Guidance

LA Welfare Direct Bulletin 11/2018

Updated 3 December 2018

Contact

If you have queries about the:

• technical content of this bulletin then contact details are given at the end of each article
• general content and distribution of this bulletin, contact [email protected]

Who should read

All Housing Benefit staff

Action

For information

Editorial

As readers of this still relatively new LA Welfare Direct will be realising, the editorial is being rotated between the Housing Delivery Division (HDD) senior management team. So this month I’ll be writing mainly about the projects and business as usual activities that my part of HDD leads on.

My team covers everything to do with data sharing, data matching and data security, including the live support for these things. So everything to do with data basically!

I’ve worked in HDD for 40 months now, firstly on the Consultancy team but for the last 31 months in my current work area. My simple high level focus has been to do my best to provide a better service to local authorities (LAs), in particular driving changes in the way we deliver data to LAs. This has taken time to bear fruit. The reason being that the projects my team delivers are often “baked in” 12 months ahead of the time they hit LAs. So changes I made 6 months into doing the job, having studied things carefully before making knee jerk changes, won’t have been observable to LAs until mid-2017. But I’d like to think that these changes are now observable to readers, particularly through recently delivered projects and upcoming projects.

For example, in April 2018 we delivered the Housing Benefit (HB) Debt Service, which has received unbelievably positive feedback. Importantly, as well as being transformational in terms of the increased debt recovery it allows, LAs were also incredibly positive about the way we delivered it; genuinely listening to LA user requirements. It was similar for the delivery of the Employee Authentication Service Replacement (EAS-R). This was a change enforced upon us but we genuinely listened to LAs during the requirements gathering and testing phases and delivered a product that LA users were extremely positive about.

In terms of the near future, we hope for similar positive feedback. The upcoming automation of the Customer Information System (CIS) interest markers will not only eliminate up to £45 million of fraud and error but it should also significantly reduce administration costs for LAs. Similarly, we know that Retirement Pension annual uprating has been a bugbear for LAs for many years. We’ve tried for years to automate this but, very soon, we should finally be able to; again reducing LA administration costs.

So, we are becoming increasingly proactive in identifying these improvements that would reduce both LA administrative costs and fraud and error. However, we are always open to additional suggestions from LAs. So do not hesitate to identify them to members of my team. Cost constraints may have to prioritise other things above your suggestions in the short term but it’s important for us to know where the improvement opportunities are for the medium and long term.

Of course, despite the improvements we’ve delivered, there is more to do. We know that the reliability of some of our data sharing infrastructure isn’t perfect, whether that be failure of the systems themselves (for example, the Data Hub or CIS), or the failure of individual files (such as the daily Universal Credit notifications). I can only apologise for this unreliability. There are no easy fixes. The honest truth is that we are dealing with aging IT systems that will be eventually replaced/refreshed and, until they are, they will remain inherently unreliable. What I can reassure you about, however, is that it is rare that the root cause of any problem is a repeat, because my team works hard to eliminate root causes. Within the constraints we face, we will continue to do our best to deliver a more reliable service in the future.

Paul Selby
Deputy Divisional Manager (of Housing Delivery Division)

How the department is publishing content on GOV.UK

1. DWP want to make our content and services on GOV.UK as easy as possible to find and use. That’s why we’re publishing more content in HTML (in other words, as a webpage) rather than as files such as PDF or Word documents.

2. HTML is easier for most people to use as it:

• resizes to suit the size and shape of your browser window – PDFs are not as responsive and you may need to zoom in and out and do a lot more scrolling
• is designed to be read on screen while PDFs are usually designed for off line use
• works better if you use assistive technology, such as a screen reader

3. You’ll see more HB communications published as HTML only in future, such as this bulletin and HB circulars.

4. You can still print HTML content or save it as a PDF if you want to distribute it as a document through your internal systems:

Print HTML content (in Internet Explorer 11):

• go to ‘File’ > ‘Print’ > select the ‘Print’ button

Save HTML content as a PDF (in Internet Explorer 11):

• go to ‘File’ > ‘Print’
• under ‘Select printer’, choose ‘Microsoft Print to PDF’
• select the ‘Print’ button and choose where you want to save the file

5. There will be a similar process in other web browsers.

6. If you have any questions about the content of this article please email [email protected]

Reminder: Discretionary Housing Payment mid-year monitoring returns 2018-19

7. As originally requested in bulletin LAWD9/2018, this is reminder for local authorities (LAs) to complete their Discretionary Housing Payment (DHP) returns for the period 1 April 2018 to 30 September 2018. Many thanks to those LAs who have already submitted their monitoring forms.

8. Whilst the completion of these returns is voluntary the more returns we receive the more this helps us to better understand expenditure of DHPs across English and Welsh LAs.

9. We have extended the original deadline from 12 October 2018 to 9 November 2018. You should complete and return the DHP monitoring return form (Appendix A of LA Welfare Direct Bulletin 09/2018).

10. Returns and queries should be sent to [email protected]

Update: Supported housing

11. On 9 August 2018, we announced that we will continue to maintain the funding of all of Supported housing (both long- and short-term), in HB alongside introducing new oversight arrangements. This announcement will give confidence to the sector and will help us meet the government’s aims of promoting supply and achieving value for money and positive outcomes for Supported housing residents.

12. We are committed to, and have begun, working closely with the sector and LAs on oversight arrangements for supported housing over the coming months and have begun early planning work. We are particularly keen to hear from LAs and to learn from your long experience of, for example, handling HB claims from people living in supported housing through your Revenues and Benefits departments and, more widely, for example through commissioning.

13. Our oversight arrangements are intended to ensure quality accommodation for vulnerable people, whilst ensuring that the tax-payer gets value for money and at the same time protecting and promoting the supply of supported housing.

14. LAs can help by providing the joint Department for Work and Pensions (DWP)/Ministry of Housing, Communities and Local Government project team with case studies and we would welcome any suggestions on how we can improve oversight of quality and value for money.

15. If you wish to be involved in this project, please contact [email protected]

Scottish Government’s Carer’s Allowance Supplement

16. The Carer’s Allowance Supplement is a payment made by the Scottish Government to some carers living in Scotland. It will be paid by Scottish Government approximately every six months and is based on current benefit rates and taxable.

17. Carer’s Allowance Supplement will not be taken into account for income or earnings and will not affect the amount of HB awarded. Normal capital rules will apply.

Qualifying criteria

18. To qualify for a Carer’s Allowance Supplement the carer needs to:

• live in a Scottish postcode, and
• have received a payment of Carer’s Allowance that covers a specific qualifying date

19. If a carer qualifies for a Carer’s Allowance Supplement they will receive a letter from the Scottish Government to tell them how much they will be paid and when they will get the payment.

20. If a carer has an underlying entitlement to Carer’s Allowance they will not receive the Carer’s Allowance Supplement. The carer must receive a payment of Carer’s Allowance covering a qualifying date to receive a payment of Carer’s Allowance Supplement.

New claims and changes in circumstances

21. If a Carer’s Allowance claim or change of circumstances was dealt with after a qualifying date then the carer’s details will automatically be shared with Scottish Government at the next qualifying date. The Scottish Government will then issue a letter to the customer to tell them how much they will get and when to expect it.

22. The carer does not need to do anything to claim the Carer’s Allowance Supplement as the Scottish Government will automatically issue the payment into the same bank account that they have their Carer’s Allowance paid into.

23. DWP will continue to pay Carer’s Allowance to people living in Scotland on behalf of the Scottish Government.

24. HB staff will be able to identify a payment of Carer’s Allowance Supplement as the payment on the customer’s bank statement will display as “SSA CAS PAYMENT”.

25. See Carer’s Allowance Supplement for more information or for further advice go to www.mygov.scot/benefits/

Reminder: The LA Insight Survey Wave 36 on DHPs (England and Wales only) is now live

26. The LA Insight Survey Wave 36, which focuses on DHPs, is now live. This survey will inform the 2019 Spending Review and represents a major opportunity for LAs to have significant input into the future of DHPs. By now all English and Welsh LAs should have been sent an online survey to complete, with a smaller number of LAs also being invited to expand on their views in a follow-up telephone interview.

27. Please look out for an email from NatCen with a link to the survey. If you haven’t received your email invitation, please contact Andrew Luty on 0114 204 4143 or [email protected].

28. Finally, thank you again to everyone who took part in Waves 34 and 35 of the LA Insight Survey. We are planning to publish the findings on GOV.UK in the coming months. Your input via this survey is invaluable to us and more recent impacts from previous Waves include influencing the ongoing Supported housing policy and delivery discussions, improving LA/DWP workshops and gathering feedback on operational issues and challenges within specific policies such as HB backdating.

Interim advice on exchanging emails with trusted partners

29. DWPs’ LA Security and Support Team (LA-SST) is receiving a number of queries from LAs about changing email service providers and how to arrange acceptance of new email suffixes with DWP.

30. LA-SST is engaging with DWP Security Policy and the central ‘Removal of GSI’ project within DWP on this issue and is waiting for them to provide fully signed-off communications for external partners. In the meantime, here’s our interim advice that should apply across DWP.

As LAs lose their GSI family domain (for example, gcsx .gsx .gse etc.,) most are deploying a new solution still using .gov.uk. Housing Delivery Division and DWP colleagues will still accept this email address suffix as it is part of the existing trusted partner ‘whitelist’. In order to remain a trusted partner, an LA needs to have signed the current 2018-19 memorandum of understanding (MoU) that was issued on 24 September 2018. This will provide a declaration against the security requirements for cloud-based email services. LAs will then continue as trusted partners unless any evidence to the contrary is identified.

31. DWP will continue to monitor compliance with the MoU. In the meantime we will still share data and allow access to DWP systems as now and expect local exchanges of information between LAs and DWP to continue within current permitted data-sharing rules.

32. If an LA’s new suffix does not contain .gov.uk that LA is still required to sign the MoU but may be required to provide further information on their service provider. Any queries should be directed to LA-SST in the first instance regarding potential ‘white-listing’.

33. Welsh council addresses ending with the suffix .llyw.cymru will be treated as .gov.uk if a signed MoU is provided.

34. Further, more comprehensive, guidance will be published as soon as possible once we have full agreement from the central Removal of GSI project.

35. In the meantime, if you encounter any further issues you should notify LA-SST at [email protected]

HB decisions by the Upper Tribunal

36. Decision Making and Appeals (DMA) Leeds is aware of the following HB cases that have been decided by the Upper Tribunal (UT):

• CH/2351/16: Removal of Spare Room Subsidy (RSRS). Room safe for sleeping in once cleared of asbestos.

• CH/780/18: Capital. Tribunal failed to investigate whether money in bank accounts held on trust for children.

• CH/1191/18: Membership of the household. Tribunal made sufficient findings of fact on question of residence.

• CH/1881/15: RSRS. LA decision restored. Carmichael followed.

• CSH/109/18: Previously owned property. A practical compulsion leading to a person being unable to continue to occupy property without relinquishing ownership is sufficient to qualify for HB.

• CH/2065/15: RSRS. Claimant appeal dismissed. Carmichael and Nelson followed.

• CH/954/15: RSRS. LA appeal upheld. Carmichael and Nelson followed.

• CSH/126/18: Set aside – erred in finding the claimant was reasonably expected to realise they were being overpaid HB.

• CH/1401/18: Remitted - Tribunal erred by overlooking the content of regulation 35(1) (d).

• CH/296/18: Set aside - Tribunal did not have any valid appeal before it. No valid decision had ever been made by the LA.

• CH/1987/17: Overpayment – dismissed. LA’s responsibilities under the data matching process did not amount to an official error. Tribunal’s reasons not perverse on whether telephone call was made.

• CH/59/18:Overpayment.Remitted – Tribunal failed adequately to explore its fact-finding and reasoning on whether appellant had sent letter of disclosure.

• CH/1718/17: Remitted - notional capital - Tribunal wrong to find it was bound by the first tribunal’s decision on deprivation.

37. Decisions of the UT are published on their website which can be found on GOV.UK.

38. If you have any queries about cases before the UT Judges or courts, please contact us by email at [email protected] or fax on 0113 232 4841.

New legislation

39. The following Statutory Instruments (SIs) have been laid:

• 2018 No. 1102 The Occupational Pension Schemes (Cross-border Activities) (Amendment) Regulations 2018, coming into force on 13 January 2019
• 2018 No. 1103 The Occupational Pension Schemes (Governance) (Amendment) Regulations 2018, coming into force on 13 January 2019
• 2018 No. 1097 The Pensions Act 2004 (Code of Practice) (Authorisation and Supervision of Master Trusts) Appointed Day Order 2018, made on 17 October 2018
• 2018 No. 1084 The Social Security (Updating of EU References) (Amendment) Regulations 2018, coming into force on 15 November 2018

40. The following Statutory Rules (SRs) of Northern Ireland have been laid:

• 2018 No. 1085 The Social Security (Updating of EU References) (Amendment) (Northern Ireland) Regulations 2018, coming into force on 15 November 2018

41. Copies of SIs can now be downloaded from legislation.gov.uk

What’s new on our HB pages on GOV.UK

42. The following items can be found on the website link shown:

Document	Subject
LAWD9/2018	Editorial Phishing emails The story so far: Verify Pensions and Earnings Reminder: Access to data via CIS Reminder: LA Insight survey Wave 36 is now live (England and Wales only) Student uprating 2018-19 Launch of new data matching tools guide HB decisions with the Upper Tribunal New legislation What’s new on our HB pages on GOV.UK