Welfare Rights Adviser Programme

1. Welfare Rights Adviser Programme Law Centre October 2009

2. SOCIAL FUND

3. Two parts Regulatory Social Fund Non-discretionary Payable if you meet conditions Non-Regulatory Social Fund Usually discretionary Often depends on available budget

4. Social Fund The purpose of the social fund is: ‘To help people with needs which are difficult to meet from regular income’

5. Two parts Regulatory Social Fund Non-discretionary Payable if you meet conditions Non-Regulatory Social Fund Usually discretionary Often depends on available budget

6. 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

7. 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

8. 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”

9. Community Care Grants WHO 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.

10. Establishing Priority: Priority Need • High Priority – substantial and immediate effect in resolving or improving the circumstances of a person 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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)

17. Repeat applications: Direction 7 Repeat applications for CCG and Crisis loans made within 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

18. 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

19. 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

20. 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

21. 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.

22. Planned resettlement • A person may have been using a night shelter, a hostel, an emergency winter shelter, sleeping rough etc

23. 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

24. 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

25. 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

26. Budgeting Loans WHO 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

27. 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

28. Decision making • assessment of personal circumstances • weighting • budget • maximum budgeting loan debt • size of loan

29. 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

30. 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

31. Outstanding Budgeting Loan Debt If 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 award depends on: • her/his maximum amount less any outstanding budgeting loan debt • if difference is less than £100, a loan may not be offered

32. Example 1 No outstanding debt

33. Example 2 Outstanding Debt £200

34. Repayment

35. Crisis Loans Anyone aged 16 or over can claim except 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

36. Crisis Loans cont… Crisis Loans may be awarded in respect 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

37. 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

38. 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

39. 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

40. 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

41. 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 SFI further challenge to the decision of SFI is by way of judicial review in the High Court

42. SOCIAL FUND (part 2)

43. 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

44. Regulated Social Fund • non-repayable • legal right to entitlement • conditions of entitlement contained in regulations • right of appeal • budget not cash limited

45. 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

46. 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

47. 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;

48. 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

49. 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

50. 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