Residential rehabilitation: Dual Housing Support Fund protocol

Residential Rehabilitation Dual Housing Support Fund Protocol

Overview

The purpose of the dual housing support fund is to provide support to individuals who receive Housing Benefit or Housing Element of Universal Credit and who want to keep their tenancies whilst in any residential rehab service. Under current Housing Benefit and Universal Credit Regulations, payments on two residences cannot be issued (in this circumstance), therefore when an individual attends a residential rehabilitation service the payment on their core tenancy will stop. This creates barriers for individuals as it increases the risk of rent arrears, potential eviction or other additional pressures which could impact the progress of their treatment.

The former First Minister’s statement to Parliament in January 2021 set out the National Mission to improve and save lives of people who have been impacted by drug use, and their loved ones. The former First Minister announced a £250 million additional investment to tackle drug deaths, £100 million of this was made available to help increase capacity within residential rehabilitation and improve pathways to expand access to services for the most vulnerable across Scotland.

To support this commitment, the Scottish Government established the Dual Housing Support Fund, which is available to cover payments on individuals core tenancy for up to a year whilst they are in a residential rehabilitation service. This allows individuals to access services without creating additional pressures meaning residential rehabilitation is available for everyone who wants it at the time when they ask for it.

Eligibility

The DHSF is available to individuals who are in receipt of Housing Benefit or the housing element of Universal Credit and either;

a) The HB or UC has been diverted to cover the costs of a residential rehabilitation placement or;

b) The length of a placement in a fully funded residential rehabilitation service exceeds the 52-week allowance for HB (and the individual intends to return to their tenancy) or;

c) The six-month allowance for UC on an individual’s core tenancy is stopped due to the UC temporary absence from home rule

There are two types of residential rehabilitation providers across Scotland and the DHSF application process is slightly different for each one. A flow chart which sets this out is included below.

Hybrid Funded Service 

(Rehab service accepts HB or UC)

A hybrid funded service is where the Housing Benefit or Universal Credit covers the cost of the residential accommodation component; ADP/LA budget covers the cost of the residential rehabilitation support; and the DHSF will cover the cost of the individuals own tenancy (if they meet the criteria).

Fully Funded Services

(Rehab service does not accept HB or UC)

A fully funded service does not accept Housing Benefit or Universal Credit, and therefore the Housing Benefit or Universal Credit will remain in place to cover the individuals core tenancy costs. Under current Housing Benefit and Universal Credit regulations a temporary absence from home rule comes into effect after 13 weeks or 52 weeks for Housing Benefit (depending on the intent to return) or 6 months for universal credit. After this time, payments on the core tenancy will stop and rehab providers should submit a referral form for DHSF payment to cover the cost for the remaining period.

Eligibility flow chart

Text for graphic below:

Eligibility flow chart

Rehab Model

Hybrid Funded

Q1 - Does individual have their own tenancy paid through Housing benefit or Universal Credit?

Yes – Proceed to question 2 

No - Individual does not qualify for DHSF

Q2 - Does individual wish to keep tenancy after time in rehab?

Yes - Individual can apply for DHSF once HB or UC has stopped on core tenancy – Rehab provider should complete DHSF form at Appendix A

No - Individual does not qualify for DHSF – Individual should seek housing advice

Fully Funded

Q1 Does individual have their own tenancy paid through Housing benefit or Universal Credit?

Yes – Proceed to question 2

No – Individual does not qualify for DHSF

Q2 - Is rehab stay expected to be longer than; 52 weeks for Housing Benefit or 6 months for Universal Credit and individual intends to keep core tenancy after rehab?

Yes - Individual can apply for DHSF to cover period after this – Rehab provider should complete DHSF form at Appendix A

No – Individual does not qualify for DHSF – Individual should seek housing advice

Note: All individuals should advise their housing provider that they will be temporarily absent from home.

DHSF Application Process

Step 1 – Identification

1. When the rehab provider or referrer completes the pre-admission assessment for an individual, it will become clear if the individual is in receipt of Housing Benefit or Universal Credit. At this stage, the rehab provider should confirm if individual intends to return to their tenancy once they leave rehab. If yes, rehab provider should proceed to step 2.

Step 2 – Housing Benefit/Universal Credit

1. Hybrid Funded Service - Rehab provider should claim Housing Benefit or Universal Credit through their usual means. At this point, the rehab provider must complete and return the below DHSF referral form to cover the entirety of the individuals stay in residential rehabilitation.

2. Fully Funded Service – As rehab providers do not claim Housing Benefit or Universal Credit, the DHSF will only be available after the period of 52 weeks for Housing Benefit or 6 months for Universal Credit. If rehab placement exceeds this period, a DHSF referral form should be completed for the duration after this period.

Step 3 – Communication

1. The rehab provider should contact housing provider and local authority to advise that individual has entered their rehab service and that they are claiming DHSF to cover the cost on their own tenancy.

2. It is important that regular communication between rehab provider and housing provider is in place for the entirety of the individuals stay within the rehabilitation service, as this will allow for contingency planning around aftercare and the maintenance of the core tenancy when the individual returns home.

Step 4 – Referral Form

1. The rehab provider should complete the DHSF referral form at Appendix A and return to the Scottish Government at DualHousingSupportFund@gov.scot once Housing Benefit or Universal Credit payment has been transferred over to them.

2. Please ensure the following information is included –

i. Key contact name and email address for rehab provider, housing provider and local authority worker (if housing provider is private landlord, please provide registration number)

ii. Full name and date of birth of the individual

iii. Confirmation of start and expected end date of rehab placement

iv. Duration of rehab stay (in months)

v. Weekly/monthly rent costs and the total anticipated costs – any Discretionary Housing Payments should also be listed

vi. Confirm whether individual receives Housing Benefit or Universal Credit – a copy of the lease agreement should be included with the completed referral form”

Step 5 – Grant award letter and Payment

1. Once the referral form has been approved, the Scottish Government will issue the grant award letter to the housing provider.

2. This letter will contain a Grant Acceptance Letter (page 7); Schedule 2 Grant Claim Form (page 10) and Schedule 3 Statement of compliance with conditions of grant (page 11)

i. Grant Acceptance Letter – Once grant award letter has been received and housing provider is content, this should be signed by housing provider and returned to the Scottish Government at DualHousingSupportFund@gov.scot

ii. Schedule 2 Grant Claim Form – Once individual has finished their placement, the grant claim form should be completed for the full amount and returned to the Scottish Government at DualHousingSupportFund@gov.scot

iii. Schedule 3 Statement of compliance with conditions of grant – This form should be completed and returned at the same time as the Grant Claim Form to the Scottish Government at DualHousingSupportFund@gov.scot

Step 6 – Exit Planning

1. As part of exit planning the rehab provider should discuss housing options with the individual and record within their care plan. (This should be monitored for the duration of the placement)

2. If the individual indicates they would like to return to their core tenancy, the rehab provider should notify the housing provider and local authority as soon as possible, so preparations can be made for the individuals return.

3. If the individual indicates they no longer wish to return to their core tenancy, the rehab provider should advise individual to seek housing advice as soon as possible, to ensure plans are in place for the end of their placement.

Step 7 – Discharge

1. Once the individual has left their placement the rehab provider should notify the housing provider and local authority to confirm placement end date.

2. The grant claim form and statement of compliance form should be completed by the housing provider and returned to the Scottish Government. The Scottish Government will aim to process payment within 7 working days.

3. During this time rehab providers should follow usual means to transfer Housing Benefit or Universal Credit back to individuals own tenancy.

4. Once payment has been made, the DHSF case will be closed, and no further money can be claimed.

Note on legal basis for data sharing

The aim of the dual housing support fund is to ensure continuity of housing and wider care support for people going into residential rehabilitation so there is an imperative for multiple services to be made aware in the referral process.

• Article 6 of UKGDPR- Public task/performance of task in public interest provides the legal basis for data sharing between LAs, rehabs and housing providers. We have tried to ensure that minimal personal data is required to confirm case for financial tracking and using contact information for services.
• Section 1(3) of the Housing (Scotland) Act 1988 provides the appropriate legislative power to allow Scottish Ministers to make payments of this nature to the housing provider. In particular Section 1(3)(a) states Scottish Ministers shall have the general functions of: “providing, and assisting in the provision of, finance to persons or bodies intending to provide, improve, repair, maintain or manage housing”.