SUPPORTING PEOPLE

CHARGING POLICY

REVIEWED SEPTEMBER 2011

1.Introduction and Background

1.1Housing related support services

Supporting People was the term used to describe the government’s programme for funding, planning and monitoring housing related support services. Its aim was to improve the quality and effectiveness of housing-related support services at a local level. It was implemented in 2003 and aimed to provide housing related support services to help vulnerable people to live as independently as possible in the community. This could bein their own homes or in hostels or other specialised supported housing.

The government’s view was that where service users have the resources to do so and if they are not in receipt of housing benefit they should pay towards the cost of certain Supporting People services.

Changes to Newcastle City Council’s Fairer Charging Policy for non-residential services and the introduction of a Fairer Contributions Policy require us to review the Supporting People Charging Policy 2003.

  1. Who Must Pay?

People living in ‘exempt’ schemes do not pay for Supporting People Services. Guidance defines ‘exempt’ schemes as those where the intended duration of support is 2 years or less. The Commissioning Body has decided which schemes in Newcastle satisfy this definition. It based its decision on information supplied by the service providers. From time to time it may change its view of a particular scheme, for example following representations from a provider or on information gained from a service review. The Commissioning Body has decided that, for the time being, it will not ‘exempt’ any service other than ones which satisfy the above definition.

2.1People living in ‘non-exempt’ schemes must pay for their Supporting People services unless they cannot afford to do so. People who successfully claim Housing Benefit will automatically be treated as unable to pay and will receive free services for the period that they continue to receive Housing Benefit. People who do not claim Housing Benefit may apply for an assessment of their ability to pay. The Commissioning Body has adopted the Adult Services’ financial assessment for non-residential adult social care services (as adapted) as its means of deciding whether, and how much, an individual who does not receive Housing Benefit must pay for their Supporting People service.

  1. How much must someone pay?

3.1The cost of Supporting People Services varies from scheme to scheme. The maximum that anyone will be asked to pay in respect of a Supporting People charge will be either:

  • the unit cost of the service as defined in the contract then in force between the service provider and the Commissioning Body or
  • the maximum contribution that an individual can be asked to make under the Fairer Charging / Fairer Contributions Policies for non-residential adult social care services, then in force,

whichever is the lesser.

3.2Where someone is liable to be charged for both Supporting People services and non-residential adult social care services the costs of both services will be taken into account in deciding how much to charge. This is to avoid people being charged twice. S/he will receive a single assessment. If assessed as being able to pay s/he will be asked to pay the social care charge first. If s/he is assessed as being able to pay more than the social care charge s/he will be asked to pay the difference to Supporting People.

3.3It would be administratively costly to collect very small amounts of money from people. Individuals assessed as being able to contribute less than 50 pence towards the cost of their Supporting People service will receive the service free.

3.4The followingpeople who were receiving services at 1st April 2003 are protected to ensure that they do not pay more for those services than they would have done had the Supporting People arrangements not been introduced:

  • Tenants of the City Council whose contribution would have increased on 1st April 2003 as a result of the introduction of charges which had previously been ‘pooled’ across the Housing Revenue Account. People in this position will be protected for the lifetime of their tenancy in respect of the amount by which their charges would have increased.
  1. How do they pay?

4.1The Commissioning Body has decided to enter into ‘subsidy’ contracts with the greater part of providers of ‘non-exempt’ schemes. For all practical purposes this means that a person assessed as liable to pay some or all of the costs of the Supporting People service will make the payment to the person or organisation to whom they pay rent.

4.2The provider will be paid at regular intervals in respect of those people who are not required to meet their own charges.

5.When does subsidy start?

5.1 Service users must apply for subsidy in order to avoid paying charges. An application for Housing Benefit will be treated as an application for subsidy. Subsidy will start on the same day as a successful claim for Housing Benefit. Where a service user cannot claim Housing benefit (for example an owner occupier) s/he must apply for an assessment under theFairer Charging / Fairer Contributions Policies for non-residential adult social care services. A request for an assessment will be treated as an application for subsidy. Where support charges are linked to a weekly tenancy, and subsidy is payable following an assessment under the Fairer Charging / Fairer Contributions Policies for non-residential adult social careservices, the first subsidy payment will start from the Monday after the date of application. In all other cases subsidy payments will be made from the date of application. Providers are asked to keep stocks of leaflets explaining the procedure and to offer the leaflets to new service users and service users whose financial circumstances have changed.

5.2 Underpayments and/or overpayments of subsidy may occur for a variety of reasons. The Commissioning Body have added a protocol to the contract with the service provider explaining how errors in payments will be corrected. Overpayments will normally be recovered unless the error results from a mistake on the part of the Administering Authority and neither the provider nor the service user could reasonably have known that an error had occurred. Underpayments of subsidy cannot be backdated more than 52 weeks or to the date when an application for subsidy could have been made, whichever is the shorter period.

5.3 Applications for subsidy may be made in advance, for example when someone is planning to move into a scheme. In order to ensure financial information is accurate, applications cannot be made more than 13 weeks in advance. Subsidy will not start until the service user is liable to pay for the service.

6Temporary variations in use of service.

6.1In some cases an individual may not need a Supporting People service for a period, for example if s/he goes into hospital. In general, however, such services are linked to tenancies and the obligation to pay rent continues. Where a person stops using a service temporarily but intends to return and continues to be liable for rent, then subsidy will be paid for the period of absence.

7Change of circumstances?

7.1 Subsidy ends when a service user leaves a scheme, subject only to temporary absences in the circumstances described above. Service providers have a contractual obligation to tell the Administering Authority when a service user has left.

7.2 Subsidy may end as a result of a change of circumstances, for example where a service user’s income or savings increase. Service users must tell the Administering Authority as soon as they become ineligible for Housing Benefit. Service users who are receiving subsidy following an assessment under the Fairer Charging / Fairer Contributions Policies for non-residential adult social careservices must tell the Administering Authority of any relevant change of circumstances as defined by that policy.

7.3 A change of circumstances may mean that a service user becomes entitled to subsidy for the first time. S/he must apply for subsidy in the normal way as described above.

8Fraud

8.1 The Council takes a strong anti-fraud stance. All overpayments of Supporting People subsidy arising from fraud will be recoverable at any time.

9 Appeals and Complaints

9.1 Appeals against Housing Benefit decisions are excluded from this policy as are requests for review under theFairer Charging / Fairer Contributions Policiesfor non-residential adult social careservices. In all other cases individuals who are dissatisfied with any decision under this policy may make informal representations by any means to the Commissioner of Preventative Services for the City Council. S/he will respond in writing within 28 days.

9.2 If following a written response an individual remains dissatisfied s/he may make further representations in writing which will be considered by Adult and Culture Services Director of Commissioning for the City Council. S/he will respond in writing within 28days of receiving the further representations. The decision of the Director of Commissioningwill be final.

9.3 Complaints about any aspect of Supporting People administration may be made under the complaints procedure currently adopted by the City Council of Newcastle upon Tyne.

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Last review date: September 2011

Next review date: September 2012