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The Social Fund Commissioner's 2009/2010 Annual Report is Published

Social Fund Reform Green Paper: Social Fund Commissioner's Response June 2010

Changes to Rules about Repeat Applications for Living Expenses like Food and Fuel

New Eligibility Rules for Crisis Loans in Pathfinder Regions. (April 2009)

Changes to Interview Procedures

Changes to Budgeting Loans

Employment and Support Allowance

Changes to Rules about Repeat Applications

Mythbusters

Conference Workshops

IRS Publication Scheme Update


The Social Fund Commissioner's 2009/2010 Annual Report is Published
This week sees the publication of the Social Fund Commissioner's Annual Report for 2009/10 on Thursday 15th July. Headed by Karamjit Singh CBE, Social Fund Inspectors based at the Independent Review Service (IRS) provide an independent grievance process, by means of a review, for applicants dissatisfied with Jobcentre Plus decisions on their applications to the discretionary Social Fund.


The Social Fund is a scheme of grants and interest-free loans that are provided by Government to help the poorest and most vulnerable in society to meet needs such as basic household items, clothing and to meet the cost of minor repairs to their homes. People can also apply for an urgent crisis loan if they need help with daily living expenses.

Karamjit Singh said "During the period 2009/10 there has been a sharp increase in the workload to 49,927 cases. This is a rise of 73% on the workload for the previous year. We have also conducted a critical review of the work processes and delivered Inspector reviews at a lower unit cost than for the previous year. Everyone has worked with great commitment during a year in which we have experienced our highest workload since 1988, when the Social Fund was established. We must not forget that the customer should be the focus of our attention."

In June 2010, the Social Fund Commissioner responded to the Department's consultation paper on further reform to the Social Fund. The Green Paper represented the first time in 22 years that there had been an extensive consultation in relation to the Social Fund, and the Commissioner welcomed the opportunity to reflect on a number of issues. In March 2010, he also responded to the Administrative Justice and Tribunal Council's consultation on principles for administrative justice.

To view The Social Fund Commissioner's Annual Report and his Green Paper response online please visit www.irs-review.org.uk.

To obtain a hard copy of the Commissioner's Annual Report, please contact Justine Bird at the IRS (telephone 0121 606 2133, e-mail
Justine.Bird@irs-review.org.uk).



Changes to Rules about Repeat Applications for Living Expenses like Food and Fuel
There have been important changes to Direction 7 affecting repeat applications for Crisis Loans. Effective from April 2009, this change only applies to repeat applications for Crisis Loans for living expenses, where the applicant has already had a Crisis Loan award for the same period. Generally speaking, a second award for the same period will now only be made if there has been an emergency or disaster that has arisen since the previous decision. Secondly, the crisis must not be:
  • a consequence of an act or omission for which the applicant or partner is responsible, and
  • The applicant or partner could not have taken reasonable steps to avoid.

New Eligibility Rules for Crisis Loans in Pathfinder Regions. (April 2009)
If an applicant lives in a part of the UK defined as a Jobcentre Plus Pathfinder area, then additional tests now apply to eligibility for Crisis Loans for Living Expenses.

Interviews: If an applicant has made 2 or more living expenses applications in the past 12 months, then on the 3rd (or more) application they shall be required to take part in an interview with a member of Jobcentre Plus staff. During this interview they must provide such information in connection with the application at the interview as the Decision Maker may reasonably require. However, where appropriate, the Decision Maker may waive this requirement for an interview.

3 or more awards: An applicant will not be eligible for a Crisis Loan for living expenses if they have already had 3 relevant awards in a rolling 12 month period. Introduction of this new Rule is being staggered so the start date of the 12 month period will vary. Disregarded awards include Crisis Loan payments when someone is waiting for benefits to be assessed, and when the benefit claim ends and they are without wages. Again, there are exceptions. An applicant will be eligible if they are in a disaster or an emergency which is not a consequence of an act or omission for which the applicant or his partner is responsible and the applicant or his partner could not have taken reasonable steps to avoid.

Changes to Interview Procedures
From April 2009 there have been changes to Direction 33 affecting when Jobcentre Plus Reviewing Officers must offer the applicant or their representative an interview before completing their review of the case:

Applications for Community Care Grants and Crisis Loans - In certain circumstances, an interview will still be offered before the review decision. For example, if there is information from a 3rd party the applicant is unaware of, or if there is difficulty accepting the applicant's own information. If there is no interview, the officer should still seek out any information that is necessary (this could be through written or telephone enquiries).

Applications for Budgeting Loans - Generally there will not be an interview, but the applicant will be contacted if they have disputed key facts.

Changes to Budgeting Loans
Since the Social Funds inception budgets have been managed on a local level. This remains the case with community care grants. However, from April 2009 there is one national loans budget for England, Scotland & Wales. Direction 41 requires that Decision Makers must implement the fixed baseline figures set for budgeting loans by the Secretary of State. This means that applicants can access the same rates irrespective of where they live.

Employment and Support Allowance
A new benefit, Employment and Support Allowance came into effect on 27 October. It replaces Incapacity Benefit and Income Support where someone makes a new claim to benefit on the grounds that they cannot work because of illness or disability. Existing claimants will continue to receive Incapacity Benefit or Income Support for the time being.

Income-related Employment and Support Allowance is a qualifying benefit for eligibility for community care grants and budgeting loans, along with Income Support, income-based Job Seekers Allowance and Pension Credit.

Changes to Rules about Repeat Applications
There are new rules about repeat applications with effect from 1 September 2008. Direction 7 now reads:

' A decision maker shall not determine an application for a crisis loan or grant from the social fund made within 28 days of a previous application by the same person for a crisis loan or grant for the same expense for which a payment has already been awarded or refused, unless there has been a relevant change of circumstances.'

Mythbusters
A number of myths have grown up around the Social Fund. Is what you have been told a fact, or a myth? Don't be caught out - read our new Mythbusters section in the IRS Review pages of the website.

Conference Workshops
The aim of Conference-Workshops is for representatives from the IRS to meet delegates from welfare rights groups and support organizations who may have an interest in the Social Fund. This is an opportunity for delegates who do not know much about the Social Fund to learn more, and for those who have used the Social Fund to share their experiences with the conference.

There are two types of Conference-Workshop. The shorter ones normally last about half a day. They include a presentation by the IRS representatives, during which questions are welcomed, and a further opportunity to discuss any issues affecting the operation of the Social Fund in that geographical area. Some Conference Workshops are extended to include discussions on the issues arising in illustrative case studies. For either type of event, the atmosphere is informal, and open discussion is encouraged.

During 2008/2009 the venues have been Middlesbrough, Manchester, Perth, Sheffield, Plymouth, Ashford (Kent), London, Norwich, Coventry, Stoke-on-Trent and Hull. Our plan for 2009/10 is to run the shorter version of the Conference-Workshops in Brighton, Carlisle, Derby, Ipswich, London, Peterborough, Swindon, Wolverhampton and Wrexham, and extended Conference-Workshops in Birmingham, Bolton, Bradford, Bristol, Edinburgh and Newcastle. We issue invitations to organisations in the area that we think may like to send a delegate. If you would like to nominate a delegate, let Martin Keeves know.

We aim to cover most parts of Great Britain in about a two-year cycle. If you do not think we have visited your area and think it would benefit from a Conference-Workshop, contact Martin.Keeves@irs-review.org.uk

IRS Publication Scheme Update
The IRS publication Scheme page has been updated. The scheme aims to make as much information as possible about the IRS and its work easily available to the public. The page has been updated to include details of the IRS race equality scheme.

Please click here to be taken to the Freedom of Information page, which provides more detail on the Publication scheme itself and the information which is available. Alternatively contact Richard Plant at
Richard.Plant@irs-review.org.uk or 0121 606 2222



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