Introduction

  1. In the first article in this series we considered what we mean by support for the purposes of meeting the support criteria laid down in the definition of “exempt accommodation” in the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006.

  2. In this second part, we will focus in on what evidence of support a local authority will require when assessing an individual claimant’s entitlement to Housing Benefit (“HB”) at the enhanced rate.

The Department for Work & Pensions (“DWP”) Guidance

  1. On 25 May 2022, the DWP published a HB guidance for supported housing claims (https://www.gov.uk/government/publications/housing-benefit-guidance- for-supported-housing-claims/housing-benefit-guidance-for-supported-housing- claims).

  2. Thepurposeofthisguidanceistoassistlocalauthoritiesinunderstandinghowto assess claims for HB for individuals living in supported housing. As we considered in the first part of this series, one of the key issues that the local authority must determine is whether a claimant’s landlord is providing support to the required threshold. This is not necessarily a straightforward exercise as the term “support” is not defined in the HB regulations.

How will a local authority assess a claim?

  1. The above guidance seeks to set out the approach that all local authorities should adopt when assessing claims for the enhanced level of HB. Under this guidance, they are advised to: (a) check that the landlord, or someone on their behalf, is providing the care, support or supervision

(b) consider whether the claimant has a need (actual or potential) for the care, support or supervision provided

(c) consider whether there is sufficient care, support or supervision provided, for example, ‘more than minimal’

(d)determine whether the care, support or supervision provided is linked to the accommodation or whether it is ‘floating support’

(e) check how the care, support or supervision is being funded

(f) determine the value of the care, support or supervision and make an appropriate deduction from the eligible rent if appropriate

  1. It is clear therefore that any provider must ensure that they are doing everything necessary to meet the support criteria threshold. They should maintain a robust approach to assessing an individual’s need for support when they first enter their accommodation. It is interesting to note that the guidance also makes it clear that the expectation for the needs of each individual to be properly identified before entering supported housing is also reflected in the National Statement of Expectations (which we have considered in prior blogs).

  2. Following on from this, they need to prepare detailed and appropriate support plans for each individual showing how they intend to meet the identified support needs of that person.

  3. Once support needs have been identified, the provider must ensure that their support staff maintain sufficiently detailed support logs or contact sheets which will provide the local authority with details of the date, amount and type of support being provided to each individual which meet their identified support needs. Each case will be assessed by the local authority on an individual basis as they should not make blanket decisions based on the type of scheme rather than on individual’s needs.

How will the local authority decide if the support is sufficient?

  1. The amount of support provided to each individual can of course vary quite considerably as every individual’s needs will be different. As there are no set number of hours laid down in the regulations, the guidance advises local authorities to consider a number of different matters when deciding if an individual’s support provision is sufficient for meeting the support threshold. They include the following:

(1) The support should be provided on an ongoing basis;

(2) As the support can vary week-to-week, it should be considered on an average basis;

(3) Local authorities should consider how the support has been provided e.g. one to one sessions may be seen to benefit an individual more than group sessions;

(4) If there is no need for the support being made available to the individual, it should be discounted;

(5) Support provided by a qualified specialist will be seen as more substantial than a member of staff who has not been trained and qualified; and

(6) More onerous repairs and maintenance tasks carried out by a provider can be taken into account.

How we can help

  1. Many providers will be providing the required level of support but if they cannot provide proof of this support provision, their residents could be in danger of having their exempt status removed from their HB claim. To avoid this happening, all providers must maintain good support records. Having years of experience, we are able to provide advice on what support records you need to maintain and how these should be completed. Should you require advice please contact us on finance@mrassociates.org to arrange an appointment with one of our consultants.

MR Associates - February 2023