Guidance

LA Welfare Direct Bulletin 10/2019

Updated 4 March 2024

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

It has been four months since I had the pleasure of writing this opening editorial. This period has been incredibly busy for both ourselves and LAs in my lead area of data sharing and automation project delivery.

The most significant changes have been the replacement of the Customer Information System (CIS) with Searchlight and the replacement of the Data Hub with Transfer Your File. Feedback about both new solutions has been excellent so far, resolving some longstanding issues and increasing the resilience and reliability of access for LA staff. With rollout complete, my team is now working with other departmental colleagues to prioritise future development, based on LA feedback about minor bugs and suggested improvements.

As you will be well aware, a number of other projects are in various stages of current rollout. Most notably CIS interest automation, Pension Strategy Computer System (PSCS) notification automation and a further phase of Verify Earnings and Pensions improvements. All of these projects involve elements of both fraud and error reduction and LA administrative cost savings. So whilst there is always an element of pain and cost involved in any change rollout, we hope that the improvements realised by these changes will really make a difference.

But my team and I are always open to feedback. We are always seeking to improve the way we deliver our projects. For example, I am aware that the CIS interest refresh in April 2018, that proceeded CIS interest automation rollout, caused a lot of consternation and our communications could have been better. We will learn from this feedback.

Similarly, we are always looking for new opportunities to support automation and increase data sharing where it is legal to do so. So my door is open to both ideas and feedback. Feel free to contact me at any point by email to [email protected]

As usual, you’ll see this issue of the LA Welfare Direct includes wide ranging articles from applications for Free School Meals to requests for your Discretionary Housing Payment 2019-20 monitoring returns.

In this current world of political uncertainty, I think the only certainty is that issues relating to local welfare provision, related to Housing Benefit or otherwise, remains as busy as they ever have been.

Paul Selby
Deputy Divisional Manager
Housing Delivery Division

Housing Benefit Matching Service management reporting

1. Local authorities (LAs) should only record Housing Benefit Matching Service (HBMS) results using the clerical returns spreadsheet that is issued to all LAs with each monthly HBMS referral file. This is mandatory.

2. To explain, recent investigations have identified that the method of reporting of HBMS results via LA software systems and Single Housing Benefit Extract (SHBE) is currently unreliable due to potential issues/faults within LA’s IT Supplier software and guidance. This means we are unable to collate HBMS management information through SHBE.

3. If you do not have either the spreadsheet or guidance to complete then please contact [email protected] in the first instance.

Free School Meal applications (England and Wales only)

4. Some LAs are reporting that they are not sure what evidence they should be using when processing a Free School Meal application where the claimant is in receipt of Universal Credit (UC).

5. We have been working with the Department of Education and the UC Programme to understand what information is required and how the claimant is able to share that information with the LA.

Proof of benefit

6. The LA use the government benefits database to check entitlement for free school meals.

7. If the government benefits database shows that the claimant is not entitled, the claimant may need to provide further proof of their entitlement so that the LA can check their claim again.

8. The claimant can do this by providing the LA with a copy of their most recent UC award statement (paper version or screenshot). The information can be found in the ‘What we take off (deductions)’ section of the statement. This will show the claimants take home pay. This section is shown whether the claimant has earnings or not.

9. Additional information can be found in the claimants account, in the Help and Support section under the heading, ‘Other support you may be able to get’. At the side of this heading there is a + symbol that expands to give details of extra support, for example, Free School Meals and prescriptions. If they bring their device in, rather than a print out, that would help.

10. If you have any queries regarding the content of this article you can email [email protected]

Discretionary Housing Payment mid-year monitoring return 2019 to 2020

11. Thank you for providing your end of year 2018 to 2019 Discretionary Housing Payment (DHP) monitoring returns. The resulting information was published as official statistics on 11 July 2019.

12. The monitoring returns are important in helping the Department for Work and Pensions’ (DWP) understand how DHPs are being used to support people affected by welfare reforms.

13. You are now asked to provide the mid-year returns in relation to the period 1 April 2019 to 30 September 2019. We are again only seeking details of DHPs paid during this period, you should not include any DHP spend which is committed, but is due to be paid after 30 September 2019. Further details can be found in Appendix B of the Discretionary Housing Payment Guidance Manual and the “Guide to completion” tab of the DHP monitoring form which is attached separately as Appendix A.

• Appendix A DHP monitoring form [Excel]
• Appendix A DHP monitoring form [open document format]

14. In line with the approach taken on previous occasions, the monitoring form asks for the value of DHPs paid, broken down into welfare reform impacts and the purpose of the award, for example an award made as a result of the implementation of the lower benefit cap with the intention of helping the claimant secure and move into alternative accommodation. If information relating to the purpose of the award is not available, LAs are asked just to record the total DHP paid in respect of the welfare reform listed.

15. We are also asking for information on the total number of applications received, the total number of applicants and the number of awards made in total and then the numbers in relation to UC claimants. To clarify, monitoring returns should include payments made to both Housing Benefit (HB) and UC (Housing cost) claimants.

16. Please complete and return the excel sheet monitoring form by Friday 18 October 2019 to [email protected]

LA Welfare Steering Group and Practitioners’ Operational Group

17. The next meeting of the Practitioners’ Operational Group (POG) will take place on 14 November 2019. Agenda items will include topics on the LA Funding Group and ‘move to UC’.

18. Summary minutes for the LA Welfare Steering Group June 2019 meeting have been published.

19. Summary minutes for the POG May 2019 meeting have also been published.

20. If you have any questions regarding either of these DWP/LA consultation groups you can email the Secretariat at [email protected]

Secondment opportunities in Housing Delivery Division

21. Working with LAs as one of our major stakeholders in welfare reform continues to feature heavily and for this reason we value the expertise and knowledge that LA HB experts can bring to the team. These secondment opportunities provide an opportunity to gain an insight and experience of policy development and workings of central government.

22. DWP’s Housing Delivery Division (HDD) has had a programme of bringing HB experts from LAs in to work alongside Data Sharing, Subsidy, Change and Performance teams on secondment. We are now looking to register your interest for further secondment opportunities over the coming months.

23. HDD comprises approximately 100 staff. The division is responsible for overseeing the performance of LAs in their delivery of HB (approximately £21 billion), allocating HB administration subsidy (approximately £215 million) and DHPs (approximately £139 million). HDD monitor a range of performance data including how quickly and accurately HB is paid and the prevention and detection of fraud and error. HDD offer support and challenge to those LAs not meeting performance expectations.

24. It also supports a large program of data sharing activity that is paramount in helping LAs pay the correct amount of HB and is heavily involved in managing change activity supporting the welfare reform agenda.

25. This is an exciting opportunity to play a leading role in maintaining and improving stakeholder relationships between DWP and LAs and in designing innovative opportunities for closer working during this busy and complex period of welfare reform.

Personal requirements

26. Candidates should possess the following:

• good understanding of HB procedures and regulations
• good drafting and communication skills
• ability to build and maintain effective working relationships with LAs and other stakeholders
• ability to work with people at different levels in the organisation and to work as part of a team to achieve results
• ability to deliver work at pace and with successful, quantifiable outcomes

Further information

27. Secondment posts would be offered for 12 months initially but this would be reviewed at the end of the period and could be extended for up to a maximum of 2 years. The posts would usually be full time and based across the country, although no moves at public expense would be considered. These opportunities will be determined by business need, so your CV will be kept on file and you will be contacted once a suitable opportunity arises.

28. If you are keen to register your interest and are at S01/S02/SO3 and Pay Band level 4 or equivalent, (roughly equates to civil service HEO/SEO/G7 grades) please:

• check with your LA that you could be released
• send your CV by email to [email protected]

HB decisions by the Upper Tribunal

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

• CH/824/19: In these circumstances HB could be claimed after UC disallowed.

• CH/2890/18: Tribunal failed to consider whether reasonable to treat claimant as liable.

• CH/708/19: Decisions in OB and AP failed to have regard to the previous COA decision in SSHD v Ojo [2015] EWCA Civ 1301, which held that the acquisition of a permanent right to reside depends on continuous residence in a qualifying status, thus concluding that both OB and AP were decided per incuriam. Decision also confirms that, in cases where claimants argue to be self-sufficient, the requirement for comprehensive sickness insurance must be strictly complied with, and that, following Mirga, proportionality principle in individual cases could be relied upon only in very exceptional cases.

30. Decisions of the UT are published on their website.

31. 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

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

• 2019 No. 1249 The Universal Credit (Childcare Costs and Minimum Income Floor) (Amendment) Regulations 2019, made on 9 September 2019
• 2019 No. 1241The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2019, coming into force on 9 December 2019
• 2019 No. 1243 The Income-related Benefits (Subsidy to Authorities) Amendment Order 2019, coming into force on 31 October 2019

33. The following Statutory Rule (SR) of Northern Ireland has been laid:

• 2019 No.173 The Universal Credit (Childcare Costs and Minimum Income Floor) (Amendment) Regulations (Northern Ireland) 2019, made on 9 September 2019.

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

What’s new on our HB pages on GOV.UK

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

Document type	Subject
LAWD9/2019	Editorial Incorrect HB debt recovery from debtor’s partner via Direct Earnings Attachment Accessing data via Searchlight Update: Pension Strategy Computer System Self-employed Earnings Review Update: Removal and improvements to 6 HB Matching Service rules LA secondee opportunity in Housing Policy Division Updated Discretionary Housing Payment Guidance published Update: Speed of Processing statistics HB cases decided or awaiting decision by the Upper Tribunal New Legislation What’s new on our HB pages on GOV.UK
LAWD9/2019 Lite	Student uprating 2019-20 Funeral Support Payment New email addresses for form LA17 (legacy benefits only) Severe Disability Premium transitional payments SDP questions and answers Funeral Support Payment New email addresses for form LA17 (legacy benefits only) Severe Disability Premium transitional payments SDP questions and answers