From:                                   Adrian Blaylock (CBRS) <cipfa@email.cipfa.org.uk>

Sent:                                    14 May 2020 11:31

To:                                        Pitt, Joanne

Subject:                                CBRS Newsletter May 2020

 

 

 

Benefits And Revenues Service Newsletter

May 2020

 

Events

Revenues Events


The revenues events which were timetabled for May have been delayed due to the unprecedented demand for help and advice.

This demand has now reduced so the events will be rescheduled in the near future. However, now we have confirmation that the fair funding review and the move to 75% rates retention are to be delayed there is likely to be a change to the programme to ensure the content is relevant.

Benefits Events


The series of benefits events scheduled for March and April (completing the housing benefit subsidy claim and the spring benefits update) were delivered by webinar.

Both series of events are accompanied by detailed associated notes which include further background information on the issues raised.

This documentation is available from the CBRS website .

If you have problems accessing these notes, you can request that they can be e-mailed to you. Please e-mail me at Sheldon.wood@cipfa.org.

Further information about future webinars providing an update of welfare related issues will be provided as part of the next newsletter and on our website.

CBRS Home

Advisor Update

Welcome to the May newsletter for subscribers to the CIPFA Benefits and Revenues Service (CBRS).

As the Government announcements affecting our area have, as least for now, quietened down we thought it appropriate to bring you a broader round up of developments.

We know that benefits and revenues teams across the country are still dealing with the work generated from the national support being delivered locally so, just a reminder, we are here to help. If you need any advice or support please do not hesitate to contact us.

MyCIPFA - Preference Centre of the CIPFA website

We would encourage all practitioners to login to MyCIPFA and check that you are happy the settings for the various CIPFA Networks are as you would like them. Please ensure that CBRS is set to ‘On’ as your preferences will dictate whether or not you hear about our events and receive our newsletters in future.

Please can you also encourage your colleagues to check their preference centre settings to make sure they don’t miss out on CIPFA updates that might be relevant to them.

Adrian & Sheldon

 

Benefits News

Latest Universal Credit statistics

In the first month after the coronavirus lockdown (16 March 2020 to 15 April), more than 1.5 million initial applications (referred to in DWP published statistics as ‘declarations’) were made for universal credit compared with the pre-crisis monthly number of claims of around 200,000 claims.

Since then, although the numbers have fallen since this peak, the number of claims for universal credit each week, continue to be more than double the weekly pre crisis numbers.

Local authorities can expect to receive a similar increase in the number of applications being made under their council tax support schemes. This will also impact on the number of additional hardship awards being made for council tax support under the new hardship fund arrangements.

The 'Universal Credit management information tables: 1 March to 5 May 2020', published by the DWP contain the first of new weekly updates on the daily number of declarations made to universal credit.

These statistics show that there were more than 170,000 individual 'declarations' made during the week beginning 29 April 2020, as compared to just over 75,000 in week beginning 4 March

A 'declaration' is made where an individual/household provides information on their personal circumstances to begin a universal credit claim. Not all declarations will go on to receive a payment. The pre-crisis data shows that around 20% of declarations are closed without an award of universal credit being made, due to the claimant failing to comply with the claimant commitment or initial interview requirements.

Analysing the figures set out in the tables, the DWP highlights that -

  • from 1 March to 28 April 2020, there were 2.5 million individual 'declarations' to universal credit
  • since 16 March 2020, when the coronavirus lockdown came into effect, there have been 2.3 million individual 'declarations'
  • while there is still an increase in volumes compared to normal business, these are now beginning to fall

The DWP also sets out statistics on the number of universal credit advances paid in the period from 1 March to 28 April 2020, including that, since 16 March 2020 it has made around 815,000 advance payments.

Stat-Xplore contains some ready-made tables and allows users to explore universal credit data and build their own tables.


Job retention scheme extended until the end of October

On the 12 May 2020, Chancellor Rishi Sunak announced that the Coronavirus Job Retention Scheme will be extended to end of October 2020.

The Chancellor also announced that furloughed staff will be able to work part-time from August 2020, but that employers will be asked to start sharing the costs of paying people's salaries

The scheme initially came into effect from 1 March 2020 for three months but was later extended to the end of June 2020.

Mr Sunak told parliament that -

  • the scheme will be extended for a further four months, for all sectors and regions of the UK
  • there will be no changes to the scheme before the end of July
  • from August to October, employers currently using the scheme will be able to bring furloughed employees back part-time
  • from August, employers will be asked to start sharing the costs of paying people's salaries
  • the 'combined efforts of government and employers', will continue to provide furloughed employees with 80% of their salary, up to £2,500 a month.

More details and information around the extended scheme's implementation will be made available by the end of May.

Employees affected by Coronavirus will retain entitlement to tax credits

On 4 May 2020, Her Majesty’s Revenues and Customs (HMRC) confirmed employees and self employed receiving legacy tax credits who have been furloughed or otherwise are not working their normal hours will be treated as if they were still working their normal hours and will retain entitlement to their usual tax credits until the Job Retention Scheme and Self-Employment Income Support Scheme close, even if they are not using either scheme.

Claimants will not need to contact HMRC about this change. Instead, they will automatically be treated as working based on the information already held about the number of hours they normally work.

Claimants should still report any other changes in income, childcare and hours in the normal way or if their partner loses their job, is made redundant or ceases trading.

For more information, see Tax credits customers will continue to receive payments even if working fewer hours due to COVID-19 from gov.uk

Claims for universal credit made by legacy tax credit claimants

In a tweet from DWP on April 27 2020, the DWP issued a warning that anyone currently receiving tax credits who applies for universal credit, will bring their tax credit claim to an end, even where it is subsequently determined that the claimant does not qualify for universal credit.

Such a situation may occur, for example, where the claimant’s capital is above £16,000 or where the steeper earnings taper results in the claimant not being eligible for universal credit.

In such situations, regulations prevent legacy tax credits from being re-claimed. In addition, the DWP says that neither they, nor HMRC, will provide ‘better-buy’ advice on whether claiming universal credit or tax credits will provide a higher entitlement to benefits.

In a debate in parliament on 4 May 2020 providing an update on Covid 19 the Secretary of State for Work and Pensions, Dr Thérèse Coffey said she is 'actively looking' at what can be done for tax credit claimants who have lost their entitlement due to applying for universal credit.

Dr Coffey added that she has 'already asked for the website to be updated', so that people are 'crystal clear' when they apply.

Her reply was in response to a question was raised by Conservative MP Owen Paterson about tax credit claimants who have been encouraged by the government to claim universal credit without realising that doing so would cause their entitlement to tax credits to cease. Dr. Coffey’s reply was;

'I am very aware of the issue he is bringing to my attention, and I am actively looking at that particular scenario, where people, not realising some of the eligibility rules, have then made the application and are no longer effectively going to receive working tax credits.

I cannot give an answer to my right hon. Friend or the House today, but I assure him that I am looking very carefully into what changes we could make to address that situation. I have already asked for the website to be updated, so that people are crystal clear when they apply.'

In addition, Dr. Coffey rejected requests to introduce a number of other measures to support those still struggling as a result of COVID-19 - including suspending the benefit cap and two child policy, and raising legacy benefits in line with universal credit.

Launch of on-line service for landlords to request direct payments

The DWP has launched a new online service for landlords to request monthly direct payments of rent or direct payment of rent arrears.

Direct payment of rent arrears is subject to the maximum level of direct deductions, currently 30% of the universal credit standard element. Such direct deductions were also suspended until 10 May 2020. Details are still awaited as to whether this timescale will be/has been extended.

The on-line service, called the Apply for a Direct Rent Payment service replaces the existing managed payment to landlord (MPTL) request process, that relied on landlords obtaining and completing a UC47 form which could be requested online but then had to be emailed or posted to the DWP.

The DWP has also provided updated guidance to both private sector and social landlords on using the new service.

A managed payment to landlord can be made when:

  • a claimant is in arrears with their rent for an amount equal to, or more than, 2 months of their rent
  • a claimant has continually underpaid their rent over more than 2 months, and they have accrued arrears of an amount equal to or more than one month’s rent
  • any of the other vulnerability issues set out in either Tier 1 or Tier 2 alternative payment factors apply
  • a claimant was previously in receipt of Housing Benefit and it was paid to their landlord, a MPTL can be considered providing the claimant continues to meet the Tier 1 or Tier 2 APA factors

Following a request for direct payment of a tenant’s housing element of their universal credit award or payment towards rent arrears, landlords will be notified of the DWP’s decision. The DWP says they will be unable to provide the reason for any decision to turn down the request “because of data sharing regulations and claimant confidentiality.”

Social landlords are also able to apply for a a managed payment to landlord as part of the housing costs verification process using the UC Landlord Portal or by using the form issued by universal credit that requests housing cost details.

There are three types of alternative payment arrangements (APA) which universal claimants or their landlords may request

  • a managed payment to landlord of the housing element
  • more frequent payments, and
  • split payments.

A managed payment of housing costs to the landlord is the first priority in any request for an APA.

The second priority will be a request for more frequent payments which, where appropriate, will be considered by universal credit decision makers.

The third priority will be requests for split payment of an award between partners, where the child elements can be paid directly to the partner who has the main child responsibilities.

This will only considered in certain circumstances, such as where there is;

  • financial abuse where one partner mismanages the universal credit payment
  • where domestic violence is an issue and the couple remain together in the same household, but only one claim to Universal Credit is made

According to the latest figures (September 2019) just 80 split payments have actually been applied by DWP throughout the UK.

If the claimant meets the criteria for either more frequent payment or split payment, a managed payment to landlord of the whole of the housing element will automatically be considered.

 

Revenues News

 

NNDR Revaluation

As reported in last weeks e-alert, Government have taken the decision not to progress a 2021 revaluation. We will need to wait and see what this means in reality, the current default position is for the revaluation to take place as originally planned in 2022, however, I understand from Government officials that they are now considering whether to introduce a revaluation in 2022.

The decision on this could be influenced by the fundamental review of business rates which is still to be progressed later this year.

Business Rates Review - Terms of Reference

The terms of reference sets out the objectives, scope and governance of the Business Rates Review. It will be followed by a call for evidence in spring 2020, ahead of the review reporting in autumn 2020.

2019-20 NNDR3 Return

I have been advised by MHCLG that they are hoping to issue the NNDR3 return before the end of the week.

Whilst the deadline for submission of the return is expected to be the 31st July please remember that the completed return may be required before then for other purposes within your own authority and the form can be submitted as soon as it is ready, you do not need to wait for the deadline.

Discretionary Business Grant Scheme

I have been involved in a number of calls with BEIS and others on both the original grant schemes and the discretionary scheme.

At the time of writing the guidance for the discretionary scheme has not yet been published, however, hopefully by the time you read this the guidance will have been issued.

As with the original schemes I am happy to give my advice where I can, just be aware that as the new scheme has a considerable amount of discretion the key will be getting your scheme right.

In the scheme of things the amount of funding available is very limited and with a considerable number of ratepayers who have not had any support there are likely to be a significant number of applications, therefore, your scheme will need to be clear on the qualifying criteria and the amount of award.

BEIS have been advised and are aware of the delays likely to be caused by the development and approval of a scheme and an application process. Cabinet Office are hoping to help by developing a generic application form that can, but doesn't have to, be used. If nothing else it can be used as a basis for developing your own application form.

Each authority will be notified by letter what their allocation of funding is and this will be based on the data submissions from the 4th May, specifically your projection of total spend, rather than a proportion of the original funding allocated. Comparison checks are being done between weeks 4, 5 and 6 to ensure there have been no significant deviations from the data submitted on the 4th May.

As well as being able to report the different scheme values back to BEIS, in accounting terms, there is likely to be different treatment of the discretionary scheme and the original schemes. Therefore it is imperative that you can distinguish between grants awarded under the different schemes.

Nuffield Health Vs LB Merton - Mandatory Relief

Back in January the High Court heard the above case.

The description of the property is what you would expect to see for a gym of this type, gym, pool, spa pool, sauna, steam room, changing rooms, office space etc.

The Court decided that the property is used wholly or mainly for charitable purposes and therefore entitled to mandatory relief and awarded a payment of interest on the sum which is now to be repaid.

I am unable to find the decision on the usual case law decision database, however, it has been published by The Charity Tax Group (see link above).

The case related to one property however, if you have a similar property in your area that you have refused relief you may wish to consider whether the decision in this case should be applied.

Valuation Tribunal - Consolidated Practice Statement


The latest version of the consolidated practice statement came into effect from the 1st April 2020.

I recommend that all staff with responsibility for VT's are made aware of the latest version as failure to adhere to the rules can lead to evidence not being allowed.

Council Tax - House in Multiple Occupation?


I have had more than one person tell me that the way the valuation office are bringing domestic properties into the valuation list has changed recently.

Properties which we would have expected to be brought in as HMO's are being brought in as multiple properties even where they are not self contained and share facilities.

The case in the link above is one such property, a former hotel converted to domestic use.

The property consisted of 13 rooms, 7 of which had en-suite facilities with all sharing kitchen, dining and living facilities.

The tribunal decided that each room was a hereditament in its own right as they met the four elements required for rateable occupation as determined in the Laing case. The test of whether a property is self contained would only apply where the property fails the hereditament test.

This case causes an issue in my view as I am struggling to understand when a room in a HMO would not meet the hereditament test as outlined in this case.

The Taking Control of Goods and Certification of Enforcement Agents (Amendment) (Coronavirus) Regulations 2020 (SI 2020/451)

The above regulations were laid before Parliament on the 24th April in response to the current health crisis.

The regulations prevent the taking control of goods during a period where a person is prevented from leaving their home without reasonable excuse, in effect putting a stop to action by enforcement agents during lock down.

The time limit for taking control of goods is automatically extended by a period of 12 months where on the 26th March there was less than a month left before the expiry of the time limit for the taking control of goods.

In addition any enforcement agent whose certification, on the 26th March, was due to expire in less than three months will have their certification extended for 6 months from the expiry date.

Revaluation and reform: bringing council tax in England into the 21st century

Just as lockdown began the Institute for Fiscal Studies (IFS) published a report analysing the effect of updating and reforming council tax on different local authorities (LAs) and different household types in England.

It explains why the current council tax system is not fit for purpose, and sets out a range of reform options – from the relatively modest (just revaluing properties to reflect changes in relative house prices) to their preferred, more radical approach (a tax proportional to property value).

It assesses the impact of these reforms on tax bills in different parts of England and for different types of households and looks at options for mitigating the impact of reform on low-income households living in high-value properties who would lose from reform – but who in any case are far fewer in number than those low-income households that would gain.

 

Publications

NNDR to be collected in 20-21

NNDR Information letters

Valuation in Practice - Issue 56

Council Tax Information Letters

 

Benefits And Revenues Advisors

Adrian Blaylock

Revenues Advisor
+44 (0)1302 772674
adrian.blaylock@cipfa.org

Sheldon Wood
Benefits Advisor
+44 (0)114 255932
sheldon.wood@cipfa.org

CIPFA | The Chartered Institute of Public Finance & Accountancy

 

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