Terms & Conditions

[jason squire]

Hi all,

I've been asked to take a look at this and help wth making sure our LA is ready to meet its obligations etc etc… Does anyone have any suggestions for a 'Housing' equivalent of hbinfo or similar that might help me along with this.

Thanks in advance

[David]

There isn't such an equivalent as far as I'm aware. The Homelessness Reduction Act makes changes to the Housing Act 1996 and will have no effect on HB. There will be increased length of stay in temporary accommodation for many claimants which will put pressure on the Housing section to provide this. I'm sure the relevat part of the Housing section can advise further on the HRA if you need it

[Julie Hunter]

The HRA shouldn't be used to fund homelessness services. General funding will need to do that.

[jason squire]

Thanks, David. I've been asked by the Housing section to put a project plan together (I've been working on UC rollout for the last year). I was hoping there'd be a similar gathering of housing practitioners as we have here. I'll see what I can get from more traditional sources!

[David]

[quote=Julie Hunter]

The HRA shouldn't be used to fund homelessness services. General funding will need to do that.

[/quote]

Not so, assuming – as most authorities do –  homelessness services begin with advice and prevention. The HRA increases to 56 days the definition of threatened with homelessness and for such people a detailed personal housing plan has to be prepared. There will also be increased demand on temporaty accommodation for homeless people/ Giles Peake wrote a helpful summary:

https://nearlylegal.co.uk/2017/05/bluffers-guide-homeless-reduction-act-2017/

 

[jason squire]

[quote=David]

Not so, assuming – as most authorities do –  homelessness services begin with advice and prevention. The HRA increases to 56 days the definition of threatened with homelessness and for such people a detailed personal housing plan has to be prepared. There will also be increased demand on temporaty accommodation for homeless people/ Giles Peake wrote a helpful summary:

https://nearlylegal.co.uk/2017/05/bluffers-guide-homeless-reduction-act-2017/

 

[/quote]

I love hbinfo… thanks very much for this link, David- this is exactly the kind of thing I was hoping to come across.

[peterdelamothe]

http://www.legislation.gov.uk/uksi/2018/167/made

The Homelessness Reduction Act 2017 (Commencement and Transitional and Savings Provisions) Regulations 2018

As I understand it, these put a legal duty on ALL Council staff to reduce homelessness.

[David]

Peter,

I'm not sure how you conclude that this new legislation places duties on all Council staff? The Homelessness Reduction Act only changes part 7 of Housing Act 1996 and strengthens existing homelessness legislation.

[peterdelamothe]

Hb staff would have a “duty to refer” and so on….a lot more regulations are due soon. All sounds daft to me with the first county council have gone bankrupt in effect…amazing what councils are supposed to do with less funds every year. I would add that it is a Tory led council that is in such trouble with all Tory mp’s in the area …not for political purposes but to highlight it is not particularly local policies that has caused this just an incredible increase in demand for services….children going into care is apparently soaring. Now why I wonder with benefit cuts and restrictions to two children and so on. Cuts….just a transfer from one budget to another

[Timberley]

I think Julie Hunter's comments refer to the Housing Revenue Account, rather than Homelessness Reduction Act.

[David]

It would depend upon which public authorities are "specified" by the SoS to have a duty to refer cases to a local housing authority, and would apply if the person has agreed to such a referral (s213B  (amended) Housing Act ). 

[Timberley]

There is a new "duty to refer" where a "specified public authority" believes that a person may be homeless or threatened with homelessness. They have a duty to refer that person (with their consent) to the local housing authority. However this is irrelevant in terms of councils because a) it excludes local housing authorities, and b) a homelessness application is triggered by approaching the local authority and asking for help with housing (and giving the local authority reason to believe they may be homeless) – regardless of which part of the council they approach.

It's certainly true that the new duties under the Homelessness Reduction Act are going to increase the burden on local authorities. And I would suggest that any sensible housing department will welcome early referrals from Housing Benefit – the focus is very much on prevention, and preventing homelessness is usually cheaper than rehousing people.

The HRA is being funded initially by "New Burdens" funding from central government. We're getting about £200K for two years. In principle the idea is a good one – preventing homelessness is a potential money-saver.

[peterdelamothe]

certainly the early discussions were about all Council staff having a responsibility…..indeed that was the point….whether that is reflected in the final legislation we will see

[David]

The specified authorities are in SI2018/223 (Reg 10/Schedule). 

1 The governor of a prison within the meaning given in section 53(1) of the Prison Act 1952

2 The director of a contracted out prison within the meaning given in section 84(4) of the Criminal Justice Act 1991.

3 The governor of a young offender institution provided under section 43(1)(a) of the Prison Act 1952.

4 The governor of a secure training centre provided under section 43(1)(b) of the Prison Act 1952.

5 The director of a contracted out secure training centre within the meaning given in section 15 of the Criminal Justice and Public Order Act 1994.

6 The principal of a secure college provided under section 43(1)(c) of the Prison Act 1952.

7 A youth offending team established under section 39(1) of the Crime and Disorder Act 1998.

8 A provider of probation services.

9 An officer, designated by the Secretary of State for Work and Pensions for the purposes of section 213B, employed by the Secretary of State at an office known as a Jobcentre Plus office.

10 A social services authority

11 A person who performs a function of a local authority pursuant to a direction under section  497A(4) or (4A) of the Education Act 1996(a) (which confers power on the Secretary of State to secure the proper performance of local authority education functions, and is applied to social services functions relating to children by section 50 of the Children Act 2004(b) and to functions relating to childcare by section 15 of the Childcare Act 2006(c)).

11 (1) An NHS trust and an NHS foundation trust, but only in connection with the provision of the following NHS health services

  (a) emergency department and urgent treatment centres,

  (b) in-patient treatment.

      (2) For the purposes of paragraph (1)

“emergency department and urgent treatment centres” includes

  (a) accident and emergency services provided in a hospital,

  (b) services known as urgent treatment centres(d),

  (c) any other providers of community and primary urgent care services,

“NHS foundation trust” has the meaning given in section 30 of the National Health Service Act 2006

“NHS health services” means any kind of health services provided as part of the health service continued under, and for the purposes of, section 1(1) of the National Health Service Act 2006,  and

“NHS trust” means an NHS trust established under section 25 of the National Health Service Act 2006.

12 The Secretary of State for Defence, but only in relation to members of the regular armed force

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