Stoke-on-Trent City Council Local Welfare Provision Operating Guidelines
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Stoke-on-Trent City Council Local Welfare Provision Operating Guidelines
1. Purpose The purpose of this document is to outline how Stoke-on-Trent City Council will operate a ‘Local Welfare Provision’ scheme. The document will specify the criteria used to determine an award, the assistance offered and the items/services both included and excluded. A holistic assessment will be carried out on each case and all applications will be viewed on their own merits. All applicants will receive equal and fair treatment to take account of the Council’s responsibilities under all relevant legislation, including the Human Rights Act (1998) and Equality Act (2010). Stoke-on-Trent City Council is committed to working with the local community and voluntary organisations to facilitate the implementation of this scheme. 2. Considerations for an award 2.1.1 This scheme will consider two categories of need: Crisis Support Community Planned Support 2.1.2 Stoke-on-Trent City Council will consider making an award to applicants who meet the criteria set out in this document. This is a discretionary scheme and applicants do not have an automatic right to an award. 2.1.3 No cash awards will be made. No repayment of support is required. 2.1.4 Each applicant will be restricted to no more than 3 crisis support awards within a rolling 12 month period, commencing from the date of the first application within that specific period. If the customer is applying for a medium value item, such as clothing, or travel, they will be restricted to 2 awards within that 12 month period. If the customer is applying for a high value item, such as a fridge/freezer they will be restricted to 1 award within that 12 month period. 2.1.5 Each applicant will be restricted to no more than 2 awards of Community planned support within a rolling twelve month period. 2.1.6 A decision for an award may be conditional upon the applicant agreeing or meeting certain requirements to prevent the risks associated with the crisis or care needs reoccurring. For example, if a customer presents with a drug or alcohol addiction, the applicant will be required to seek treatment or attend appointments with relevant support agencies or specialist health workers. 2.1.7 If the customer is in receipt of Housing Benefit and is suffering from exceptional financial hardship as a direct result of housing costs, the application may instead be treated in accordance with the Council’s Discretionary Housing Payment Policy. 2.1.8 If the customer is suffering from exceptional financial hardship as a direct result of their council tax liability, the application may instead be treated in accordance with the Council Tax Hardship Relief Fund Policy.
3. Crisis Support 3.1.1 Crisis Support awards cover situations where a household has insufficient resources to meet an urgent need that poses an immediate and substantial risk to their health, safety and wellbeing. 3.1.2 A crisis refers to an urgent need as a consequence of an emergency disaster, unforeseen circumstance or a pressing need that is greater than the pressures generally associated with managing on a low income. A crisis could, for example, cover the following risks: Resulting from, or to prevent, exceptional pressure or disaster such as fire or flood No access to essential items Imminent risk of children being taken into care Unexpected death of an immediate family member Domestic abuse, neglect and harm Imminent risk of homelessness 3.1.3 What will not be considered as a crisis may include: Minor damage or mishap including the failure of a household item; Lost or spent money, Inability to access savings or capital; 3.1.4 In determining the nature and complexity of a crisis, we will consider: Circumstances that place the household/immediate family members under greater pressure than might normally be associated with managing on a low income. It does not matter whether it is a single major pressure or the cumulative effect of a number of less significant pressures, which may not be exceptional if taken individually. It is the overall impact on the household’s circumstances that will be assessed. The individual’s/household’s resources and skills for coping with the crisis The point at which the crisis occurred and the date the application was received. 3.1.5 We will also take into account whether the urgent need: Can be met by other sources either in part or in full; Would be resolved with immediate support; Is the result of an act of omission for which the applicant or partner is responsible; Was unavoidable 3.1.6 If the crisis has resulted from a number of different factors such as deteriorating health, drug and alcohol problems, unemployment etc. we will review whether the applicant: Is in receipt of agency support and; Whether this support will prevent the crisis from re-occurring. 3.2 Claiming an award 3.2.1 To be considered as eligible for an award, applicants must satisfy ALL of the following core eligibility criteria:
Be aged over 16; Have a legal recourse to public funds; Be a resident of Stoke-on-Trent; and Be without sufficient resources to meet an urgent need that poses a serious risk to the health and safety of the applicant or their immediate family members. 3.2.2 Applicants will be required to provide proof of identification during the decision making process – see appendix C. 3.3 Exclusions 3.3.1 The following people are excluded for support in all circumstances: A person in hospital or care home (independent or Local Authority), unless their discharge is planned to take place imminently A person with no recourse to public funds in the U.K subject to the Immigration and Asylum Act. A person or immediate family member that has received 3 awards within a rolling 12 month period, commencing from the date their last application was received. Exemptions may be granted in exceptional circumstances. In such cases, the applicant may be required to attend an interview. Prisoners and people lawfully detained, including those released on parole or on bail pending a court hearing. Members of a religious order who are fully maintained by the order. 3.4 Payable items 3.4.1 Crisis support is only payable for the following items: Living expenses (food, clothing) Travel expenses (e.g. when the customer is stranded away from home) Repaying emergency credit on pre-payment fuel meters 3.4.2 There will be no cash awards 3.5 Household resources 3.5.1 A decision maker will consider whether an applicant, partner or immediate family member has sufficient capital resources to meet their needs. For the purposes of this scheme, resources refer to: savings in cash, money in bank accounts, saving schemes, premium bonds, stocks, shares and investments in property or land 3.5.2 The decision maker will take into account current possession of essential household resources such as food, clothing in their assessment of need. 3.5.3 The decision maker will also take into account any existing provision of support, either by a support agency or family network. 3.6 DWP Budgeting loans and Short term advances 3.6.1 Out of work benefit claimants should contact the Department for Work and Pensions for a Short term Benefit Advance if they require a cash advance or are
awaiting their first benefit payment. They should also contact the Department for Work and Pensions for a budgeting loan where they have lost or spent money. 3.7 Method of the award 3.7.1 An award could be in the form of: A food parcel A pre-paid voucher, which the applicant can use to purchase the agreed items/goods A purchase order being raised for the agreed item/service on behalf of the applicant by Stoke-on-Trent City Council The use of a third party to purchase the agreed item or service on behalf of Stoke-on-Trent City Council for the applicant. 3.7.2 No cash awards will be made 3.7.3 Depending on applicants’ circumstances, awards may be made to: The applicant Their partner or immediate family member acting as an appointee An advocate service or statutory authority acting on behalf of the applicant. 3.7.4 Arrangements through third parties may be sought where the applicant has an illness or disability that impairs their ability to make a transaction or receive delivery of an agreed item/service. 3.7.5 Proof of identity will be required (see appendix C) when collecting or receiving goods/items. 4. Community Planned Support 4.1.1 Community planned support is to help vulnerable people live independent lives to remain, and settle, in the community. 4.1.2 An application may be made in the following circumstances: As part of a planned programme of resettlement support To help the customer to remain in the community To help the customer to set up home in the community To support a customer leaving an institution. An institution may include hostels or short term supported accommodation, hospital, chronic care facilities, refuges, prisons or a residential care home. To help to maintain family independence 4.1.3 To qualify for an award the customer must be in receipt of an income related state benefit and/or child tax credits, or in the case of planned resettlement, has made a claim for one of these benefits. Income Support Income related Employment and Support Allowance Income based Jobseekers Allowance Pension Credit Child Tax Credits
4.1.4 Under certain circumstances, we will not preclude applications from people who are ‘in work’ but have insufficient resources to meet a care need arising from an exceptional pressure. 4.1.5 The applicant must demonstrate that the need cannot be met by another source, and the award will have a substantial and immediate effect on improving their circumstances. 4.1.6 The applicant will be required to supply information about their circumstances and care needs. If necessary, applicants may be advised to seek assistance from statutory health and social care agencies, as well as community and voluntary organisations for the purpose of collating and verifying information. 4.1.7 It may be necessary to liaise with other local agencies to avoid duplication of work to be carried out under statutory obligation. 4.1.8 When considering an award for Community Planned Support, full regard to the circumstances of each applicant will be given. See appendix A. 4.2 Help for people as part of a programme of resettlement support 4.2.1 This award is intended to help people to establish a settled way of life following a period of continuous instability 4.2.2 An award is dependent on the application forming part of a planned resettlement programme. This programme must include Help to set up a new home or secure stable accommodation Activities/actions designed to help the applicant settle in the community 4.2.3 If the requested item(s)/service(s) are for the purpose of setting up a new home, the home need not be permanent, for example a customer moving into a refuge that will eventually lead to a settled way of life. 4.2.4 A resettlement plan must include a programme of actions. This may include support with employment and budgeting, and help to address health and behavioural problems that may have caused an unsettled way of life. The support must go beyond accommodation needs (i.e. setting up a new home), and must be specific to the individual. It should also include active engagement by the applicant and, where appropriate, a multi-agency approach. 4.2.5 To determine whether an applicant has an unsettled way of life, a range of circumstances will be considered, in particular: When the applicant last lived in settled accommodation The different places they have stayed The types of accommodation involved The periods spent in each place The reason for leaving Factors causing an unsettled way of life 4.2.6 If the unsettled way of life is a consequence of an act or omission to which the customer is responsible for, or could have taken steps to avoid, an award will not be made, unless there are exceptional circumstances for doing so. 4.2.7 An unsettled way of life may refer to the following situations: A rough sleeper A person using a night shelter, temporary accommodation or a hostel over a prolonged period of time
Victims of domestic abuse seeking refuge This list is not exhaustive, each case will be considered on its own merits. Not all residents of the above accommodation will be deemed to be without a settled way of life. 4.2.8 Applicants moving into care settings such as residential homes cannot claim 4.2.9 Awards will not be made retrospectively to cover costs already incurred in setting up a home. 4.2.10 In determining whether a home has already been established, the decision maker will consider: How long the applicant has been living in the property The furniture and equipment they already have How they are managing without the items they lack 4.3 Help for people to remain in the community 4.3.1 This is designed to support someone to live independently rather than go into institutional or residential accommodation, such as a care home, hospital, rehabilitation unit or local authority care. 4.3.2 Prisoners or young offenders will not qualify under this criteria 4.3.3 The risk of the person being taken into care has to be substantial and supported by evidence verified by a statutory authority, lead social care professional or health practitioner. This evidence must substantiate that the threat of care is imminent and that the service being requested would directly address this risk. 4.3.4 The person concerned should require a significant and substantial amount of care or supervision because they: Cannot adequately look after themselves or others Would be a danger to themselves or others Are at risk of harm or abuse In order to verify a care need, we will seek information from professional agencies working within a health or social care role. 4.3.5 In considering applications we will liaise with health and social care agencies to assess: If the applicant requires a significant and substantial amount of care Whether the items applied for will address their care needs and help to reduce the risk of the applicant going into care Whether broader support is in place to prevent the person from entering care. The extent to which their current or planned accommodation is not suited to their needs and represents a risk to their health and safety Any other support provided The level, length and frequency of this support in relation to the person’s health and on-going needs. Whether planned support will prevent homelessness, exploitation or harm 4.3.6 If the customer is suffering from a deteriorating medical condition that will inevitably lead them to go into care, community planned support will not meet their short term need.
4.4 Help for people leaving care to establish themselves in the community 4.4.1 Care refers to institutional or residential accommodation in which the person concerned has received care. This could include: Hospitals Local authority care Residential care homes Chronic care facilities The person leaving care should require a significant and substantial amount of care or supervision because they: Cannot adequately look after themselves or other; or They would be a danger to themselves or others The applicant will be required to provide verification of this. 4.4.2 Care awards can be claimed up to 6 weeks in advance of the customer leaving one of the above institutions or residential accommodations. 4.4.3 The decision maker will liaise with health care practitioners and statutory agencies to ascertain if the care planned will match the person’s health needs and that the items requested will also address these needs. 4.4.4 In the case of children and young people leaving care, we will liaise with health and social care agencies to ensure that they are able to establish themselves safely and securely in the community to prevent the risk of homelessness, exploitation and harm. Awards may be granted for children and young people who; have left care in the last 12 months; or are in the process of setting up a new home, if age appropriate. 4.4.5 Applicants will be required to demonstrate what other broader support will be in place to help them to: Make the immediate transition from care to the community Remain in the community and not return to care 4.4.6 Planned care should match the immediate and on-going needs of the individual; verified by a senior health care practitioner or a statutory authority, such as a GP, specialist physician, psychiatrist, family nurse or social services. 4.4.7 We will assess whether broader community care is planned, such as assistance from support workers and informal care givers. In doing so, we will evaluate, based on the advice given by lead professionals, whether the nominated care givers are reliable, responsible and appropriately matched to the person’s care needs, especially if a child or young person is re-joining the household after a period in care. 4.4.8 Each application will be assessed on its own merits in the context of the individuals: symptoms; level of functioning; finances; family and community resources. 4.4.9 If the customer is suffering from a deteriorating medical condition that will inevitably lead them to go into care, community planned support will not meet their short term need.
4.5 Help with maintaining family independence 4.5.1 Community Planned Support may be awarded to ease exceptional pressures on a family that are beyond what might normally be experienced by families on a low income 4.5.2 The decision maker will consider the degree of this pressure in terms of its effect on the individual family as well as the type of pressure or how common it is. 4.5.3 The applicant must be in receipt of designated support as part of a planned programme. 4.5.4 "Exceptional pressure" covers a wide range of personal circumstances. It may be the result of acute domestic difficulties which can be described as specific to the family, such as: the breakdown of a relationship (especially where domestic violence is involved); or the onset of, or deterioration in, a disability of a member of the family 4.5.5 It may also consist of: a house fire; or a natural disaster such as flooding; or where a disaster has resulted in the evacuation of all or part of a community to a different area, which may also include evacuation to the UK from overseas 4.5.6 The specific circumstances giving rise to a need will be considered when deciding the priority of an application. A higher priority may be given to a new type of expense which has arisen as a direct result of special circumstances, particularly if these were unforeseeable. For example: a mother with young children needs household items following the violent breakdown of a relationship; or the sudden deterioration in the condition of a disabled child justifies an award for a washing-machine; or a family is experiencing hardship as the result of a localised disaster and urgently needs the replacement of essential household items damaged or destroyed as a result of this disaster 4.5.7 In order to verify a care need, we will seek information from professional agencies working within a health or social care role. 4.6 Method of award 4.6.1 Community planned support will be awarded in the form of: Furniture White goods Connection charges 4.6.2 There will be no cash awards 4.6.3 The value of the award will be discretionary. Awards exceeding £650.00 may require additional supporting evidence of need, the exact nature of which will depend on the items being requested. 4.6.4 Depending on applicants’ circumstances, awards may be made to: The applicant Their partner or immediate family member acting as an appointee
An advocate service or statutory authority acting on behalf of the applicant. 4.6.5 Arrangements through third parties may be sought where the applicant has an illness or disability that impairs their ability to make a transaction or receive delivery of an agreed item/service. 4.6.6 Proof of identity will be required (see appendix D) when collecting or receiving goods/items. 5. Claiming an award 5.1.1 To be considered as eligible for an award, applicants must satisfy ALL of the following core eligibility criteria: Be aged over 16 Be a resident of Stoke-on-Trent Be without sufficient resources to meet an urgent need that poses a serious risk to the health and safety of the applicant or their immediate family members. 5.1.2 Applications for Community planned Support will be unsuccessful where financial assistance is available elsewhere – see appendix B. 6. How to apply 6.1.1 An application can be submitted via: Telephone on 01782 238888 Post to – Benefit Services, Swann House, Boothen Road, Stoke, Stoke- on-Trent, ST4 4RY. Email – SocialFundTeam@stoke.gov.uk In person at Bentilee Neighbourhood Centre, Norton One Stop Shop, Stoke Local Service Centre, Burslem One Stop Shop and at Tunstall Local Centre A referral from an advocate, agency or statutory authority acting on the applicants behalf 6.1.2 The council will consider applications submitted by service providers, who on behalf of individuals, routinely provide support and guidance for their clients. Such applications must be made with the individual’s explicit consent. Providers could include, but are not restricted to: Citizens Advice Bureau, Health and Social Care providers and other advocacy support agencies. 6.1.3 If necessary, applicants may be advised to seek assistance from statutory and advocacy agencies for the purpose of compiling and verifying information. 6.1.4 In the case of an out of hours emergency the customer should contact the Emergency Duty Team on 01782 234234. This includes circumstances where: a child is at risk of abuse, harm or neglect, an adult is at risk of abuse, harm or danger to themselves, the customer is homeless or at risk of becoming homeless 6.1.5 If the customer is a council tenant and needs to report emergency repairs or housing problems, they should contact 01782 234234.
7. Decision making process 7.1.1 A decision maker will consider various means of gathering information in order to reach a decision on an application. This will include, but is not restricted to, the following methods: Telephone contact – We may contact the customer to verify information provided; clarify details of the crisis or care need; review factors that have caused an immediate need; discuss other support already received and available. Interview – If the customer requires significant, on-going support, an interview may be carried out so that a holistic assessment can be carried out. Liaison with third sector agencies and statutory authorities – We will seek to verify the substantial and imminent risks to the applicant’s overall health and safety and that of any immediate family members. We will clarify whether the service or items applied for will address this need and establish any on-going support required and provided in order to prevent further crisis’ of a similar nature. Home visit – this may be necessary when the decision maker requires additional information and the applicant has complex needs and an assessment needs to be carried out to determine the actual level of risk; or the applicant has physical or mental impairments and requires assistance in making an application. An applicant may be granted opportunity to correct errors or supply additional information if it is deemed reasonable to do so. Should further information be required, this may be requested in writing, by telephone, by email, or via agencies acting on behalf of the customer. 7.1.2 The operation of the scheme is at the council’s discretion and there is no automatic entitlement to an award. A decision maker may reject an application on the basis: The applicant has received more than the specified number of awards within a rolling 12 month period and is unable to satisfy the decision maker that there were exceptional circumstances for this. Insufficient information is provided to verify the applicant’s need, circumstances and eligibility It is deemed that the application is not genuine 7.1.3 In determining an application a decision maker may conclude: An application be rejected A partial award is granted An award is made in full for the items requested Where the customers circumstances satisfy the criteria for an award but the items or services requested will not address that immediate risk to health and safety, the decision maker may exercise discretion to recommend alternative items, services and relevant agencies. To access alternative streams of funding where more appropriate, such as Discretionary Housing Payments.
7.1.4 Stoke-on-Trent City Council may reject an application at any stage of the application process. 8. Notification 8.1.1 Applicants will be notified of their decision either in writing or via the telephone. The reasons for the decision and will be explained and the customer will be advised of alternative support available where appropriate 8.1.2 Should an applicant be unsuccessful, they can ask for their decision to be reviewed. 9. Disputes 9.1 The customer can request a review of any decision. 9.1.1 An applicant (or their appointee or agent) who disagrees with a decision can request a right to seek a review if they can demonstrate: A decision was made on a factual error that was through no fault of the applicant An oversight on a significant piece of evidence New evidence has come emerged that was not available when the original application was submitted The applicant must provide the relevant details, and it is at the discretion of the council as to whether a review will take place. Such requests should be made in writing to: Benefit Services, Swann House, Boothen Road, Stoke, Stoke-on-Trent, ST4 4RY within one calendar month of the decision being issued. 9.1.2 If an applicant wishes to make a complaint about the nature in which their enquiry or application was dealt with, we will adhere to our corporate complaints policy. 10. Monitoring 10.1 To ensure transparency and consistency, there will be regular monitoring of applications and awards. Such monitoring will be undertaken with due regard to the council’s responsibilities under all relevant legislation. Steps will be taken to monitor the implementation of this policy to ensure that no one is subject to disproportionate treatment. The council will act with due regard to the need to: Remove or minimise disadvantages suffered by persons who share a relevant protected characteristic specified in the equalities act and other relevant legislation. Take steps to meet the needs of persons who share relevant protected characteristics that are different from the needs of persons who do not share it Foster good relations
11. Communication 11.1.1 We will publicise the scheme and work with all interested parties to achieve this. The scheme will be publicise on the Council’s website and the Council will ensure that key local agencies, front line staff, community and voluntary sector organisations are aware of how the scheme works. 11.1.2 All written correspondence should be sent to: Benefit Services, Stoke-on-Trent City Council, Swann House, Boothen Road, Stoke, Stoke-on-Trent, ST4 4RY
Appendix A Consideration for a Community Planned Support award Upon receipt of an application for community planned support, full regard to the customer’s circumstances will be given, including: Whether the applicant is leaving institutional care and will be discharged within the next 6 weeks. A person’s ability to cope with independent living as a result of physical and mental illness or disability. The presence of a chronic illness and the extent to which this illness causes an exceptional need. The breakdown of relationships perhaps involving domestic violence Experience of abuse and/or neglect. The length of any period of residential or institutional care. Periods of rough sleeping. Whether a move to temporary accommodation or a refuge will facilitate a more settled way of life in the future. Any support received from voluntary agencies in respect of financial advice. Whether the customer is a former member of the armed forces and is struggling to setup home in the community. Whether the customer is an ex-offender who is having difficulty finding accommodation. Whether the customer, or a household member is subject to Social Services intervention. Whether the customer is a registered carer. Whether the customer is a care leaver. Whether an award would prevent a move that would have detrimental effects on the customer and their household, for example children’s schooling, health, support networks or employment. Whether customers are entitled to other welfare benefits but are not currently claiming them. The presence of a wider support family support network and the ability of those family members to contribute financially to support the applicant. Whether the customer could reduce non-essential expenditure. Will the award help to keep the family together, assist in the safeguarding of a vulnerable adult or child, or support a young person in the transition into adult life. Any reasons that make in necessary, in the opinion of the decision maker, for the applicant to continue to reside in their current home. This list is not exhaustive and the operation of the scheme is at the council’s discretion. Full regard will be given to the applicant’s circumstances and a holistic assessment carried out to establish the needs of the applicant.
Appendix B Community Planned Support exclusions Applications for Community planned Support will be unsuccessful where financial assistance is available elsewhere. Awards will not be granted in respect of: A need arising outside the United Kingdom. Assistance for educational or training needs including, clothes, tools, school uniforms, sports clothing for school, travelling expenses to school. School meals taken during school holidays where children are entitled to free school meals. Legal expenses. Domestic assistance and respite care. Repairs to a council property A medical, surgical, optical or dental item or service Work related expenses including fares when seeking work and the cost of clothes Debts to other government departments Investments Holidays Housing costs in respect of: Council tax, mortgage payments, utility payments, water rates, council water charges, sewerage rates, service charges etc. Removal or storage charges if you are being rehoused as a result of a compulsory purchase order, or under a statutory duty to the homeless. A customer living at home with family Running costs for any motor vehicle except where the payment is being considered for emergency travel expenses. Any other expense or service that the Local Authority has a statutory duty to provide The decision maker will always consider the availability of other financial assistance available, and look to signpost the customer to access the appropriate stream of funding.
Appendix C Identification required The applicant must provide proof of identification before they can receive an award of crisis support. This will need to include at least 2 of the following documents: - 1 document from Section 1 - 1 document from Section 2 Or where the customer is unable to provide proof of identification, 3 documents including - 1 or 2 documents from Section 2 - 1 or 2 documents from Section 3 Section 1: Photograph A document displaying a recent and clear photograph of the claimant, this may include: Current valid (signed) full UK Passport; Current valid (signed) overseas Passport; Current valid EEA Member State ID card Current valid Full UK/EU Driving Licence Card Current valid Provisional UK/EU Driving Licence Card Current valid Student Card Current valid Citizen ID card Current valid Bus pass Section 2: Name and Address A document sent to the claimant at their current address, this may include: DWP Letter dated within the last 2 months Utility Bill dated within the last 2 months Current year’s Council Tax Bill Current Valid Full UK Driving License (Paper document); Bank Statement dated within the last 2 months Credit Card Statement dated within the last 2 months Section 3: National Insurance Number A document displaying their National Insurance Number, this may include: DWP letter dated within the last 2 months Current Benefits Agency Book Wage Slip These lists are not exhaustive and the decision maker will also strive to verify identification by examining available computer systems, in order to give regard to the difficulty that some applicants will experience in providing the above evidence.
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