M on Factsheet e y A dv E4 i c e Extra money from the social fund U ni Make Every Count t The information and benefit rates in this leaflet are correct at April 2009 01438 737555 www.hertsdirect.org/benefits
WHAT IS THE SOCIAL FUND? The social fund pays grants and loans to people on benefit. The payments are made towards one-off expenses that may be difficult to meet from benefit income. There are two parts to the social fund: the discretionary fund and the regulated fund. The discretionary social fund Payments from the discretionary social fund come from a fixed local budget. No-one has an automatic right to payments from this fund. Payments are made on a discretionary basis to those thought to be most in need. Payments can be in the form of a grant or a loan. The payments made from this fund are: community care grants budgeting loans crisis loans The regulated social fund Payments from the regulated social fund are made to everyone who fits specified rules the budget is unlimited. All payments are grants and do not have to be repaid. The payments made from this fund are: sure start maternity grants funeral grants cold weather payments winter fuel payments THE DISCRETIONARY SOCIAL FUND Community care grants What are community care grants? Community care grants help with one-off items, such as beds, bedding, heaters, clothes, travel costs etc. You do not have to repay the grant. Who can apply? You can apply for a grant if you get pension credit, income support, income-based jobseeker s allowance or income-related employment and support allowance, or you do not Page 2 of 14 Issue 11
qualify for one of these benefits now but are likely to do so within 6 weeks of leaving hospital, residential care, prison or similar accommodation. The size of the community care grant that you get is reduced by any savings you have over 500 (or 1,000 if you or your partner is aged 60 or over). The grant must be either: to help you, a member of your family or someone who is coming to live with you, to establish yourself in the community after being in institutional or residential care. For example, on leaving a residential care home, hospital or prison, you can claim for items you need to set up home or that will help you settle into the community; or to help you, a member of your family or someone who lives with you, to stay in the community instead of going into institutional or residential care. You do not have to be at immediate risk of going into care. You can get a grant if, for example, you can show that the items you need would help you to live independently and reduce the chances of you going into care or hospital; or to help you move into permanent accommodation as part of a planned resettlement programme following an unsettled way of life. For example, you may be moving from a hostel for homeless people to somewhere more permanent; or to ease exceptional pressures on your family. You might get a grant if you can show that your family is under greater stress than usual. For example, you may be under stress due to a relationship breakdown or having to care for a disabled or difficult child; or to allow you, or your partner, to care for a prisoner or young offender on home leave; or to help you, or someone in your family, with travel expenses within the UK. You can apply if you are: visiting someone who is ill; attending a relative s funeral; easing a domestic crisis; visiting a child who is living with the other parent pending a court decision; moving to accommodation that is more suitable for your needs. Travel expenses are usually worked out using the cost of public transport. However, you can get the cost of petrol or a taxi if, for example, you cannot use public transport because of a disability. If the move is to more suitable accommodation for your needs the costs can include removal costs for your possessions and furniture. Who has priority? Grants are made from a fixed yearly budget. Only those people who are thought to be most in need will usually get a grant. Page 3 of 14 Issue 11
To show that you are a high priority claimant, you need to demonstrate the following to jobcentre plus: Firstly your claim for a community care grant should show clearly how you come within one of the groups outlined above. Secondly you should explain how the item will help have an impact on your circumstances and in particular how the item connects with the aims of one of the above groups. For example if you need a cooker and are a family under exceptional pressure you should detail all the pressures upon your family. This can include any medical, financial, psychological, relationship or environmental problems that may have arisen. You should then demonstrate how the cooker will ease your situation. It will help your claim if you can get information from a 3 rd party; for example, a letter of support from your doctor or social worker. Items that you cannot get a grant for There is a list of things that you can never get a grant for. The list includes: any need which occurs outside the U.K; items for education or training, e.g., school uniform, sports clothes; school meals and travel expenses to and from school; a medical, surgical, optical, aural or dental item or service, including domestic help; work-related expenses, e.g. protective clothing, or tools; debts to government departments; legal expenses; telephone and fuel costs; most housing costs including major repairs or improvements, water rates or council tax Items you can apply for You can apply for anything that is not on the above list. Amongst the things most commonly applied for are: removal expenses and storage charges when moving house; furniture and household equipment, e.g. beds, tables, chairs, carpets, cookers, heaters, refrigerators and washing machines (including connection charges); clothing, shoes and bedding; minor repairs to the home or security items. Repeat applications If you are refused a grant, you cannot re-apply for a grant for the same item or expenses within 28 days of your first claim unless your circumstances have changed. Page 4 of 14 Issue 11
How much will I get? There is no maximum grant. There is a minimum grant of 30, unless the grant is for travelling expenses when there is no minimum award. How to apply To make an application, telephone 0845 850 0032. If you live outside of Hertfordshire contact your nearest jobcentre plus office. What if I am refused? You can ask the social fund officer to revise their decision not to make an award - see page 13. You may be able to apply for a budgeting loan or crisis loan. Budgeting loans What are budgeting loans? Budgeting loans are interest-free loans from the social fund. They must be repaid. Always consider applying for a community care grant rather than a loan, as this does not have to be re-paid. Who can apply for budgeting loans? You can claim a budgeting loan if you or your partner: are getting pension credit, income support, income-based jobseeker s allowance, or income related employment and support allowance when the loan is made; and have been getting any of these benefits throughout the last 26 weeks; and are not involved in a trade dispute. The size of budgeting loan you get is reduced by the any savings you have over 1,000 (or 2,000 if you or your partner is aged 60 or over). How much do I get? The minimum you can get is 100. The maximum is 1,500. The social fund officer cannot offer you more than they think you can repay over a period of 104 weeks. The decision on how much you will receive is largely automated and in practice, depends on two factors; the weighting given to a claimant, i.e. whether you are single, a couple without children or a family with children and the baseline figure for a single person, set by the Government. Page 5 of 14 Issue 11
If you already have a crisis loan or budgeting loan that you are repaying, the amount of the loan offered to you will be reduced. How do I pay back the loan? Usually, loans are repaid by regular deductions from your income support, jobseeker s allowance or employment and support allowance, but they can be recovered from other benefits including incapacity benefit, carers allowance and retirement pension. A decision will be made as to how much you can afford to pay back out of your benefit taking into account other commitments including any existing loans. Usually, they will deduct either 5%, 10% or 12% of your weekly benefit. If you agree, they can deduct a maximum of 20% of your weekly benefit. If you have difficulty repaying a loan you can ask the social fund officer to look again at the rate at which you are repaying it. They may agree to lower the weekly rate of repayment if, for instance, your financial situation has changed and, as a result, you might suffer hardship. Repeat applications You can apply for another budgeting loan at any time. What if I am refused? You can ask for the decision to be reviewed see page 13. You may be able to apply for a community care grant or crisis loan. How do I apply? To make an application, telephone 0845 850 0032. If you live outside of Hertfordshire contact your nearest jobcentre plus office. Crisis loans You can get a crisis loan if you are aged 16 or over and you need money in an emergency. Who can apply? You do NOT have to be getting any benefits to apply for a crisis loan - but you do have to show that you will be able to pay back the loan in the future. To apply, you must: be 16 or over; and not be excluded from applying (see below); and Page 6 of 14 Issue 11
not have enough money or resources to meet your immediate short-term needs because of an emergency or disaster; and be able to repay the loan. Who can t apply? Some people can t apply for a crisis loan, for example: prisoners and people lawfully detained, including those released on temporary licence (but not those released on parole or on bail pending a court hearing); members of religious orders who are fully maintained by the order; most full-time students People who have any restriction on their right to remain within the UK can claim a crisis loan only if the expense arises from a disaster. This means that they cannot claim a crisis loan for emergency expenses for example if they have run out of money. Otherwise it is always worth making a claim. If in doubt, seek advice. Resources To get a crisis loan you must have insufficient money available to you to meet your needs. You may be asked whether you can get the money from another source. You should only be referred to another source if there is a good chance that your request for money will be successful. Amongst the sources of income they may consider are: earnings, including whether your employer will give you an advance; friends and relatives; other benefits, except housing benefit or the mobility part of disability living allowance; whether you can obtain credit; savings in a bank or building society that you can withdraw immediately. What can I get a crisis loan for? You can claim for any expense that arises from a disaster or emergency that is not an excluded item. Amongst the most common claims are: expenses arising from fire or flood damage; emergency travel expense; living expenses following loss of money - for example, your purse or wallet is stolen. living expenses whilst waiting for benefit, wages or other income - for example, if you have just started work and your wages are paid in arrears; reconnection charges for fuel; rent in advance if the landlord is a private one. Page 7 of 14 Issue 11
These are examples - if you or a family member s health or safety is at risk or may be damaged, you should seek further advice and apply for a crisis loan. What can t I get a crisis loan for? There is a list of expenses that you can never get a crisis loan to cover. The list includes most of the items that community care grants cannot be paid for (see page 4). It also includes: deposits for rented accommodation telephone purchase, installation, call and rental charges water rates mobility needs holidays cost of TV or radio, TV licence, aerial, TV rental garaging or parking How do I apply? To make an application, telephone 0800 169 5198. If you live outside of Hertfordshire contact your nearest jobcentre plus office. You should get a decision on your application the same day. Sometimes, staff at the jobcentre plus office will tell you that you cannot get a crisis loan in your situation and that there is little point in applying. You should insist on filling in an application form and getting a written decision on your claim. How much can I borrow? There is no minimum crisis loan. There is a general legal maximum of 1,500 less any outstanding social fund loans. How do I pay back the loan? The rules are similar to budgeting loans. Most loans must be repaid over 104 weeks by weekly deductions from most benefits. What if I am refused? You can ask the social fund officer to look again at the decision not to make an award - see page 13. Page 8 of 14 Issue 11
THE REGULATED SOCIAL FUND Sure start maternity grant The sure start maternity grant is a one-off payment to help with expenses arising from the birth of a child. The payment is a grant, so you do not have to pay it back. Who can apply? you or your partner must either be getting one of the following benefits on the day you claim or, if you are waiting for a decision on one of these benefits, be awarded it for the day on which your maternity grant application is made: income support, or income-based jobseeker s allowance, or working tax credit which has a disability or severe disability element in it or child tax credit paying you more than the family element (more than 547.50 or 1095. if you have a child under one) or pension credit or income related employment and support allowance and you are pregnant or have given birth within the last 3 months or you are adopting a child under 12 months old and you can show proof that you have taken advice on the health and welfare needs of the new baby, or you have taken advice on maternal health from either a doctor, midwife, or health visitor The amount of any capital or savings you have will not affect your application. When can I apply? You can apply for a sure start maternity grant from 11 weeks before the week in which the baby is expected and up until 3 months after the baby is born (or 3 months after the date of the Adoption Order). There is no provision for backdating outside these time limits. How much will I get? The sure start maternity grant is 500 for each child, so if you have twins you will receive double. How do I apply? To make an application telephone 0845 850 0032. If you live outside of Hertfordshire contact your nearest jobcentre plus. If you claim before the baby is born, you need a Maternity Page 9 of 14 Issue 11
Certificate, form MAT B1, from your doctor or midwife, or similar evidence that you are pregnant. If you claim after the baby is born, you will need a birth or adoption certificate. Cold weather payments Cold weather payments help pay for heating costs when the weather is very cold. Will I get a payment? You will get a cold weather payment automatically if: your home is in an area where a period of cold weather has been forecast or recorded. This is when the average temperature has been at or below 0ºC for 7 consecutive days; and you were entitled to income support, income-based jobseeker s allowance, incomerelated employment and support allowance or pension credit for at least one day during the period of cold weather and you are not living in a care home; and you are responsible for a child under 5 or get one of the following premiums in your income support, income-related employment and support allowance, income-based jobseeker s allowance; disability, severe disability, disabled child, pensioner or higher pensioner; or get child tax credit which includes a disability or severe disability element. How much will I get? You will get 25.00 for each week of cold weather. Winter fuel payments Will I get a winter fuel payment? Most people aged 60-79 will get a winter fuel payment of 250, or 400 if you are aged 80 or over. On what date do I need to be 60 to get the payment? Anyone aged 60 or over in any day of the week beginning on the 3 rd Monday in September (the qualifying week ) should get the winter fuel payment. What about the over 80 s? Anyone who was 80 or over in any day of the week beginning on the 3 rd Monday in September (the qualifying week ) should get the additional payment Page 10 of 14 Issue 11
How will I get my payment? You should automatically receive a payment without having to make a claim if you are getting state retirement pension or another social security benefit. Otherwise you should make a claim by telephoning the Winter Fuel Payments Helpline: 08459 151515. (Textphone 08456 015613) or download a claim form at www.thepensionservice.gov.uk/winterfuel Funeral payments Funeral payments are grants that are given to help pay for a funeral. You do not have to pay them back. Will I get a payment? You or your partner must either be getting one of the following benefits on the day you claim or, if you are waiting for a decision on one of these benefits, it must be awarded for the day on which your funeral grant application is made: income support, pension credit, income-based jobseeker s allowance, income related employment and support allowance housing benefit, council tax benefit, working tax credit which includes a disability or severe disability element, or child tax credit paying you more than the family element ( 547.50 or 1095 if you have a child under one). You must also meet the following rules: the deceased was ordinarily resident in the UK when they died; the funeral must take place in the UK - in certain circumstances this can include somewhere in the European Economic Area (EEA) seek further advice if you think this applies to you; you must claim within 3 months of the funeral; you must accept responsibility for the cost of the funeral and the social fund officer must accept you as responsible for the funeral. If the deceased or the person who has to pay for the funeral is a worker (or member of a worker s family) from a European Economic Area state, different rules apply. A grant can be claimed for the cost of a funeral, which takes place outside the UK. However, the cost of transporting the body cannot be claimed and the normal limits on costs apply (see below). You can be treated as responsible for the funeral if: you were the deceased s partner; or Page 11 of 14 Issue 11
the deceased had no partner and you or your partner were their immediate family member, close relative or close friend; and it is reasonable for you to take responsibility for the funeral. Immediate family member is a parent, son or daughter. Close relative is a parent-in-law, step-parent, son-in-law, stepson, stepson-in-law, daughter-in-law, stepdaughter, stepdaughter-in-law, brother, brother-in-law, sister or sister-in-law. Unless you were the deceased s partner, you won t be treated as responsible for the funeral if: there is an immediate family member who was in contact with the deceased before the death and who does not get a qualifying benefit; or there is a close relative who is not getting a qualifying benefit and who was in closer contact with the deceased than you were before the death. If you are an immediate family member of the deceased, you will not receive a funeral grant if there is another immediate family member who was in equally close contact with the deceased and who does not receive a qualifying benefit. That family member will be expected to pay for the funeral. If you disagree with the decision about who should be responsible for the funeral costs you can appeal. What does the payment cover? A funeral grant can cover the following: a maximum of 700 towards the cost of the funeral director s fees, religious costs, flowers etc; or 120 if the funeral has been partly paid for by a pre-paid funeral plan or similar arrangement; and for burials, the costs of the plot and burial fees (including private contractors fees) or for cremations, the fees charged by the crematorium; and the costs of any medical fees or certificates associated with the funeral; and any doctor s fee for the removal of a heart pacemaker; or up to 20 if removed by someone other than a doctor; and the cost of any documents required to obtain access to the deceased s assets; and where it has been necessary to transport the deceased within the UK, any transportation costs over 50 miles; and the cost of one return journey within the UK, for you as the responsible person to either arrange or attend the funeral. The following will all be deducted from the grant: any assets which are available without probate or letters of administration having been granted; any lump sum legally due because of the death, e.g. from an insurance policy or occupational pension scheme; any contributions towards the funeral costs, from charities or relatives; any funeral grant paid by the Government to a war disablement pensioner; Page 12 of 14 Issue 11
any amount payable from a pre-paid funeral plan or similar arrangement The amount of capital or savings you or your partner have is no longer relevant. The social fund officer can ask for repayment of the grant from the deceased s estate. Personal possessions left to relatives and the value of a house occupied by the deceased s partner will not count as part of the estate. How do I claim? To make an application, telephone 0800 169 5198. If you live outside of Hertfordshire contact your nearest jobcentre plus office. You should get a decision on your application the same day. Refused Payment? The regulated social fund If you have been refused a payment from the regulated social fund you can challenge the decision. You can ask them to look at the decision again or you can appeal to a tribunal. You must do this within one month of the date on the letter informing you of the decision. If you need help to do this, seek further advice from your local Citizens Advice Bureau. The discretionary social fund If you have been refused a payment from the discretionary social fund, or you are not happy with the amount you have been awarded, you cannot appeal to a tribunal. You can however ask for a review of the decision. You must do this within 28 days of the date on the letter informing you of the decision. If you disagree with a review decision you have a further 28 days in which to request a second review by a social fund inspector based in the Independent Review Service (IRS) in Birmingham. The second review application must be made direct to the Independent Review Service (IRS) and not the jobcentre plus office that made the original decision. To apply for an independent review you need to either complete the tear off portion of leaflet IRS1 (available from jobcentre plus offices) or write a letter and send it to: The Independent Review Service, FREEPOST, 4 th floor, Centre City Podium, 5 Hill Street, Birmingham, B5 4UB. You do not need a stamp. Their telephone number is 0800 096 1928 If you need help to do this, seek further advice from the Citizens Advice Bureau. For details about your local Citizens Advice Bureau contact the Customer Services Centre at Hertfordshire County Council (HCC) on 01438 737555 or 01923 471400 if you are calling from an 01923 or 0208 number. You can also access more information from www.hertfordshirecab.org.uk Page 13 of 14 Issue 11
For legal help and information and details of other advice agencies in Hertfordshire, contact the Community Legal Advice helpline on 0845 3454345 Mon - Fri 9 am - 6.30 pm (8pm from July 09) /Sat 9am -12.30pm or visit the website at Twww.communitylegaladvice.org.uk This information is for guidance only and is not an authoritative statement of the law PRODUCED BY THE MONEY ADVICE UNIT Page 14 of 14 Issue 11