8/3/2019 Welfare Benefits Shared Lives Workshop 1

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Welfare benefits and

Shared Lives

Donna Bounden

Funding and benefits managerShared Lives South West

8/3/2019 Welfare Benefits Shared Lives Workshop 1

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Outline of workshop

Discuss the current welfare benefit topics ofinterest or concern to Shared Livesschemes.

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Current topics

1. Can carers claim benefits whilst providingshared lives services?

2. Welfare benefit reform bill – future changes to

benefits3. Housing benefit v Local Housing Allowance

4. Appointee ship

5. Carer credits for National Insurancecontributions

6. Shared lives and Council tax discounts

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1. Carers claiming benefits

• Can carers claim benefits for themselves and for other family members. (this excludes the service users - normally) whilst providing shared lives services this may include :

• Housing benefit /Local Housing Allowance• Carers allowance

• Employment Support Allowance/Incapacity benefit

• Income Support

• Working Tax Credits• Pension Credit

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1. Carers claiming benefits

• NAAPS has sought clarification from the DWP inthese areas but no clear guidance has emergedto answer all the queries in depth.

• Not sure whether these issues will be resolved in

the short term, but some may come clearer inthe future under the Welfare Reform Bill?

• Difficult as benefits consider personalcircumstances, however it maybe possible

clearer definitions.

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2. Welfare Benefit Reform Bill

On 16 February 2011 the Welfare Bill wasintroduced to Parliament. The bill introducesa wide range of reforms to make the benefits

and tax credits system fairer and simpler by: – creating the right incentives to get more people

into work by ensuring work always pays

 – protecting the most vulnerable in our society – delivering fairness to those claiming benefit and

to the tax payer.

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2. Welfare Benefit Reform Bill

The main elements of the Bill are: – the introduction of Universal Credit to provide a single streamlined

benefit that will ensure work always pays – a stronger approach to reducing fraud and error with tougher penalties

for the most serious offences – a new claimant commitment showing clearly what is expected of

claimants while giving protection to those with the greatest needs – reforms to Disability Living Allowance, through the introduction of the

Personal Independence Payment to meet the needs of disabled peopletoday (commencing 2012/13)

 – creating a fairer approach to Housing Benefit to bring stability to themarket and improve incentives to work (Already in progress)

 –driving out abuse of the Social Fund system by giving greater power tolocal authorities

 – reforming Employment and Support Allowance to make the benefit fairerand to ensure that help goes to those with the greatest need (already inprogress)

 – changes to support a new system of child support which puts theinterest of the child first

8/3/2019 Welfare Benefits Shared Lives Workshop 1

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2. Welfare Benefit Reform Bill

• Areas of concern:-

 – Revision of Disability Living Allowance

 – Migration of majority of claimants ontoEmployment Support Allowance

 – Reduction of housing benefit payments

 – Getting service users into work

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3. Housing benefit v Local HousingAllowance

• Local housing allowance effectivelyreplaced Housing benefit from April 2008.

• Local housing allowance only contributesto accommodation costs.

• Housing benefit covers bothaccommodation and food and utilities.

• Caution: many housing benefit offices getconfused about which is which!

8/3/2019 Welfare Benefits Shared Lives Workshop 1

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3. Housing benefit v Local HousingAllowance

• Things to consider

 – Shared Lives package pricing

 – Setting prices for food and utilities?

 – Disability Living Allowance entitlement

 – Possible exemptions (care leavers under 22)

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4. Appointeeship

What is an appointee ?

“ a person elected to deal with the financial,aspects of some one’s live as they are unable todeal with their own affairs.” 

This is quite closed definition in the sense asappointeeship can cover more wide ranging topics

such as decision making wellbeing and health careand other matters in varying degrees.

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4. Appointeeship

Who can be an appointee?

 – family members

 – local authorities

 – solicitors

 – friends/carers

 – corporate bodies

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4. Appointee ship

There are various types of Appointee ship and thisoften causes confusion. Examples are:-

• Power of Attorney

• Deputyship• Court of protection appointee• Welfare benefit appointee (corporate appointee)

The powers the appointee will hold will dependingon how the appointee has been elected.

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4. Appointeeship

• As a rule of thumb I would say that aShared Lives Scheme or Shared LivesCarer would only cover the aspect of the

finances of the person as the issues canbe very complex and time consuming.

• Linked to Mental Capacity Act.

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4. Appointee ship

Welfare benefit appointeeship:-

• How do you decide if some one needs anappointee?

• If within a scheme who should take on thisrole, the carer or the scheme?

• Accountability of the appointee and of thescheme.

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5. National Insurance Credits as aSL Carer

• Carer’s credits have been available since

06.04.10

• Qualifying criteria for the carer: “ provide

care for one or more disabled person(s)for a total of 20 hours or more each week,where they do not receive CARERS

 ALLOWANCE” 

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5. National Insurance Credits as aSL Carer

• Carer’s credits have been available since

06.04.10

• Qualifying criteria for the carer: “ provide

care for one or more disabled person(s)for a total of 20 hours or more each week,where they do not receive CARERS

 ALLOWANCE” 

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5. National Insurance Credits as aSL Carer

Two qualifying routes: EITHER• through the disabled person being entitled to

Mid rate or HR Disability Living Allowance,Attendance Allowance at either rate or Constant

Attendance Allowance.OR• Certification route – if not in receipt of applicable

benefits – a certificate completed by a

appropriate health or social care professional.See www.direct.gov.uk/carers for more

information.

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6. Shared Lives and Council Tax

• Discounts could be applicable, howeverthese are dependent on the number ofoccupants in the house as a whole as

some occupants can be disregarded.Possible disregards could be:- – Being a carer

 – Severe Mental Impairment

 – Service user living in an annexe

 – Adaptations to property

8/3/2019 Welfare Benefits Shared Lives Workshop 1

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Welfare benefits and Shared Lives

• Useful websites – www.direct.gov.uk 

www.entitledto.com 

• Useful book Welfare benefits & taxcredit handbook(CPAG)

• Useful resource Local Welfare Rightsoffice/CAB

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Welfare benefits and Shared Lives

Any questions or queries?