Housing Benefit, Exempt Accommodation & Intensive Housing Management

1. Housing Benefit, Exempt Accommodation & Intensive Housing Management Support Solutions UK July 2015

2. Key Themes • Exempt Accommodation • Case Law • Intensive Housing Management • Alarms & Communication Systems

3. 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

4. Advantages of Exempt Accommodation • Attracts 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

5. 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

6. Advantages of Exempt Accommodation • Exempt Accommodation scenarios are a good idea: • For tenants: service levels maintained • Providers: income levels maintained • Local Authorities: recover amounts paid through HB from the DWP • A good way of funding prevention & taking pressure off statutory services

7. Advantages of Exempt Accommodation • 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

8. Exempt Accommodation? • Some schemes, often wrongly, deemed not to “meet the precise definition of Exempt Accommodation” • Agency-managed schemes • Schemes 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

9. Case Law • Judge Turnbull Legal Precedent • Bristol 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

10. 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!

11. The Future? • “Exempt Accommodation funding” likely to be devolved to Local Authorities in future • Plan B: add to the rent • Plan C: talk to health, local authorities & other statutory providers about part-funding revised service models. • Outcomes-focused & payment by results.

12. 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

13. Intensive Housing Management • Providers of Exempt & Specified Accommodation can include IHM tasks in HB claims • Local 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

14. Intensive Housing Management • We 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

15. Intensive Housing Management • Another “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!

16. Intensive Housing Management • Ensuring 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

17. 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.

18. Intensive Housing Management • Assisting 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.

19. 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

20. Alarms & Communication Systems • 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

21. Alarms & Communication Systems • 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

22. Exempt Accommodation Resources • Please talk to us! • www.supportsolutions.co.uk/briefing/issue_12/exempt_specified_accom.html • www.supportsolutions.co.uk/briefing/issue_12/exempt_accommodation.html • www.supportsolutions.co.uk/briefing/issue_12/ucihm.html • www.supportsolutions.co.uk/briefing/issue_11/intensive_housing_management_.html

23. Our Contact Details 01242 463272 07866 335544 www.supportsolutions.co.uk michael@supportsolutions.co.uk Twitter @suppsolutions https://www.facebook.com/pages/Support-Solutions-Ltd/176634252380383?ref=hl PO Box 16987, Sutton Coldfield, B73 9XY 23

24. 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