Crisis and Resilience Fund Policy (CRF) - Southend-on-Sea

Housing Payment

The Housing Payment (HP) provides financial support towards housing costs when the Authority is satisfied that an applicant requires further financial assistance with housing costs.

These payments can be made to claimants who are entitled to either:

  • Housing Benefit (HB), or
  • Universal Credit (UC) with housing costs towards rental liability

This includes Shared Ownership properties which carry a rental liability.

Entitlement refers to individuals who are in receipt of, or qualify for, one of the benefits outlined above but have not yet received payment

The main principles of the Housing Payment scheme are:

  • the claimant has no statutory right to a payment, the scheme is discretionary with all applications treated on their own merit
  • the level of payment will be decided by the Council and administered via the Housing Benefit system
  • the Housing Payment should in most cases be seen as a short-term emergency fund
  • the Council has the right to amend, suspend or cancel a Housing Payment when necessary or appropriate
  • the Housing Payment should be used to prevent homelessness, alleviate poverty, safeguard residents in their home, keep families together, provide time for tenants to re-asses their situation and support people trying to better their circumstances

Consideration of the below will be made in assessing each application and the amount of any award to be granted:

  • length of time of the award needed. HP will generally be seen as short term to give applicants time to reassess their situation and better their position, with most awards set for 3 months. However you could consider a longer period of award if for example it will tie in with an expected change of circumstances, it is reasonable given the below further considerations
  • the size of the shortfall that exists between what the applicant entitled to from Housing Benefit or rental costs through UC and the total costs that they are liable for
  • any social or health problems currently being faced by the applicant and/or their family - For example do they prevent applicant moving house or effect the type of housing available? Do they cause the claimant extra financial costs such as higher travelling costs or special dietary requirements?
  • any imminent changes which may affect the need for an award or level of award. For example is there going to be a change in the number of people in the household such as a pregnancy where a short award will assist until that time?
  • age should be considered in relation to other factors in the case. For example a pensioner could find it more difficult to move and settle than a younger person
  • are there young children of an educational age living in the property? The award of the HP should tie in with the academic school year to ensure that children are not displaced from their school environment wherever possible
  • the financial circumstances (income and expenditure, savings, capital and debts) of the household excluding the joint tenant. Noting you can consider some disregarded income excluding Disability Living Allowance/Personal Independence Payment/Attendance Allowance. You should look at total household income (including the whole value of the UC award), less total household expenditure (which the Authority deem reasonable), equals shortfall in income to consider for a Housing Payment award
  • is there danger of eviction and homelessness? Is there evidence that the applicant is finding it difficult to find a new property to move to? What efforts have they made? - Liaise with homeless placement team to ensure joint working and use own knowledge to assess what more affordable housing there is available. Can also consider the Housing rent deposit scheme would be more appropriate
  • what is likely to happen to the family if a HP is not awarded?
  • consider that the Payment on Two Homes regulations could help to cover a period of notice needed if the claimant must move, to avoid a need to extend the HP award. (Ensure that the claimant has moved into new property for that rule to be applied.). Also note that if Payment on Two Homes regulations apply due to temporary absence (for example fleeing domestic violence) and there is a shortfall on both rents the HP could cover both
  • are there any other fund/funding schemes available via Benevolent funds or charitable organisations that would be appropriate to use instead of a HP
  • are there any pre existing Housing Benefit or UC protections that could apply instead of an award of a HP
  • if the applicant has failed to claim benefits they are entitled to or deliberately delayed claiming this cannot be considered as good reason to need a HP, nor can any debt that in the opinion of the Council arises from the financial imprudence of the applicant

Housing Payment funding may be used for:

Rental deposits where the applicant is facing homelessness, fleeing domestic violence or affected by size criteria. Proof will be needed showing that moving from the current residential address to another address will be beneficial to the householder/family and will be at a more affordable level of rent. Note: May be paid direct to the landlord and evidence of tenancy take-up will be sought as well as agreement with the landlord for accepting the rent deposit. Note: Liaison with Housing Rent Deposit Scheme should be considered.

Shortfalls between housing support and actual rent, including those caused by:

Housing Payments may be made where the requirement for financial assistance does not arise from:

When the Housing Payment is being considered for rent costs, it should not exceed the weekly HB or UC Housing element. Consider the Court of Appeal's decision in R v. LB Lambeth, ex parte Gargett (see Appendix B).

The Council may seek recovery of an overpaid HP in certain circumstances, this being misrepresentation or failure to disclose a material fact, fraudulently or otherwise.

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