Protocol between Children’s Social Care and Revenues and Benefits Service

Background

Due to the changes brought in by Welfare Reform it has been agreed that a protocol will be put in place between Children’s Social Care and the Revenues and Benefits Service to ensure that the emergency financial support that is provided to children and their families is consistent across agencies.

When a family is in receipt of benefits and there is an issue regarding the claim / award, these issues should be directed back to The Department of Work and Pensions. The Department of Work and Pensions retain responsibility for budgeting loans and alignment payments.

Budgeting loans are in respect of financing larger household items which are paid back via benefits on a weekly basis. The following provides more information on budgeting loans

Alignments payments can be made in the following circumstances

when a new claim is being made and has not yet been assessed . (Tel 0800 0556688)

a payment has been made but not the full amount issued (Tel 0845 6088548)

or a change of circumstances has been reported and not yet assessed Tel (0845 6088548)

Welfare Reform

The Department of Work and Pensions are no longer responsible for Crisis Loans and Community Care Grants. These services have been commissioned out to each Local Authority. Each Local Authority will have its own scheme to meet the needs of its residents.

Calderdale’s scheme to provide this emergency support is via Emergency Living Support (ELS)which will replace Crisis Loans and Community Living Support (CLS) which will replace Community Care Grants. ELS and SCLS are not recoverable and are paid as a grant.

This strand of Welfare Reform comes into effect from 1.4.13.

The current arrangement is in place for 12 months and will be reviewed annually.

Welfare Assistance Team

The Welfare Assistance Team will support any person over the age of 16 who needs support and is a Calderdale Resident.

The Welfare Assistance Team are based in Halifax, however any contact will be via telephone on 0845 120 6092. This is the only way that requests can be made. Should families present at Northgate House they will be provided with the telephone number to make their own application.

The Welfare Assistance Team is open Monday to Friday 9am – 5pm. In respect of any applications made by 2pm a decision and award will be made the same day.

Criteria for ELS

ELS may be paid to meet expenses in an emergency or as a consequence of a disaster, provided that the provision of such assistance is the only means by which serious damage or serious risk to the health or safety of that person or to a member of their family may be prevented.

An award may be for a specific item or service or to meet immediate living expenses for a short period - up to 14 days.

Eligibility /
  • Any Calderdale resident aged 16 or over who is without sufficient resources to meet the immediate short term needs of themselves or family
Except for
  • Residents of care home or hospital in patient, unless discharge is planned within the following 2 weeks
  • People lawfully detained or on release on temporary licence
  • Members of a religious order who are being fully maintained by it
  • People treated as being in full time relevant education

Circumstances /
  • Emergency or disaster situations such as:
  • Flood / explosion / fire causing substantial damage, loss or destruction to possessions or property
  • Loss of money for example through a robbery or burglary
  • Being stranded away from home without the funds to return
  • In addition an ELS can help with the following
  • Living expenses – this is restricted to meet need in disaster only where applicant or partner is:
  • Full time student or person from abroad, not entitled to income related ESA / JSA, income support or pension credit
  • Involved in a trade dispute
  • Under JSA sanction / disallowance and not getting DWP hardship payment as a vulnerable person. In such cases a partner not subject to sanction / disallowance could claim full ELS support, but would not get living expenses for partner
  • Rent in advance
  • Charges for board and lodging accommodation – where the LA does not have a statutory obligation to meet the need
  • Repaying emergency credit on a pre-payment fuel meter

Award Method /
  • Vouchers for living expenses, goods or services
  • No cash will be awarded
  • Certain items and needs are excluded – these are listed at appendix 1

Number of awards /
  • Restricted to maximum of 2 awards in rolling 12 month period
  • No repeat award will be made for an item that has had a previous decision (award or refusal) in the past 12 months – unless there has been a relevant change in circumstances

Application Process /
  • Application completed via telephone - Contact Team
  • Immediate decision given where an exclusion applies - Contact Team
  • Needs based financial assessment undertaken – Benefits: this will consider
  • Any savings / earnings / income/ cash in hand
  • Sources of credit – cash cards / store cards/ credit cards / overdraft and loan facilities
  • Any other help available quickly – such as from family / friends / employer / charities and benevolent funds
  • Signposting to other agency or relevant support as appropriate – Benefits
  • Customer advised of decision within maximum 2 working days – note this is the current DWP standard) - Benefits
  • Customer collects voucher where award made - Local Customer First in Halifax or Todmorden

Level of award /
  • The smallest amount needed to remove the crisis or alleviate need until next income payment available

Recoverability /
  • As no cash award will be made - ELS will not be recoverable

Appeals / Review Process /
  • No right of appeal exists
  • The applicant or their authorised representative can request that the decision be internally reviewed
  • Reason for the review could include where assistance has been refused, the form of assistance awarded is not appropriate or the value of the assistance does not meet the identified need
  • A request for a review must be made within 14 days of the decision and evidence supplied to support the request
  • Once 14 days have elapsed then a new application for support will need to be made and the process will start again

Criteria for CLS

A CLS award is intended to help people who receive a qualifying benefit to live independently in the community, ease exceptional pressure on families and assist with certain travelling expenses.

All applications will be considered on merit, taking into consideration the full circumstances of the application alongside the nature, extent and urgency of the need. An application form is attached in Appendix 1

Eligibility /
  • Calderdale residents in receipt of:
  • Income Support
  • Job Seekers Allowance (income based)
  • Employment and Support Allowance (income based)
  • Pension Credit
  • Or where applicant is due to leave an institution or care home within 6 weeks and are likely to be eligible for one of the listed benefits
Except where
  • Applicant or partner is involved in a trade dispute. In such circumstances an award is restricted to travelling expenses to visit a sick relative

Circumstances /
  • Help people establish in the community following a stay in institution or care home in which they received care
  • Help people remain in the community rather than enter an institution or care home in which they will receive care
  • Ease exceptional pressure on people and their families
  • Help people set up home in the community, as part of a planned resettlement programme, following an unsettled way of life
  • Help people to care for a prisoner or young offender on release on temporary licence
  • Help people with expenses to make certain journeys such as attending a relative’s funeral or visiting someone who is ill

Award Method /
  • Vouchers for goods or services.
  • No cash will be awarded
  • Certain items or needs are excluded – these are listed at appendix 5

Number of awards /
  • No repeat award will be made for an item that has had a previous decision (award or refusal) in the past 12 months – unless there has been a relevant change in circumstances

Application / Referral Process /
  • Application made via CLS application form and supported by a professional advocate such as a social worker or a support organisation. The application must be supported by all relevant information provided by support worker or support agency – Form available across all access channels
  • Signposting to other agency or relevant support as appropriate - Benefits
  • Needs based financial assessment undertaken – Benefits This will consider:
  • The extent and priority of need
  • Customer advised of decision within maximum 9 working days– Benefits
  • Customer sources appropriate goods and advises case worker for order to be placed and payment made - Benefits

Level of award /
  • Minimum award £30.00 – unless for travelling expenses
  • Will cover essential items only e.g. cookers, beds, bedding, heating appliances etc.

Recoverability /
  • CLS will not be recoverable

Review Process /
  • No right of appeal exists
  • The applicant or their authorised representative can request that the decision be internally reviewed
  • Reason for the review could include where assistance has been refused, the form of assistance awarded is not appropriate or the value of the assistance does not meet the identified need
  • A request for a review must be made within 14 days of the decision and evidence supplied to support the request
  • Once 14 days have elapsed then a new application for support will need to be made and the process will start again

Exclusions

Items or need excluded from CLS and ELS

Both CLS and ELS
Costs of purchasing, renting or installing a telephone or call charges
Council tax or community water charges
Debts to Government departments
Distinctive school uniform or equipment, or sports clothes for school use
Domestic assistance and respite care
Educational or training needs, including clothing and tools
Expenses in connection with court (legal) proceedings (including community service orders) such as legal fees, court fees, fines, costs, damages, subsistence or travelling expenses – unless ELS is required for travelling expenses when stranded away from home
Investments
Maternity or funeral expenses
Medical / surgical /optical /aural /dental items or services
Needs occurring outside of the UK
Removal or storage charges when re-housed following compulsory purchase order / redevelopment / compulsory exchange of tenancies or pursuant to a housing authorities statutory duty to the homeless under the Housing Acts
Repairs to public sector property (including property owned by the LA / Housing Associations / Co-operatives and Trusts)
School meals taken during school holidays by children who are entitled to free school meals
Travelling expenses to and from school
Work related expenses
CLS only
Costs of fuel consumption and any associated standing charges
Daily living expenses
Expenses which the LA has a statutory duty to provide
Housing costs – including all utilities / rates / services / mortgage / rent /deposits and other costs in relation to the dwelling occupied as a home other than
  • Minor repairs and improvements
  • Charges for overnight accommodation applied for in connection with travel expenses

ELS only
Garaging, parking, purchase and running costs of a motor vehicle – unless being considered as emergency travel costs
Holidays
Housing costs – as above for CSL other than intermittent housing costs not met by HB or DWP benefit such as:
  • Cost of emptying cesspits / septic tanks
  • Rent in advance to secure new accommodation
  • Charges for board and lodge and residential charges for hostels (but not deposits, whether included in the total charge or not)
  • Minor repairs and improvements

Items such as beds and cookers (except where there has been a disaster)
Mobility needs
TV and radio licences or aerial or TV rental charges

Awards

People will only be eligible for 2 awards of ELS in a 12 month rolling period from the Welfare Assistance Team.

In relation to CLS, no repeat awards will be made for an item that has had a previous decision/award or refusal in the last 12 months unless there has been a change of circumstances.

In respect of any applications for food, consideration will be given to the use of Food Banks.

Awards will only be provided in the following way:

Awards for emergency food / living expenses will be provided via a choice of supermarket vouchers (5 leading supermarkets in the local areas).

Awards for emergency utility expenses will be provided via voucher or via direct contact with the utility company. This will only be for people who have a pre payment meter.

When awards are made under CLS the Welfare Assistance Team will purchase the item for the claimant.

When an award is made the client will be signposted to the relevant support services to assist them with managing their finances to try and reduce the risk of further emergencies developing.

If the Welfare Assistance Team have any concerns regarding a family and their presentation. A referral will be made to the First Response Team with consent from a parent. If there are safeguarding concerns consent is not required.

Children’s Social Care

Children Social Care has a duty to provide assistance to children that are deemed to be in need. This is under section 17 of the Children Act 1989.

In relation to emergency assistance for foods/ utilities /living expenses, families will be initially directed to the Welfare Assistance Team for support. Children’s Social Care will not consider making an award prior to the family being assessed by the Welfare Assistance Team.

In relation to any request for household items, families will be initially directed to the Welfare Assistance Team for support. Children’s Social Care will not consider making an award prior to the family being assessed by the Welfare Assistance Team

In relation to a request to provide assistance when there are problems with benefits then Children’s Social Care will direct the applicant to the Department of Work and Pensions to discuss. Ifthe Department of Work and Pensions are not able to provide support, Children’s Social Care will not consider making an award prior to the family being assessed by the Welfare Assistance Team

To avoid repeat financial assessments, if the Welfare Assistance Team have rejected an application on the ground that the criteria is not met, Children’s Social Care will not make payments should the family present.

If the Welfare Assistance Team have made their maximum number of awards in a 12 month rolling period, then the family will be assessed on the same criteria by Children’s Social Care. Children’s Social Care will confirm with Welfare Assistance Team when the awards have been made, the amount of award and any advice given re: support services available. The Welfare Assistance Team will also provide information regarding the benefits that the family are in receipt of, the dates of last payments etc. This information will be used to assist Children’s Social Care in their assessment.

In exceptional circumstances an award will be made. If the child / family are not a current open case to children’s social care, an Initial Assessment will be undertaken by First Response Team. Any awards for food will be made via voucher from a local supermarket. Any awards in respect of utility expenses will be made in cash. Children’s Social Care will make an award of £2.50 per day per child in the household in respect of food, no awards will be made in respect of adults in the household.

If a family are open to Children’s Social Care, the family will need to approach Welfare Assistance Team as per the above. If the family are rejected on either of these occasions then Children’s Social Care will not make an award. If the allocated worker / involved agency believes that the Welfare Assistance Team have not been party to all information and a review is required then the allocated worker should email Welfare Assistance Team on .

In exceptional cases an award will be made when a case is open to Children’s Social Care. On these occasions reassessment may be required of the family’s circumstances by the allocated worker / involved agency.

If the allocated worker or another agency believes that assistance is required from the Welfare Assistance Team in an emergency (ELS), the allocated worker can make an application on behalf of the family via the telephone service on 0845 120 6092. The referrer will need to provide the relevant information including a contact number or email address for the family for follow up.

If the allocated worker or another agency believes that assistance is required from the Welfare Assistance Team via CLS, the allocated worker can provide a copy of the application form and supporting information. In these circumstances the Welfare Assistance Team will advise the allocated worker of the outcome of the application.

Children’s Social Care will provide information regarding support services that will assist families to manage their finances to reduce the risk of further emergencies developing

Emergency Duty Team