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