This week and next, THINK TANK focuses on Supporting People, the new funding regime for support services that comes into effect from 1 April. Over the next three pages, a special team of experts answers your questions
Notice for tenancy variations
When I issue a tenancy variation, do I have to give the tenant notice? If so, how much?

Deeds of variation are not issued by the landlord but are agreed between the tenant and the landlord. This means the variation can take immediate effect from the date of signing the deed of variation. Where notice is required, this will be dictated by what your tenancy agreement says. If it specifies 28 days, for instance, you will have to give 28 days notice before the variation takes effect.
NICK SWEET, NHF national coordinator for Supporting People

Subsidy implications for tenants
My housing association currently receives social housing management grant in a chargeable scheme. How will this be passed onto us under the subsidy contract and what implications does it have for our tenants?

The Housing Corporation should have identified and transferred to the administering authority any sums of SHMG payable in relation to a specific project. This money should then be identified in the interim contract and should be paid to the registered social landlord or support provider (this will be dependent on who enters into the interim contract with the administering authority) under the terms of the interim contract. The model contract provides for the RSL or support provider to send an invoice to the administering authority on, or as soon as possible after, the commencement date to cover the first year.

In response to that invoice, the payments should be made as set out in schedule 2 of the interim contract. Whether the payment is monthly, quarterly or annually will depend on how individual administering authorities have completed the second schedule.

The contract envisages that the payments will be made in advance.
Rosemary Hart, Partner and housing specialist at legal firm Trowers & Hamlins

From April, the SHMG element of the legacy funding will be passed on to you in your monthly payment from the administrative authority. This payment will be made up of two elements: variable (the subsidy payable to the users) and fixed (legacy grants). This will be set out on the service subsidy summary you receive with each payment. The ODPM's Supporting People Charging Workbook will be helpful here.

In future, the commissioning body locally will decide on whether to charge tenants for what has historically been paid for by SHMG. There is no guidance on when and how this decision should be made.
NICK SWEET, NHF national coordinator for Supporting People

Changes in transitional housing benefit
What happens to changes in tenants' levels of transitional housing benefit between the golden cut and the beginning of Supporting People?

The final reconciliation captures transitional housing benefit levels at 31 March.
Office of the deputy prime minister, Supporting People team

Accounting for supporting people payments
I am a finance director in a support provider. I am totally confused about how to account for receipts of Supporting People payments for both our existing tenants and any new tenants after1 April.

The Housing Corporation and National Housing Federation have just issued Accounting for Supporting People which is available free at www.housing.org.uk/uploads/documents/14/cssh2003br07.pdf – it offers guidance on how Supporting People income should be shown in your accounts.

It is recommended that Supporting People receipts from block gross contracts should be treated as "Supporting People contract income" within the income and expenditure account. Support services fall within the definition of social housing and, in the majority of cases, such services will be provided to tenants of the RSL.

However, some RSLs provide support-only services to people who may not be their tenants. It is therefore recommended that supporting people contract income be reported as social housing income.

Providers of block gross chargeable services are in the same position as providers of block gross services with regard to invoicing for and receipt of Supporting People funding. Therefore, Supporting People receipts from block gross chargeable contracts should also be treated as "Supporting People contract income" within the income and expenditure account.

Providers subject to these block subsidy contracts will, of course, need to collect charges from those service users for whom they are not receiving a subsidy. They can do this through the tenancy agreement or through a separate support agreement. The method chosen will determine the accounting treatment for the income received, whether from the administering authority or the tenant.
NICK SWEET, NHF national coordinator for Supporting People

Supporting People pays for support costs. Supporting People income should be credited against your costs as a support provider, which are not housing management or rental expenses.
Office of the deputy prime minister, Supporting People team

Support charges and fair rent assessments
Will the support charge be treated as a charge outside of the fair rent assessment for secure tenants?

Yes. Several circulars issued by the Department of Social Security (in particular, circular HB/CTB A47/99) make clear that in all cases where rents need to be referred to the rent officer, the rent referred should be net of all support charges.

In fact, under amended rent officer orders, rent officers will assume that rents payable would have been payable, had support services not been provided. This is because the purpose of Supporting People is to differentiate between charges which relate to the property and charges which relate to the person.
Rosemary Hart, Partner and housing specialist at legal firm Trowers & Hamlins

Fairer charging: what should i tell my tenants?
With all the uncertainties around fairer charging, what should I tell my tenants?

First of all check with your administrative authority what their fairer charging policy is going to be. Rules may vary; for instance, about whether there is a maximum charge or whether a limit is put on the amount of earned income that is disregarded.

You need to tell tenants that:

  • The rules governing fairer charging are often more generous than those governing access to housing benefit, and the person concerned must be left with a minimum amount to live on
  • Anyone who has to pay towards their support charge can apply for a fairer charging assessment, which could mean they get help with their support charges. The people most likely to benefit are those who have earned income and also have to pay for home care
  • The local authority cannot refuse to do the assessment and must abide by the results
  • People should apply as soon as possible because the fairer charging assessment cannot be backdated.

    Note that housing benefit departments will not in future automatically pass information about the tenants' financial circumstances to the Supporting People team and unless the tenant has given permission for this to happen, the tenant will be charged for their support. They would then have to have a fairer charging financial assessment in order to get any help with their support costs.
    NICK SWEET, NHF national coordinator for Supporting People

    Void places
    Who will be responsible for void places in schemes as at 1 April, when the Supporting People regime starts?

    The interim financial package sets out that for interim contract pricing for block gross contracts voids are 10%. There are no voids in subsidy contracts. After interim contract it is up to the authority.
    Office of the deputy prime minister, Supporting People team

    Payments for places in supported housing projects will be governed, initially, by the interim contract, and then subsequently by the terms of the steady state contract following the review of the project.

    The model interim contract has been drafted with alternatives so that it can apply to block contract arrangements referred to as "block gross model" and spot purchase arrangements referred to as "block subsidy model". It is only where the block gross model has been used that the administering authority will be responsible for purchasing void spaces.
    Rosemary Hart, Partner and housing specialist at legal firm Trowers & Hamlins

    Support for tenances managed by third parties
    How should I deal with support for tenancies which are managed on behalf of my housing association by other agencies?

    The arrangements between the support provider and the resident can be dealt with in one of two ways: either as a separate part of the tenancy or occupancy agreement, or in a separate support agreement.

    Where an RSL is providing the housing accommodation and a separate support provider is providing the support, funded through the interim contract, it would make sense for the relationship between the support provider and the resident to be dealt with in a separate support agreement.

    Where an RSL is providing both housing and support, it is a matter of choice as to whether the RSL has two separate documents or combines the arrangements for support in the tenancy agreement. It should be noted that if the provisions are contained in the tenancy agreement the payment for the support services will not be treated as rent or service charge under the grounds for obtaining possession under the Housing Act 1988.
    Rosemary Hart, Partner and housing specialist at legal firm Trowers & Hamlins

    Future funding for registered care schemes
    I run a registered care scheme. What's going to happen to Supporting People payments to my scheme? Has the ODPM decided what it is doing with registered care homes with social housing management grant legacy funding? Will this continue or is it the case, as indicated previously, that the SHMG would be removed at the first scheme review? If it is lost, who will pick up the funding and what will happen to the SHMG?

    Registered care schemes will not be eligible for Supporting People money. For the time being, SHMG will continue to be paid to registered care homes. It will be paid by the administrative authority – not by the Housing Corporation as in the past.
    NICK SWEET, NHF national coordinator for Supporting People

    In the long term, the policy is for the new Supporting People grant to cease funding the provision of support services provided in residential care homes. However in the short term, any SHMG legacy funding inherited by a residential care home will continue to be funded through Supporting People grant.

    Residential care homes in receipt of Supporting People grant will be reviewed in the same way as other services and the outcome of a service review could either result in the funding continuing, or a change to the service or the withdrawal of funding.

    If funding is withdrawn, the Supporting People grant released will be used to commission another type of support service.

    The longer-term arrangements for any transfer or withdrawal of Supporting People grant from residential care homes have not yet been determined.
    SHAUN BENNETT, Consultant at CVS – advising the ODPM on Supporting People

    Supporting People payments to registered care schemes will continue to be made insofar as they are part of the legacy funding steams, and until the ODPM makes further announcements about this issue.

    The first review does not affect the ability of the authority to continue paying for registered case which was funded by a legacy-funding stream – but no new registered services can be provided and the provision will be phased out.
    Office of the deputy prime minister, Supporting People team

    Funding: the verdict

    The government has announced the allocation of a total £1.4bn in grants for the Supporting People programme (see news story, page 12). The funding covers the first year of the programme. Here, two experts give their verdict on the announcement. Spokesperson
    Office of the Deputy Prime Minister

    This announcement is very good news for vulnerable people in need of housing related support. There are now more than a million households receiving support, and a wide range of providers. It will be up to local authorities, their partners in health and probation, and providers of services to review the services they have inherited and focus them of delivering high quality support where it is neediest most and most effective. Grant conditions and directions published earlier this week set out the legal framework for the programme in most authorities. Draft grant conditions have equally set out the framework for “excellent” authorities. The department will also publish further advice on reviews, and future contracting, by the start of the new programme. This will help address the question about how big the pot will be in later years – it is in the hands of authorities and their partners to show the relevance, quality, and value of existing services, and the need for new ones. Commissioning bodies now need to take control of the programme – managing the opportunity to put in place a properly planned and funded sector. There is the detailed process of final reconciliation to be completed, which will finalise the value of the transfer. Thereafter we look forward to new, better, and more effective services delivering local priorities. Diane Henderson
    Head of care, support and diversity National Housing Federation

    The announcement that the Supporting People programme will receive £1.4bn in its first year is genuinely good news. Many associations deserve credit in identifying schemes and service needs and expanding support services to promote independent living for vulnerable people. But we remain concerned about contracting arrangements and are worried that service users will end up paying more as important decisions are left to the very last minute. With only five weeks to go, many contracts between councils and providers remain unsigned because funding information has only now been released by the Office of the Deputy Prime Minister. It is unrealistic to expect that contracts can be verified and confirmed so close to implementation, especially as grants are payable a month in advance. Some contracts will not be signed by 1 April, when the regime comes into effect. This could create a cashflow problem for some organisations if contract negotiations drag on much beyond this date. Eleventh-hour adjustments in other areas are also likely to cause problems. Originally the review process concentrated on promoting quality provision and much guidance was issued to support providers setting out how to achieve this. The emphasis has now shifted with more stress being put on value for money and we await guidance on what this will mean in practice. Many schemes will see the timetable for review brought forward and it appears that providers can no longer count on the 12-month protection post review. We will push for national guidance on the “strategic relevance” of services so that local authorities do not cut low level services and schemes for unpopular groups. The implementation of a new scheme on the scale of Supporting People was always going to have teething problems, but delay and uncertainty increase the difficulties faced by all parties, including the people living in supported and sheltered schemes.