Departments Directions Social Fund Guide

Part 2 - Community Care Grants

Direction 25 - Qualifying benefit condition

The Department directs that

(1)For the purposes of this direction, a qualifying benefit is -

(a)income support

(b)income-based Jobseeker's Allowance

(c)State Pension Credit

(d)income-related Employment and Support Allowance

(2)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 2008 respectively..

Eligibility

2100Where benefit is paid in arrears the applicant should be treated as having been in receipt of Income Support,(IS), income-related Employment and Support Allowance (ESA(IR), income-based JSA (JSA(IB), or State Pension Credit (SPC) for the period covered by the payment. Sub - para 3 of Direction 25 refers.

2101If an applicant is no longer in receipt of Income Support, income-related Employment and Support Allowance, income-based JSA, or State Pension Credit or payment on account of such benefits, at the date you make the decision this may be a relevant factor when considering priority, although it does not preclude an award.

2102Applications for Community Care Grants (CCGs) from people leaving institutional or residential care can be considered before Income Support, income-related Employment and Support Allowance, income-based JSA, or State Pension Credit has been awarded.

2103A Community Care Grant can be awarded up to six weeks before discharge to help the applicant set up home, if it appears likely that the applicant will be entitled to Income Support, income-related Employment and Support Allowance, income-based JSA, or State Pension Credit on discharge. The six week period should be calculated from the day following the date the application is treated as made.

2104It is recommended that the ” place of care “ e.g. care Home/Prison should be contacted to confirm the date of discharge. This is to verify that the applicant will be discharged on the date quoted and that this date will be within the 6-week time scale.

JSA disallowances and sanctions

2105Community Care Grants are dependant upon receipt of a qualifying benefit. JSA disallowances and sanctions are different in their effects:

disallowances - These occur where the jobseeker has not satisfied a basic condition of entitlement
sanctions - These occur where, for example, jobseekers have left their previous work voluntarily or have neglected to avail themselves of a reasonable opportunity to participate in a training scheme. Sanctions are of a discretionary or fixed length, depending upon the offence

2106Under a disallowance or sanction, normal JSA is not payable for the length of the disallowance or sanction, although the jobseeker can apply for JSA at the hardship rate.

2107JSA at hardship rate is classed as income-based JSA.

2108For people who do not fall within the prescribed vulnerable group (normally single, healthy, childless people and healthy, childless couples with no caring responsibilities) no JSA (even at hardship rate) will be payable: