anticipate the need will be required for starting from the date of their application i.e. until the next payment of regular income / benefit is due. This might include situations where, because of misfortune or management difficulties, the resources or income which are usually received are spent leaving the applicant without funds to live on. Day to day living expenses will generally be for food and groceries. Other needs that may come within the scope of day to day living expenses would include: cleaning / personal hygiene products; money for pre-payment fuel meters, where emergency credit has not been used All living expenses are subject to a maximum award amount. A CCL would only be made for living expenses for a maximum period of 14 days starting from the date of application, unless it is indicated that the crisis will not come to an end within that period Items to prevent serious damage / risk to the health or safety of the applicant or to a member of their family Items can be paid for in a crisis or as a consequence of a disaster that will enable the applicant or their family to stay healthy and safe. For example: white goods to enable ongoing administration of any medication to prevent further exposure to dangerous or damaged household items security to the property clothing and footwear. Service Development, Revenues and Benefits, Version 4: Nov 2013 Page 12

14 12.3 Loss of or stolen money Loss of money may result from a variety of different circumstances. For example: if a benefit cheque is not received or is lost before encashment this should be dealt with under the DWP s normal replacement rules; situations where, because of misfortune or management difficulties, the resources or income which are usually received are spent leaving the applicant without funds to live on; if money is stolen, (a crime number will be required as evidence); if money is lost, a need may arise until the next payment of regular income. A CCL would be considered under daily living expenses. All living expenses are subject to the maximum award amounts Emergency Fuel Expenses The amount awarded for living expenses includes money to recharge a fuel card or buy tokens for fuel pre-payment meters, where emergency credit has not been used. A CCL can be considered for expenses incurred as a result of an applicant having to use their emergency credit, in a crisis or as a consequence of a disaster Emergency travel expenses If an applicant or member of their family is stranded away from home in a crisis or disaster, without access to their regular means of support a CCL may be considered for travel expenses. Consideration will be given to overnight accommodation and whether it is cheaper for the applicant to return home or continue their journey. The award will take into account the circumstances of the crisis and consideration will be given to the cheapest option available that will meet the applicant s needs. Money awarded for motor fuel will be calculated based upon the remaining mileage to the closest destination that will alleviate the crisis and will be calculated in accordance with a mileage formula which will be adapted to account for present day fuel costs Hardship due to compulsory unpaid holidays Hardship may be caused to an applicant or their family when employers impose compulsory unpaid holidays. Service Development, Revenues and Benefits, Version 4: Nov 2013 Page 13

15 12.7 Capital not immediately accessible If an applicant has no regular income and is not entitled to benefits as they have assets over 16,000 they will be expected to raise money against the asset. A CCL may be considered for a short period until the applicant arranges credit facilities. If no attempts are being made to realise the asset or arrange alternative credit facilities, a CCL will not be appropriate Emergency Accommodation charges (Expenses for board and lodge, hostel or other accommodation) Only where the charge can not be reimbursed through Housing Benefit will a CCL be paid for payment to secure accommodation in a lodging house, hostel or similar establishment. Where the charge includes elements for services that are ineligible for Housing Benefit payments these will not be payable under this scheme. Where the charge includes meals these will be considered dependent upon the individual circumstances of the person and the risk to their health or safety where the following factors will be taken into account: The homeless may be at particular risk if they have to sleep rough. This risk is often greater for the elderly or for those who are not in good health. For all people, the risk increases when the weather is bad or a period of sleeping rough is prolonged. Physical disorders, including acute respiratory infections, such as bronchitis, tuberculosis and trench foot can result from prolonged exposure to the cold and damp. Psychiatric disorders, often found in ex-psychiatric hospital patients and ex-prisoners, are also frequently made worse by prolonged homelessness. The possibility of assault is common to all people sleeping rough but young people are also especially vulnerable to the risk of drug dependency, alcohol misuse and exploitation, e.g. prostitution. In addition, for young people, prolonged homelessness increases the risk of offending. Service Development, Revenues and Benefits, Version 4: Nov 2013 Page 14

16 12.9 Rent in advance (a) A CCL will only be paid to cover a maximum period of one calendar month where: (i) the applicant is leaving institutional or residential care; and (ii) a Community Support Grant is awarded; and (iii) the landlord is not the local Authority, Housing Association or Charity. (b) It will only be paid direct to the landlord or trusted referrer. (c) Where an applicant is receiving Housing Benefit, and their application for rent in advance is to secure fresh accommodation, A CCL will only be considered where a Discretionary Housing Payment (DHP) has not been awarded. Applications from discharged prisoners will be treated with urgency and sensitivity to minimise the risk of re-offending if they become destitute; they will be given a higher priority. It will only be payable to supplement a discharge grant. Service Development, Revenues and Benefits, Version 4: Nov 2013 Page 15

17 Part 4 Awards: amount and period A CCL will not compensate for the full consequences of the crisis, e.g. lost money will not necessarily be replaced in full. The amount of the CCL will be the smallest sum needed to tide the applicant over the period of need or to remove the crisis. The following rules apply when determining the amount and period of a CCL award. Rule 13: Maximum level of award 13.1 A CCL will not be paid in excess of the sum the applicant has requested as this will increase their overall debt If the household has access to any sum of money that is not committed to essential expenditure a CCL will be reduced by that amount or where the sum exceeds the potential award they will not be entitled to CCL. Rule 14: Living Expenses A CCL for living expenses will be made up of varying components depending on the household composition Calculation of any award will be linked to the DWP s income support personal allowances which are uprated annually and are considered a fair reflection of amounts for a person in need. No distinction will be made to the age of a person applying for a CCL, the personal allowances that will be used are: (a) for a single applicant the personal allowance for a person aged over 25; (b) for a couple the personal allowance for persons who are both aged over 18; (c) a child or young person s personal allowance The maximum amount that will be awarded as a CCL in respect of living expenses is the aggregate of the sums referred to in 14.3 and it will not exceed the difference between any sum already repayable by the applicant and their partner and , or, where rent in advance has been awarded plus the award of rent in advance The first sum is: (a) where the applicant is responsible for housing costs, an amount equal to 60% of the appropriate personal allowance in 14.1; or (b) where the applicant has no responsibility for housing costs, an amount equal to 30% the appropriate personal allowance in Service Development, Revenues and Benefits, Version 4: Nov 2013 Page 16

18 (c) If there are children in the household, each will attract 20% of the child or young person s personal allowance. (d) In exceptional circumstances where any member of the household has a medical need whereby they have additional nutritional requirements a further award can be considered in accordance with the need An applicant will be treated as responsible for housing costs where on the day of the application they: (a) have an award of Housing Benefit or a Council Tax Reduction; (b) are liable in respect of the dwelling they are occupying, solely or with someone else, for: (i) rent; (ii) charges for accommodation in a hostel or board and lodge establishment; (iii) council tax (or would be liable if the dwelling were not exempt); (iv) mortgage payments; (c) are a person without access to accommodation and are sleeping rough on the streets An applicant will be treated as not responsible for housing costs where they or any family member, normally reside in the home of a relative, friend or other person and paragraph 14.4 does not apply Awards will be calculated on a daily basis starting from the date of application and will be for; (a) a minimum of 3 days; (b) a maximum of 14 days, up to their next regular main income/payment is due; where a payment is due before the next regular main income/payment which will not alleviate the crisis the amount of that payment will be deducted from the award; (c) up to an absolute maximum of one calendar month where the crisis or disaster is proven to extend longer than 14 days. (d) a maximum period of 3 days when it is known that the crisis has arisen due to a deliberate act or omission by the applicant 14.7 All awards will be rounded up to the nearest whole pound This rule governs any awards for situations in paragraphs 12.1, 12.3, 12.6, and Service Development, Revenues and Benefits, Version 4: Nov 2013 Page 17

19 Rule 15: Items for Health or Safety 15.1 A CCL for an item will cover the smallest amount payable to provide or replace an item where there is a serious risk to the health or safety of the applicant or their family. Awards can include delivery and installation costs where appropriate. Rule 16: Emergency Fuel Expenses 16.1 An award for emergency fuel consumption will be considered up to the level of emergency credit that has been used at the time of application. The maximum amount will be 20 per meter. Rule 17: Emergency Travel Expenses 17.1 A CCL for emergency travel expenses will be paid at the cheapest cost that will meet the applicant s need. Consideration will be given as to whether it would be more cost effective for them to continue with their journey or return home. Rule 18: Emergency Accommodation Expenses 18.1 A CCL for accommodation expenses will be paid at the smallest amount that will secure the accommodation; where the charge includes an amount for meals the cost of these will be considered and will meet the cost of reasonable expenses only A CCL will only be paid for a reasonable period of time, this will normally be one night, however where it is proven that the crisis will remain for a longer period and there is no alternative accommodation available, a maximum of up to fourteen nights will be considered. Rule 19: Rent in Advance 19.1 A CCL for rent in advance will only be paid where a Community Support Grant is awarded Where a CCL for rent in advance is awarded it will only be paid; (a) for a maximum period of one calendar month; and (b) directly to the landlord or trusted referrer. Service Development, Revenues and Benefits, Version 4: Nov 2013 Page 18

20 Section 2 - Community Support Grant Part 1 - Purpose of a Community Support Grant Community Support Grants (CSGs) are primarily intended to help vulnerable applicants live as independent a life as possible in the community. They will compliment but not replace the Council s duties and responsibilities for community care, or support provided by other Government or voluntary agencies. The aim in considering applications should be to ensure that CSGs: do not take over the role and responsibilities of other service areas and agencies; are used in ways which contribute to the overall aims of care in the community. The prime objectives of CSGs are to: help people establish themselves within the community following a stay in an institution or care home in which they received care, or as part of a planned resettlement programme following an unsettled way of life; help people remain in the community rather than enter an institution or care home in which they will receive care; ease exceptional pressures on people and their families; help people to care for a prisoner or young offender on release on temporary licence, or help people with expenses to make certain journeys such as attending a relative s funeral or visiting someone who is ill. The objectives of CSGs differ from those of CCLs in that a CSG will only assist people on income support, income-based jobseekers allowance, pension guarantee credit, income-related employment and support allowance or universal credit. A CSG is a grant and is therefore not repayable. Service Development, Revenues and Benefits, Version 4: Nov 2013 Page 19

21 Part 2 Conditions that exclude a person from entitlement to a CSG Rule 20: Exclusion Criteria Part 2A Exclusion Criteria 20.1 An applicant will not be awarded a CSG unless they are receiving one of the following qualifying benefits: (a) income support; or (b) income based jobseekers allowance; or (c) state pension guarantee credit; or (d) income related Employment and Support Allowance; or (e) Universal Credit where their maximum award equals their living allowance An applicant will not be awarded a CSG within a twelve month rolling period which is to pay for the same items A CSG will not be awarded where an applicant moves from one kind of institutional or residential care to another, for example from a hospital to a care home, or from a Prison to a Hostel A CSG will not be awarded where other available sources of help have not been exhausted. Rule 21: Non Hull Residents Part 2B Excluded Persons 21.1 A CSG will not be awarded for an applicant whose main residence is not within the Hull City Council boundary. Rule 22: Exclusions Part 2C - Excluded items The following criteria will be excluded from a CSG as either alternative assistance is available elsewhere or it is considered a luxury item A need outside Hull City Council s boundary - a need other than emergency travelling expenses when stranded away from home, occurring outside of Hull City Council s boundary and the United Kingdom; 22.2 Educational or training need - this would include any educational or training expenses including clothing and tools; Service Development, Revenues and Benefits, Version 4: Nov 2013 Page 20

22 22.3 Distinctive school uniform or sports clothes - any school uniform and sports clothes or equipment of any description for use at school; 22.4 Travelling expenses to or from school - any travelling expenses to or from school; 22.5 Meals Meals taken during school holidays by children who are entitled to free school meals; 22.6 Expenses in connection with court (legal) proceedings - (including a community service order) such as legal fees, court fees, fines, costs, damages, subsistence or travelling expenses (other than emergency travelling expenses when stranded away from home); 22.7 Removal or storage charges where the council has a duty to re-house a person The Council has a legal duty under its Homelessness duties (Part VII, Housing Act 1996), where there is a compulsory purchase order, a redevelopment or closing order, or a compulsory exchange of tenancies to protect a persons property against loss or damage; 22.8 Domestic assistance and respite care Domestic assistance and respite care is help within the home or care provision within residential establishments. This is facilitated through Adult Services and requires a community care assessment; 22.9 Repairs to public sector property Public sector property is that which is provided by Housing Associations or Local Authorities, Housing Trusts and Housing Cooperatives; Housing repairs and improvements This includes major repairs and improvements to any dwelling occupied as the home, or any associated garage, garden or outbuildings, deposits to secure accommodation, mortgage payments, service charges and rent. A repair will generally put something right that is defective and an improvement will upgrade or add to the property. A CSG will not be awarded for any major repairs or improvements or survey fees. However, minor repairs to properties, other than those owned by the Council, a Housing Association or Private Landlord (as this would be covered by insurances or costs within the rental charge) may be considered Any garaging, parking, purchase and running cost of any motor vehicles This includes all costs associated with any vehicle, motorcycle or van and any associated fines; Any medical, surgical, optical, hearing or dental item or service These services are usually provided through the National Health Service. If help cannot be provided from other agencies consider the merits of the application individually taking account of available budget; Service Development, Revenues and Benefits, Version 4: Nov 2013 Page 21

23 22.13 Work related expenses These are expenses that relate to seeking and obtaining employment for example fares to and from work, new clothes and tools for a trade or apprenticeship; Any investments This includes any insurance policies, any instalments in respect of insurances, investments and saving schemes; Costs in relation to any television or telephone This includes the purchase of, installation and charges for a television, telephone or a radio, and the associated costs of any licence, aerial or rental charges; Holiday - Any expense relating to a holiday or short break; Monies owed to Government departments, local authorities and utility companies- These would include council tax and arrears, rent and arrears, national insurance and arrears, income tax liabilities, water bills and arrears, fuel bills and arrears or sewerage charges; Any expense which local authorities have a statutory duty to meet This is expenses that are covered under government legislation and the Council has a duty to meet; Maternity and Paternity expenses This includes any item that is related to maternity or paternity expenses. A person can make a claim for a Sure Start Maternity Grant from the regulated fund, 11 weeks before the expected date of confinement and up to 3 months after the birth; Funeral expenses - This includes any items relating to funeral expenses associated with burial or cremation and any costs associated with funerals for example headstones and funeral clothing; Fuel consumption This includes the cost of any fuel consumption and any associated standing charges; Any daily living expenses This would include any living expenses for food and groceries; Rent in advance This would be paid as a CCL when accompanying a CSG that is paid in order for the applicant to establish themselves, or remain, in the community; Removal vans This would be for deposits required in order to hire a removal van; Need not yet occurred This would include any expenses that are anticipated but have not happened at the time of the application. Service Development, Revenues and Benefits, Version 4: Nov 2013 Page 22

24 Part 3 Eligibility Part 3A Qualifying conditions Rule 23: Qualifying criteria 23.1 A CSG will be awarded to an applicant: (a) whose main residence is within the Hull City Council boundary; and (b) who is over 16; and (c) who upon the date of application is in receipt of, or treated as being in receipt of, one of the qualifying benefits below: (i) income support; or (ii) income-based jobseeker's allowance; or (iii) state pension guarantee credit; or (iv) income-related employment and support allowance; or (v) universal credit where the maximum amount equals the living allowance (d) where it is planned that within six weeks of the date of application the applicant is to be discharged from institutional or residential accommodation and will receive a qualifying benefit upon discharge; and (e) they still receive a qualifying benefit immediately before payment is made. Where it is not, the circumstances as to why the applicant no longer receives a qualifying benefit will be considered; this may preclude payment. Part 3B Qualifying criteria A CSG will be payable where it promotes community care by providing assistance with expenses, including travel expenses in the following situations: People moving out of institutional/ residential care or homeless hostels (Rule 24) Moving to accommodation which has a planned programme of resettlement (Rule 25) Helping people to stay in the community (Rule 26) Families under exceptional pressure (Rule 27) Prisoner or young offender on release or temporary licence (Rule 28) Travel Expenses (Rule 29) Service Development, Revenues and Benefits, Version 4: Nov 2013 Page 23

25 Rule 24: People moving out of institutional/ residential care or homeless hostels. This rule deals with awards that will help an applicant moving out of institutional / residential care or homeless hostels where care support supervision and protection is provided. 'Institutional or residential care' means care received in accommodation similar to that described below where the applicant is a resident and receives a significant and substantial amount of care, supervision or protection because they: are unable to live independently in the community; or might be a danger to others in the community if they were to do so. To establish if the applicant meets the qualifying condition that they reside within institutional or residential care, consideration will be given to the level of care, the length of time care has been provided, the frequency and type of care being provided and the intention of setting up a home Levels of care - The following groups of people are likely to demonstrate a need for a high level of care, supervision or protection: frail elderly people, particularly those with restricted mobility or who have difficulty in performing personal care tasks; people with learning difficulties; people with mental health problems; people with a physical impairment, including those with sensory impairment; chronically sick people; terminally ill people; people who have misused alcohol, drugs or other substances; ex-offenders; people without a settled way of life undergoing resettlement, other than those in the categories above; young people leaving Local Authority (LA) care or special residential schools. This list is not exhaustive. When establishing the level of care provided, consideration will be given to the applicant's care history, not just the existing level of care provided. Some applicants may be following a planned programme of rehabilitation into the community, where the level of care received reduces over time Length of time receiving care - The length of time an applicant has been in such accommodation will be a minimum of: a period of three months; or a pattern of frequent or regular admission to institutional or residential care that amounts to three months within the last twelve months. Service Development, Revenues and Benefits, Version 4: Nov 2013 Page 24

26 24.3 Frequency of care - The frequency of care or supervision would normally have been for 24 hours a day, there must be good reason if the number of hours is much less Type of care provided - The care provided should be significant and substantial, i.e. the applicant would be unable to live independently in the community without such help or might be a danger to others in the community if they were to do so. This may include help with washing, providing meals, supervision or protection. Examples of accommodation which provide high levels of care are: hospitals; care homes; residential home; prisons and youth centres; foster care; Hostels, where there is a high level of care provided. These examples are not exhaustive Intention to set up a home - The applicant will demonstrate that they will be: living permanently in their new home; or staying in a 'halfway house' prior to eventual permanent resettlement in the community; or staying in some form of board and lodging establishment. If the applicant will be living in a board and lodging establishment, for example hotel, hostel or guest house: it will not normally be appropriate to award a CSG for furniture, furnishings or connection charges; but CSGs may be payable for clothing, particularly where the applicant has had a long stay in institutional care. CSGs may be payable to applicants who either: are going to live permanently with family or close friends; will be paying rent for their individual accommodation or shared accommodation, for example an unstaffed group home for former psychiatric patients, although the applicant may still need significant and substantial amounts of care or supervision. Applicants who move to a 'halfway house' or temporary board and lodging accommodation will only be awarded a CSG for clothing. If the applicant moves in to permanent accommodation a CSG can be considered for: furniture, furnishings, bedding crockery and connection charges. Service Development, Revenues and Benefits, Version 4: Nov 2013 Page 25

27 24.6 Awards - An applicant can apply for a CSG six weeks prior to discharge. An award offer will be given as soon as practicably possible thereafter with monies released at appropriate dates. Offer and release of money can be made before discharge dates. Liaison with relevant organisations will confirm the exact date of discharge. This may affect the level of the award dependent upon the availability of support from the discharging organisation, other organisations, family or friends. The preferred method of payment will be through Trusted Referrers under supervised spending arrangements. If an application is received from a couple being resettled into the community the amount of the CSG will be increased as appropriate Items that can be considered: (a) Furniture, household equipment, connection charges A CSG will be awarded to the smallest amount that will provide for: specific items of furniture, furnishings, bedding, household equipment, which the applicant needs; or connection charges Consideration on the level of award will depend upon whether the home is unfurnished or partly furnished or if it is shared accommodation. (b) Clothing and footwear A CSG will be awarded for clothing to ensure the applicant has a minimum of one change of clothing and outdoor clothing to the smallest amount. (c) Removal expenses A CSG may be awarded for reasonable removable expenses only where there is no alternative means. Supporting evidence will be required. A CSG will be considered to cover the associated costs of hiring a van where it is most cost effective. (d) Storage charges If the applicant has furniture in storage and it is needed in the new home, a CSG may be awarded for storage charges. (e) Fares when moving home A CSG will be considered for an applicant who incurs fares when travelling to take up the tenancy of their new home. Service Development, Revenues and Benefits, Version 4: Nov 2013 Page 26

28 (f) Laundry equipment A CSG for a laundry item will be considered where the applicant or member of his family has a medical condition that necessitates a continuous or excessive need for laundering, for example the person is bedridden or incontinent. Consideration will be for: a tumble dryer where there are no suitable drying facilities; a combined washer- tumble dryer where this is more suitable / cheaper alternative. Rule 24A: Discharge from hospital /the NHS / care homes / rehabilitation hostels To qualify for a CSG under this rule an applicant who is being discharged from hospital, a NHS establishment, care homes or rehabilitation hostels must have been in accommodation which will: resettle them in the community as part of a planned programme; or rehabilitate them following alcohol or substance abuse. Different organisations will approach this task with varying methods and principles as resettlement is a process. Although an individual when applying for a CSG may live in semi-independent accommodation, consideration will be given to how they reached that level. This may encompass several different stages from direct access facilities to semiindependent accommodation and from high to low levels of care and support Levels of care - The following groups of people are likely to demonstrate a need for a high level of care, supervision or protection in that they will normally be being discharged from the following types of establishments: care homes hostels for people with alcohol or substance abuse issues hostels for people with mental health issues supported lodgings, health or voluntary organisations as part of a programme of rehabilitation hospital and other NHS establishments. These examples are not exhaustive but the applicant must have received a substantial element of care or supervision and protection Rehabilitation Plan - Consideration will be given to the applicants care history, not just the existing level of care provided. For a CSG to be considered the applicant must be following a planned programme of rehabilitation into the community, the level of care received may reduce over time. The term 'hostel' has many different meanings; even within the same hostel different residents receive different levels of care. Contact with the hostel will establish the programme, history and level of care. Service Development, Revenues and Benefits, Version 4: Nov 2013 Page 27