Housing Benefit, Exempt Accommodation Intensive Housing Management

Housing Benefit, Exempt Accommodation & Intensive

Housing Management

Support Solutions UK

July 2015

Key Themes

Exempt AccommodationCase LawIntensive Housing ManagementAlarms & Communication Systems

Exempt Accommodation

Introduced in 1995 to exempt certain social landlords from private sector rent level restrictions

Definition: Landlord must be a non-metropolitan county council; voluntary

organisation, charity or Registered Provider (housing association)

Landlord must have legal interest in the properties concerned (ownership or lease)

Tenants concerned must need “care, support & supervision”Additional services to meet those needs must be provided by the

landlord or an agent on its behalf

Advantages of Exempt AccommodationAttracts enhanced levels of Housing Benefit to meet the

additional needs of people who need “care, support & supervision” (more than “normal property management functions”), for example, supported & sheltered housing

Has advantages under the Welfare Reform Act. Exempt Accommodation tenants are excluded from: Spare Room Subsidy (“Bedroom Tax”) Benefit Cap Direct Payment of Rent

Local Authorities can reclaim the enhanced HB they pay to Exempt Accommodation providers in full where a Registered Provider has a legal interest in the property

Advantages of Exempt Accommodation

Reallocate unmet costs or costs met, for example, by Supporting People into the Housing Benefit income stream

Protect tenants, providers, local authorities & statutory services

Reduce unit costs for support/social care without reducing the budget

Protect self-funders


Exempt Accommodation scenarios are a good idea:For tenants: service levels maintainedProviders: income levels maintainedLocal Authorities: recover amounts paid

through HB from the DWPA good way of funding prevention & taking

pressure off statutory services


Enables you to provide a wider range of accommodation-related services through “Intensive Housing Management”

These are funded by Housing Benefit which is (usually) fully reclaimed by Local Authorities from the DWP

Relief Fund can apply to self-funders in most circumstances

Helps to “subsidise” wider costs of services and puts you in a good position to talk to other funders for support & social care

Exempt Accommodation?Some schemes, often wrongly, deemed not to “meet

the precise definition of Exempt Accommodation”Agency-managed schemesSchemes that provide insufficient “care, support &

supervision”Means they can fall outside of Welfare Reform Act

protections & not be entitled to enhanced levels of Housing Benefit

DWP devised an additional definition: “Specified Accommodation” to cover such schemes

Case Law

Judge Turnbull Legal PrecedentBristol CC v AW [2009] UKUT 109 (AAC) –

satisfactory test for determining support is more than minimal is to ask whether support provided likely to make a real difference to the claimant’s ability to live in the property

Judge Turnbull Legal Precedent continued;R(H) 6/08, R(H) 4/09 – ‘Support’ involves the landlord

doing more than, or different from, the exercise of its ordinary property management functions

Case Law

Chorley BC v IT (HB) [2009] UKUT 107 (AAC) – support not confined to counselling, advising, encouraging etc. ‘the carrying out of repairs which clearly go beyond ordinary housing management can amount to support’

IHM can therefore be sufficient to qualify as “care, support & supervision” within exempt accommodation!

The Future?

“Exempt Accommodation funding” likely to be devolved to Local Authorities in future

Plan B: add to the rentPlan C: talk to health, local authorities &

other statutory providers about part-funding revised service models.

Outcomes-focused & payment by results.

Intensive Housing Management

General needs housing management more intensively applied

Additional housing management tasks that reflect the additional needs of tenants with the objective of maintaining & developing independence in relation to accommodation

http://supportsolutions.co.uk/docs/intensive_housing_management_tasks.pdf

Intensive Housing ManagementProviders of Exempt & Specified Accommodation can

include IHM tasks in HB claimsLocal Authorities can pay enhanced HB claims to meet

additional needs of tenants requiring “more than normal property management functions”

Local Authorities can reclaim the enhanced HB they pay via their annual subsidy claim

Intensive Housing Management qualifies as “care, support & supervision” for the purposes of qualifying for Exempt or Specified Accommodation

It is another form of investment in prevention

Intensive Housing ManagementWe believe that the total amount of the annual HB UK

budget of £17bn (2011-12) paid to Exempt/Specified Accommodation is 6-7%

The UK Govt is currently quantifying it at local level It funds Intensive Housing Management as well as rent

and it’s the only part of the HB budget on which we get both a social and financial return as an investment in prevention

It is likely to be “localised”: maybe via Welsh Govt.Probably means a fixed pot & maybe a finite list of

eligible tasks

Intensive Housing ManagementAnother “Platinum Cut” as per Supporting People?

Probably.Whether or not that happens, but especially if it does, it

is important to ensure that you have access to that revenue now. Trying to get it after the “cut” may not be possible

That’s what we’ve been helping people to do since 2005 If it is localised it may be restricted/cash-limited, which

means the service charge may not be sufficient to meet all additional needs

In which case it can be allocated to rent. Plan B!

Intensive Housing ManagementEnsuring tenant’s rent is paid regularly and on time. Explaining the tenancy agreement and assisting tenants

abide by it.Organising inspections of tenant’s property and

arranging for any repairs or improvements to be carried out, including the replacement of furniture.

Ensuring that tenants are aware of their rights under their tenancy agreement.

Offering tenants advice and guidance on keeping their property to a reasonable standard of hygiene

Intensive Housing Management

Assisting tenants to access other support providers as required.

Liaising with all relevant agencies, both statutory and voluntary, on tenant’s behalf.

Assisting tenants to reduce rent arrears.Dealing with nuisance issues.Ensuring that tenants know how to use equipment

safely.Providing tenants with advice and facilitating a move to

alternative accommodation as required.

Intensive Housing ManagementAssisting tenants to claim Housing Benefit and other

welfare benefits.Helping to keep tenants safe by monitoring visitors,

including contractors and professionals, and by carrying out health and safety and risk assessments of property.

Providing communication, CCTV, door entry, fire and other safety systems as a consequence of tenants’ additional needs.

Depreciating furniture, fixtures, fittings & white goods over a shorter period of time than would otherwise be the case.

Alarms & Communication Systems

HB usually won’t fund alarms, SP increasingly doesn’t, neither does Health & Social Care (there are exceptions!)

Hardwired systems are expensive, often unfunded, and one size doesn’t fit all

Services of all types need to be more personalised, including alarms

Staff time needs to be better targeted to where it is most needed


Need to increase fundable components of “alarms”

By reinventing them as proactive communication systems

Proactive communication should be the fundable norm: emergency reaction should be the last resort (but essential for those who need it)

Tenants, landlords & Commissioners should not be financially penalised


Why not use a telephone line (or mobile unit) that fits with the infrastructure that people already have?

Why do we spend a fortune on “one size fits all” hardwired schemes that cost money, aren’t fundable & aren’t flexible either?

A proactive communication system establishes an Exempt Accommodation situation (provided it is needed)

It puts tenants in control & allows for better targeted use of staff resources and time

Exempt Accommodation Resources

Please talk to us!www.supportsolutions.co.uk/briefing/issue_12/

exempt_specified_accom.htmlwww.supportsolutions.co.uk/briefing/issue_12/

exempt_accommodation.htmlwww.supportsolutions.co.uk/briefing/issue_12/

ucihm.htmlwww.supportsolutions.co.uk/briefing/issue_11/

intensive_housing_management_.html

Our Contact Details01242 46327207866 [email protected] Twitter @suppsolutions https://www.facebook.com/pages/Support-Solutions-Ltd/176634252380383?ref=hl

PO Box 16987, Sutton Coldfield, B73 9XY

23

Intensive Housing Management The Charity is a housing association for subsidy reclaim purposes if its fits

the criteria established below; (1)In this Act “housing association” means a society, body of trustees or

company— (a)which is established for the purpose of, or amongst whose objects or

powers are included those of, providing, constructing, improving or managing, or facilitating or encouraging the construction or improvement of, housing accommodation, and

(b)which does not trade for profit or whose constitution or rules prohibit the issue of capital with interest or dividend exceeding such rate as may be prescribed by the Treasury, whether with or without differentiation as between share and loan capital

Housing Benefit, Exempt Accommodation Intensive Housing Management

Documents

Transcript of Housing Benefit, Exempt Accommodation Intensive Housing Management