Guidance

LA Welfare Direct 11/2021

Updated 20 December 2021

1. Contact

Queries about the:

• technical content of this bulletin, contact details are given at the end of each article
• general content and distribution of this bulletin, contact lawelfare.correspondence@dwp.gov.uk

2. Who should read

All Housing Benefit (HB) staff

3. Action

For information

4. Editorial

It falls to me to write the covering note for LA Welfare Direct this month.

As you may be aware, at the height of the pandemic, we shifted our focus from Housing Benefit (HB) Performance Management to focus on business continuity and resilience. As we are returning to some form of normality, we are starting to look again at performance whilst recognising that this is still impacted by many things; not least the administration of test and trace self-isolation payments.

The Speed of Processing statistics were published on 27 October 2021. The previous quarter had seen some plateauing of performance but the most recent quarter shows a deterioration as you will see in the article to follow. We (the Local Authority Partnership, Engagement and Delivery (LA-PED) division) obtain raw data on a more timely basis. This along with the intelligence we pick up from our regular calls to services gave us advance notice that there was some strain in delivery at present. This is something we will continue to keep an eye on.

We are starting to look at arrangements for the Housing Benefit Award Accuracy Initiative for the next financial year whilst interrogating the data we have for this year from those local authorities (LAs) who have opted in. We are still finding quite a few anomalies in the data and quite a few blanks. Most LAs have downloaded the software which allows automated collection of data on HB Matching Service reviews via SHBE (Single Housing Benefit Extract) but take up is still not where we need it to be. Ideally, we want to stop the clerical data gather so would really appreciate greater use of this and, ideally, for all LAs to have it for next year.

As we switch services back on, including Interviews Under Caution, we will let you know as soon as we can. We still aim to let LAs know as much as possible about funding next year by this December and will continue to strive for this to give some sort of planning certainty. It is unlikely we can give a three-year funding settlement at this point but we recognise the need for as much information as possible for planning purposes.

As always, a huge thank you to everyone who delivers HB; keeping a roof over millions of people’s heads.

Clare Elliott
Head of Local Authority Partnership, Engagement and Delivery division

5. Housing Benefit Award Accuracy: Capita systems only

1. Following the article in July’s LAWD7/2021 bulletin about Capita’s system functionality to supress SHBE records, a number of LAs asked the Performance Development Team for clarification about the continued use of Capita’s unique facility to allow the suppression of the recording of change information from the SHBE file.

2. These requests for clarification were based on guidance provided in HB Adjudication circulars relating to old fraud and error initiatives. Therefore, we can confirm that the existing SHBE guidance supersedes these circulars.

3. The current SHBE Guidance on ‘T’ Records (Changes of Details) states:

• a ‘T’ record should be completed for all changes where a decision is made, including those which do not affect the claimant’s entitlement. Each extract should contain information about all such changes where the local authority has superseded a decision or revised an earlier decision since the last Extract was taken

4. Therefore, a ‘T’ record should be completed for all changes where a decision is made. This will indicate that there has been a change to the claim since the last SHBE extract and should include all those claims where anything has changed (such as, the number of dependents or address, for example). The result of the change may not produce a change to the weekly benefit entitlement but it is important that a ‘T’ record is produced.

5. So, to clarify, LAs should always refer to the SHBE Guidance (which can be found on Glasscubes) for any information regarding SHBE entries.

6. If you have any questions about the content of this article email lawelfare.pdt@dwp.gov.uk.

6. Breathing Space contact details for LAs

7. As previously advised, Breathing Space launched on 4 May 2021. It has now been successfully embedded within the Department for Work and Pensions’ (DWPs) routine business for both Debt Management and Third-Party Deductions (TPDs).

8. Therefore, from 2 November 2021, any queries LAs may have regarding Breathing Space processes for notifying DWP in relation to Debt Management and TDPs should be emailed to lawelfare.laliaisonteam@dwp.gov.uk. For any wider queries about Breathing Space LAs should refer to the Insolvency Service or HM Treasury.

9.We ask that this information is cascaded within each authority as appropriate.

7. Reminder: Payment Deduction Programme partial reconciliation conference call

10. LA-PED is holding a conference call for LA staff involved with the Payment Deduction Programme.

11. As you may be aware, LA-PEDs Performance Development Team undertook an end-to-end review of the Payment Deduction Programme and is working with Debt Management and other colleagues to resolve any issues that arose.

12. The purpose of this call is to discuss the next steps needed to conduct a partial reconciliation exercise (cases not balances). This exercise is needed to establish any missing referrals and recalls that may not have been received by Debt Management due to a system failure. LAs will also have the opportunity to ask questions relating to the exercise.

13. The call will be held from 11am to 12 noon on 10 November 2021. The invitation (with joining details) was sent to each LA via their single inbox on 26 October 2021. If you need the invitation resending contact lawelfare.correspondence@dwp.gov.uk

8. Invitation to the next Data sharing and IT consultation and engagement forum

14. The next forum will be held on Monday 20 December 2021 from 11am to 12 noon via MS Teams.

15. The joining instructions are as follows:

• the MS Teams link will be shared via the LA Single Inbox. This will either open in your web browser or in the MS Teams application. Either option will allow you to join the call.

• aim to join the event 2 or 3 minutes before the start time, as we aim to start promptly

• your speaker will be on mute as default but instructions will be given during the event if you want to ask a question

8.1 Forum agenda

• 15-minute introduction from DWP covering projects recently delivered, projects currently in delivery, insight into future planned projects, as well as the most recent common issues that have been reported to us

• 30 to 45 minutes of questions from LAs on the call about the projects and matters covered in the introduction and any other IT and data sharing questions and issues LAs may have

• If time allows, 15 minutes focused on suggestions from LAs about future data sharing, data matching or automation projects that DWP could consider funding and delivering

16. High level minutes will be produced (focusing on the questions and answers session) and will be published on Glasscubes.

17. The forum is open to all LAs and we would be beneficial for every LA to have at least one representative dial into the forum to help us maximise feedback. Each LA representative should:

• seek input and feedback from as many of their colleagues as possible prior to dialling in, for example, questions they might want answering

• have knowledge, at least at a high level, about data sharing, data matching and current IT topic areas

• feedback to their colleagues about how the conference call went, including the answers to the questions we asked

18. We look forward to your participation on the call. However, in the meantime, if you have any questions contact paul.selby@dwp.gov.uk

9. Sanctions for New Style Jobseekers Allowance and Employment and Support Allowance claims

19. From Wednesday 3 November 2021, sanctions can be applied to a New Style Jobseekers Allowance (JSA) and Employment and Support Allowance (ESA) claim.

20. Up to now, DWP has not applied sanctions to new style benefits, however, a sanctions process is being introduced which will enable this to happen.

21. This means that New Style JSA and ESA claimants who do not meet the responsibilities agreed in their Claimant Commitment, without having a good reason, will lose some or all of their payment.

22. This brings new style benefits in line with legacy benefits and Universal Credit.

23. More information on this change for both JSA and ESA can be found on www.gov.uk.

10. Publication of HB Speed of Processing statistics for April to June 2021

24. The department published HB Speed of Processing statistics and associated data for quarter 1 (Q1) on Wednesday 27 October 2021.

10.1 Some key points

25. During Q1 of financial year ending (FYE) March 2022 there were 86,000 new HB claims and 1.6 million change of circumstances to existing HB claims processed in GB.

26. For new HB claims, there has been a decrease of 5,200 (6%) since last quarter and a decrease of 5,900 (6%) since Q1 2020 to 2021.

27. For change of circumstances to existing HB claims, there has been a decrease 2.3 million (58%) since last quarter and a decrease of 860,000 (34%) since Q1 2020 to 2021.

10.2 New Claims

28.The average time taken to process a new HB claim during Q1 for FYE March 2022 was 20 calendar days. This is 2 days higher than Q1 of FYE March 2021.

10.3 Change of Circumstances

29. The average number of days taken to process a change of circumstance to an existing HB claim during Q1 FYE March 2022 was 7 calendar days. This is 2 days higher than Q1 of 2021.

10.4 To note

30. HB datasets do not include figures for Hackney LA from October 2020, as a result of a cyber-attack suffered by the LA impacting data provision. Therefore, Speed of Processing figures for Hackney will be omitted, in line with our standard approach for handling missing data. Analysis for Hackney using historical data shows that this is likely to affect volumes of HB claims by 1% at GB level and around 5% at regional (London) level. Speed of Processing figures are not impacted by the omission.

31.The data in this release should be seen in context with operational emergency measures, policy changes and easements due to the COVID-19 pandemic.

11. HB decisions by the Upper Tribunal

32. Decision Making and Appeals (DMA) Leeds is aware of the following HB cases that has been decided by the Upper Tribunal (UT):

• CH/550/21: Possession of capital. Tribunal should not have proceeded with a paper hearing

33. A selection of decisions of the UT are published on their website. Do be aware that there is an undefined time lapse between decisions being issued and their appearance on the website.

34. If you have any queries about cases before the UT Judges or courts, please contact us by email at quarryhouse.dmaleedscustomersupportservices@dwp.gov.uk

12. New Legislation

35. The following Statutory Instruments (SIs) have been laid:

• Social Security Benefits (Claims and Payments) (Amendment) Regulations 2021 Statutory Instrument SI 2021/1065, laid on 21 September 2021
• Jobseeker’s Allowance and Employment and Support Allowance (Amendment) Regulations 2021 Statutory Instrument SI 2021/1132, laid on 11 October 2021
• Social Security (Information-sharing in relation to Welfare Services etc.) (Amendment) Regulations 2021 Statutory Instrument SI 2021/1129, laid on 11 October 2021
• Social Security (Amendment) Regulations 2021 Statutory Instrument SI 2021/1152, laid on 18 October 2021
• Occupational and Personal Pension Schemes (Disclosure of Information) (Statements of Benefits: Money Purchase Benefits) (Amendment) Regulations 2021 Statutory Instrument SI 2021/1150, laid on 19 October 2021
• Employment and Support Allowance and Universal Credit (Coronavirus Disease) (Amendment) Regulations 2021 Statutory Instrument SI 2021/1158, laid on 21 October 2021

36. Copies of SIs can now be downloaded from legislation.gov.uk.

13. What’s new on our HB pages on GOV.UK

37. The following items can be found on the website link shown:

Document Type	Subject	Link
LAWD10/2021	Editorial Student uprating for financial year ending March 2022 Payment Deduction Programme revisions files process (Capita and Civica systems only) DWP data sharing with LAs for the purposes of accessing free school meal eligibility HB circular A9/2021 published on www.gov.uk Publishing of Speed of Processing statistics for April to June 2021 LA subsidy workshops in 2022 Secondment opportunity in Housing Policy Division Secondment opportunities in the Local Authority Partnership, Engagement and Delivery division HB Decisions with the Upper Tribunal New Legislation What’s new on our HB pages on GOV.UK	LAWD10/2021
LAWDLite10/2021	Reminder and request to cascade: New online service local authorities can use to view valid registered lasting power of attorney details	LAWDLite10/2021
A10/2021	Claimants without a status under the European Union Settlement Scheme at the end of the Grace Period Introduction Background Applications made by 30 June 2021 Applications made after 30 June 2021 LA action	A10/2021