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UK Social Security and Child Support Commissioners' Decisions |
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You are here: BAILII >> Databases >> UK Social Security and Child Support Commissioners' Decisions >> [2007] UKSSCSC CH_779_2007 (17 August 2007) URL: http://www.bailii.org/uk/cases/UKSSCSC/2007/CH_779_2007.html Cite as: [2007] UKSSCSC CH_779_2007 |
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[2007] UKSSCSC CH_779_2007 (17 August 2007)
THE SOCIAL SECURITY COMMISSIONERS
Commissioner's Case No.: CH/779/2007
APPEAL FROM A DECISION OF AN APPEAL
TRIBUNAL ON A QUESTION OF LAW
INTERIM DECISION OF THE SOCIAL SECURITY COMMISSIONER
COMMISSIONER: CHARLES TURNBULL
Appellant: London Borough of Hounslow
Respondent: Ms Jade Whitmore
Tribunal: Ealing
Tribunal hearing date: 12 October 2006
Tribunal register no.: U/42/173/2006/00891
CH/779/2007
INTERIM DECISION OF THE SOCIAL SECURITY COMMISSIONER
"provided by a non-metropolitan county council ………… a housing association, a registered charity or voluntary organisation where that body or a person acting on its behalf also provides the claimant with care, support or supervision."
"GLH provide support to all their tenants for no additional charge in the following manner:
a. By liaising with the support provider and social services/support commissioner and other professions to ensure that support and housing remains appropriate to the needs of the tenant.
b. Encouraging the tenants to attend participation meetings.
c. Giving advice on dealing with police and the courts.
d. Assisting tenants in arranging for tradesmen to undertake work.
e. Arranging adaptations to cope with disability.
f. Dealing with neighbours and tenant disputes.
g. Assisting and providing advice in relation to housing related welfare benefits.
h. Assisting with minor maintenance matters.
i. Liaising with relatives.
j. Undertaking re settlement activities.
This support is set out in the agreement between [the Council] (Social Services Department) and GLH.
The support specifically provided to [the Claimant] has been to encourage her to take part in a tenants participation group which assists [the Claimant] to:
(a) take part in a "social event"
(b) help her gain skills by learning to speak up
(c) helps her to be part of the stake holder group leading to a change in the manner GLH provide their service to all their tenants."
"One of the support systems provided by GLH is running a helpline for all their tenants, tenants can ring up not just about management repairs but other issues, for example about getting help with a relationship breakdown, the helpline acts as a sign post assisting the tenants to gain support.
Ms Hall a housing worker with GLH gave evidence of specific examples of support being provided by GLH for its tenants 143-151. (See g above).
GLH undertake other support activities for their tenants and in particular for [the Claimant] which is over and above its housing management activities. The support most called upon by [the Claimant] was that to enable her to participate in the Tenant Participation scheme. The support consisted of ensuring that she was taken to tenant participation meetings to enable her to participate. This enable(s) [the Claimant] inter alia to gain more social skills and no doubt grow in confidence.
The additional support is not paid for by [the Claimant] or the other tenants as part of a "charge" in their rent, but is part of the charitable aims of the charity.
All the support available from GLH is not taken up by [the Claimant] but is available should she need it, for example the representation at the appeal hearing was funded by GLH, this would fall within g. above "assisting and providing advice in relation to housing related welfare benefits.
…………………………………………………………………………………………..
I determine that GLH were providing direct support to [the Claimant] over and above "normal" housing management. GLH are not the main providers of the support and it is clear that they do not provide any care or supervision to [the Claimant].
On a reading of the regulation, GLH do not have to provide care, support AND supervision. One of the components is sufficient to satisfy the regulation.
The regulation is silent on what percentage of support, care or supervision is required. On a literal interpretation even if [the Claimant] received less than 1% of support from GLH that would appear to be sufficient to satisfy the regulation.
I am not in a position to judge in percentage terms the amount of support [the Claimant] received or could potentially receive from GLH, I am however satisfied that she did receive this support from her landlords and that other support was available to her which she could have called upon from her landlords as opposed to those responsible for her care."
(1) The Council is to send to this Office within one month from the date of issue of this decision copies of any relevant care plans which have been drawn up in relation to the Claimant and of any contracts or any other arrangements between the Council and Owl Housing or others in relation to the provision of care, supervision and support to the Claimant.
(2) Any further evidence to be relied upon by the parties should be sent to this Office within one month from the date of issue of this decision.
(3) If oral evidence is to be given at the hearing, statements of the evidence to be given by the relevant witnesses should be sent to this Office within one month from the date of issue of this decision.
(signed on the original) Charles Turnbull
Commissioner
17 August 2007