Norfolk Local Assistance Scheme Advisors Guide

Transcription

1 Potential Challenges to the LA Scheme (Judicial Review) Decisions Failure to make decisions Unlawful policy or guidance Refusal to do something Failure to do something in time Administrative practice On which issues can you challenge the Scheme? Norfolk Local Assistance Scheme Advisors Guide Error of law: Norfolk County Council has got the law wrong Ultra Vires : Norfolk County Council has acted outside of the powers granted to it by Parliament Failure to exercise discretion has fettered its discretion Failure to apply its own policy Irrationality: so unreasonable no reasonable authority would make that decision Procedural irregularity: authority has not allowed a fair or lawful procedure National Background Replaced parts of Discretionary Social Fund Community Care Grants and Crisis Loans only Part of the Localism Agenda The time has come to disperse power more widely in Britain today (Coalition Agreement 2010) It is difficult in a centrally administered system for staff to exercise a high degree of discretion, for example, in the case of Crisis Loans, where it is necessary to determine if there is a severe risk to the applicant s health or safety. These services can be more effectively run locally where they are linked to other support services No new statutory powers (unlike Social Fund) Funds not ring-fenced..however, we expect the funding to be concentrated on those facing greatest difficulty in managing their income, and to enable a more flexible response to unavoidable need, perhaps through a mix of cash or goods and aligning with the wider range of local support local authorities/devolved administrations already offer. In short, the funding is to allow you to give flexible help to those in genuine need. Spending decisions are, and will continue to be, a matter for local authorities. (Settlement letter from Steve Webb to LA Chief Execs 9 August 2012)

2 Common Problems nationally Restrictions on application methods, eg: - only one option for accessing (16% phone, 10% online, 2 postal) - only through referral by authorised agents Time Limits for making a decision: - 43% were unable to establish how long it will take Reviews: - only 63% of schemes offer a formal internal review process ( Nowhere to turn? Changes to emergency support Children s Society Report 2013) Background for the Norfolk LA Scheme It is not a direct replacement of the previous DWP Social Fund Crisis Loan and Community Care Grant schemes. Political objectives meant the scheme was set up primarily to assist those with children disabilities part of a planned resettlement scheme fleeing domestic violence needing help to remain in their home or community people who need assistance because of a disaster or emergency. It has never been designed to assist where that assistance should be provided by the DWP under existing Social Fund arrangements e.g. short term benefit advances or where benefits are reduced due to sanctions or overpayment or debt recovery. Financial Background The funding from the DWP was granted for two years at rates equivalent to those used by the DWP for Crisis Loans and Community Care Grants in In Norfolk this meant the following funding: ,516 plus 402,650 admin costs ,905,516 plus 369,072 admin costs

3 Grant Monies Awarded April 13 27, May 13 44, June 13 31, July 13 56, August 13 53, September 13 64, October 13 42, November 13 65, December 13 75, January 14 55, February 14 52, March 14 79, Sub-total 648, Care Leaver Funding Apr-Dec , Total 806, * * Not including Care Leaver Funding Dec 13 March 14 Number of Applications for By telephone - 3,012 Online Total - 3,510 Ineligible Applications 77.6% Clients have benefit issues: Entitled to Short Term Benefit Advance from DWP Benefits stopped as client failed to attend a DWP medical. JSA sanctioned 6.11% Clients have had a delay with Tax Credits 12.22% Items requested are not covered by the scheme 4.07% Applicant has spent their money - Scheme will not cover shortfalls related to Government set applicable amounts

4 How to apply You can only apply by: Phone Online Through one of our 31 approved partners across the county which your local Citizens Advice Bureau can tell you about. An approved partner can help you apply to the scheme, and may be able to provide other help and advice. What help is available The Norfolk Local Assistance Scheme is divided into two parts: Daily Living Expenses emergency money for food and fuel top-ups made by Paypoint decisions made within 24 hours Living in the Community Grants awards of household and white goods through Euronics and Argos vouchers Exceptional circumstances grants can be made outside of the usual fulfilment criteria in very exceptional circumstances Eligibility Checker If the claimant does not score sufficient points they will not be able to proceed to a full application If you are unsure why a client is failing the eligibility checker you are able to contact NCC to discuss In exceptional circumstances, NCC can approve Northgate taking the application no matter what the score Full application NCC looks at ALL full applications for Living in the Community Grants and makes checks against DWP, Local Authority and Social Services records The points may be amended where there is additional or no evidence to support them to ensure that NCC does not fetter its discretion Some useful definitions Resident children Must be in receipt of Child Benefit or child must have just moved in/been placed Pregnancy Must be a household member and live at the application address The expectant mother should usually be within 10 weeks of the Expected Week of Confinement and have a MATB1 certificate before the award of baby items is considered. Baby items are not generally awarded if entitled to a Sure Start Maternity Grant.

5 Health issues/disabilities/chronic illness Expect ESA and/or DLA/PIP to be in payment Mental health issues Leaving care or an institution Care home, prison, hospital, hostel, supported accommodation Planned resettlement scheme? Leaving hostels, care homes, prison, supported accommodation etc, or being rehoused through LA homeless teams. May also include downsizing because of under-occupancy ( bedroom tax ). Stolen money Will need to supply the crime reference. Current Scoring system - Eligibility Scoring (needs 275+) In receipt of means tested benefit? 100 Made a new claim for an income based benefit? -500 ESA stopped because they failed to attend a medical? -100 Appealing an ESA decision because they failed a medical? -100 JSA been sanctioned? -250 Receiving HB/UC and/or CTS? 10 Resident children? 150 Applicant or household member pregnant? 150 Applicant or household member has a disability? 125 Applicant or household member has a chronic illness or mental health issue? 125 Applicant or partner has debts? 5 Applicant or household member has any savings or capital? -250 Planned resettlement? 170 Leaving a care home, hospital or prison? 100 Leaving a hostel? 70 Experienced domestic abuse within the last 6 months? 70

6 Current Scoring system - Application Scoring (needs 320+) Applicant or a household member expecting a baby? 150 Resident children? 150 Receiving an allowable benefit? 100 IS, JSA, ESA, Incap or UC (HB and/or CTS will be considered*) Access to savings or investments? -250 Outstanding debts? 5 Applicant or a household member suffers any health issues? 150 Leaving care or an institution? 50 Enable them to remain in their home or community? 50 Family experiencing exceptional pressure? 70 Family must be at least 2 people. Affected by a disaster or emergency? 50 Has there been domestic violence? 50 Planned resettlement scheme? 170 Lost or spent their money or had it stolen? 10 Was it lost or stolen? 50 NOTE - The point scoring system is reviewed regularly to ensure that the Scheme is assisting those it is intended to assist. Local Assistance The future There is currently no intention for the DWP to continue funding Local Assistance Schemes beyond the current financial year. A letter from Steve Webb to Local Authority Chief Execs dated 27 January 2014 states the following: As you know, this will be the last year of separate funding from the the Department for Work & Pensions. In line with our localism agenda, the Government will continue to provide support to local authorities through general funds as part of the Government s commitment to reducing ring-fencing and ending top-down Whitehall control Whilst we do not intend to withhold money [from the allocated budget for the financial year]..if evidence comes to light that the money is not being spent we will have to revisit that decision during the course of the year. Possible options The Scheme continues in its current form funded by the Local Authority The current under spend from the Scheme is used to maintain the Scheme until the money has been used at which point the Council will have to make a decision on whether it continues

7 The under spend is used to continue a new smaller scheme for a longer period of time The under spend is used to continue a new smaller scheme and the LA finds additional money to continue this once the money has been used The under spend is used to fund other services