Since the various decisions saying that accommodation was not "exempt" if minimal care, support or supervision is provided I've been finding a number of situations where sheltered housing is provided and all the resident gets is the warden checking on them every day or so- which is, or used to be what happened in most sheltered housing for a large number of residents.

LA's are starting to argue that this is "minimal" My recollection is that when the transitional HB scheme was announced the the DWP or its predecessor said that "supervision" was the normal sort of watching over, or keeping an eye that occurred in sheltered housing.

However my argument has been that there is only a certain amount of time that you could possibly spend on this sort of supervision and that its therefore absurd to call a smallish (half an hour a week or so) amount of time "minimal"

But I can't now find a copy of circular A47/99, which is where I think this definition came from. Does anyone have this or have an alternative source of advice about what "supervision is?

A47/99 is on our Social Security Law CD-Rom and relates to the Transitional HB Scheme.

The relevant bit, I suspect, states:

"SUPPORTED ACCOMMODATION

6. Accommodation is supported accommodation for the purposes of the transitional scheme -

(i) where the landlord is:

* assisted under section 30 of the Jobseekers Act 1995 (grants for resettlement places); or

* a housing authority (including Scottish Homes), non-metropolitan county council, registered social landlord (registered housing association in Scotland), registered charity or voluntary organisation (including non-registered housing association), where that landlord (or someone acting on that landlord’s behalf) also provides the claimant with care, support or supervision; or

(ii) where it is occupied by a private sector tenant who holds a valid community care assessment (cca).


ELIGIBLE SUPPORT CHARGES

Payments which are eligible for HB

7. Regulation 10 of the HB regulations lists those payments which are eligible for HB. These include payments of, or by way of, service charges where payment is a condition on which the right to occupy the dwelling depends (regulation 10(1)(e)). “Service charges” are defined in regulation 10(7) as “periodical payments for services, whether or not under the same agreement ... or whether or not such a charge is ... separately identified ...”. “Services” are “services performed or facilities (including the use of furniture) provided for, or rights made available to, the occupier of the dwelling”.

8. As explained in paragraph 24 of circular HB/CTB A37/97, the crux is whether the charge relates to the management and maintenance of the property – in which case it may be eligible as “rent”, or whether it relates to a “service” to the tenant . (See Annex A for further guidance.)

9. For the purposes of this circular, “rent” means those payments which will provisionally remain eligible for HB after April 2003, including any accommodation-related service charges but excluding any support charges, whether eligible or ineligible for HB under the transitional scheme prior to April 2003.

10. The following support charges are eligible under the transitional scheme where the claimant is living in supported accommodation:

* charges for general counselling and support (see paragraphs 11 to 13 below);

* charges for the cleaning of rooms and windows (see paragraph 14 below); and

* charges for an emergency alarm system (see paragraphs 15 and 16 below).

Charges for General Counselling and Support (GC&S)

11. The following charges in respect of time spent in the provision of “general counselling or of any other support services” are eligible under paragraph 1(f) of Schedule 1 and paragraphs 2(a) to (d) of Schedule 1B to the HB regulations where these are provided to a person living in supported accommodation by, or on behalf of, their landlord:

Paragraph 2(a)

Charges which assist the claimant with maintaining the security of the dwelling: for example, helping ensure the security of the home (eg by reminding the claimant to lock up) or controlling access;

Paragraph 2(b)

Charges which assist the claimant with maintaining the safety of the dwelling (including making arrangements for the checking of the claimant’s own appliances where these could pose a safety hazard): for example, arranging for builders, plumbers, electricians etc; arranging adaptations to cope with disability; arranging for the servicing of a claimant’s appliances where they could pose a safety risk; ensuring that the claimant is able to use appliances (such as a cooker and iron) safely;

Paragraph 2(c)

Charges directed at helping the claimant comply with those terms of their tenancy agreement concerned with:

(i) nuisance: for example, dealing with disputes with neighbours;

(ii) rental liability: for example, assistance with budgeting/debt counselling; assistance with claiming benefits;

(iii) maintaining the interior of the dwelling in an appropriate condition: for example, helping with minor repairs (eg changing light bulbs, unblocking sinks etc); lifeskills training in areas such as kitchen hygiene including advice on, or supervision of, food preparation or food storage to preserve the condition of kitchen units and other appliances;


(iv) the period for which the tenancy is granted: for example, those resettlement activities necessary to enable the claimant to relinquish the tenancy and to move on to accommodation where less support is required,

including time spent in contact with other individuals or professional or other bodies with an interest in the claimant’s welfare: for example, social service departments, probation services or relatives.

Paragraph 2(d)

Charges for any other services not already specified under sub-paragraphs (a) to (c) above where:

* the dwelling is one of a group of dwellings which the landlord normally lets to people in need of GC&S; and

* the support is provided:

- by a resident warden; or

- by a non-resident warden with a system for calling him; and

* the warden provides those services wholly or mainly for those tenants: for example, help with shopping/errand running; chatting (ie, social chatting not connected with other services); arranging social events; and other good neighbour tasks (eg, welfare checks).


System includes a scheme-based alarm, a centrally-based alarm or a combination of these and could be triggered by telephone, push-button or similar device.

12. The table at Annex B summarises those charges for GC&S which are eligible under the transitional regulations.

13. You are reminded that only charges in respect of time spent in providing “general counselling or other support” are eligible under the transitional regulations. This can include costs which relate solely to the provision of that support (see Annex A below). However, charges cannot include any other costs. For example, time spent in helping the claimant replace light bulbs will be eligible; the cost of the light bulbs will not. "

Thanks Gareth- It doesn't look like the advice about what "supervision" means was in A47/99 after all. Does anyone have any idea about where it might be, if anywhere?

"Minimal "to my mind has much the same meaning as "negligible" or maybe "insubstantial".

Although we may be talking of older people, it could be possible to argue by analogy from DLA cases invloving children where the test of whether attention or supervision requriements are substantially in excess of those of a normal child of the same age has to be carried out.

In CA/92/1992, Mr Commisioner Rowland emphasised that the "substantially in excess of.." test must take into account not only the time over which attention or supervision was required, but the quality or degree of attention or supervision that is reasonably required.

A warden in a sheltered housing complex may well only look in on a resident once a day, and the time spent there may be not very long, but that person may be providing fairly intense supervison for that resident. On the other hand, the warden might do little more than just say "hello" to other residents. In the latter case the supervison may have been minimal but it most certainly would not have been minimal in the former.

I have argued, with some success I think, that 'minimal', as in the 'de minimis' test, means in modern day language 'enough to make a difference'. If the support provided by a warden in sheltered housing is so minimal as to make no difference, then why do people want to live in such schemes, and why do organisations run them? In my view minimal or de minimis is not about hours or minutes per week, but about whether the support provided and available when needed makes any difference to the tenants.

If it doesn't then there is probably no point in the scheme continuing in that form!

Simon Ennals