Supported Housing
This information is correct as of April 2008.
The lowest rate can be paid if you are unable to prepare a cooked main meal for yourself, or need about an hour’s worth of attention during the day. Advice about what to wear on a cold day, hygiene, checking water temperature when running a bath and ensuring that correct dosages of medication are taken are all examples of support that is not personal care but which is eligible assistance. Spread across a day it may well exceed an hour, and could give entitlement to middle rate. Middle rate can be paid for day or night needs, whilst highest rate is paid for a combination of both. As with Attendance Allowance, this benefit is not normally payable whilst in registered residential or hospital care for more than 28 days. Any entitlement to Disability Living Allowance (Care Component) or Attendance Allowance is suspended after 28 days in hospital or residential care, but can be reinstated on moving into a tenancy.
‘Underlying’ entitlement—an award that has been suspended during a spell in Residential or Hospital care—can be reinstated once you enter supported housing. A quick phone call to the Benefits Enquiry Line (0800 882 200) should suffice, or a short letter explaining your circumstances can be written to:
The Disability Living Allowance Unit
Warbreck House
Warbreck Hill
Blackpool
FY2 9YJ
Reinstatement of ‘underlying entitlement’ can only be effective from the next pay-day after the tenancy begins, assuming you have notified Blackpool simultaneously. A copy of your tenancy agreement will probably be needed as proof of your change of circumstances. A fresh claim form for Disability Living Allowance Care Component may be issued in these circumstances.
If you only ever had entitlement to DLA Mobility Component you can ask for your care needs to be re-assessed. All decisions carry appeal rights, but if your claim is supported by evidence from a GP or Social Worker then the chances of success are greatly improved.
Entitlement to higher or middle rates of Disability Living Allowance (Care), or any rate of Attendance Allowance, should trigger additional premiums of Income Support/Pension Credit and Housing Benefit/Council Tax benefits. If you need to appeal, Welfare Rights offer a full representation service.
A Savings element is available from age 65 for qualifying claimants. It is intended to reward those who have made extra provision for their future, such as a private pension. There is a maximum savings credit of £19.71 per week for a single person (£26.13 per week for a couple) that cannot be exceeded.
The new Local Housing Allowance should not affect supported housing schemes, as they should be exempt from the new regulations. In some circumstances, where you have a private landlord, it may be paid to you instead of Housing Benefit. If the Local Housing Allowance is below your actual rent, contactus for advice.
If entitlement to Income Support/Pension Credit is lost, Housing Benefit will need to be recalculated and a new claim is usually made. A stay in hospital will also affect the charges you pay for services, and Durham County Council’s Finance Teams should be informed.
Attendance Allowance/Disability Living Allowance (Care Component) and Income Support/Pension Credit Severe Disability Premiums are included as income in the assessment, but mobility component of Disability Living Allowance is not. Higher rate of DLA Care Component/Attendance Allowance will only be counted if you receive 24 hour services. If a regular amount of money is spent on items relating to a disability (e.g. incontinence pads, a heavy reliance on taxis or the need for a special diet), an amount can be disregarded in lieu. It is therefore worth thinking carefully about any disability related expenditure before the assessment is carried out. In some cases a ‘nil’ assessment can be made if a person has a low income or high outgoings. Similarly, large amounts of capital can produce a maximum charge. You should not be left with an income below your Income Support/Pension Credit allowance (not including the Severe Disability Premium) plus an additional 25%, or be expected to pay a charge of more than 75% of the rate for Residential Care.
If your rent includes ineligible items such as food and fuel, you will be expected to pay for these out of your protected income. Other housing costs, such as rent not paid by Housing Benefit (where restrictions are in place), should be allowed in your assessment. Seek advice from Welfare Rights if in doubt.
Once your tenancy begins, Welfare Rights are here to advise all tenants in County Durham’s supported housing sector. Finance Teams will initially assist with getting your benefit entitlements in place should you require help at that stage.
Supported Housing can take many forms, from accommodation-based support such as Adult Placements to Group Living Schemes and ‘floating support’, where visiting outreach workers or ‘on call’ support from an Emergency Alarm service are provided. Where accommodation is provided as well as services, rents tend to be more expensive than mainstream accommodation because most properties are either purpose built, specially purchased, feature costly adaptations or include a variety of service charges. With properly maximised benefits tenancies should be easily affordable, and hopefully the information provided here should prevent benefits from being underclaimed, giving tenants greater financial independence.
Attendance Allowance (Aged 65+)
Attendance Allowance is paid if you need supervision to avoid danger to yourself and others, and/or personal care. You must be over 65 to claim, and the Department for Work and Pensions decide whether or not you qualify. Claims are made n a self-assessment form, but the Department may arrange for a medical examination and/or request information from your GP or consultant. You get the higher rate £67.00 if you need supervision/help through the day and night. You get the lower rate £44.85 if you need supervision/help through the day or night. It doesn’t matter how much savings you have, and the allowance may be spent in any way you feel appropriate.Disability Living Allowance
If you are under 65, Disability Living Allowance is the equivalent benefit to Attendance Allowance. Unlike Attendance Allowance it includes an allowance for those with restricted mobility and an additional lower rate for personal care.Mobility Component
This is paid if you need help with getting around. You must claim before your 65th birthday, and your savings aren’t taken into account. Lower rate mobility (£17.75) is frequently paid to those with learning disabilities who require supervision outdoors in unfamiliar places and/or have a lack of road sense. For higher rate mobility (£46.75) you are required to be unable or virtually unable to walk before the exertion causes you to stop, or have entitlement to highest rate of Disability Living Allowance care component and exhibit severe behavioural problems resulting from ‘arrested or incomplete’ development of the brain.Care Component
Unlike Attendance Allowance, there are three different rates payable depending on your needs. These rates are £67.00, £44.85 or £17.75 per week.The lowest rate can be paid if you are unable to prepare a cooked main meal for yourself, or need about an hour’s worth of attention during the day. Advice about what to wear on a cold day, hygiene, checking water temperature when running a bath and ensuring that correct dosages of medication are taken are all examples of support that is not personal care but which is eligible assistance. Spread across a day it may well exceed an hour, and could give entitlement to middle rate. Middle rate can be paid for day or night needs, whilst highest rate is paid for a combination of both. As with Attendance Allowance, this benefit is not normally payable whilst in registered residential or hospital care for more than 28 days. Any entitlement to Disability Living Allowance (Care Component) or Attendance Allowance is suspended after 28 days in hospital or residential care, but can be reinstated on moving into a tenancy.
‘Underlying’ entitlement—an award that has been suspended during a spell in Residential or Hospital care—can be reinstated once you enter supported housing. A quick phone call to the Benefits Enquiry Line (0800 882 200) should suffice, or a short letter explaining your circumstances can be written to:
The Disability Living Allowance Unit
Warbreck House
Warbreck Hill
Blackpool
FY2 9YJ
Reinstatement of ‘underlying entitlement’ can only be effective from the next pay-day after the tenancy begins, assuming you have notified Blackpool simultaneously. A copy of your tenancy agreement will probably be needed as proof of your change of circumstances. A fresh claim form for Disability Living Allowance Care Component may be issued in these circumstances.
If you only ever had entitlement to DLA Mobility Component you can ask for your care needs to be re-assessed. All decisions carry appeal rights, but if your claim is supported by evidence from a GP or Social Worker then the chances of success are greatly improved.
Entitlement to higher or middle rates of Disability Living Allowance (Care), or any rate of Attendance Allowance, should trigger additional premiums of Income Support/Pension Credit and Housing Benefit/Council Tax benefits. If you need to appeal, Welfare Rights offer a full representation service.
Income Support
You can claim this benefit if you have less than £16,000 in savings, are under 60 and your income falls below a set level (worked out in accordance with personal allowances and premiums). Those over 60 will usually be expected to claim Pension Credit. Once in receipt of Income Support, your overall income is protected against the level that the law states you require to live on. The two examples below illustrate how awards can vary in different circumstances:- A tenant aged 40 lives alone, receiving the middle rate of Disability Living Allowance Care Component and nobody receives Carer’s Allowance for them. They will be paid Income Support if their income is below £136.70 per week. Disability Living Allowance is not counted as income, but Incapacity Benefit or Severe Disablement Allowance and any private pensions would. As long as the person lives alone and nobody is claiming Carers Allowance on their behalf, a Severe Disability Premium forms part of their allowance. Sharing the house with other tenants who are financially independent does not prevent entitlement, as it is only the claimant’s ‘household’ that is assessed.
- The same person with entitlement to Lowest Rate Mobility Component of Disability Living Allowance and no Care Component receives a smaller personal allowance and must have an income of less than £86.35 per week to qualify for any Income Support. Entitlement to Income Support (or Pension Credit) also allows you free prescriptions, automatic entitlement to full Housing Benefit and free long-term support services funded by the Supporting People programme.
Savings
Savings of less than £6,000 are ignored by the Department for Work and Pensions when calculating your Income Support entitlement. If you have between £6,000 - £16,000 an assumed income of £1 per week for every £250 or part of £250 savings is offset against your entitlement. E.g. £6,100 in the bank = £1 per week income. The rules for Pension Credit (see below) are slightly more generous.Pension Credit
The Guarantee element of the Pension Credit is worked out in much the same way as Income support, but offers more generous rules on savings. For every £500 in savings over £6,000, £1 per week is taken from your entitlement. There is no maximum savings/capital limit, but if you have a large amount of capital the ‘tariff income’ rules may give you a ‘nil entitlement’. The basic Guarantee for all people (before additional disability and carer’s premiums are added) is £124.05 per week for a single person and £189.35 for a couple.A Savings element is available from age 65 for qualifying claimants. It is intended to reward those who have made extra provision for their future, such as a private pension. There is a maximum savings credit of £19.71 per week for a single person (£26.13 per week for a couple) that cannot be exceeded.
Incapacity Benefit/Severe Disablement Allowance
These are benefits payable to people of working age who are incapable of work. In most cases, an award of any of these benefits will need to be topped up with Income Support. Severe Disability Allowance has been abolished for new claimants, but those under the age of 20 (or 25 if in education or training) with insufficient National Insurance contributions can claim Incapacity Benefit in Youth. Those above this age who have not been entitled from youth and do not have sufficient National Insurance contributions can claim Incapacity Credits via Income Support, subject to passing a Personal Capability Assessment. Note: The Personal Capability Assessment is to be replaced with a new test of incapacity from October 2008, but existing claimants are not likely to undergo the new test immediately.Housing Benefit
This is a means-tested benefit designed to cover certain eligible housing costs. Ineligible costs, such as board and fuel, will usually involve a separate payment to your landlord. Those receiving Income Support or Pension Credit (Guarantee) will qualify for full Housing Benefit, but ‘partial’ benefit can still be paid to those with excess income (up to a certain amount). In services funded by the Supporting People programme, charges will be waived to tenants receiving even a small award of Housing Benefit. Those not qualifying for Housing Benefit, other than owner-occupiers receiving Income Support, are charged under the Fairer Charging framework (see below). Claims are made via your District Council, though many landlords organise your claim when you sign up for your tenancy. Payments can be made directly to your landlord, preferred in most schemes. If your Housing Benefit is covering less of the eligible rent that you anticipated it is worth taking advice from our service.The new Local Housing Allowance should not affect supported housing schemes, as they should be exempt from the new regulations. In some circumstances, where you have a private landlord, it may be paid to you instead of Housing Benefit. If the Local Housing Allowance is below your actual rent, contactus for advice.
Council Tax Benefit and Discounts
Properties where all residents are certified by their GP as being ‘severely mentally impaired’ will normally be exempt from Council Tax. Where a carer is liable for the Council Tax bill and lives with a person who is severely mentally impaired, the ‘Invisible Adult’ rule will give a 25% ‘single person’ discount to the bill. Carers can themselves become ‘invisible’ under certain circumstances, depending on their relationship to the person cared for and that person’s qualifying benefits. It would be worth seeking further advice in case you are paying too much. Further Disability Reductions can move the property down by one Council Tax band if the home is significantly adapted to cope with the disabled person’s needs. Disability reductions need to be applied for by the person liable to pay Council Tax. If the property is a shared living scheme and is not exempted from Council Tax under the Severe Mental Impairment rules, the District Council may treat it as a House in Multiple Occupation. The landlord would then be liable for all Council Tax, though he may choose to pass it on to tenants in the rent, where it will be eligible for Housing Benefit.Hospital Admissions
Housing Benefit will normally remain in payment for up to 52 weeks while you are in hospital if your stay is expected to be temporary. Disability Living Allowance and Attendance Allowance are removed after 28 days, which can have an impact on means-tested benefits including Housing Benefit. This is because Severe Disability Premium ceases to be payable at the same time. Other disability premiums run-on for 52 weeks, as do benefits such as Incapacity Benefit and Retirement Pension.If entitlement to Income Support/Pension Credit is lost, Housing Benefit will need to be recalculated and a new claim is usually made. A stay in hospital will also affect the charges you pay for services, and Durham County Council’s Finance Teams should be informed.
Respite Care
A temporary stop in Residential or Nursing Care also affects your benefits. Attendance Allowance/Disability Living Allowance (Care) can only be paid for 28 days in this type of accommodation. The day that you enter care and the day that you leave don’t count towards your 28 days, but once you’ve passed the 28 day mark you need a 29 day period out of care to restore entitlement. A carefully pre-planned pattern of respite, if possible, will minimise the impact on your benefit entitlements.Charges
General Counselling and Support usually form a large part of the services provided in Supported Housing. If these services are funded under the Supporting People programme then they will be provided free to the tenant if Housing Benefit is in payment. For those not entitled to Housing Benefit, a ‘Fairer Charging’ assessment determines how much is paid. Support services are jointly assessed with any existing care package, so you may require a re-assessment if Housing Benefit is lost. The amount a person is required to pay will depend on their income and certain permitted outgoings.Attendance Allowance/Disability Living Allowance (Care Component) and Income Support/Pension Credit Severe Disability Premiums are included as income in the assessment, but mobility component of Disability Living Allowance is not. Higher rate of DLA Care Component/Attendance Allowance will only be counted if you receive 24 hour services. If a regular amount of money is spent on items relating to a disability (e.g. incontinence pads, a heavy reliance on taxis or the need for a special diet), an amount can be disregarded in lieu. It is therefore worth thinking carefully about any disability related expenditure before the assessment is carried out. In some cases a ‘nil’ assessment can be made if a person has a low income or high outgoings. Similarly, large amounts of capital can produce a maximum charge. You should not be left with an income below your Income Support/Pension Credit allowance (not including the Severe Disability Premium) plus an additional 25%, or be expected to pay a charge of more than 75% of the rate for Residential Care.
If your rent includes ineligible items such as food and fuel, you will be expected to pay for these out of your protected income. Other housing costs, such as rent not paid by Housing Benefit (where restrictions are in place), should be allowed in your assessment. Seek advice from Welfare Rights if in doubt.
Once your tenancy begins, Welfare Rights are here to advise all tenants in County Durham’s supported housing sector. Finance Teams will initially assist with getting your benefit entitlements in place should you require help at that stage.
This is information on your rights and responsibilities and is to be used as guidance and not legal advice. Information correct as of April 2008.
Supported Housing Apr 08.pdf (6 pages, 375kb)
