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Specified Supported Accommodation and Houses of Multiple Occupation

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Housing Benefit Claims and Awards for Specified Supported Accommodation

With immediate effect the Council is;

  • increasing the level of scrutiny given to establishing the –
    • financial status of –
      • Providers of Specified Supported Accommodation;
      • where the accommodation is leased, the superior landlord, taking into account the relationship of the Directors to the Provider of the accommodation;
      • any third-party care Provider, taking into account the relationship of the Directors to the Provider of the accommodation;
    • care and support needs of the tenants;
    • level and standard of care, support or supervision provided;
    • funding arrangements to cover the costs of care, support or supervision that is not eligible for Housing Benefit
  • increasing the scrutiny and verification of Housing Benefit claims and awards for Specified Supported Accommodation.

This approach may impact on the time taken to assess Housing Benefit claims and any rent increases, but in order to comply with its duty to protect the public finances, the Council sees that increased scrutiny of landlords in this space is unavoidable.

Provision of Information and Evidence

The Council will require the following information and evidence in order to process a claim for Housing Benefit; –

  • evidence that the Provider Landlord operates as a not-for-profit entity; copies of the Company’s –
    • full accounts;
    • Articles of Association;
    • Asset Lock where one exists (mandatory for a Community Interest Company);
  • where inconsistencies are found the Council may request a copy of the Company’s bank transactions in the form of a CSV file;
  • copy of the lease agreement between the Provider Landlord and the Superior Landlord (lease-based schemes only);
  • copy of the licence agreement or tenancy agreement between the Provider Landlord and the tenant;
  • copy of the contract between the Provider Landlord and the Care Provider, where they are different,
  • evidence;-
    • that a care needs assessment has been carried out for each tenant by a qualified professional;
    • that a care plan exists for each tenant;
    • of how the care, support, or supervision provided costs are funded if not eligible for Housing Benefit;
  • the following information regarding the staff providing the care, support or supervision;-
    • job descriptions of the staff providing care, support or supervision;
    • the number of hours each carer works;
    • the number of and addresses of the schemes each carer covers;
    • how many dwellings within each scheme covered by each carer;
    • the number of residents each carer takes care of;
    • how many times per week care is provided, and
    • for how long care, support or supervision is provided on each occasion.
  • a full and detailed breakdown of the core rent charge (net of service and support charges), how the item costs have been forecast or decided upon with reference proofs e.g. receipts, bills, contracts to be provided;
  • a full list of service charges with details of the service provided, by whom and for how long each week;
  • a full list of support charges with details of the support provided, by whom and for how long each week;

 

Visiting Supported Housing Schemes

The Council will visit all Supported Housing schemes where claims for Housing Benefit are received to ascertain; –

  • the occupation of the resident;
  • the condition and quality of the accommodation and whether standards are met under the Supported housing: national statement of expectations.
  • the adequacy of the care, support or supervision provided and whether it is actually provided as per the terms of the licence / tenancy agreement
  • that the care, support or supervision provided is actually needed;
  • the resident’s feelings about their housing and the quality and quantity of care, support or supervision provided or not provided;
  • whether all the elements of rent, services and support as stated on the Housing benefit claim are accurate, e.g. where there is a charge for gardening that a garden actually exists at the property.

 

An initial visit will be made prior to the assessment and first payment of the claim and again during the period of the Housing Benefit award;

Visits will be conducted by multiple sections within the Council and possibly external partners on behalf of the Council.

Additional security checks

  • checking the Company registration and any linked organisations with Companies House and other fraud prevention tools available to the Council;
  • checking the Company Directors and any links with other with Companies House and other fraud prevention tools available to the Council
  • where deemed necessary, use of forensic accounting experts to deep dive behind the company’s financial trail.

This list is not exhaustive, and further steps may be taken.

 

Council’s Right to Request Information and Evidence

Any request for information is made under –

  • Regulation 86, Evidence and Information, of the Housing Benefit Regulations 2006 where the claim or award relates to a person of working age; or
  • Regulation 67 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006.

“a person who makes a claim, or a person to whom Housing Benefit has been awarded, shall furnish such certificates, documents, information and evidence in connection with the claim or the award, or any question arising out of the claim or the award, as may reasonably be required by the relevant authority in order to determine that person’s entitlement to, or continuing entitlement to, Housing Benefit and shall do so within one month of the relevant authority requiring him, or the Secretary of State requesting him, to do so or such longer period as the relevant authority may consider reasonable.”