Contents Local Welfare Provision- Guidance for Decision Makers... 2 1. Eligibility criteria:... 2 2. Other Specifics... 3 3. Circumstances in which repeat applications are to be determined... 4 Repeat applications... 4 4. JSA disallowances and sanctions... 5 5. Evidence Required:... 6 6. Making a Decision... 7 Treatment of resources (Other Income)... 7 Disregards... 8 7. The Award: How much should be paid?... 9 8. Signposting-... 11 1
Local Welfare Provision- Guidance for Decision Makers 1. Eligibility criteria: Does the application meet the qualifying benefit conditions? Please refer to the LA s Policy Document. IS the applicant eligible? 1. be aged 16 or over; 2. be able to demonstrate a settled residence in Slough or, in the case of someone leaving prison or care, be about to move into Slough; 3. not have savings that can be relied upon to meet the need to which they are presenting; 4. not have received an LWP award in the past 6 months, unless they can demonstrate significant exceptional need; 5. not have been refused an LWP award for the same need in the past 6 months, unless they can demonstrate exceptional/changed circumstances; 6. be without sufficient resources which would in turn cause serious risk to their own, or their family s health or safety or well being; 7. not be eligible to receive or have received assistance for the requested funding or loans from other public funds; Is it a repeat application? Do any of the exclusions apply? Does the applicant satisfy the requirements of the LA Policy Document? Emergency Applications- Is there a Priority of Need - what is the priority of each item or service included in the application? Consider all the circumstances of the case, including: the nature, extent and urgency of need the possibility that some other person or body may wholly or partly meet the need budget give priority to high priority needs throughout the period of the allocation and not exceed the relevant allocation 2
Does the applicant qualify for STBA, Budgeting Loan or Hardship relief? Please refer to these benefits in all applicable cases and determine whether an application can be postponed until other alternatives have been exhausted. If Eligible: - Does the applicant's capital affect the amount of the award? can the award be made or the minimum award that can be made? Non-Emergency Applications- Is the applicant in receipt of an income-related Benefit? Non-Emergency Applications are to: help people to establish themselves in the community help people remain in the community help with the care of a prisoner or young offender on release on temporary licence ease exceptional pressures on families help people setting up home as a part of a resettlement programme help with travel within the UK as a one-off journey, (if there is a need for multiple journeys consideration should be given to the applicants circumstances and confirmed with a supervisor or manager) assist with certain travelling expenses to: - visit someone who is ill - attend a relative's funeral - visit a child who is being looked after by another while waiting for a court decision - ease a domestic crisis, or - move to suitable accommodation. 2. Other Specifics Payments relating to: helping those, without the necessary means, to either establish themselves in the community as a transition from care or prison or to remain in their community; should consider the following: The length of time the applicant has received care should normally either be: a period of three months or more or have an existing pattern of frequent or regular admission to institutional or residential care clearly linked to the nature of the applicant's disability or circumstances The guidance should help you to reach a decision, but you should: 3
always use discretion avoid a rigid interpretation of the guidance consider circumstances which appear to be outside the scope of the guidance remember that Local Welfare payments are discretionary and the absence of directions or guidance applying to a particular circumstance, item or service does not mean that help should be refused make sure that you consider all the circumstances of a case when you determine an application consider the consequences of refusing the award consider the circumstances in which the need arose and whether payment to a third party might be appropriate. Payments for items such as cookers and beds will not be paid in circumstances of emergency, unless applying due to a disaster; applicants will be referred to the DWP to apply for a Budgeting Loan. There will be some residual support for people following a disaster such as flooding. Budgeting Loans are intended to help long-term income-related benefit recipients cope with the cost of essential items like furniture and household equipment. Only 2 Local Welfare Payments for living expenses can be awarded to any applicant within a rolling twelve-month period. 3. Circumstances in which repeat applications are to be determined Repeat applications Do not refuse to determine an application for the same expenses in those cases where: the previous application was withdrawn before a decision or an offer was made the applicant did not respond to the offer on the previous application or the Decision Maker (DM) decided that the previous application was incomplete Applications for an expense previously applied for will only be considered if 12 months has passed since last application for that expense. In considering restrictions on repeat applications (for the same expense previously successfully applied for) a relevant change of circumstances might be, for example, a change in the: applicant s circumstances budgetary position law 4
With regard to the applicant s circumstances and whether there has been a relevant change, consider the following example. A repeat application for a bed is made by 2 different applicants who have already been awarded a payment for a bed. Applicant A did not buy a bed, but a different household item instead. Applicant B did buy a bed, but the bed has been subsequently destroyed by a house fire. In the above example, there is no relevant change in Applicant A s circumstances. There may however, be a relevant change in Applicant B s circumstances. 4. JSA disallowances and sanctions Local Welfare payments in regards to non-emergency should be dependant upon receipt of a qualifying benefit (Pass-ported Benefits). JSA disallowances and sanctions are different in their effects: Applications should be refused unless there are unintentional circumstances that led to the disallowance or sanction. Will need to interrogate the claimant e.g. hospitalisation disallowances - These occur where the jobseeker has not satisfied a basic condition of entitlement sanctions - These occur where, for example, jobseekers have left their previous work voluntarily or have neglected to avail themselves of a reasonable opportunity to participate in a training scheme. Sanctions are of a discretionary or fixed length, depending upon the offence Under a disallowance or sanction, normal JSA is not payable for the length of the disallowance or sanction, although the jobseeker can apply for JSA at the hardship rate. JSA at hardship rate is classed as JSA (IB). For people who do not fall within the prescribed vulnerable group (normally single, healthy, childless people and healthy, childless couples with no caring responsibilities) no JSA (even at hardship rate) will be payable: so long as a disallowance applies or for the first two weeks of the sanction. 5
5. Evidence Required: Applicants who are not in receipt of HB/CTB/ CTS may be required to provide proof of Identity, address and capital in support of their application; where there is a partner the same information will be required of them. Evidence can be documentary, verbal or physical. It may be derived from such sources as: the current application form supporting documents and correspondence telephone or interview records a record of observations on visit previous applications computer systems local knowledge Evidence may be provided by, for example: applicants and/or their representatives social workers probation officers medical doctors housing departments landlords visiting officers Decision makers/reviewing officers Where the applicant provides third party details and further enquiries are needed, it would be appropriate to contact the third party, particularly a social worker or probation officer, if they are likely to be able to provide more detail. If the applicant or third party gives any information over the telephone, this is acceptable as corroborating evidence. Exceptionally, it may be appropriate to ask the applicant for any corroborating evidence they may have, such as: estimate of cost of repair estimate of cost of replacement relevant evidence of a medical condition, e.g. an existing doctor's note, a letter from a hospital. You should ask for as much supporting evidence from the applicant for corroboration as is reasonable and necessary to substantiate the application, but do not: ask for evidence which would incur any expense to the applicant insist that the applicant provides supporting evidence, particularly from a third party 6
6. Making a Decision Decision Makers should ensure that the reasons for their decision are fully supported by the evidence and are recorded in your decision or supported by computer system records where appropriate. The evidence should always be available for future scrutiny if necessary. When all the necessary information has been obtained, a decision should be made without delay. Never deliberately delay a decision until the need has passed. Consistency should be observed in all circumstances as per SBC s policy and the guidelines set out above. Decisions should be authorised by a second CSA and where there is a need to escalate should be referred to a senior (Danielle, Owen) or the manager (Jamal) in their absence. All appeals should be dealt with by the Manager (Jamal). Treatment of resources (Other Income) Decision makers should consider all income and capital within the household without any disregard. Any resources, which are actually available to the applicant or could be obtained in time to meet the need if application were made, should be taken into account. Resources include: Job Grant capital assets earnings any other income cash in hand funds in bank or building society accounts, including Post Office and Credit Union accounts, which may be obtained by means of a cash card or a cheque and cheque guarantee card credit facilities (see below *) money available through any existing loan or overdraft facility (see below*) *Resources available*on credit should only be taken into account if the applicant is not in receipt of Income Support (IS), income-based Jobseekers Allowance (JSA(IB)), Pension Credit (PC) or income-related Employment and Support Allowance (ESA(IR)) and is likely to be able to afford the required repayments. 7
Disregards Resources should be disregarded if the Decision Maker considers it reasonable to do so in the circumstances of the case. It should however not be a routine to disregard resources, but to establish whether the resource has been specifically earmarked for a purpose. Such disregards will normally be applied to: housing benefit other Social Fund payments and HB/CTB Run-On the value of the applicant's home or premises acquired for occupation by the applicant within 6 months the value of any premises occupied by a relative or former partner of the applicant the assets of any business owned by the applicant any sum paid to the applicant in consequence of damage to or loss of the home or any personal possessions and intended for its repair or replacement any sum acquired on the express condition that it is used for effecting essential repairs or improvements to the home any personal possessions, except those acquired for the purpose of securing eligibility for a Local Welfare Payment. any payment made under section 17 of the Children Act 1989 (this concerns the provision of support for children in need) or section 22 of the Children (Scotland) Act 1995 unless the payment was made for the same need as the Local Welfare Payment application. These can include; Cash for new clothes for children Cash for travel to get away from a violent man Assistance with fitting new locks, getting a telephone or alarm system Transport to a refuge any compensation award set aside for the replacement of lost livelihood Any integration loan granted under The Integration Loans for Refugees and Others Regulations 2007. ***The mobility component of Disability Living Allowance should be disregarded in full when considering the resources of a person who has applied for a Local Welfare Provision award. 8
7. The Award: How much should be paid? Under no circumstances should payments be made for emergency using any other calculations than what is laid out below.(only the Supervisor or Manager can authorise different Payments amounts) For emergency payments, the maximum Local Welfare Provision award in relation to living expenses would be: For householders and people without accommodation a maximum award based upon 60% of their benefit personal allowance rate. In considering the circumstances of the application if we have established that their need will be for a period of 2 weeks (maximum), assessments should be made on 60%+30% or 60% +60%(maximum). All instances where 60% + 60% is to be awarded must be authorized by a senior or manager. Claimant (2013/2014) 60% 60%+30% 60% +60% Single person 18-24 35.00 50.00 70.00 Single person 25+ 45.00 65.00 90.00 Couple 65.00 100.00 130.00 Pensioner Single Lone Parent under 65- PC Couple, one or both under 65 but eligible for PC Single/Lone 65+ Parent Couple- One or Both 65+ Non-Dependents Disabled Claimants 85.00 130.00 170.00 130.00 200.00 260.00 95.00 145.00 190.00 145.00 220.00 290.00 All non-dependents in a household should be assessed on the basis of 30% of their personal allowance only. When calculating entitlement for disabled claimants please establish whether a Disability Premium was applied/ will be applied to their DWP including ESA benefit. 9
For all non-householders (non-dependents) a maximum award based upon 30% of their benefit allowance rate. All awards should also consider the applicant s ability to repay. Payments for larger sums relating to the rehabilitation or transition into the community should consider; Applicants for non-emergency payments must be leaving care/ detention or hospital and require rehabilitation or integration into the community. The first point of referral for Furniture must be made to the Slough Furniture Project (SFP). Depending on the need of the applicant you should ascertain by calling the SFP to determine whether they have a suitable product available and the costs. The applicant should be sent a letter at the point when the decision is made to the address of the property they wish to be furnished. Under no circumstances will a Care Of address be used for correspondence or delivery purposes. This letter must be taken to the SFP, with proof of ID (Photo where possible) and Proof of DWP benefit being received. The letter must include the exact items being purchased i.e. bed/ sofa and the total amount to be paid. At this stage an Email should also be sent to Tracy Bigland with the details of the order. Tracy will place an order and provide a purchase order code, which will then be emailed to SFP: sfphomemakers@yahoo.co.uk with the customers name, address, products to be supplied and the total amount. Savings of less than 300 will not be considered in non-emergency applications however if the applicant holds savings of more than 300, every 1 of savings will result in a deduction of 1 from the applied amount e.g. A customer makes an application for the sum of 500 to assist with purchasing white goods for his new flat having just come out of prison, he has savings of 350in the bank, if approved the payment would be made to the tune of 450. 10
8. Signposting- Slough Food Bank- Vouchers to be issued by CSA Care professionals such as doctors, health visitors, social workers, CAB and police identify people in crisis and issue them with a food bank voucher. At Slough Baptist Church (Windsor Road) Mon 12.00 pm - 2.00 pm Thu 11.00 am - 2.00 pm At St. George's Church (Long Furlong Drive, Britwell) Fri 11.00 am - 2.00 pm Langley Community Centre (Meadow Road, Langley) Tues 10:30am 12:30pm Slough Furniture Project- Must be in receipt of a DWP/Govt Benefit (No specific benefit) Tel: 01753 692535 Open- Monday- Friday 9:00am-15: 00pm DWP- Short Term Benefit Advance- Use the number on the phonelist for Canterbury. DHP- Discretionary Housing payments Applications for any assistance with rent except in circumstances where perhaps rent payments have been lost need to be applied for with through HB. 11