Benefits Service Policy
and Strategy
WEALDEN DISTRICT COUNCIL
Benefits Service
May 2017
BENEFITS SERVICE POLICY and STRATEGY
POLICY OBJECTIVES
1 The Benefits Service ensures
that those entitled to benefit or council tax reduction receive it promptly
that the amount paid is the right amount, to the right person at the right time
choices are offered wherever possible including to other welfare benefits and financial
help
that users are consulted on the way service is delivered
it is accessible to everyone in our community
that users are advised on and encouraged to make claims for other state benefits and
financial assistance including Universal Credit and Council Tax Reduction (CTR)
recovery of overpaid benefit where appropriate
that clear performance targets seek continuous improvement
support for the Council’s mission, corporate objectives and values
POLICY STATEMENT
2.1 The Council strives to provide an effective and secure Housing Benefits (HB) and
Council Tax Reduction service (Benefits Service), operating efficient procedures in
accordance with all regulations and best practise. Failure to do so can result in customers
being discouraged from seeking employment, or putting their housing at risk.
2.2 The Council strives to provide an effective, efficient and secure service by ‘getting it right’
– benefit should be maximised and correct from day one, ‘keeping it right’ – ensuring
payments are adjusted as circumstance change and ‘putting it right’ – detecting when
payments go wrong and taking prompt action as appropriate to correct them.
2.3 The Council ensures the right amount of benefit is paid by providing appropriate regular
ongoing training to staff maintaining claims; by quickly actioning changes to the HB/CTR
Rules and Regulations; and by regularly testing the IT packages used to calculate and store
data relating to claims. We also check claims for accuracy and act on the results. Paying
incorrect benefit or council tax reduction results in either over or underpayments of
entitlement, both of which cause inconvenience to claimants and the Council.
2.4 The Council ensures the right claimant is paid by adopting the government’s guidance on
risk based verification to verify all information provided by claimants; and by investigating
and reporting referrals from any source relating to potential fraud – See Counter-Fraud
Policy and Strategy. Making payments incorrectly to claimants reduces the overall value of
HB/CTR that can be provided to legally and correctly entitled claimants.
2.5 The Council ensures benefit and council tax reduction is paid at the right time by
constantly reviewing its working practices and processes to refine procedures; and by
adjusting claim maintenance resources in response to work pressures. Making payments
late can detrimentally affect relationships between tenants and landlords, thus reducing the
effectiveness of benefit to help provide secure accommodation for all households.
2.6 The Council consults with users and stakeholders of the service to determine how they
prefer the service to be delivered, and to offer choices wherever possible. The Council
cannot claim to provide an effective Benefits Service without understanding and taking into
account the comments and suggestions made by its users.
2.7 The Council will strive to ensure that all service users can access the service,
irrespective of disability, language, age and learning. Whilst CTR is a discount, HB is a state
benefit payable as of right to eligible claimants, and the Council is especially concerned that
no-one fails to receive help towards providing decent and secure accommodation.
2.8 The Council seeks maximum recovery of overpayments, taking into account the
guidance provided by the Department for Work and Pensions (DWP), relating to the rate of
recovery for different claimant circumstances – See Overpayments Policy and Strategy.
Attempting to recover overpayments at inappropriate rates promotes resistance to the debt,
resulting in costly administrative procedures and avoidable anxieties amongst already
vulnerable members of the community.
2.9 The Council will identify service users who might be entitled to other state benefits
including Universal Credit and will encourage them to make claims. Many millions of pounds
of benefit entitlement go unclaimed each year and it is important to the Council that it’s
residents maximise their income. This policy supports the government’s anti-poverty strategy
and the Council’s corporate objectives
2.10 All targets are continually reviewed with a view to improving performance across the
Benefits Service, maintaining or improving customer satisfaction levels and providing value
for money.
2.11 The Council will review this policy every year.
Last reviewed and published May 2017
STRATEGY
3 Background to the Benefits Service
3.1 Housing Benefit is a state benefits administered by Local Authorities (LA’s) on behalf of
the Department for Work and Pensions (DWP). The details of the schemes are contained in
the Social Security Administration Act 1992 (amending earlier legislation) and consequent
regulations contained in The Housing Benefit Regulations 2006 and the Housing Benefit
Regulations (State Pension Credit) Regulations 2006.
3.2 Council Tax Reduction is a discount from Council Tax available to all residents within the
District on a low income including those in receipt of benefits. Full details of the scheme for
the 2017/2018 financial year are at
http://www.wealden.gov.uk/Wealden/Residents/Benefits_and_Council_Tax/Council_Tax/Cou
ncilTax2017/Benefits_Council_Tax_Reduction_Scheme_2017_to_2018.aspx
The details of the scheme are contained in:The Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations
2012 (SI 2012/2885) and The Council Tax Reduction Schemes (Default Scheme) (England)
Regulations 2012 (SI 2012/2886) were made on 16 November 2012, and laid before
Parliament on 22 and 23 of November 2012 respectively.
This instrument, the Council Tax Reduction Schemes (Prescribed Requirements and Default
Scheme) (England) (Amendment) Regulations 2012 (SI 2012:3085) has now been laid
before Parliament. This follows through on the government’s stated intention to increase
some of the allowances in the Prescribed Requirements and Default Scheme in line with the
Department for Work and Pensions’ up-rating of Housing Benefit following the Autumn
Statement.
The Prescribed Requirements regulations prescribe requirements for all local Council Tax
reduction schemes and came into force on 27 November 2012.
Please note for Prescribed Requirements:
Schedules 1 to 6 apply to pensioners (as defined) only
Schedules 7 to 8 apply to all applicants (ie working age and pensioners)
The Default Scheme Regulations contain provisions about applicants in receipt of an award
of universal credit, and we will be publishing a further guidance note on this approach, with
worked examples.
3.3 Housing Benefit is available to help low income tenants (council and privately owned)
and Council Tax Reduction is available to help liable taxpayers pay their council tax. It is
means-tested and the amount payable depends not only on the regulations and the locally
approved Council Tax Reduction scheme but also on the amount of rent and council tax
liability, the claimant’s household, income, capital, age and any disability circumstances.
3.3 An effective Benefits Service must develop procedures to receive, calculate and pay
benefit and council tax reduction; to recover any overpaid benefit; and to prevent and detect
any fraudulent claims for benefit.
3.4 The Council has the following suite of policies setting out its objectives and strategies to
achieve an effective Benefits service:-
Benefits Service Policy and Strategy Claim Maintenance Policy and Strategy
Overpayments Policy and Strategy Counter-Fraud Policy and Strategy
3.5 Operational procedures relating to the different strategies described in these policies are
contained in a variety of issue-specific procedures, training course materials and meeting
minutes.
4 Summary of strategic elements
Section 5 – Legal duties - apply all legislation relating to HB/CTR
Section 6 – Right amount of benefit – ensure the Council makes accurate decisions
Section 6 – Right amount of benefit – action changes to the HB/CTR Regulations quickly
Section 6 – Right amount of benefit - test the HB/CTR IT system used to calculate and
store data
Section 7 – Pay the right claimant - adopt the government’s guidance on verification to
verify all information provided
Section 7 – Pay the right claimant – investigate allegations relating to potential fraud,
from any source
Section 8 – Pay at the right time - constantly review working practices to refine
procedures
Section 8 – Pay at the right time - adjust claim maintenance resources in response to
work pressures
Section 9 – Service users – consult users of the service to determine delivery choices
Section 9 – Service users – provide an appropriate and accessible Benefits service to all
users
Section 10 – Overpayment recovery - seek maximum recovery of benefits overpayments
Section 11 – Benefit and Council Tax Reduction Take-up and Income Maximisation
Section 12 – Performance Targets and Monitoring
STRATEGIC ELEMENTS
5 Legal Duties
Apply all legislation relating to HB/CTR
5.1 The following main primary and secondary legislation govern the administration of
HB/CTR
Social Security Contributions and Benefits Act 1992
Social Security Administration Act 1992
Housing Benefit Regulations 2006
Housing Benefit (State Pension Credit) Regulations 2006
The Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations
2012.
The Council Tax Reduction Schemes (Default Scheme) (England) Regulations 2012 (SI
2012/2886)
Council Tax Reduction Schemes (Detection of Fraud and Enforcement)(England)
Regulations 2013.
The Prescribed Requirements regulations prescribe requirements for all local Council Tax
reduction schemes and came into force on 27 November 2012.
Please note for Prescribed Requirements:
Schedules 1 to 6 apply to pensioners (as defined) only
Schedules 7 to 8 apply to all applicants (ie working age and pensioners)
The Default Scheme Regulations contain provisions about applicants in receipt of an award
of universal credit.
5.2 The HB Regulations/CTR Regulations/Locally approved scheme cover the following
specific aspects of delivering a Benefits Service
General
Provisions affecting entitlement to HB/CTR
Payments in respect of a dwelling
Membership of a family
Applicable Amounts
Assessment of income and capital
Students
Amount of benefit
Calculation of Weekly amounts and Changes of Circumstances
Claims
Decisions on questions
Payments
Overpayments
Miscellaneous and Information
Fraud
5.3 In summary, LA’s administering benefits are under a legal duty to:-
establish if a claimant is liable to pay rent or council tax
decide the value of rent or council tax liability for benefit and reduction purposes
identify all members of a claimant’s family and household
calculate the claimant’s Applicable Amount
assess the value of income and capital for benefit and reduction purposes
ensure that claims are legally made
respond to requests for reviews or valid appeals of HB/CTR decisions
pay the correct amount to the payee
accurately identify and calculate overpayments of HB/CTR
5.4 Operational procedures provide for each legal duty to be implemented. Various internal
and external auditors inspect the Benefits Service regularly to ensure compliance with each
legal duty.
6 Right amount of benefit
Ensure the Council makes accurate decisions
6.1 The Council has sound and comprehensive mechanisms to ensure the quality of
Benefits Service work through regular training of staff, and through the Management Check
Procedure.
6.2 The overall work of the Benefits Service is independently monitored by Internal Audit to
provide assurance to the Council that procedures are adequate, appropriate and can be
audited for financial probity.
6.3 Decision makers and Benefit staff involved in the assessment process receive training
and refresher training throughout the year in response to Circulars issued by the DWP, best
practice guidance issued by any government department, benchmarking intelligence that
suggests good practice, responses to complaints, errors found through the Quality Checking
Procedure and changes in the HB Regulations/CTR Regulations and locally approved
scheme. Professional qualification training is also available.
6.4 Training is provided via dedicated subject training courses, individual training sessions,
team training sessions and by Senior Benefits Officers, Team Leaders, specialist officers or
external training providers.
6.5 Operational procedures provide for the regular quality control of work undertaken within
the Benefits Service. Errors made by decision makers are brought to their attention, and
amendments are made to their decisions when the reason for the error has been
understood. Decision makers are provided with the opportunity to discuss any error identified
to reinforce their knowledge.
6.6 Internal Audit has an annual plan to monitor the work of the Benefits Service. Any
recommendations made in their reports are actioned within timetables accepted by them.
Action changes to the HB/CTR Regulations quickly
6.7 Operational procedures include awareness training of all regulation changes through
team meetings. Those changes requiring in-depth training are identified and training material
prepared and presented – see 6.4 above. Those changes requiring procedural changes only
are discussed by the Local Taxation and Benefits Manager, Benefits Team Leaders, Senior
Benefits Officers and the Standards and Improvement Officer and new procedures agreed
for adoption.
6.8 Benefits Managers regularly clarify regulations changes with the DWP and the CLG, and
discuss interpretation of new law with practitioners including with other LA’s at regular
meetings of East Sussex Finance Officers Association (ESFOA) and the Institute of
Revenues, Rating and Valuation (IRRV) Forums.
6.9 The HB/CTR IT system supplier receives prior notice of major changes to regulations,
and discusses implications with the DWP and CLG before specifications are written for
agreement by the User Group. Other requested changes are discussed at the User Group at
which the Council has permanent representation looking after the interests of the Council’s
Benefits Service.
Test the HB/CTB IT system used to calculate and store data
6.10 The HB/CTR Regulations change constantly, requiring updates to software several
times each year. The Council uses experienced staff to test all software before it is applied
to the ‘live’ system. Any errors found are reported to the supplier who rewrites the software
prior to ‘live’ loading.
6.11 The main change occurs with effect from April each year, when the government uprate
all benefit values, and testing is completed during February to ensure that changes are
applied accurately in a timely manner.
6.12 Any errors found in the ‘live’ system are reported immediately to the supplier and a
priority rating is jointly agreed and applied to the error. The rating affects the timescale to
receive revised software, and contingency plans are made to maintain claims in the
meantime.
7 Pay the right claimant
Adopt the evidence requirements to verify all information provided
7.1 The guidance on evidence requirements (risk based verification) is designed to prevent
and detect fraud entering the HB/CTR system – see Counter-Fraud Policy and Strategy.
7.2 The guidance sets out the information that must be collected and verified before benefit
or reduction is paid. It specifies the minimum standards of evidence required based on risk
and the checks that must be made during the life of a benefit claim.
Investigate allegations relating to potential fraud, from any source
7.4 Allegations about potential fraud are received from the following sources:-
decision makers in the LA
decision makers at Jobcentre Plus
the Pension Service
staff in other Wealden council sections – eg Housing and Local Taxation
staff in other LA’s – particularly those with whom we share borders
Her Majesty’s Revenue and Customs
the Housing Benefit Matching Service
anonymous residents in Wealden
proactive investigations by Investigations Officers
via the National Fraud Initiative (NFI)
via the dedicated fraud reporting hotline
via data matching
7.5 All allegations of fraud and referrals from any of the above sources are investigated. All
Fraud against the council should be reported to the Counter Fraud Team, we will review it in
case it is linked to existing or potential further Fraud ( Housing or other departments or we
have previously investigated for another department). Housing Benefit Fraud is investigated
by the Single Fraud Investigation Service (FES).
7.6 Operational procedures ensure that where fraud is either admitted or considered certain
the following sanctions can be applied – see Counter-Fraud Policy and Strategy:-
Formal Caution – whereby the claimant is legally ‘cautioned’ and the details of the
caution can be used in any future prosecution of the claimant under the same legislation
Administrative Penalty – whereby the claimant pays a fine of 50% of the fraudulent
overpayment of benefit, and details of the penalty can be used in any future prosecution of
the claimant under the same legislation
Civil Penalty – a financial penalty for failure to inform of a change of circumstances such
as no longer entitled to Council Tax Reduction.
Prosecution – whereby the claimant is prosecuted in Court and a judgement is made as
to guilt or otherwise, and any consequent sentencing
8 Pay at the right time
Constantly review working practices to refine procedures
8.1 The complexity of the HB/CTR Regulations provides many opportunities to revise, review
and rewrite procedures to achieve the same objective. Networking, best practice guides and
responding to errors and complaints often reveal different ways to organise and process
claims. Good ideas are discussed with Benefit staff with a view to adopting them within the
Benefits Service.
8.2 Most Managers’ Meetings include agenda items to refine existing procedures where
inadequacies are identified either by Benefits Managers or Team Leaders, decision makers
or customers. Only those procedural changes that reduce time spent on that issue without
compromising accuracy or customer service are adopted.
Adjust claim maintenance resources in response to work pressures
8.3 The implementation of new HB/CTR Regulations occasionally increases processing
times for claims resulting in a build-up of outstanding work. These are regrettable. In some
cases they can be predicted using historical performance data, but this can underestimate
the impact on workload, customer understanding and decision maker training requirements.
8.4 The Council aims to minimise the effect of a build-up of work by proper management of
resources and by increasing availability of resources where appropriate. Any spend on
additional resources is carefully considered in respect of budgetary constraints and the need
to deliver value for money for the residents of Wealden District Council.
8.5 Every April the government uprate the financial elements of all state benefits in line with
either Retail Price Index or average incomes data. At the same time the Council adjusts its
Council Tax and Council Rent liabilities. Many private landlords and Registered Social
Landlords (RSLs) also review rents with effect from April each year. Since every claim is
recalculated as a result, software programs are installed to ensure that changes are
automatically made in time, and are accurate.
9 Service users
Consult users of the service to determine delivery choices
9.1 The Council attends the following at which users of the Benefits Service are presented
with information about which they are invited to comment, state preferences and influence
the way the service is delivered
Wealden Housing Management Group
Liaison meetings with The Pension Service and Jobcentre Plus.
Liaison meetings with CAB and other voluntary bodies.
9.2 The Council produces a newsletter “For Your Benefit” twice-yearly. This is issued online
so that benefit customers, Members and other stakeholders. The purpose of the newsletter
is to provide up to date advice on HB/CTR issues, changes to other state benefits, levels of
current performance against targets and to give details on other matters of potential interest
to customers, for example the avoidance of fuel poverty.
9.3 The Council produces a magazine for its tenants, “Threshold”. The Benefits Service
contributes articles for this and gives up to date advice on HB/CTB issues, changes to other
state benefits, levels of current performance against targets and gives details on other
matters of potential interest to customers
9.4 The Service contributes articles to "Wealdlet", a newsletter for private landlords. This is
distributed to all landlord and RSL customers of the Benefits Service and landlord contacts
of Housing Services Private Housing team.
9.5 The Service consults with service users and their representatives when providing
Benefits Awareness Training. All service users, stakeholders and other interested parties are
encouraged to comment on the Service and to give their preferences for the methods of
service delivery.
9.6 In 2017, the Service will write a consultation strategy, taking into account corporate
objectives, area demographics and other statistical information that will inform the Service's
consultation activities. This will be a three year strategy.
Provide an appropriate and accessible Benefits service to all users
9.7 The Benefits Service provides a web-based calculator for customers and potential
customers to check possible entitlement to benefits and/or council tax reduction before
making a claim. We plan that in 2017 this calculator will also include entitlement to Universal
Credit.
9.8 The Benefits Service provides an online Benefit Claim Form at
https://wealdenclaims.teamnetsol.com/index.jsp, as well as the ability to advise the Benefits
Service of any changes in circumstances online at
9.9 The Benefits Service aims to treat people fairly and to provide equal access to the
Service for all users, taking account age, race, language, disability or learning. This is
achieved by providing the following:
telephone lines are open from 8.30am to 5.00pm every day apart from Wednesday when
they open at 9am
out-of-hours voicemail service
office opening to the public from Monday to Friday
private facilities for visitors requesting a confidential interview (please request in advance
to guarantee the appointment)
timed appointments on request
DDA complaint office facilities
access to the telephone team via Minicom
the services of a British Sign Language interpreter at interviews with claimants or
landlords
home visiting service for those unable to visit the offices
translation services provided on request and by appointment
9.10 The Benefits Service has carried out Equality Impact Assessments. These are
produced and reviewed regularly. Any action needed is described in an action plan or in the
Service's improvement plans. This ensures the Service complies with it's duty to provide
equal access and that it does not unintentionally or intentionally discriminate against service
users.
10 Overpayment recovery
Seek maximum recovery of benefits overpayments – see Overpayment Policy &
Strategy
10.1 Operational procedures ensure that when benefit is longer in payment the total
repayment is requested when the overpayment is created, with instructions on how to
negotiate an instalment profile if required. Debtors are encouraged to discuss the recovery of
the overpayment if their circumstances change and they face unexpected financial pressures
10.2 When benefit remains in payment, the deductions from continuing benefit will be set
according to DWP guidance and the benefit regulations. Debtors are encouraged to discuss
reduced deduction amounts if their circumstances change and they face unexpected
financial pressures. They may also choose to pay higher instalments. In some cases where
the overpayment amount exceeds £1000, an increased deduction may be applied, up to the
maximum allowed by law.
10.2 Legal recovery action will not start without giving the debtor an opportunity to reach a
mutually acceptable agreement. The Council will take legal action where agreement is not
reached and where the debtor has been assessed as having the means to repay the debt.
10.3 Appropriate enforcement action to recover the debt will be taken provided that
Regulations with a decision that recovery is fair and reasonable
(Schedule 8 of the State Pension Credit Regulations), and given their rights to request a
review or appeal against overpayment decisions
Tribunal Service.
dispute as to the amount or cause of benefit overpaid
efforts to secure regular payment have failed
11 Benefit Take-up
Income maximisation
11.1 The Benefit Service will identify service users who might be entitled to other state
benefits and will encourage them to claim by providing advice and sufficient information
about the amount of possible entitlement, where and how to make a claim and will assist
with making a claim if necessary.
11.2 The Benefits Service will give information about other state benefits in it’s half yearly
newsletter, “For Your Benefit” and via the Council’s “Threshold” magazine issued to tenants.
The Benefit Service will work in partnership with The Pension Service, the local Jobcentre
Plus office, Citizens Advice Bureaux and other voluntary organisations to facilitate take-up
campaigns.
11.3 In 2017, the Service will write a take-up strategy, taking into account corporate
objectives, area demographics and other statistical information that will inform the Service's
take-up methodology and to whom activities will target. This will be a three year strategy.
12 Performance Targets and Monitoring
Set challenging and realistic performance targets
12.1 The Service measures its performance against a range of national and local
performance indicators shown in the Corporate Plan. The Benefits Service reviews all
targets annually to ensure they remain relevant to service users.
12.2 Each year a target is based on previous years’ performance and known issues affecting
potential performance in the following year. Previous years' performance and the new
targets are discussed as part of the staff appraisal process. This ensures all staff are aware
about how their work contributes to the Council's overall objectives, including through their
individual appraisals. This is commonly known as the 'Golden Thread'.
Monitor performance and report to Members
12.3 Performance is monitored regularly and will be analysed to explain deviation from
expected outcomes. Performance monitoring methods and procedures are to be reviewed
regularly.
12.4 Monthly reports on performance including against national indicators (where applicable)
are shown on the Council’s Corporate Performance System.
12.5 Quarterly reports on performance against national indicators are provided for Cabinet
and Internal Scrutiny Committee in the Quarterly Performance Management reports.
12.5 Performance against all indicators is published on the Council's website.