Departments Directions Social Fund GuidePart 8 - The Directions issued by the Department
Community Care Grants
Direction 25 – Community Care Grant eligibility25. (1) For the purposes of this Direction, a qualifying benefit is-
(a) income support;
(b) income-based jobseeker's allowance;
(c) state pension credit; or
(d) income-related employment and support allowance.
(2) A social fund payment under Direction 4 shall only be awarded to an applicant if:
(a) the application is treated as made on a date upon which the applicant is in receipt of a qualifying benefit, or
(b) the application is treated as made on a date upon which the applicant is in receipt of payments on account of a qualifying benefit, such as may be made by the Department under regulation 2 of the Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland)1988 and that date is not earlier than 18 August 2002 or
(c) the conditions set out in Direction 4(a)(i) are satisfied at the date the application is treated as made and it is planned that the applicant will be discharged within six weeks of that date and is likely to receive a qualifying benefit upon discharge.
(3) For the purposes of paragraph 2(a) above, and subject to paragraph (4) below, the applicant shall be treated as having been in receipt of a qualifying benefit from the date from which that benefit has been awarded.
(4) For the purposes of Direction 4(a)(ii) to (v) and Direction 4(b), the applicant shall not be deemed to be in receipt of:
(a) income-based jobseeker's allowance; or
(b) income-related employment and support allowance
on any of the three waiting days prescribed by regulation 46(2) of the Jobseeker's Allowance Regulations (Northern Ireland) 1996, or regulation 144(1) of the Employment and Support Allowance Regulations (Northern Ireland) 2008 respectively.
Direction 26 – Community Care Grants, trade disputes26.Where the applicant or his partner is disentitled from receiving a jobseeker's allowance pursuant to Article 16 of the Jobseekers (Northern Ireland) Order 1995 (trade disputes) or would be so disentitled if otherwise entitled to that allowance, or is in receipt of reduced rate income-based jobseeker's allowance pursuant to Article 17 of the Jobseekers (Northern Ireland) Order 1995 (trade disputes - effect on other claimants) a community care grant may not be awarded except in respect of travelling expenses within the United Kingdom in the following situations -
(a) if the visit is made by a partner or dependant who is not affected by the trade dispute, an award may be made in respect of travelling expenses for -
(i) a visit to a patient who is a close relative or who was prior to his admission to hospital or similar institution a member of the same household, or
(ii) a visit to a person who is a close relative or who was prior to his illness a member of the same household as the visitor and is critically ill but not in hospital or similar institution.
(b) if the visit is made by a person who is affected by the trade dispute, an award may be made in respect of travelling expenses for -
(i) a visit to a partner in hospital or similar institution, or
(ii) a visit to a dependant in hospital or similar institution, if the person affected by the trade dispute has no partner living with him who would be eligible for an award within paragraph (a) of this direction, or the partner is also in hospital or similar institution, or
(iii) a visit to a critically ill close relative or member of the household of the person affected by the trade dispute, whether or not he is in hospital or similar institution.
Direction 27 – Community Care Grants, treatment of capital27(1)Where -
(a) the applicant or his partner is aged 61 or over and the total capital resources of the applicant and his partner exceed £1000, or
(b) the applicant is, or if he has a partner both are aged under 61 and the total capital resources of the applicant and his partner exceed £500, any community care grant which would but for this direction be awarded shall be awarded only if and to the extent that the amount of the award is more than the excess.
(2)Subject to paragraph (3) in this direction, “total capital resources” shall be calculated in accordance with -
(a) where the applicant or his partner is in receipt of income support, Chapter VI (capital) of Part V of, and Schedule 10 to, the Income Support (General) Regulations (Northern Ireland) 1987,
(b) where the applicant or his partner is in receipt of income-based jobseeker's allowance, Chapter VI (capital) of Part VIII of, and Schedule 7 to, the Jobseeker's Allowance Regulations (Northern Ireland) 1996,
(c) where the applicant or his partner is in receipt of state pension credit, Part III (income) and schedule 5 (income from capital) to the State Pension Credit Regulations (Northern Ireland) 2003.
(d) where the applicant or his partner is in receipt of income-related employment and support allowance, Part 10, Chapters 1 and 7 and Schedule 9 to, the Employment and Support Allowance Regulations (Northern Ireland) 2008
(3)For the purposes of paragraph (2),the following shall be disregarded in calculating the total capital resources.-
(a) any payments made from the Family Fund to the applicant, his partner or children; and
(b) any integration loan granted to the applicant or his partner under the Integration Loans for Refugees and Others Regulations 2007 (S.I. 2007 No 1598) as they have effect at 11 June 2007
Direction 28 – Community Care Grants, minimum award28.(a)Subject to paragraph (b) below, the minimum amount that may be awarded as a community care grant under direction 4(a) is £30, but no award shall be made under direction 4(a) where the value of an item of expense which would otherwise qualify for an award, or in the case of more than one such item their aggregate value, amounts to less than £30.
(b)Paragraph (a) shall not apply in respect of awards made for either daily living expenses or travelling expenses.
Direction 29 – Community Care Grants, exclusions29.A community care grant may not be awarded in respect of any expenses which are excluded by direction 23(1)(a)(i)-(xiii), or 23(2)(h) nor in respect of -
(a)costs of purchasing, renting or installing a telephone and of any call charges;
(b)Any expenses which the NIHE, HSSB or HSST has a statutory duty to meet;
(c)costs of fuel consumption and any associated standing charges;
(d)housing costs, including repairs and improvements to the dwelling occupied as the home, including any garage, garden and outbuildings, and including deposits to secure accommodation, mortgage payments, rates, water rates, sewerage rates, service charges, rent, and all other charges for accommodation, whether or not such charges include payment for meals and/or services, other than -
(i)minor repairs and improvements, or
(ii)charges for accommodation applied for under direction 4(b);
(e)council tax, council water charges or community water charges;
(f)any daily living expenses such as food and groceries, except -
(i)where such expenses are incurred in caring for a prisoner or young offender on temporary release under rule 27 of the Prisons and Young OffendersCenres Rules 1995, or
(ii)where a crisis loan cannot be awarded for such expenses because the maximum amount referred to in direction 18 has already been reached.
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