Part 1 ITEM NO. ___________________________________________________________________ REPORT OF THE STRATEGIC DIRECTOR FOR SUSTAINABLE REGENERATION ___________________________________________________________________ TO THE LEAD MEMBER FOR HOUSING ON 6th JUNE 2011 ___________________________________________________________________ TITLE: Updates and Amendments to the Private Sector Housing Assistance Policy ___________________________________________________________________ RECOMMENDATION: 1. Approve the proposed amendments to the Salford City Council Private Sector Housing Assistance Policy 2007 and the consequent adoption of the Salford City Council Private Sector Housing Assistance Policy 2011. ___________________________________________________________________ EXECUTIVE SUMMARY: The Private Sector Housing Assistance Policy 2006 sets out the range of financial assistance that Salford City Council will make available, together with the eligibility criteria and the conditions that will be applied to each form of assistance. In order to manage Council resources more efficiently, to tie in with recent policy changes approved by Lead member for Housing and to prevent hardship, it is recommended that the policy be amended and modernised as follows; Decreasing the maximum limit of Home Improvement Assistance; The formal introduction of Direct Financial Assistance with Charge; The formal introduction of fees to contribute to the cost of the project management provided by the Home Improvement Agency; Provide for the use of the Policy’s loan assistance types by Residential Leaseholders; Provide for the use of DFG applicants who cannot afford their contributions; and Improve local procedure to provide for consideration in the case of exceptional hardship. ___________________________________________________________________ BACKGROUND DOCUMENTS: (Available for public inspection) Private Sector Housing Assistance Policy Lead Member Report March 2007 ___________________________________________________________________ KEY DECISION: YES ___________________________________________________________________ DETAILS: 1. Background 1.1. Salford City Council Private Sector Housing Assistance Policy 2011 (the Policy) is made under Article 3 of the Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 Statutory Instrument No.1860 (the RRO). (Annex 1 – the Policy). 1.2. The Policy sets out the range of financial assistance that Salford City Council will make available, together with the eligibility criteria and the conditions that will be applied to each form of assistance. The Policy sets out the Council’s policy for providing assistance under the RRO, and applies in addition the provision of assistance which can be made under alternative statutory powers such as the provision of mandatory Disabled Facilities Grants under the Housing Grants Construction and Regeneration Act 1996 (as amended). 1.3. The Policy is an amended version of the 2006 (amended 2007) policy originally adopted by Cabinet in March 2007 and replaces the previous policies adopted by Cabinet in 2003 and amended by Lead Member for Housing in 2004, 2006 and 2007. 1.4. The amended Policy is proposed to come into force on 1st July 2011, after Lead Member and Cabinet approval and the amended version is to govern all applications made from that date. Fully completed valid applications made by 31st June 2011 will be processed under the terms of the previous editions of the Policy. 1.5. The Policy makes provision for a number of types of assistance: Home Improvement Assistance including Repayment Loan, Appreciation Loan and Direct Financial Assistance; Relocation Assistance including Relocation Loan, Temporary Decant and Homeswap; Adaptations Assistance including Relocation Assistance Provision, Adaptation Loan Provision and Discretionary Top Up Grant; Home Improvement Agency Services and Handy Persons Scheme; Block Improvement Assistance including Block Improvement Schemes; Theme Based Assistance including: o Energy Efficiency Assistance; 1.6. o Empty Property Assistance; o Conversion Assistance; o HMO Assistance; o Security Assistance; o Environmental Improvements; and Advice/ Support and Signposting. The amount of assistance to be given each year will be dependent upon the level of capital resources available through the Housing Capital Programme, which is funded from a number of different sources, and will be determined annually by the Council when it adopts its Housing Capital Programme. 2. The Amendments 2.1. Decreasing the maximum limit of Home Improvement Assistance - The Policy makes provision for a number of forms of assistance towards the cost of works that are required for the repair of dwellings. There are strict eligibility criteria and the assistance is administered by the Home Improvement Agency who support older and vulnerable owner occupiers to retain independence and manage their own homes. 2.2. The reason for the amendment is to manage the capital budget for such works to ensure that it is used to assist as many people as possible. In addition it has been the case that inappropriately high value loans have been agreed because the current Policy makes provision for some types of loans up to 50% of the value of the property. 2.3. It is proposed to reduce the limits as follows: 2.3.1. 2.3.2. 2.3.3 Repayment Loan from £20,000 to £10,000; Appreciation Loan from 50% of the open market value of the property with total borrowings secured against the property not exceeding 100% to £10,000; and Direct Financial Assistance from £20,000 to £10,000. 2.4. The policy will maintain the opportunity to amend the upper limit for individual cases, based on discretionary powers of Lead Member for Housing. 2.5. The formal introduction of Direct Financial Assistance with Charge – Direct Financial Assistance has always been a feature of the Policy, and is provided where a loan is inappropriate. This amendment makes provision for a charge (nil interest loan) to be put on the property to recover the Direct Financial Assistance after sale of the property. 2.6. The reason for the amendment is to recover the maximum amount of assistance provided through the Policy and to clarify where Direct Financial Assistance without a Charge is to be used. The Policy clarifies the provision for Direct Financial Assistance without a Charge where there is a compelling reason to deliver the work that outweighs the cost to the public purse of proceeding without the registering of a charge. 2.7. The formal introduction of fees to contribute to the cost of the project management provided by the Home Improvement Agency – To secure a contribution to the management of the Home Improvement Agency at a level in line with those fees charged by Specialist Housing Services for the project management of Disabled Facilities Grants and similar work. 2.8. The reason for the amendment is that fees are a current feature of the Home Improvement Agency but are not confirmed by Policy. 2.9. Provide for use of the Policy’s loan assistance types by Residential Leaseholders – the leaseholder will first be assessed for a Statutory Leaseholder Loan and where the statutory loan is shown to be inappropriate or unsuitable, the provisions set out in this policy regarding Repayment Loan and Property Appreciation Loan shall apply. 2.10. The reason for the amendment is to link into the new Major Capital Works Charging Policy for Residential Leaseholders Policy whereby Residential Leaseholders receiving major capital works, such as through a block improvement scheme for Decent Homes, may seek to secure assistance to help finance these works. The Major Capital Works Policy makes provision for the Statutory Leaseholder Loan. 2.11. Provide for the use of DFG applicants who cannot afford their contributions – Where an applicant requires an adaptation and is required to pay but cannot afford a means tested DFG contribution, the Council may make available financial assistance in the form of Repayment and/or Appreciation Loans 2.12. The reason for this amendment is that the policy already makes provision where an applicant requires an adaptation that costs in excess of the maximum mandatory DFG limit, but there is currently no provision for assistance in the case of clients who cannot meet the means tested DFG contribution. 2.13. Improve local procedure to provide for consideration in the case of exceptional hardship caused by the policy – in the case of recovery of the loan from the estate of a deceased or from the proceeds of the sale. If at any time during the life of any loan, the Council is satisfied that a failure to waive repayment on whole or in part, or a failure to remove any legal charge, will result in unnecessary hardship to the applicant or their household, the Housing Review Panel may convene and take such steps as are necessary to alleviate that hardship. 2.14. The reason for the amendment is to include, in policy, consideration for a ‘management move’ within the Choice Based Letting system. Provision will also be made for Housing Advice and signposting to appropriate Independent Financial Advice. ___________________________________________________________________ KEY COUNCIL POLICIES: Salford City Council Private Sector Housing Assistance Policy 2007 ___________________________________________________________________ EQUALITY IMPACT ASSESSMENT AND IMPLICATIONS:The policy is designed to target those in most need - those suffering from poor housing standards who are economically disadvantaged and a full Equality Impact Assessment of the Policy has been undertaken. ___________________________________________________________________ ASSESSMENT OF RISK: Medium Risk – If Lead Member does not approve then the main efficiencies contained within the recommendations cannot be made. ___________________________________________________________________ SOURCE OF FUNDING: Only financial impact from the policy is on the Disabled Facility Grant ___________________________________________________________________ LEGAL IMPLICATIONS Supplied by Tony Hatton ext 2904 No legal implications as such and the report is noted for monitoring purposes. Any other legal implications will be considered if / when Legal is requested to prepare, approve or review documentation referred to in respect of the assistance provided. ___________________________________________________________________ FINANCIAL IMPLICATIONS Supplied by Alison Swinnerton X 2585 There are no specific financial implications from this report as it is a policy change. Agreeing to the change in policy will allow officers to allocate the resources each year to vulnerable people and to allow capital budget for such works be used to assist as many people as possible. ___________________________________________________________________ OTHER DIRECTORATES CONSULTED: Consultation has taken place widely across Salix Homes and Sustainable Regeneration Directorate ___________________________________________________________________ CONTACT OFFICER: Clare Ibbeson TEL. NO. 793 2228 ___________________________________________________________________ WARD(S) TO WHICH REPORT RELATE(S): All wards 110519 Annex Private Sector Housing Assistance Policy.doc