Stake your Credit Claim

The recent changes to eligibility for free TV licences brought the subject of a means-tested Pension Credit to the fore.

It is thought that many pensioners are unaware of the credit and it has been estimated that 650,000 over 75s could get Pension Credit if they applied.

A recent article written by Paul Lewis, featured in the Radio Times explains the eligibility criteria and gives details on how to claim. To view the article in full, please click here

Disclaimer:
The details and opinions expressed in the attached article are those of the author. They do not purport to reflect the opinions or views of the Almshouse Association.

Posted: 8 July 19


The Chronicles of Christopher Round, retired Almshouse Clerk

“This article is being written almost a year after my retirement from my dual roles as Clerk to both The Charity of Elizabeth Jane Jones (EJJ) and Heston Parochial Charities (HPC), two Almshouse charities based in the London Borough of Hounslow, yet proximity was about their only similarity, apart from the Clerk!. HPC is very small – just 4 flats in a purpose built block overlooking part of Osterley Park – yet extremely well reserved, so my comments hereafter relate exclusively to EJJ.

One of the last events I hosted at EJJ was a lunch meeting for members of the West London Almshouse Group (WLAG), an entity whose formation was spawned in part by a lunch I held at my former charity to say goodbye and thank you to Anthony Leask – who was about to retire as the Director of the Almshouse Association – to which some 4 or 5 Clerks from other local Almshouses were invited.  The WLAG lunch meeting in March, 2018, was attended by Julian Marzak, on behalf of the Association of which he was then  an Assistant Director, and he it was that urged me to commit my comments to writing, so that others might benefit from my near 20 years’ experience as an Almshouse Clerk.

After spending some 30 years in the City’s financial markets, following Sandhurst and 6 years of commissioned service, I entered the Almshouse sector, as a Nominative Trustee, in 1998.  It soon became apparent that most of their practices were fairly antiquated so when the then Clerk resigned, I threw my hat into the ring to try to contribute much more by providing good administration and sound financial management.  My second Clerk’s role was with EJJ and I first arrived at the Fairholme Estate in Bedfont, EJJ’s home, in March, 2003; taking over as Clerk the next month.  Fairholme is a Grade II (arts & crafts) listed Estate, built between 1930 and 1935, consisting of 72 separate homes of differing sizes, with a large central Assembly Hall, all set symmetrically around, in a sort of squashed horseshoe shaped, roadway in some 12 acres of glorious, tranquil gardens, yet only half a mile south of Heathrow Terminal 4, roughly at mid runway, so very little aircraft noise in most winds;; Fairholme is near enough Utopia. a genuine haven from the hustle and bustle of urban life!

Moreover, EJJ is a paradox, a rarity among Almshouse charities, as the only object of the Trust Deed was to provide homes for the poor – no age specified, no geographic stipulations – and the Charity had no “rules” for the residents, other than, by tradition, no-one was allowed to walk on the grass under the age of 70, or before they had lived at Fairholme for 20 years!  There was no Warden and no staff –  other than the part time Clerk and a couple of contracted gardeners who had been there for years – no book to sign in or out, open gates and the only applied requirement was that everyone should be able to look after themselves, with such domiciliary support services as might be needed.  Because of the sizes of some of the house – there are 12, 4-bedroom houses at Fairholme – children were welcome, so EJJ does accommodate lots of families.

Although I was working single handed in the office, I managed to secure the services of a very experienced Surveyor I had got to know very well whilst at my previous Almshouses to advise generally about the properties, and to supervise all refurbishments, by inviting tenders from those small builders he knew and trusted – our previous builder was soon christened “Jack the Lad”, and his slapdash workmanship ensured that his services were dispensed with fairly quickly.  At the same time, a local firm of Chartered Accountants, with whom I had worked previously, were appointed to help and advise the Clerk, as well as conducting a professional Audit.   Hence, for the first time, the Trustees had a small team, just 3 of us, to guide and advise them and the Charity for the benefit of both EJJ, and its current and future residents. It was not until 2011, that additional staff were engaged formally, although the first appointee has helped me a few years early with the accumulated backlog of filing!  She was joined soon afterwards by a full time gardener, when the previous head gardener retired, and then a couple of years later, by a part time, Sage bookkeeper.  Lastly, in 2015, a part time secretary was appointed to take Board Minutes amongst other duties.

Luckily, both the Chairmen I served under, for several years each, were content to allow me to run EJJ without interference for their entire tenure, so regular telephone and face to face contact ensured they were kept fully appraised of everything that was happening and allowed me to bounce ideas off them.

Much earlier, in 1997, the then Trustees had embarked on an ambitious programme to refurbish the interior of all the properties on the Estate but just 18 homes had been refurbished when I arrived there.  Annual income then, all from WMCs, was about £146k, there were reserves of £105k yet the contractor’s refurbishments were costing some £100k a year.  This situation was completely untenable without some major funding, so all refurbishment work was halted whilst additional funds were sought.  As it happened, I had establish an excellent rapport with the Hammersmith branch of Allied Irish Bank at my previous charity, so my request for assistance was received favourably and AIB agreed, in principle, to grant EJJ a 20 year mortgage of £2.5m, at 1.125% over base, within 10 days of their visit to Fairholme.  However, all thoughts of being able to re-start the refurbishments shortly were soon dashed due to the procrastination of AIB’s lawyers.  Luckily, I was able to raise a £100k loan privately, so refurbishments could continue at a modest pace, pending receipt of the mortgage monies.  After over a year of going through every hoop imaginable, EJJ did eventually received its money, and an initial £975k was drawn down, with the balance of £1.525m available, if and when needed.

One condition for the mortgage was that WMCs had to be increased to more realistic levels – for example, a 1-bed bungalow was then £39 a week and a 3-bedroom house was £70 a week; After being in post for 6 months, a major hike to £70 and £120 respectively, with the larger 4-bedroom houses set at £150, was applied.  In the absence of any guide lines, I had devised a logical mathematical formula, based on the number of bedrooms, and these new charges soon had a dramatic effect on EJJ’s cash flow

The improved cash flow ensured that the pace of refurbishment quickened markedly, and attention was devoted first to the Assembly Hall – new kitchen, new lavatories and a proper office, as this  was, and is, the heart of Fairholme –  to new soak-aways for every house, all the cast iron gutters, with embossed motifs every few feet, and downpipes on the house fronts were refurbished and no longer leaked – and we avoided having to renew 99% of the cast iron work, for which a quote in excess of £500k had been tendered, whereas the dedication and skill of one contractor, who took each and every length down, then back to his workshop before re-fixing them in their original positions, cost some £150k! – disabled ramps were built where necessary, CCTV installed, a new garden shed built to house tractors and all other garden equipment, more staff had been employed and the Estate’s grounds and several individual gardens received awards regularly at the annual London Gardens Society competition..     

By the time I retired in 2018, all but 6 houses – not given the “treatment” due to their resident’s specific requests – had been fully refurbished and EJJ has spent more than £4m on these improvements.  Annual income had grown to circa £550k by prudent cash flow management, reserves had been re-built to nearly £600k, yet no beneficiary household was ever charged more than some 65% of Local Housing Allowance,

I should also at this late stage re-mention Anthony Leask  with whom I had  forged a strong friendship over the years and I was really delighted when he agreed to “come out of retirement from all non-Association Almshouse matters” by agreeing to become an EJJ Trustee in 2015. Entirely on his own initiative, he offered to conduct a top-to-bottom review of EJJ, so that I could be certain that the charity I handed over eventually to my successor was in as good a shape as possible. If I were a proud man, I might not have mentioned this, as the 26 page “Leask Report” found that we were not fully compliant 2 or 3 times on every page!  Most of his issues dealt with relatively minor matters, like all the latest Health & Safety rules, the lack of an accident book, very few formal procedures or budgets had been agreed by the Board, only embryonic risk assessments and no Disaster Recovery plan, etc. but he concluded :-

 “The length of this report and the number of recommendations might suggest the charity is not well.  Such a perception would be wrong.  There is a need for some change and for the improvements made in recent years to be sustained, but overall the charity is well run; the almshouses are in good order; the finances sound and the residents happy.”

There are a number of principles that have guided me throughout which I would like to share, as these formed the backbone of my tenure as an Almshouse Clerk. 

  1. All of us, that is Trustees, management and employees are with their charity to try their very best to make life as comfortable and stress-free as possible for all beneficiaries (our residents)
  2. We are all are mere custodians of the charity and it is our duty to endeavour to pass it on in better shape, community and ambience that when we joined.
  3. Never be frightened to consult your peer group – the Almshouse Association itself, local Almshouse groups or even other Clerks – as many others will have faced, and solved similar issues in the past.  As the saying goes “a problem shared is a problem halved” 
  4. The Charity Commission (CC) seems to have changed its attitude to Almshouses, and are now much more helpful.  EJJ changed its status and incorporated, with the full support of the CC, in 2015 so is now governed by a Trustee company with limited liability, still controlled by all the former Trustees who are now Directors of the Trustee company.  More importantly, nothing else, apart from the Constitution has changed, same Charity number, same bank accounts, no need tore-register the property etc. 
  5. Unless a charity has massive reserves, Collective investment funds, specifically designed for Charities are far easier to monitor than individual stocks and shares.  In particular, EJJ established a policy to build up its M&G managed NAACIF funds until their combined value was in excess of £1m, whereupon another investment manager might be used for the next cycle of investments, until these also reach £1m, and then another, and so on.
  6. Have the courage of your convictions, as a Charity that stands still, is actually losing ground.   Never be frightened to investigate and analyse any and every opportunity to expand / and or to provide better homes for the beneficiaries.  If your almshouses are in an expensive area but difficult and costly to maintain, consider re-providing perhaps more almshouses in a less expensive part of your area of benefit, and then letting the original almshouses on a commercial basis for long term investment.  With careful planning, it can be done!

I have tried in this article to chronicle my Almshouse career and to highlight the various hurdles faced, and then to conclude with those principles that have steered me through some turbulent times.  I hope that others may benefit from my experiences.

Now I have retired, I am delighted to have handed over the reins of EJJ (and HPC) to Nigel Lucas whose Almshouse experience is similar to my own, so that I am sure the improvements highlighted in the Leask Report, will be followed through and that EJJ and Fairholme, my real haven for 18 years, will be in very safe and competent hands. “


TV Licence update

No doubt you have heard the BBC announcement that anyone aged 75 for over will now be required to pay for their TV licence (unless they receive pension credit). So how does this effect almshouse residents?

Firstly, any person who is 75 or over will continue to be covered by their free licence until it runs out on 1st June 2020.

After 1st June 2020, any person who is 75 or over (that does not qualify for a free licence because they do not receive pension credit), will be required to pay for a TV licence, but will qualify for a reduced licence fee under ARC rules if the almshouse charity is eligible.

For details on ARC eligibility, please refer to our previous news items on the subject.

News item 23/03/19
News item 30/07/18


Published 12 Jun 19


Claiming Universal Credit – lessons learned

An almshouse charity has shared the experiences of its younger residents making claims for Universal Credit (UC) which in some cases have proved to be challenging.

“It has been found that in the case of those almshouse charities that are Registered Providers it is critical at the outset that the accommodation is declared as being social rented accommodation. If a charity is not a Registered Provider it will becategorised as private rented accommodation the maximum monthly ‘rent’ paid via Universal Credit is equivalent to the local housing allowance.

The residents, when making the claim, should not indicate that they are accommodated in supported housing on the basis that the typical support provided by almshouse charities is that of Lifeline, Scheme Manager support services etc. which are not deemed to be eligible support costs from a UC perspective. It is also important that when completing the Social Rented Sector verification form the charity as ‘landlord’ should indicate that the resident is not in ‘specified accommodation’, otherwise known as ‘supported exempt accommodation’.

The weekly maintenance contribution (WMC) paid by the resident should be inserted under the ‘basic rent amount’ required on the form; any other housing-related costs in addition to the WMC should be categorised as ‘ineligible service charge amount for UC’. Any difference shown between the resident’s declaration of ‘rent breakdown’ and the ‘landlord’s declaration will result in an anomaly and the resident being asked whether he or she agrees with the landlord’s figures.   

In the case in question, however, the UC office considered the resident’s declaration to relate to ‘supported housing’ without liaising with the local authority’s Housing Benefits Team. It is for the local authority to determine whether the support provided by an almshouse charity to its residents meets the conditions of ‘supported exempt’. In these cases the claimant must claim Housing Benefit to meet the housing costs and it should not form part of the UC claim.

The charity then provided a detailed breakdown of their service charge to the local authority following which the authority confirmed that ‘supported accommodation’ did not apply and that the housing costs would need to be met by UC. However, the referral from the UC office to the local authority which then referred the matter back again led to an undue delay with the resident being nearly five months in arrears in receipt of benefit payments. 

The lessons learned from the experience are:

Try to engage with the resident early on in the process to ensure the declarations made on the UC form are correct.

Liaise with the local authority to obtain a ruling as to whether the nature of support provided by the charity to residents leads to a classification of ‘supported accommodation’ or otherwise.

Check the terminology carefully i.e. ‘supported housing’, ‘specified accommodation’ or ‘supported exempt accommodation’. “


Influencing local planning on housing and ageing

The Older People’s Housing Champions Group, working in partnership with Care & Repair England has published Planning Ahead: Influencing local planning on housing and ageing.

The new guide provides an overview of the planning system and potential opportunities to influence the homes and neighbourhoods being planned and built, particularly regarding making good inclusive places to live as people get older. It also contains a practical example of how High Peak Access Group influenced the Local Plan.

It is aimed at local older people’s groups and forums and draws on the experience of members of the older people’s housing champions network and representatives from the Town and Country Planning Association.

The Older People’s Housing Champions  would love to hear from you if you are taking any local action on housing and ageing.

Website: www.housingactionblog.wordpress.com
Email: housingchampionsnetwork@gmail.com


Housing Benefit and Universal Credit

Following presentations on Universal Credit and Housing Benefit at the Scheme Manager/Wardens Seminar (Tuesday 25th September 2018), it became clear that some Local Authorities did not understand that the Weekly Maintenance Contribution equates to a rent (paid by a private tenant).  This has led to problems with residents claiming Housing Benefit and Universal Credit.

The Almshouse Association will be highlighting this issue to both national and local government but should any Almshouse Charity face similar problems they should direct the Local Authority to:

The Housing Finance Act 1972 – ‘Extension of the Allowance Scheme to Almspeople’

This is quoted below:

“Regulations made under Section 19A of the 1972 Act.  Joint Circular 107/75 Appointed Day

2.  The Housing Rent and Subsidies Act 1975 (Allowances for Almspeople) Appointed Day Order 1975 (SI1975 No 1565) bring almspeople within the scope of allowances schemes on 17 November 1975.

3.  Regulations which have been made under Section 19A of the 1972 Act (hereinafter referred to as “the regulations”) modify and adapt existing provisions of Part II and Schedules 3 and 4 of the Act, together with the various instruments (principally directions) made thereunder, so as to meet the special circumstances of almspeople.

4.  The general modifications specified in Part 1 of Schedule 2 to the regulations relate to the substitution of terminology applicable to almspeople for that applicable to private tenants of rented accommodation (eg “almsperson” for “tenant”, “weekly maintenance contribution” for “weekly rent” etc).  In some instances it has been necessary either to make more substantial alternations to the existing provisions or to disapply them specifically in relation to almspeople.”

In summary of the above, Weekly Maintenance Contributions required to be paid by an almsperson equates to a rent (paid by a private tenant).

We understand that all new applicants for Housing Benefit will now fall under the Universal Credit scheme and existing claimants will be migrated to Universal Credit over the next 5 years.  There is a lot of useful information about Universal Credit at the following:

https://www.gov.uk/government/publications/universal-credit-and-you/universal-credit-and-you-a

 


The Heat Network Regulations

Devonshires Solicitors have provided the Almshouse Association with an informative factsheet regarding the Heat Network (Metering and Billing) Regulations 2014 that you can download here.

As far as we are aware, there have been no changes to the Regulations since they came into force in 2015. The Almshouse Association will notify members of any updates in ‘Latest News’.


GDPR Presentation by Protecture

At the recent Trustees and Clerks Seminar held  at the Bristol and Anchor Almshouse Charity on Tuesday 19th June 2018,  charity members received training on a number of topics, including The Application and Appointment Process, Managing Challenging Situations with Residents, Fire Safety and Data Protection.

As many are aware, there have been a number of changes to General Data Protection Regulations this year and to assist charities with compliance, we invited a company called Protecture, which has a team of data protection experts, to attend our seminar, give a presentation on GDPR and answer members’ questions. They have kindly given us permission to post their presentation on our website which can be accessed by clicking here.

More information on Protecture can be obtained by visiting their website at  https://protecture.org.uk/

The Almshouse Association has produced a model policy and guidance notes which can be accessed by clicking on the links.

 

Important Note: The products and services of third parties should be compared with others in the market place


Controlling Legionella Risks – the legal requirements

The Almshouse Association has recently received enquiries from a number of member almshouse charities concerning Trustees’ responsibilities in controlling legionella.

All almshouse providers are legally obliged to arrange for a legionella risk assessment to be carried out:

Once a reputable firm has been appointed to carry out the risk assessment, a senior member of staff or a Trustee should attend a legionella awareness course. The remedial works itemised in the risk assessment should be carried out and monitoring control measures put in place which should be recorded in a logbook. The logbook must be completed each time actions are carried out, such as the cleaning of water tanks, fitting new lids with vents, removing dead leg pipework, cleaning shower heads etc.

There are three steps to compliance with the legislation:

Step 1

Risk Assess the Property: All actions carried out will be based upon the contents of the risk assessment taking into account water supply, storage, form of heating water and hot and cold water distribution, including the outlets. Any remedial works and control schemes stipulated will be included in the document irrespective of whose responsibility it is to take necessary actions.

Step 2

Remedials: Remedial works should be carried out in a planned, prioritised way to reduce the risk of legionella.

Step 3

Put in place control measures: These should relate to individual dwellings as well as communal areas if applicable. Residents should be made aware of their individual responsibilities i.e. regularly cleaning showerheads, informing the charity if the hot water is not working properly or any other problems with the water system. It is important that residents are advised that after periods of absence from their almshouses they should flush through the water system by turning on taps and letting the water run for a while. Residents should be informed to take care when running showers before use as running water at pressure causes an aerosol effect and increases risk to the operator. It is recommended therefore that a plastic bag is placed over shower heads while the system is flushed through.

Training in legionella control is provided by various companies, one of which is Eplus Global Ltd (www.eplusglobal.co.uk) For further information contact Ben French at benfrench@eplusglobal.co.uk,  Mobile: 07788 421651


Quinquennial Inspections

The Almshouse Association strongly recommends that almshouse charities carry out a Quinquennial Survey (or stock condition report) every 5 years.

Based upon the Quinquennial Inspection Report, trustees should be able to plan routine and cyclical maintenance for the following five years.

A management tool – The quinquennial report is there to:

  • help create budgets for repair maintenance and improvements
  • help make informed decisions about how to manage the building stock in your trust
  • help plan preventive maintenance. The word preventive is the important one – you want to  avoid reactive maintenance – fixing the fault after it has developed and instead think about preventive maintenance – fixing it just before it goes wrong in order to avert all the problems that flow from a building element failing.

Selecting an architect, architectural technician or building surveyor is key.
Trustees should seek references and draw up a short-list. The charity must ensure that the person chosen is someone they feel they can work with and who understands almshouses. A fee basis should be agreed for the project and there may be an element of commission for supervision of repairs and maintenance work.

A Quinquennial Report is very practical as it will give an overview with recommendations for upcoming maintenance issues, enabling the charity to ensure they are not faced with a crisis. One of the Association’s Panel members stated that the Quinquennial allowed trustees to adopt a “stitch in time” approach so that they could spread the cost of future repairs and maintenance.

Many of the Association’s Panel of Consultants undertake Quinquennial Inspections regularly for almshouse charities. Details of Panel members and the areas they cover can be found on our website: www.almshouses.org/panel-of-consultants

The Quinquennial will involve an inspection of the dwellings, inside and out and is carried out with residents present. The charity may be required to provide ladders and, on occasion, a cherry picker.

The report will normally prioritise items that need to be addressed, immediately, in the 1st year, in the 2nd year etc. and will often include an indication of costs for each item. This assists trustees in drawing up both their maintenance plan and budget. The report should suggest priorities for the work and there are 3 main categories for this

  • Urgent items that you cannot and must not ignore
  • Things that you really ought to do if you can
  • The wish list.

The priorities of the surveyor might not coincide with yours, especially if a vacancy occurs giving the chance for refurbishment work. This is where understanding the the fundamental purpose of the report is important. The report should give the ability to be flexible in what you do.  If,  for whatever reason, trustees decide not to do something then they should have made an informed decision.

With a structured programme, if something is not managed one year, then it can be allocated to another year. This is why it is vital that once trustees have established a programme it is renewed every five years. That way anything not done in the front end of the programme can be reassessed and re-prioritised.

Click here for a link to our template Quinquennial Inspection Report