Local Welfare Assistance Decision Makers Guide

Transcription

1 Local Welfare Assistance Decision Makers Guide V4.2 June 2014 This document not valid after 31 March

2 Contents Background & purpose of scheme... 3 Introduction... 3 Part A1 Purpose of an Emergency Loan... 4 Part A2 Conditions that exclude a person from entitlement to an EL... 5 Part A3 Eligibility criteria for an EL... 9 Part A4 Eligible items for an EL Part A5 Amount and period of EL awards Part B1 - Purpose of a Support Grant Part B2 Exclusions from entitlement to a SG Part B3 Persons eligible to be considered for a SG Part B4 Circumstances where items may become eligible for a SG Part B5 Amount and nature of awards Part B6 - Definitions of items to be supplied in a SG Part B7 Maximum number and value of SG awards Part C1 Vice Versa Awards Part C2 - Budget matters and Priorities Part C3 - Applications and evidence Part C4 Income and Capital Part C5 - Decision making Part C6 Methods of payment & Repayment Part C7 - Reviews Part C8 - Fraud

3 BACKGROUND & PURPOSE OF SCHEME The Council s Local Welfare Assistance scheme replaces elements of the discretionary provisions within the Department for Work and Pensions (DWP) Social Fund with effect from 1 April As with the predecessor Social Fund, East Riding of Yorkshire Council s Local Welfare Assistance Scheme will be made available as a last resort after it has been established that no alternative means of help is available. Applicants will be directed to seek assistance from other relevant council departments, in particular when there is a statutory duty to provide help held by that department. The scheme is not governed by legislation therefore decisions on payments will be made on a discretionary basis. The scheme will incorporate a mechanism for appeals; however there is no avenue for appeal outside of East Riding of Yorkshire Council, other than to judicial review. As the budget is fixed, awards will be monitored and adjusted in accordance with available funds. Where necessary, applications may be refused on grounds of budget exhaustion. INTRODUCTION East Riding of Yorkshire Council s Local Assistance Scheme is designed to provide help to residents of the East Riding of Yorkshire who are in need at a time of crisis or disaster, or require assistance when establishing themselves or remaining within the community. There are two types of award Emergency Loans, which are repayable and are made in respect of crisis or disaster Support Grants, which are not repayable and are made in respect of support that enables a person to live independently within the community Decisions on applications for help will be made by officers of East Riding of Yorkshire Council s benefits adjudication team (Decision Makers DM s) in accordance with guidance contained within this document. Decisions on reviews will be considered by a different DM, and not the officer who made the original decision. In certain instances decisions may be escalated for consideration by a manager. Customers are required to supply all relevant information to determine the application / review before a DM makes a decision. Where a relevant issue is raised in connection with an application, the DM will seek more information so that issue is fully taken into account in determining the application or review. Applications may be refused for lack of supporting information 3

4 Section A Emergency Loans PART A1 PURPOSE OF AN EMERGENCY LOAN Emergency Loans (ELs) 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 An EL is a loan and is therefore repayable. Payment of an EL will be as a last resort, once all other forms of assistance have been exhausted and due to there being serious damage or serious risk of harm to the applicant or a member of their family. Expenses that can be considered whether the need arises from a crisis or a disaster are: daily living expenses meeting the cost of repaying emergency credit on a pre-payment meter so the supply of fuel can be maintained or restored charges for board and lodging accommodation and residential charges for hostels emergency travel expenses where the applicant is stranded away from home travel expenses to help a new entrant into work retain employment rent in advance payable to secure fresh accommodation where the landlord is not a local authority Expenses other than those listed above will only be considered if the application is as a consequence of a disaster. 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 expenses referred to above. The need for help in an emergency will generally be for day to day living expenses for a short period not normally exceeding 14 days but other expenses listed above can also be considered. 4

5 PART A2 CONDITIONS THAT EXCLUDE A PERSON FROM ENTITLEMENT TO AN EL R u l e 1 Exclusion criteria for ELs Rule deleted as duplication see rule 10 R u l e 2 Excluded persons for ELs 2. 1 An EL will not be awarded for an applicant whose main residence is not within the East Riding of Yorkshire boundary 2. 2 An EL will not be awarded for an applicant who is under 20 years of age and someone is receiving child benefit for them 2. 3 An EL will not be awarded in respect of a person who is: a ) a prisoner or person who is lawfully detained or is on release on temporary licence (under rule 9 of the Prison Rules 1999); or b ) a person who is a member of and fully maintained by a religious order; or 2. 4 A Person From Abroad will not be awarded an EL unless; a. they are in receipt of income support, jobseeker's allowance or employment and support allowance or state pension credit; b. 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. c. A person under sub-paragraph (1) is an ineligible person from abroad where they would not meet the Habitual Residency Test within regulation 10 of Housing Benefit regulations 2006 which were in force on the date of the LWA application A person subject to a trade dispute will not ordinarily be awarded an EL unless they meet criteria 2.5 (a) or 2.5 (b) below: a. If a person is involved in a trade dispute, consideration will be given to an EL to alleviate hardship for other household members who are not involved in the trade dispute. b. Only in order to alleviate the consequences of a disaster can consideration be given to awarding an EL in respect of any person who falls to be on a trade dispute. Rule 2.5 was amended allowing some erosion of the impact of DWP sanctions and disallowances but only to the extent necessary to alleviate crises and disasters. No additional support was 5

6 granted to those on trade disputes as they retain the option to return to work to improve their financial means. R u l e 3. R u l e 4. R u l e 5. R u l e 6. R u l e 7. Rules 3-7 deleted. Space kept to retain integrity of numbering elsewhere in this document R u l e 8 Excluded items The following items are excluded from an EL as either alternative assistance is available elsewhere or it is considered to be a luxury item. 8.1 A need arising outside of the United Kingdom 8.2 A need arising outside of East Riding of Yorkshire Council s boundary, other than for a. emergency travelling expenses when stranded away from home b. Rent in advance where it is not practicable for person to remain in a property within East Riding of Yorkshire Council s boundary (for example specially adapted property required which is not available is required for a person leaving institutional care or, exceptionally a person fleeing violence) 8.3 Educational or training need including any educational or training expenses such as clothing and tools; 8.4 Distinctive school uniform or sports clothes - any school uniform and sports clothes or equipment of any description for use at school; 8.5 Travelling expenses to or from school; 8.6 Meals taken during school holidays by children who are entitled to free school meals; 8.7 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); 8.8 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), 6

7 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; 8.9 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; 8.10 Repairs to public sector property Public sector property is that which is provided by Housing Associations or Local Authorities, Housing Trusts and Housing Co-operatives; 8.11 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 An EL 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 including all costs associated with any vehicle, motorcycle or van and any associated fines. However, a loan may be made to pay for fuel for a person stranded away from home Any medical, surgical, optical, hearing or dental item or service. These services are usually provided through the National Health Service and are available free of charge to the lowest income households. Exceptionally an EL could be made to help a person purchase a prescription pre-payment certificate; 8.15 Work related expenses such as costs of seeking and obtaining employment for example fares to and from work, new clothes and tools for a trade or apprenticeship. Exceptionally an EL can be made for up to 7 days travel costs to help a person retain employment within their first calendar month of a person moving into work from Employment & Support Allowance, Jobseekers Allowance or Income Support if the loss of funds relates to a crisis or disaster; 8.16 Any investments This includes any insurance policies, any instalments in respect of insurances, investments and saving schemes; 8.17 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; 8.18 Any mobility needs Any expense related to a person s mobility needs like a mobility scooter, stair lift, and walking aids; 7

8 8.19 Holiday - Any expense relating to a holiday or short break; 8.20 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; 8.21 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; 8.22 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; 8.23 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; 8.24 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. Certain expenses, such as travel to funerals can attract an SG; 8.25 Expenditure already incurred, an EL cannot be used to reimburse cost of expenditure. 8

9 PART A3 ELIGIBILITY CRITERIA FOR AN EL R u l e 9 Qualifying Criteria 9. 1 As stated in Part 1 an EL will be payable where the following criteria are met; a ) where there has been a crisis or b ) as a consequence of a disaster and c ) where it will prevent serious damage or serious risk to the health or safety of the applicant or to a member of their family; and d ) other available sources of help, including the applicants own funds, have been exhausted 9. 2 For the purposes of paragraph 9.1(a) 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 For the purposes of paragraph 9.2(b) a disaster is defined as a sudden calamitous event or great misfortune causing loss of, or significant damage to possessions or property or severe disruption to the day to day life of the applicant and their family. Typically a disaster may take the form of: flooding gas explosion chemical leak fire 9. 4 For the purposes of paragraph 9.1(d) an applicant is expected to have explored all other means of help and financial assistance available to them before an EL will be considered. For example the DWP, LA s statutory duties, family, friends, insurance provision, charities. This list is not exhaustive Whilst not an exhaustive list, typical causes of an applicant having insufficient funds include the following a. Lost, spent or stolen money - Loss of money may result from a variety of different circumstances. For example: 9

10 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, guidance can be found here); Where money is lost or stolen, a need may arise until the next payment of regular income. An EL would therefore be considered for daily living expenses which would be subject to the maximum award amounts. b. Hardship due to compulsory unpaid holidays - Hardship may be caused to an applicant or their family when employers impose compulsory unpaid holidays in a manner which could not reasonably be foreseen by the applicant. c. Capital not immediately realisable - If an applicant has no regular income and is not entitled to benefits as they haveassets over 16,000 they will be expected to raise money against the asset. An EL 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, an EL will not be appropriate. d. People discharged from prison - Applications from discharged prisoners will be treated with urgency and sensitivity to minimise the risk of re-offending if they become destitute. An EL will only be considered where the DWP have refused to pay the applicant a short term advance. It will only be payable to supplement a discharge grant. Prison resettlement teams should be able to provide details of the level of funding the applicant received and any items issued on release. R u l e 1 0 Maximum Number of awards An applicant and/or their partner can only have one EL within a twelve month rolling period unless the loan is repaid in full or a significant contribution has been made in respect of larger loans repayable in instalments Where a second EL is advanced the start of the next 12 month rolling period will move to be the date of the 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 one EL in a rolling period in their own right. Where the partner then joins another household, their combined awards will be subject to paragraphs (1) and (3) An EL will not be made if the applicant and/or their partner has outstanding ELs totalling 1,000 or more Where the award of an EL could take the total amount outstanding above 1000 then the maximum amount of the EL should be limited so as to maintain the 1000 limit. 10

11 The maximum amount awardable in ELs is not affected by an award of an SG to the applicant or their partner An EL may only be granted outside of the restrictions in rule 10 if it is approved by a senior officer due to one or more of the following applying a. Significant and realistic risk of harm if an award was not made b. Repayment of an earlier EL was not possible or was impractical (for example an invoice was not issued to a person of no fixed abode, in legal custody etc) c. There is a foreseeable and overriding risk to not granting the EL R u l e 1 1 Eligible persons An EL may only be awarded to an applicant who at the date of their application: a. has their main residence within the East Riding of Yorkshire Council boundary; and b. is aged 16 or over and no one receives child benefit for them; and c. is unable to access adequate resources to meet their / their families immediate shortterm needs. PART A4 ELIGIBLE ITEMS FOR AN EL R u l e 1 2 Items eligible for an EL Only the following will be considered for an EL Day to day living expenses - 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 need and the number of days they anticipate the need will be required for 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: Food Cleaning / personal hygiene products Items for infants e.g. nappies, sterilising tablets etc 11

12 All living expenses are subject to a maximum award amount. An EL would only be made for living expenses for a maximum period of 14 days, 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 - Day to day 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 safe. For example: to enable ongoing administration of any medication to prevent further exposure to dangerous or damaged household items security of the property, where it is unrealistic to expect a landlord to effect repairs in good time Emergency Fuel Expenses - An EL may be awarded for fuel, both for electricity and for heating can be considered in a crisis or as a consequence of a disaster. Expenses may typically be a request to recharge a fuel card or buy a token for a pre-payment meter. However, for other lifestyles other requests may be made for example bottled gas for heating at caravan or traveller sites 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 an EL 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. Where a customer is stranded in their own (unfueled) vehicle an EL for vehicle fuel may be considered Temporary Accommodation charges (Expenses for board and lodge, hostel or other accommodation) - If an EL application is received for a payment to secure accommodation in a lodging house, hostel or similar establishment, where the charge is not eligible for housing benefit, an EL will be considered for the accommodation charge. Where the charge includes meals and services the value of these will be considered when determining how much to award and/or whether to also make an EL for day to day living expenses. Applicants who describe themselves as homeless should be referred to organisations able to assist, for example statutory homeless to the council s Housing function and young people to agencies such as Night Stop. Given the risks associated with rough sleeping awards should not be refused or delayed pending the outcome of such a referral. When considering whether to award an EL for temporary accommodation the individual circumstances of the person and the risk to their health and safety will be taken into account including consideration of: 12

13 That 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 exprisoners, 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 Rent in advance - An EL will only be paid to cover a maximum period of one calendar month where; i. the applicant is leaving institutional or residential care; OR ii. there is a genuine risk of homelessness if an EL is not awarded AND iii. A discretionary housing payment (DHP) for rent in advance has not been awarded b. ELs for rent in advance will only be paid direct to the landlord or trusted partner c. Where an applicant is receiving housing benefit, and their application for rent in advance is to secure fresh accommodation, an EL will only be considered where a discretionary housing payment (DHP) has not been awarded. d. The property to be moved into is located within the East Riding unless rule 8.2(b) applies. Before an EL is awarded to a person expected to be claiming either Housing Benefit or housing costs in Universal credit, the council must be convinced that the rent is affordable in the long term. If the shortfall between the rent charged and the likely financial support available is too high, an EL may be refused. PART A5 AMOUNT AND PERIOD OF EL AWARDS An EL will not necessarily compensate for the full consequences of the crisis, e.g. lost money may not be replaced in full. The amount of the EL will be the minimum 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 an EL award. 13

14 R u l e 1 3 Maximum level of award An EL will not be paid in excess of any sum the applicant has requested without first contacting the applicant to obtain their agreement to increase the size of the loan An EL will not be paid at a level which breaches the limits in rule If the household has access to any sum of money that is committed to non-essential expenditure such as luxuries or lifestyle choices an EL may be reduced by that amount. Consideration will be given to both the length of any notice period to end an expenditure which is subject to contract and the reasonableness of expecting a person of long term limited means to have avoided or ended such expenditure before deciding whether or not to make a deduction. R u l e 1 4 Living Expenses The maximum amount that will be awarded as an EL in respect of living expenses is 3.00 per person per day Awards will be calculated on a daily basis and will be calculated for a maximum of 14 days unless the crisis or disaster is proven to extend longer, up to an absolute maximum of one calendar month All awards will be rounded up to the nearest whole pound. R u l e 1 5 Items for Health and Safety An EL for an item will cover the smallest amount payable to replace the item where there is a serious risk to the health and safety of the applicant or their family. Awards can include delivery and installation costs where appropriate. R u l e 1 6 Emergency Fuel Expenses Where an award for emergency fuel consumption is for pre-payment meters the maximum award will be 20 per fuel type (i.e. gas & electricity). Where, exceptionally, an award is made for a period in excess of 10 days a further 2 per day will be awarded. Where an EL is awarded for another fuel type, e.g. bottled gas or heating oil, the maximum award will be that sufficient to secure the minimum fuel required for the period support is being offered for. R u l e 1 7 Emergency Travel Expenses An EL for emergency travel expenses by public transport will be paid at the cheapest fare available. 14

15 An EL for fuel for a private vehicle will be calculated up to the lowest cost of the cheapest fare available by public transport or the cost indicated by an on-line mapping tool, such as Google mapping, for the journey to be made Consideration will be given as to whether it would be more cost effective for them to continue with their journey or return home. R u l e 1 8 Temporary accommodation expenses An EL for temporary accommodation expenses will be paid at the smallest amount that will secure the accommodation; where the charge includes an amount for services and meals, the actual cost for these services will be considered and the award will meet the cost of reasonable expenses only An EL 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. R u l e 1 9 Rent in Advance An EL may be made for the cost of rent in advance and other fees required to secure a tenancy within the East Riding of Yorkshire boundaries The maximum amount to be advanced is the equivalent one calendar month s contractual rent It will only be paid direct to the landlord or trusted partner To prevent abuse no award may exceed 500 without approval from a senior officer Payment may not be made for a property outside of the East Riding of Yorkshire unless rule 8(2) applies. 15

16 Section B Support Grants PART B1 - PURPOSE OF A SUPPORT GRANT 1. Support Grants (SGs) 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. 2. The prime objectives of SGs are to: help people establish themselves within the community following a stay in an institution or residential care, or as part of a planned resettlement programme following an unsettled way of life; help people remain in the community rather than reside in an institution or residential care home; 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. 3. The objectives of SGs differ from those of ELs in that a SG will only assist people in receipt of certain incomes, see Rule A SG is a grant and is therefore not repayable. PART B2 EXCLUSIONS FROM ENTITLEMENT TO A SG R u l e 2 0 Exclusion Criteria for SGs An applicant will not be awarded a SG unless they are receiving one of the following qualifying benefits: income support; income-based or contribution based jobseeker's allowance; state pension credit; or income-related or contribution based employment and support allowance Universal Credit where the amount equal the living allowance However, discretion may be used in exceptional cases to consider an application where the applicant is not in receipt of a qualifying benefit. In these cases, additional 16

17 information must be provided by the benefit call team or trusted partner to explain the exceptional circumstances Although there is no limit on the number of SGs which may be awarded, the total value of awards is subject to an overall financial limit as stated in rule An applicant may only be awarded one SG within a twelve month rolling period to pay for the same items A SG 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. R u l e 2 1 Persons excluded from an SG 21.1 A SG will not be awarded for an applicant whose main residence is not within the East Riding of Yorkshire Council boundary R u l e 2 2 Items excluded from an SG The following items are not eligible for an SG as either alternative assistance is available elsewhere or it is considered a luxury item A need arising outside of the United Kingdom A need arising outside of East Riding of Yorkshire Council s boundary other than; a. Emergency travel expenses when stranded away from home, b. Removal costs where it is not practicable for person to remain in a property within East Riding of Yorkshire Council s boundary (for example specially adapted property required which is not available locally or, exceptionally a person fleeing violence) c. Travelling expenses awarded under rule Educational or training need - this would include any educational or training expenses including clothing and tools; Distinctive school uniform or sports clothes - any school uniform and sports clothes or equipment of any description for use at school; Travelling expenses to or from school - any travelling expenses to or from school; 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); 17

18 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; 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; Repairs to public sector property Public sector property is that which is provided by housing associations or local authorities, housing trusts and housing co-operatives; Housing repairs This includes major repairs 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 broken An SG will not be awarded for any major repairs 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; 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; 18

19 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; Energy consumption This includes the cost of any fuel type (gas, electricity, oil etc) and any associated standing charges Any daily living expenses This would include any living expenses for food and groceries. This may be paid as an EL Rent in advance This would be paid as an EL when accompanying a SG that is paid in order for the applicant to establish themselves, or remain, in the community Deposits on removal vans and hire vehicles Cost of setting up a home where applicant is not leaving institutional care and there are no exceptional pressures on the household they are leaving Expenditure already incurred, an SG cannot be used to reimburse cost of expenditure Items it would be reasonable be expected for a landlord to provide for, for example minor repairs or furniture and appliances in a furnished letting Items whose repair or replacement cost will be met through insurance or warranty. PART B3 PERSONS ELIGIBLE TO BE CONSIDERED FOR A SG R u l e 2 3 Qualifying criteria A SG may be awarded to an applicant; a. whose main residence is within the East Riding of Yorkshire 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 incomes stated in rule 20.1 d. if in institutional or residential care is planned to be discharged within six weeks of the date of application and will receive a qualifying benefit upon discharge 19

20 PART B4 CIRCUMSTANCES WHERE ITEMS MAY BECOME ELIGIBLE FOR AN SG A SG may be payable where it promotes community care or cohesion by providing assistance with expenses in the following circumstances; R u l e 2 4 Establishment within the community following a stay in institutional care R u l e 2 5 Moving house to care for a person leaving institutional or residential care R u l e 2 6 Helping the vulnerable to stay in the community R u l e 2 7 Helping people to stay in the community by moving nearer/into the house of vulnerable groups to give support R u l e 2 8 Families under exceptional pressure R u l e 2 9 Carers of prisoners or young offender on release or temporary licence R u l e 3 0 People setting up home as a planned programme of resettlement or rehabilitation R u l e 3 1 Travel expenses R u l e 2 4 Establishment within the community following a stay in institutional care Where it will assist an applicant, a member of his family or other person for whom the applicant (or a member of his family) will be providing care for, to establish themselves in the community following a stay in institutional care. The phrase institutional care shall cover prisons, long stay hospitals & psychiatric units, residential care, local authority care for young people and analogous situations This rule deals with awards that will support applicants a ) moving out of institutional / residential care or homeless hostels where care support supervision and protection is provided. OR b ) who are 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. OR c ) who are being resettled into the community following discharge from; prison 20

21 youth custody or detention centres youth treatment centres other centres where custodial sentences may be served hostels for ex-offenders run by the probation services. d ) young persons (aged 16 or more) who are leaving LA care, or a voluntary organisation under whose care they were placed by the LA, and they are: immediately leaving care and returning to their families a; or immediately leaving care and are establishing themselves in another person s household; or immediately leaving care and setting up their own home; or a care leaver in last 12 months who did not return to their families and are now setting up their own home. e ) For applicants for whom a child or young person who has been in LA care or in a special residential school is now rejoining the household. 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 in receipt of DWP benefits for disabilities or who receive domiciliary care, people with learning difficulties; people with mental health problems; people with a physical impairment, including those with sensory impairment; chronically sick people or terminally ill people; people who have had alcohol or other substance abuse issues; people without a settled way of life undergoing resettlement such as former homeless, ex-offenders, young people leaving LA care etc This list is not exhaustive Length of time receiving care - The length of time an applicant has been in such accommodation will be a minimum of 3 months (either continuous or frequent admissions over same period): 21

22 Type of care provided - The care provided should be significant and substantial, ie 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 & residential home; prisons and youth centres; foster care; Hostels, where there is a high level of care provided Intention to set up a home - The applicant will demonstrate that they will be: (a) living permanently in their new home (b) staying in a 'halfway house' prior to eventual permanent resettlement in the community (c) staying in some form of board and lodging establishment If the applicant will be living in a board and lodging establishment, eg hotel, hostel or guest house: it will not normally be appropriate to award a SG for furniture, furnishings or connection charges but SGs may be payable for clothing, particularly where the applicant has had a long stay in institutional care SGs 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, e.g. an unstaffed group home for former psychiatric patients, although the applicant may still need significant and substantial amounts of care or supervision. For applicants who move to a 'halfway house' or temporary board and lodging accommodation, a SG will only be awarded for clothing. If the applicant moves in to permanent accommodation a SG can be considered for: furniture, furnishings, bedding crockery and connection charges Items that can be considered under rule 24 are shown in Table 1 - items awardable under rules 24, 25, 26, 27 & 30 22

23 R u l e 2 5 Moving house to care for a person leaving institutional or residential care A SG may also be awarded if an applicant moves to more suitable accommodation, so that they, or a member of their family, can care for a person discharged from institutional or residential care, who will be living in the same household and is unable to live in the community without the provision of some care The applicant will be a relative or close companion of the person leaving institutional or residential care The applicant (relative) must demonstrate that the person being cared for meets the qualifying conditions set out in Rules 24.3 to Items that can be considered under rule 24B are shown in Table 1 - Items Allowable under rules 24, 25, 27, 27 & 30 R u l e 2 6 Helping people to stay in the community This rule deals with awards for items and services that will help an applicant or a member of his family remain in the community rather than enter institutional or residential care. An award for the provision of a single item may help to improve an applicant's existing living conditions; however a more significant award may enable them to move to accommodation which is more suitable or move nearer to someone who can offer them support A SG may be awarded either in respect of the current home or be awarded to help a person to move to more suitable accommodation to help the applicant or their family lead an independent life in the community Threat of returning to care Consideration will be given to the possible threat of the applicant returning to institutional or residential care. The main aim of a SG is to help people live as independent a life as possible in the community. There does not have to be an immediate threat of being taken into care for a payment to be made, but consider giving a higher priority to an application if the threat of care is immediate or imminent and/or there is a direct link between the threat of care and the need in question Levels of care/eligible groups of people - The same groups of people as listed in rule 24.3 are likely to demonstrate a need for an award: Items that can be considered are shown in Table 1 - items awardable under rules 24, 25, 26, 27 & 30 R u l e 2 7 Helping people to stay in the community by moving nearer/into the house of vulnerable groups to give support 23

24 27.1 A SG will be considered for applicants who move in order to provide attention or supervision on a daily basis to a vulnerable person who is normally their relative or close friend. The vulnerable person may or may not be in receipt of the qualifying benefits If an applicant moves to support someone who is not in receipt of a qualifying benefit consideration will be given to: the existence of available resources held by the vulnerable person alternative means of funding the move in whole or in part nature, extent and urgency of the need 27.3 Qualifying conditions under rule 25.3 (Threat of returning to care) and 25.4 (Levels of care/eligible groups of people) need to be met by the person the applicant is/will be providing care to EXCEPTIONALLY awards may be provided to non-east riding residents if they are moving to provide care to an East Riding Resident 27.5 Items that can be considered are shown in table 2 - Items Allowable under rule Items that can be considered under rule 25 are shown in Table 1 - items awardable under rules 24, 25, 26, 27 & 30 R u l e 2 8 Families under exceptional pressure This rule deals with awards for items and services that will help to ease exceptional pressures faced by families. A SG will only be considered to ease exceptional pressure on a family when the individual circumstances put that family under greater pressure than might normally be associated with low income "Family" in this section should generally be taken to mean people caring for children, people caring for vulnerable family members who reside with them, couples or women over 24 weeks pregnant. However, there may be circumstances, when we will extend the definition of family beyond the conventional "nuclear" family scope Consideration will be given to the degree this pressure will affect the individual family as well as the type of pressure or how common it is. It may cover a wide range of personal circumstances that occur as a result of acute domestic difficulties which can be described as specific to the family, such as one or more of the following: (a) (b) (c) the breakdown of a relationship (especially where domestic violence is involved); Following a calamity or disaster the onset of, or deterioration in, a disability of a member of the family. 24

25 (d) (e) (f) (g) (h) (i) to help someone to move to a new home if the applicant's home is particularly overcrowded. To support a family with children to co-habit again following the reconciliation of a relationship where an applicant or a member of their family has learning difficulties or mental health problems that result in behavioural issues Minor structural repairs which will alleviate exceptional pressure on a family for health and safety reasons. Clothing (including footwear) for disabled children where excessive wear and tear on clothing. Installing pre-payment meters and/or re-connection charges for families with a child under 5 years or a disabled child under 18 years (a) Following the breakdown of a relationship a SG will be awarded to help an applicant move to different accommodation where the applicant was formerly part of a couple with or without children and where the relationship has recently ended. In these circumstances, the award will ease the pressures on both the applicant and his family. A SG will only be paid once for the breakdown of the same relationship Higher priority will be given to cases where there has been domestic violence and a SG will help protect the applicant and/or any children from risk, eg if a family needs travelling expenses to move to a refuge in another area where they are less likely to be traced by a violent partner (b) Following a calamity or disaster (as defined in Rule 9) families may be under exceptional pressure Specific circumstances giving rise to a need may be important in deciding the priority of an application. A higher priority will be given to a new type of expense which has arisen as a direct result of special circumstances, particularly if these were unforeseeable. For example: a parent of young children needs household items following the violent breakdown of a relationship; or the sudden deterioration in the condition of a disabled child justifies an award for a washing-machine; or a family is experiencing hardship as the result of a localised disaster and urgently needs the replacement of essential household items damaged or destroyed as a result of this disaster. A SG will be awarded to help members of a family to stay together. 25

26 2 8.7 (c) The onset of, or deterioration in, a disability of a member of the family may present sudden needs which families may not be resourced to meet. Supporting evidence may be requested such as statements from GP or similar, recent awards of disability related benefits or an increase in the rate of these (d) To help someone to move to a new home if the applicant's home is overcrowded. Overcrowding refers to more occupiers in a property that would be required to fully occupy a property under Housing Benefit regulations. This scenario need not necessarily arise from exceptional or tragic circumstances Before an award is made under rule 28.3 (d) for rented property the council must be convinced that the rent is affordable in the long term. If the shortfall between the rent charged and the likely financial support available an SG may be refused (e) To support a family with children to co-habit again following the reconciliation of a relationship An SG under this rule may be considered for a relationship reconciliation if there are children involved in the relationship To meet the criteria of this rule the applicant should be returning to the home they shared with a partner of an established relationship following a period of separation. Consideration will only be given to couples with children who have been living together for at least six months (f) Where an applicant or a member of their family has learning difficulties or mental health problems that result in behavioural issues an SG may be awarded for the cost of replacement items or repairs and redecoration An SG under rule 28.3 (f) is not intended to meet regular items of expenditure or the regular replacement of items, eg clothing, bedding and even major household items such as cookers, beds and mattresses. An EL may be considered if an item has been recently replaced (g) Minor structural repairs which will alleviate exceptional pressure on a family for health and safety reasons may attract an SG unless the home is rented from the Council or where responsibility for repairs rest with a landlord Priority will be given to families with a disabled child To qualify for a SG under rule 28.3 (g) it needs to be established that the repair is minor; consideration will be given to: the nature and extent of the work the time needed to complete the work the cost of the work A minimum of two estimates will be required to support an application. 26