Guidance

LA Welfare Direct 3/2021

Updated 20 December 2021

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

Hello everyone, this is my first editorial for the LAWD…actually my first editorial full stop!

Anyhow, I hope this finds you all well and coping through these difficult times. The government has announced a roadmap for us to come out of lockdown and whilst the dates may not hold it gives us something to look forward to.

It’s certainly been a busy month with the new financial year fast approaching and the Chancellor announcing the budget on 3 March 2021. This is reflected in the number of articles in this month’s issue and key impacts of the Spring Budget announcement are covered in some of the articles. My team recently issued the latest LA funding schedule detailing the indicative funding allocations for 2021 to 2022. We will be looking to confirm all shortly through Housing Benefit (HB) Subsidy circulars in time for your funding payments. We normally look to provide these earlier and appreciate your patience this year.

We have almost completed our HB subsidy workshops, which were held virtually for the first time. These events always have good attendance and this year was no exception. I would like to thank all local authorities for their input, engagement and the positive feedback we have received. We do strive to adapt and take on board your comments and suggestions when holding these events, so all feedback is welcome.

And finally, reflecting on previous editorials, what resonated with me is how resilient we have all been through this pandemic and what can be achieved working in partnership.

Please continue to stay safe and take care of yourselves and each other.

Tracy Williams
Head of Local Authority Analysis and Funding Team

Notification of when there is a change in Universal Credit standard allowance

1. Universal Credit (UC) is improving the local authority (LA) Local Council Tax Reduction (LCTR) data share so a notification will be sent to the LA when then the standard allowance element is uprated or amended on a claimant’s UC award.

2. A notification of change in standard allowance can occur:

  • when the government makes a change to the amount awarded

  • when a claimant turns 25

3. From 10 March 2021, any changes to a claimant’s UC standard allowance will appear on the LA LCTR data share notification within the standard allowance field.

4. There are no requirements to make changes to support LA IT systems.

5. If you have any queries you can email:[email protected]

Transition element payments in UC where the claimant was in receipt of Severe Disability Premium

6. UC has enhanced the LA Local Council Tax Reduction (LCTR) data share so that where a claimant is in receipt of the transitional element payment as part of their UC award, this will be displayed in the data share under transitional protection.

7. The transitional Severe Disability Premium (SDP) element will be paid to a UC claimant where they were in receipt of SDP with their legacy benefit, continue meet the eligibility criteria and have naturally migrated across to UC.

8. There are no requirements to make changes to support LA IT systems.

9. If you have any queries you can email:[email protected]

£20 per week uplift to UC Standard Allowance extended by 6 months

10. The temporary £20 per week uplift to the UC Standard Allowance, introduced in March 2020 for 12 months to support those affected by COVID-19, will be extended by another 6 months.

11. The uplift will apply to all UC claims until September 2021 and a revised A1/2021 will be issued shortly to reflect this change.

Spring Budget measure: Repayment of new UC Advances and the move to 25% debt deduction cap

12. New Claims advances are available only to new eligible UC claimants, whilst Benefit Transfer Advances are available for claimants moving across from legacy benefits to UC. With an advance, claimants receive an additional UC payment and from April 2021 claimants will now have the option to spread 25 UC payments over a 24-month period, rather than the current thirteen over a 12-month period. This will allow claimants to retain more of their UC award, giving additional financial security at a time of economic uncertainty. This applies to New Claim advances and Benefit Transfer Advances issued from 12 April 2021.

13. Deductions are made in UC for priority debts such as rent and utility arrears. Reducing the maximum deduction rate from 30% to 25% of a claimant’s standard allowance will allow more than 350,000 families with significant debts to retain more of their monthly award for their day-to-day needs. These changes were originally announced at Spring Budget 2020, to take effect from October 2021. At the Spring Budget on 3 March 2021 this date was changed to April 2021. These are positive measures and have been brought forward to support claimants to manage financial difficulties. The 25% deduction cap will apply to new and existing UC claimants.

14. Parallel changes to the advance repayment period and deductions are intended to support claimants and impact creditors in the smallest way possible. Although the total that can be deducted from a claimant’s Standard Allowance is being reduced, advance repayments will form a smaller proportion of that total for new UC claimants. The Department for Work and Pensions (DWP) believes these changes strike a better balance between ensuring priority debts are addressed whilst ensuring claimants retain enough of their UC award to meet their day-to-day needs. It is also the case that last-resort deductions such as rent arrears will continue to exceed the 25% cap, in recognition of the severe consequences that may otherwise occur and the need to protect claimants.

Coronavirus Support Scheme: Working households receiving Tax Credits

15. The Chancellor announced on 3 March 2021 that a new one-off payment of £500 is being introduced to provide extra support when the temporary increase in Working Tax Credit ends as planned in April 2021.

Eligibility

16. Eligible individuals do not need to apply for the new payment. HM Revenue and Customs (HMRC) will contact them by text message or letter in April 2021 to confirm that they are eligible. Eligible individuals include those who, on 2 March 2021, are in receipt of:

  • Working Tax Credit payments

  • both Working Tax Credit and Child Tax Credit payments

  • Child Tax Credit payments and are eligible for Working Tax Credit but do not get a payment because their income is too high

17. Payments will start to be issued in week commencing 12 April 2021 and all payments will have been made by 23 April 2021.

Effect on Housing Benefit

18. The one-off payment is being made under the Coronavirus Act 2020 and can be disregarded for Housing Benefit (HB) purposes.

19. This payment is not a payment of Working Tax Credits and will not be issued by the Tax Credits payment system. Automated Transfer of LA Systems notifications will not be issued when the payments are made and it is for claimants to notify LAs when they receive a payment.

Effect on UC

20. The payment will be disregarded for UC claimants who met the eligibility criteria and subsequently claim UC.

Additional Earnings Disregard

21. There are no changes being made to the Additional Earnings Disregard for the 2021 to 2022 tax year. The increased rate of £37.10 will end at midnight on 4 April 2021 and revert to £17.10 from 5 April 2021.

22. You can find more information on GOV.UK.

Shared accommodation rate: Changes to exemptions

23. The shared accommodation rate of the Local Housing Allowance (LHA) applies to those who are under the age of 35, living alone and renting privately. The market cost of sharing accommodation is cheaper than renting a self-contained property and this is reflected in how the shared accommodation rate is set.

Exemptions from the shared accommodation rate

24. There are a number of exemptions which enable claimants to receive the higher 1 bedroom LHA rate in certain circumstances, such as for those in receipt of the Severe Disability Premium, Care leavers up to the age of 22 and those aged 25 and over who have spent at least 3 months in a homeless hostel.

Changes to the exemptions

25. In March 2020, the government announced that, from October 2023, it would be extending the age thresholds for the Care Leavers and homeless hostels exemptions so that they both applied to under 25 year olds. For Care Leavers, this means extending the qualifying age from 22 up to 25 years old and for those who have spent at least three months in a homeless hostel, the lower age limit will be removed to include all claimants aged under 35.

26. At the Spring Budget this week it was confirmed that due to the impact of COVID-19 on young people, the implementation date has been brought forward by over 2 years to the end of May 2021.

27. Regulations will be laid on 6 May 2021 and come in to force on Monday 31 May 2021. Affected claimants will be entitled to claim the exemption from that date.

28. While LAs may choose to identify and contact claimants they believe to be in scope of the updated exemptions there is no expectation of this. Claimants will be expected to self-identify to claim an exemption.

National Fraud Initiative 2020 to 2021

29. The National Fraud Initiative (NFI) 2020 to 2021 data matches are being released to LAs and DWP from 28 January 2021. These matches are delivered every two years (except for those between HB and Student Loans which are released annually).

30. The matches aim to identify fraud and error in HB and related DWP benefits using a range of data sources. As in previous years, NFI matches relating to DWP administered benefits (passported benefits) are released directly to DWP.

Review of matches

31. This year NFI matches have been refined further to help prioritise the most relevant matches for review. Any matches that were returned in previous NFI exercises, where the investigations found no issue, have not been re-issued.

32. Individual claimants appearing in NFI matches have been allocated a risk score, and categorised as Very High, High, or Medium risk. LAs should use the category and specific risk score (range between 0-100%) to prioritise their reviews, specifically:

  • LA staff should review, but not focus exclusively on, individuals with the highest risk rating. The expertise and local knowledge of staff plus effective use of the NFI filtering tool can also be used to identify matches with a higher probability that they indicate fraud or error

  • NFI HB matches that require fraud investigation should be referred to DWP using the referral template which is embedded in the NFI Tool. Users should complete the form within the NFI web application and submit it. It will then be directed to the relevant DWP email inbox. A copy of the form entries will be retained within the web application. Only matches that indicate fraud should be referred to DWP

  • Cabinet Office encourages all LAs to document their approach to each NFI report using the ‘Report Comment’ facility within the NFI web application. Matches between HB and the following should be prioritised for review:

    • Student Loans data

    • Taxi Licence data

33. The remaining match types should be considered and any likely to indicate fraud should be referred to DWP.

HB to pensions, payroll and HM Revenue and Customs data

34. NFI has matched HB data to pensions, payroll and HMRC earnings and employment data. As HMRC Real Time Information is used widely across DWP and LAs, the NFI is collaborating with DWP to understand the added value the NFI matches may offer. DWP and NFI are working closely to identify and remove any duplication before considering whether to release remaining matches to LAs or DWP for review and investigation as soon as possible.

35. If you have and questions regarding the content of this article you can email: [email protected]

HB Award Accuracy Initiative 2021 to 2022

36. Clare Elliott, Head of Local Authority, Partnership, Engagement and Delivery (LA-PED) wrote to LA Chief Finance Officers and Revenue and Benefits managers on 19 February 2021 to launch the HB Award Accuracy (HBAA) Initiative 2021 to 2022.

37. This was followed up with some volumetric information and a number of frequently asked questions (FAQs) and an all-LA call on 2 March 2021. All of which was intended to help LAs decide on participation in the Initiative.

38. You will find the HBAA Initiative FAQs (as used on the call) attached as Appendix A, which will be updated as more questions are asked by LAs.

39. LAs have been asked to email their intentions to participate in the HBAA Initiative 2021 to 2022 to: [email protected] by 23 March 2021.

HB subsidy withholdings

40. By exception, all subsidy withholdings applied to LAs, ceased following the April 2020 subsidy payment. We informed you on 20 March 2020 via a letter to senior managers, that no withholdings would be applied in the short term.

41. Following a review period, withholdings will recommence 1 July 2021. These will be applied to all outstanding claims up to and including 2018 to 2019. The withholdings will be applied at 5%, increasing to a maximum of 35% in line with normal practice.

42. HB expenditure is significant (around £18 billion in 2018 to 2019) and the HB subsidy claim and assurance process is key to providing the required assurances for this spend. Whilst we appreciate that these are unprecedented times, the importance of reporting accurate spend to published timescales is important.

43. We will continue to monitor the 2019 to 2020 situation and review the withholding position as a matter of course.

Housing Benefit Debt Service 2021 to 2022 timetable

44. The new Housing Benefit Debt Service 2021 to 2022 timetable is available on Glasscubes. The timetable covers the upload and download dates to share files and has been agreed with HMRC and Transfer Your Files team.

45. There is no further information on the development of the strategic replacement service Check Employment Information, as it is still paused awaiting decisions post the Spring Budget. DWP and HMRC will review this on a 3-monthly rolling basis.

Third Party Deductions: Confirmation of contact information for LAs

46. It has been brought to our attention that some LA’s are unsure of the contact information for Third Party Deductions (TPDs). We can confirm, the following contact details should be used by LAs:

TPD payment queries for deductions through legacy benefits and UC

47. This information relates to any TPD payment queries, for example, where an incorrect reference number is held on the benefit payment system so money cannot be allocated to the correct tenant’s account or if a payment or schedule has not been received.

48. LA can refer to the How the deductions from benefit scheme works: guidance for creditors or suppliers for both UC and legacy benefits.

49. Payment Services temporarily closed their Third Party Payments helpline as a result of COVID-19 restrictions. This was due to the lack of available telephony facilities for staff working from home.

50. In its place they introduced an email facility to service those queries:

51. This email facility will remain in place for the foreseeable future and there is a 10-day response time using this service.

52. The forms to use for this email facility are:

Council Tax arrears – Income Support, Jobseekers Allowance and ESA

  • if you are using the automated route for deductions from ESA the email address is: [email protected]

  • if you are not using the automated service for ESA and for Income Support (IS) or Jobseekers Allowance (JSA) requests at the moment and you are unsure of the legacy benefit hub you need to contact, you can email: [email protected]. The team will provide you with information or support you to access the improved service available to you

Rent arrears - Income Support, Jobseekers Allowance and ESA

Council Tax and Rent arrears - Pension Credit

  • if you are unsure which Pension Centre you need to contact for your TPDs you can e-mail [email protected] who will direct you to the correct Pension Centre. Alternatively, you can call the Pension Service on 0800 731 0469

Council Tax arrears - UC

Rent arrears - UC

Automated applications for TPDs through Employment Support Allowance payments

53. In April 2019, DWP launched an automation service to improve the service it provides LAs in order to collect claimants’ Council Tax debt via deductions from ESA. The letter sent to LAs to launch the automation service can be found on Glasscubes. However, if you need further information you can contact: [email protected]

54. LAs who are using this facility are really pleased with the improved service it provides. Although, take-up of this service is voluntary, we would encourage LAs who have not taken advantage of the service to do so.

55. The electronic exchange process enables LAs to apply for deductions electronically; removing all associated printing and postage costs. This is a straightforward process that simply involves your LA completing and exchanging an excel spreadsheet in the form of a standard template. Benefits include:

  • removes most inputting errors - less re-work to allocate correct accounts and less unallocated payments for transfer to the correct creditor

  • improves timescales - robots work overnight subject to system availability

  • continues to deliver on removing printing and postage costs

  • ensures delivery to a correct trusted DWP email address

  • ensures responses are delivered to a correct trusted LA email address

Adopting the process

56. To adopt this process your LA should email: [email protected] with the following details:

  • secure gov.uk email address that will be used for the exchange

  • named contact

  • direct dial phone number for any queries

  • your 5-digit unique Account Payable number, available on your payment schedule or send the request for details of this in your email for future reference

57. Once DWP security authorisation is in place you will be issued with the necessary products to enable an electronic exchange between your LA and DWP. Outcomes from DWP will also include reasons for any rejections to help inform an LA’s next steps for collection of the debt in these cases. All LAs using this service now benefit from electronic requests for deductions from ESA for Council Tax arrears. Deductions from ESA represent 70% of all deductions for Council Tax debts.

58. DWP is working towards the automation being extended to include Income Support and Jobseeker’s Allowance in the near future. If you wish to volunteer to be part of the testing starting early March 2021 then send your details to: [email protected]

Update: Breathing Space

59. Further to the information provided in LAWD2/2020, DWP is continuing to work with the Insolvency Service and an LA working group on developing processes to support Breathing Space for both HB debt and TPDs.

60. Guidance for LAs will be issued in April 2021 for Breathing Space go-live on 5 May 2021.

61. If you have any queries you can email:[email protected]

Invitation to the next Data sharing and IT consultation and engagement forum

62. The next quarterly Data sharing and IT issues consultation and engagement forum will be held on Monday 29 March 2021 from 11am to 12 noon.

63. The dial-in details are as follows:

  • 033 0551 0214

  • participant code 1196309#

  • aim to dial in two or three minutes before the start time, as we aim to start the call promptly

  • you will then be kept in a holding area (with background music) until the call starts at 11:00 am

  • your line will be on mute by default but instructions will be given during the call if you want to ask a question

Forum agenda

  • 15 minute introduction from LA-PED, including projects recently delivered, projects currently in delivery, insight into future planned projects and recently reported common issues

  • 15 to 20 minutes for questions from LAs on the projects and matters covered in the introduction

• 15 minutes of questions from LAs on any other data sharing issues or IT issues they face

  • 10 to 15 minutes focusing on suggestions from LAs about future data sharing, data matching or automation projects that DWP could consider funding and delivering

64. High level minutes focusing on the questions and answers sessions will be published on Glasscubes.

65. The forum is open to all LAs and it would be beneficial for every LA to have at least one representative dial into the forum to help us maximise feedback.

66. Each LA representative should:

  • seek input and feedback from as many of their colleagues as possible prior to dialing in, for example, questions they might want answering

  • have knowledge, at least at a high level, about data sharing, data matching and current IT topic areas

  • feedback to their colleagues about how the conference call went, including the answers to the questions we asked

67. We look forward to your participation. However, if you have any questions in the meantime, you can contact us at: [email protected]

Publication of refresh HB Assurance Process modules

68. DWP has refreshed the following HB Assurance Process (HBAP) modules for the 2020 to 2021 assurance period:

  • Module 1: DWP reporting framework instruction (applicable to England only)
    • the Standard Engagement Terms for HBAP, including standard checks on the subsidy claim form and links to other modules
  • Module 2: Uprating Checklist
    • DWP benefit uprating checklist
  • Module 6: Approach and Testing Strategy (applicable to England only)
    • the detailed testing requirements which provide Reporting Accountants and LAs with instructions required by DWP to complete the HBAP

69. LA staff can access the refreshed HBAP modules on GOV.UK

70. If you have any questions regarding the content of this article email: [email protected]

Advance notice: Discretionary Housing Payments 2020-21 final claim form

71. The Discretionary Housing Payments (DHP) end of year final claim form is new for 2020 to 2021. It is a combined form, merging together the mandatory DHP final claim form and the voluntary end of year MI monitoring return form. By combining the forms, we expect to reduce both duplication and the burden the completion of the form places on you.

72. We will be sending your final claim form to LAs on or around 31 March 2021.

73. The complete, certified final claim must be returned to us no later than 30 April 2021.

74. If you do not receive your final claim form by 31 March 2021, you should contact us at: [email protected]

Removal of LA addresses from the DWP courier service

75. The DWP courier service currently provides a daily ‘delivery only’ service to 51 of the 368 LA sites across Great Britain.

76. The volume of post delivered by the courier service to LAs has reduced significantly to minimal quantities, yet DWP is charged for each address on the courier network. Therefore, it was decided to end the service from 1 March 2021.

77. Any post that needs to be sent from DWP to LAs after 1 March 2021 will be sent through normal postal services.

European Union Settlement Scheme

78. The United Kingdom (UK) has left the European Union (EU), therefore any European Economic Area (EEA) or Swiss national who wishes to carry on living in the UK after 30 June 2021 will need to get a UK immigration status from the Home Office. This is a legal requirement to continue to be eligible for some benefits, including HB.

79. Customers should apply to the scheme by 30 June 2021. HB will continue while the application is being decided.

Who needs to apply

80. A UK immigration status is still needed even if the customer has already been issued with a permanent residence document by the Home Office, or has been living in the UK for a long time.

81. Irish citizens do not need to apply, but can apply if they choose to do so.

82. Any family member to an EEA national that is not a British or Irish citizen should also apply for a UK immigration status.

83. Any customer with indefinite leave to enter or remain in the UK does not need to apply. If a customer is unsure if they have indefinite leave to enter or remain (for example, they came to the UK before 1 January 1973 and have lived here since), then they should still consider applying for a UK immigration status.

84. If the application is successful, the customer will get settled or pre-settled status, this may depend on how long they have been living in the UK when they apply.

What happens next

85. In collaboration with the Home Office, DWP will in April 2021 send a letter to all EEA citizens claiming benefits (including HB claimants) who have not yet applied to EU Settlement Scheme, reminding them to do so. After June 30 2021, the Home Office may also send another reminder letter to all benefit claimants.

LA action

  1. LAs do not need to take any action on these cases, further handling information will be communicated at a later date.

Further information

87. The Home Office has set up a customer telephone helpline (0300 123 7379) to answer any questions about the EU Settlement Scheme and to guide customers through the application process.

88. The following further information can also be found on GOV.UK:

Kickstart Scheme

89. LAs are encouraged to support and promote the government’s Kickstart Scheme. The information below explains the scheme and how LAs can get involved.

90. The Kickstart Scheme was launched in September 2020 and provides fully-funded jobs for 16 to 24 year olds on UC who are at risk of long-term unemployment. It’s helping young people, who have been some of the hardest hit by the economic impact of the pandemic, onto the first rung of their career ladder.

91. The Kickstart Scheme pays 100% of the relevant National Minimum Wage for 25 hours per week for 6 months. Employers provide support throughout the placement to improve the Kickstart Schemes candidate’s skills and confidence, which will hopefully springboard them into a permanent role.

92. More information on the Kickstart Scheme can be found on GOV.UK.

Recent developments in the Kickstart Scheme

93. To make it easier for employers of all sizes to benefit from joining the Kickstart scheme, we removed the limit, where employers had to have a minimum of 30 vacancies to apply to the Kickstart Scheme directly. We made this change because the vacancy limit was a barrier for some employers. This will allow us bring on board a greater number of employers and so create many more exciting opportunities for young people.

94. Employers who want support to get involved with the scheme can continue to partner with one of our many existing gateway organisations such as an LA or a Chamber of Commerce. Gateway organisations provide a local connection and the necessary wrap around support which is a hallmark of the Kickstart Scheme. DWP welcomes existing gateways to add more jobs and employers over the life of the scheme.

95. There are now more than 700 approved gateways covering many sectors and all parts of the country. With so many already approved, we have closed applications for new ones.

How LAs can get involved

96. Employers of all sizes and from all sectors – including the charity sector and social enterprises - are being encouraged to sign up as the government redoubles its efforts to create jobs for young people.

97. LAs could also share the information below across employers in their area or signpost them to the additional resources on www.gov.uk:

98. Further advice is available if you have signed up as a gateway organisation and we encourage you to promote the availability of your gateway to local employers.

99. Local Kickstart Scheme contacts are available you’d like to discuss any issues or challenges

LA Welfare Steering Group and Practitioners’ Operational Group

100. The next meeting of the Practitioners’ Operational Group (POG) will take place on 18 March 2021. Agenda items will include topics on Policy and LA Performance Management.

101. Summary minutes have been published for the POG February, April, June, July, August, September and November 2020 meetings

102. Summary minutes have been published for the DWP LA Welfare Steering Group January, March, June and October 2020 meetings.

103. If you have any questions regarding either of these DWP and LA consultation groups you can email the Secretariat contact: [email protected]

HB decisions by the Upper Tribunal

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

  • CH/602/20: Decision without reasons

  • CH/1449/19, CH/1450/19, CH/1346/19: Linked appeals. Right to reside. Tribunal erred in concluding that claimant lost worker status solely because she was declared not fit for work

105. A selection of decisions of the UT are published on administrative appeals tribunal decisions. Do be aware that there is an undefined time lapse between decisions being issued and their appearance on the website.

106. If you have any queries about cases before the UT Judges or courts, please contact us by email at: [email protected]

HB cases awaiting decision by the UT

107. DMA Leeds have not been made aware of any new HB and CTB cases that are awaiting decision by the UT since the last edition of this bulletin.

New Legislation

108. The following Statutory Instrument (SI) has been laid:

  • Loans for Mortgage Interest (Miscellaneous Amendments) Regulations 2021

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

What’s new on our HB pages on www.gov.uk

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

Document type Subject Links
LAWD02/2021 Debt Management and the Payment Deduction Programme queries

Updated LA guidance for the Housing Benefit Matching Service - management information spreadsheet

Updated Discretionary Housing Payment guidance manual

Taxi Driver and Private Hire Driver Support Fund (Scotland only)

Housing Association and Assured Shorthold Tenancy service changes (Wales only)

Updated LA Support Pack

Update: Local Housing Allowance

Further DWP led Engagement Events for LAs

Change of email address for housing policy enquiries

Debt Respite Scheme (Breathing Space)

HB Decisions with the Upper Tribunal

New Legislation

What’s new on our HB pages on www.gov.uk

Guidance for the LAs Housing Benefit Matching Service – management information spreadsheet - Annex A
LAWD2/2021
Circular HB A2/2021 War Pensions: Uprating 2021 to 2022 Circular HB A2/2021
Circular HB A3/2021 Revised The Housing Benefit (Persons who have attained the qualifying age for state pension credit) (Amendment) Regulations 2021 Circular HB A3/2021 Revised
Housing Benefit Assurance Process Module 1: DWP reporting framework instruction (applicable to England only)

Module 2: Uprating Checklist

Module 6: Approach and Testing Strategy (applicable to England only)
Housing Benefit Assurance Process

Crown Copyright 2021
Recipients may freely reproduce this bulletin.