welfare rights adviser programme law centre october 2009
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Welfare Rights Adviser Programme
Law Centre October 2009
SOCIAL FUND
Two parts
Regulatory Social Fund Non-discretionary Payable if you meet conditions
Non-Regulatory Social Fund Usually discretionary Often depends on available budget
Social Fund
The purpose of the social fund is:
‘To help people with needs which are
difficult to meet from regular income’
Two parts
Regulatory Social Fund Non-discretionary Payable if you meet conditions
Non-Regulatory Social Fund Usually discretionary Often depends on available budget
Non-Regulated Social Fund
non-repayable grants and repayable loans
budget limited no legal right of entitlement majority of budget for loans right to internal review only
Non-Regulated Social Fund cont…DECISION MAKER MUST HAVE REGARD TO: the nature of extent and urgency of the
need (crisis loans or grants); or a person’s personal circumstances
(budgeting loans only); and other resources available; and other sources of help; and the local budget; and in respect of loans ability to pay; and Directions and Guidance from the
Department; area decision makers guidance
Non-Regulated Social Fund cont…
Directions – must be followed Guidance – may be followed
HOWEVER:“The absence of Directions and
Guidance applying to a particular circumstance, item or service, does not mean that help should be refused”
Community Care GrantsWHO CAN CLAIM: DIRECTION 25 On the day s/he claims is in receipt of:
– Income Support; or – Pension Credit; or– JSA(IB)
OR Is less than 6 weeks away from discharge
from residential accommodation and is likely to get Income Support, Income-based Jobseeker’s Allowance or Pension Credit when discharged.
Establishing Priority: Priority Need High Priority – substantial and immediate
effect in resolving or improving the circumstances of aperson and be very important in fulfilling the aims of Direction 4
Medium Priority – noticeable effect in resolving/improving the circumstances of a person and meeting the aims of Direction 4
Low Priority – minor effect in resolving/improving a person’s circumstances and in fulfilling the aims of Direction 4
Priority circumstances
A persons ability to cope with independent living may be difficult because of:– restricted mobility– learning difficulties– mental health problems– physical disability– mental or chronic physical illness
Priority Circumstances cont… Physical or social abuse – person
vulnerable, lacking in confidence Returning to community after long stay
in care Long periods of sleeping rough - little or
no concept living a settled way of life or coping with the problems of budgeting
Unstable family circumstances - putting the well being of children at risk
Behaviour problems associated with drug or alcohol abuse - added difficulties of person trying to live independently and increased need for a stable environment
What can be awarded?
clothing and footwear removal expenses fares when moving home connection charges storage charges for furniture furniture and furnishings minor structural repairs internal redecoration and refurbishment bedding fuel connection costs
What can be awarded? cont… re-siting pre-payment meters heavy laundry needs boarding out fees prior to adoption travel expenses overnight accommodation as part of a
travel expense payment other items or services considered to be
of high priority
MINIMUM AWARD £30
Exclusions: Directions 23 and 29 need arising outside UK educational or training need school uniform travel expenses to school school meals any court expenses including travel to court removal costs following compulsory
rehousing domestic assistance respite care repairs to NIHE/housing association
property
Exclusions cont… medical surgical and dental needs work related expenses debts to government departments investments personal security measures installation/rental of telephone expenses which the NIHE, HSSB or HSST
should meet fuel consumption housing costs daily living expenses (some exceptions)
Repeat applications: Direction 7Repeat applications for CCG and Crisis loans
madewithin 26 weeks for the same item or service
will only be determined where: there has been a relevant change in
circumstances; or the previous application was withdrawn
before a decision was made; or the person declined a previous offer; or the Department decided the previous
application was incomplete
Qualifying conditions: Direction 4
Help a person: a member of her/his family or other persons
for whom the s/he will be providing care to re-establish themselves in the community following a stay in institutional or residential care; or
a member of her/his family or other persons for whom s/he will be providing care remain in the community rather than going into institutional or residential care; or
set up home in the community as part of planned resettlement programme following a period during which s/he has been without a settled way of life
Direction 4 cont…
ease exceptional pressures on person and her/his family
help a person or her/his partner care for a prisoner or young offender on home leave
assist a person and members of her/his family with travel expenses within the UK
Moving out of care
establishments providing significant and substantial care, supervision or protection; or
moving house to care for someone being discharged and who will be living in same household
Remaining in the community
Assist a person live as independent a life as possible and remain in the community rather than entering institutional or residential care.
Planned resettlement
A person may have been using a night shelter, a hostel, an emergency winter shelter, sleeping rough etc
Families under exceptional pressure
the breakdown of established family relationships;
deterioration in a person’s home making it unfit or unsuitable;
chronic sickness or persistent disability in the family
Home leave
Living expenses where a prisoner or young offender spends leave with a person who is on IS or JSA (IB) who, if not a prisoner or young offender, would be in that person’s household
Travelling expenses
visit someone who is ill attend a relative’s funeral ease a domestic crisis visit a child pending custody
proceedings move to more suitable
accommodation
Budgeting LoansWHO CAN CLAIM?A person must: be in receipt of Income Support, Pension
Credit or JSA(IB) for 26 weeks ; and satisfy the capital rules; and not be involved in trade dispute; and apply for a qualifying expense of at least
£100; and not have reached the maximum social
fund debt of £1500; and be able to repay
Qualifying expenses: Direction 2
furniture and household equipment clothing and footwear rent in advance and/or removal
expenses to secure fresh accommodation
improvement, maintenance and security of home
travelling expenses job-seeking expenses HP/other debt for above
Decision making
assessment of personal circumstances
weighting budget maximum budgeting loan debt size of loan
Assessment
the people who are members of a person’s household
Weighting one person household = 1 a couple household = 11/3 household with one or more
children/qualifying young people aged 18 or under = 21/3
Awards
AMOUNT OF AWARD WILL DEPEND ON: size of local budget person’s weighting level person’s maximum budgeting loan
debt any outstanding budgeting loan debt ability to pay excess capital
Outstanding Budgeting Loan DebtIf no outstanding budgeting loans then
award is the: amount applied for if equal to or less than
her/his maximum; or maximum if amount applied for exceeds this
If outstanding budgeting loans then awarddepends on: her/his maximum amount less any outstanding
budgeting loan debt if difference is less than £100, a loan may not
be offered
Example 1
No outstanding debt
(1) (2)
(a) Maximum amount £400 £600
(b) Amount applied for
£600 £600
(c) Amount available £400 £600
Example 2
Outstanding Debt £200
(1) (2)
(a) Maximum amount £900 £550
(b) Amount applied for
£500 £500
(c) Outstanding debt £200 £200
(d) Amount available £500 £350
Repayment
Maximum loan period 104 weeks
Standard repayment rates:
No deductions 12%
Up to £8.45 deductions 10%
Over £8.45 deductions 5%
Higher rate (maximum) 20%
Repayment options maximum
3
Crisis Loans
Anyone aged 16 or over can claimexcept person who is: in HSST/HSSB residential
accommodation unless s/he will be discharge within 2 weeks
in prison maintained by a religious order in full-time relevant education and
not entitled to IS
Crisis Loans cont…
Crisis Loans may be awarded inrespect of: disasters e.g. fire or flood emergency travel loss of money living expenses hospital fares reconnection charges payment to secure accommodation rent in advance
Crisis Loans cont…
Excluded items: same as for CCG (items 1-16) motoring expenses mobility needs holidays tv or radio licence or rental
charges certain housing costs
Reviews
A person can request a review of: the amount of a grant or loan the refusal of a grant or loan payments to third party payment by instalments refusal to determine repeat
application refusal to consider crisis loan as CCG overpayments
Reviews cont…
Review Process decision is sent out letter requesting review outlining
reasons sent to SSA within 28 days review interview Social Fund Review Officer reviews
decision and can revise the whole or part of the decision or uphold original decision
Reviews cont…
Review by SFI write to Social Fund
Commissioners Office requesting review by SFI within 28 days
person will receive copy of decision and usually within 8 days of receipt of decision further comments can be made
Reviews cont…
SFI CAN: uphold original decision change all or part of the decision refer back to decision maker
If referred back to a decision maker and
refused again it may be returned to SFIfurther challenge to the decision of SFI
is byway of judicial review in the High Court
SOCIAL FUND(part 2)
Two parts
Regulated Social Fund maternity expenses funeral expenses periods of cold weather winter fuel
Non-Regulated Social Fund community care grants budgeting loans crisis loans
Regulated Social Fund
non-repayable legal right to entitlement conditions of entitlement
contained in regulations right of appeal budget not cash limited
Maternity payments
WHO? A person is in receipt of:
– Income Support– Jobseeker’s Allowance(IB); or– Child Tax Credit – higher rate
than family element; or– Working Tax Credit – includes
Disability or severe disability element; or
– Pension Credit
Maternity payments cont…
WHEN? claim 11 weeks before the expected
week of confinement or within 3 months following the date of confinement; or
within 3 months of date of adoption, residence order or parental order
How Much? £500
Funeral payments
a person in receipt of certain CTC or WTC, IS/JSA(IB), Pension Credit or Housing Benefit; and
the funeral takes place in the UK or Republic of Ireland
the deceased person was ordinarily resident in the UK;
Funeral payments cont… takes responsibility for the
funeral and: – is the partner of the deceased; or– parent of deceased
child/qualifying young person;– person responsible for a
child/qualifying young person; or– is an immediate family member; or– a close relative; or– a close friend
How much?
in the case of burial– cost of new burial plot– necessary cost of burial; or
in the case of cremation– necessary cost of cremation– necessary cost of medical
certificate– fee for removal of pace makers;
and
How much? cont… cost of necessary documents cost of transporting body home within UK
over 50 miles return journey cost of transport of coffin and bearers
and an additional car to place of rest journey in connection with arranging or
attending funeral within UK or Republic of Ireland
up to £700 of any other funeral expenses up to £120 of funeral expenses in the
above categories not covered by pre-paid plan or similar
How much? cont…
Deductions may be made from thepayment if the deceased person
hadassets
WHEN? claims should be made within 3
months of the date of funeral
Cold weather paymentsHow Much? £8.50 per week
WHO?On at least one day during the cold weather
perioda person is in receipt of: Income Support or JSA(IB) and
– in receipt of any pensioner premium, disability, severe disability child premium; or
– claiming for a child under 5; or– receiving the disability element or
severe disability element of CTC Pension Credit
Cold weather payments cont…
WHEN?A PERIOD OF COLD WEATHER ISDEFINED AS:“A period of 7 consecutive days during
which the average of the mean daily temperature forecasted or recorded for that period is equal to or below zero degrees celsius.”
PAYMENT IS MADE AUTOMATICALLY
Winter fuel payments
WHAT One-off, tax free payment towards cost of fuel
WHEN Paid during winter (qualifying week = 3rd Monday in September) Claim before 31 March 2009
WHO Aged 60 or over and ordinarily resident in Northern Ireland
Winter fuel payments
How much?£300 per household if one over 80;£200 per household if under 80;£100 (or £150 if over 80) if not entitled to Pension Credit/JSA (IB) and living/sharing household with someone who also qualifies;£100 (or £150 if over 80) if not entitled to Pension Credit or JSA(IB) and in residential care.2009/10 additional £50 over 60 or £100 over 80.
Capital
CCG’s capital of £500 or less is ignored capital of £1000 or less is ignored if
60+
Budgeting Loans capital of £1000 or less is ignored capital of £2000 or less is ignored if
60+
Capital cont…
Crisis Loans
All capital is taken into account
Regulatory Social Fund
All Capital is ignored
Overpayments
Decision subject to review where a person
misrepresents; orfails to disclose a material fact