A brief presentation on ways of offsetting funding losses in housing related support services.

1. Funding the Gap
Danny Key:
Support Solutions
30th April 2013

2. Key Issues
What is exempt accommodation?
What is intensive housing
management/additional housing
management services?
Case law precedent
Communication systems/alarms in
designated older persons housing
Can communication systems/alarms
be funded?

3. Exempt Accommodation
Exempt Accommodation is exempt from Universal
Credit – Exempt Accommodation tenants will have
the housing component of their benefit administered
at local level under the existing HB Regulations
Exempt Accommodation is exempt from Bedroom
Tax
Exempt Accommodation is exempt from Benefit Cap
Therefore important for landlords and support
providers to establish accommodation for vulnerable
people as exempt accommodation

4. What is Exempt Accommodation?
Non-profit organisation (County Council,
Registered Provider*, Voluntary Organisation or
Charity)
Must be landlord - legal interest in
accommodation (ownership or lease), and….
….where “care, support and supervision” is
provided………
………….by or on behalf of the Landlord
Level of Benefit not restricted if exempt
accommodation status achieved

5. Exempt Accommodation
What about agency managed schemes, are
these exempt?
What about designated older persons housing?
Two Fundamental questions
….is care, support and supervision provided
by or on behalf of the landlord?…and
…..is the provision of care, support and
supervision more than minimal?
Exempt Accommodation definition
changing….see letter from Lord Freud

6. Exempt Accommodation – case law
Case law suggests;
not exempt accommodation where care and
support provided by managing agent/support
provider under a contractual relationship with
commissioner (may not matter soon!)
support provided does not have to be all, or
majority of support provided
does not have to be commissioned
support can be made available whereas care
has to be actually be provided


7. Exempt Accommodation – case law
Case law suggests;
there does not have to be a charge levied for
provision of support (although this helps)
it must be case that the tenant may require the
support that is made available or provided

8. Intensive/Additional Housing
Management (IHM/AHM)
What exactly is AHM?
 ordinary housing management functions, i.e. lettings, tenancy
sign ups that are more intensively provided due to the needs
of the tenants
 Additional housing management functions due to the nature of
the tenant group and the accommodation (assessments,
health and safety, property checks, HB claims, administration
relating to housing management requirements etc.)
 Housing Management functions linked to communal areas and
the provision of systems, i.e. testing of door entry, CCTV and
alarms, re-provision of furniture and equipment etc.

9. Intensive/Additional Housing
Management (IHM/AHM)
Judge Turnbull Legal Precedent
Bristol CC v AW [2009] UKUT 109 (AAC) – satisfactory
test for determining support is more than minimal is to
ask whether support provided likely to make a real
difference to the claimant’s ability to live in the property
Why refer to support when defining IHM?
Judge Turnbull Legal Precedent continued;
R(H) 6/08, R(H) 4/09 – ‘Support’ involves the landlord
doing more than, or different from, the exercise of its
ordinary property management functions

10. Intensive/Additional Housing
Management (IHM/AHM)
Chorley BC v IT (HB) [2009] UKUT 107 (AAC) –
support not confined to counselling, advising,
encouraging etc. ‘the carrying out of repairs which
clearly go beyond ordinary housing management can
amount to support’
AHM can therefore be sufficient to qualify as
exempt accommodation! (based on case law
precedent)
Accommodation based low level tenancy
sustainment and floating support services can be
exempt accommodation

11. Exempt Accommodation and AHM
outcomes
A good way of funding prevention & taking
pressure off statutory services
Creating Exempt Accommodation
scenarios is a good idea:
For tenants: service levels maintained
Providers: income levels maintained
Local Authorities: recover amounts paid
through HB from the DWP

12. Reactive Communication Systems
Provision of emergency alarms are ineligible
to be met by Housing Benefit – Schedule 1 of
HBR 2006 and UC Regs 2013
Fewer LA HB decision makers are funding
any part of the emergency due to linked
system
Fewer Commissioners funding hard wired
alarms

13. Proactive Communication Systems
Non emergency communications systems
are now established
Positive Outcomes
Proactively communicating with residents to
ensure safety of accommodation and
individuals 365 days a year
More efficient deployment of staff time
Resident news messages and emergency
messaging

14. Funding Additional Housing Management
and Communication Systems
Non emergency communications systems can
be defined as a form of intensive housing
management required due to the nature of the
tenant group
Service Charges?
HB Regs 2006 – communication system not
specifically established as ineligible
HB Regs 2006 – service must be connected to
the provision of adequate accommodation

15. Funding Additional Housing Management
and Communication Systems
Case Law suggests that decision maker
must take into account the nature of the
tenant group when determining whether
service is connected with the provision of
adequate accommodation – CIS
1460/1995

16. Funding Additional Housing Management
and Communication Systems
Rent?
Any form of housing management should sit within
the rent
Barrier to doing this…………..rent restructuring for
registered providers
HCA has confirmed that additional housing
management costs incurred in providing
supported/older persons accommodation can be
included within gross rent separately to net target rent
This element would be ignored when assessing rent
levels in line with HCA rent standards

17. Outcomes
Preventative
Efficient
Value for Money

18. Questions?

19. Our Contact Details
Media House
3 Drayton Road
Birmingham
B14 7LP
Tel: 0845 271 3080
www.supportsolutions.co.uk
info@supportsolutions.co.uk
Twitter @suppsolutions
www.facebook.com/SupportSolutionsLtd?sk=wall
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