Consultation on draft Welfare Funds (Scotland) Bill and options for challenging decisions made by local authorities on applications to the Scottish Welfare Fund

Annex B SWF Statutory Guidance Proposed Content

a) Policy context and background

• The history of the SWF and the discretionary Social Fund
• Background on Welfare Reform
• The wider Scottish Government policy context and specific objectives for the guidance
• Advice on equality impacts
• Human Rights considerations
• Groups likely to benefit from the SWF

b) The purpose and objectives of the grants

c) Financial management approach

• How LAs should approach setting priority ratings for the decision making process
• Making connections to audit, risk assessment and fraud
• How to charge items awarded to the SWF budget

d) The holistic approach - other services to link to and the value they can add

e) Links to wider welfare system/DWP benefits

• Data sharing with DWP
• Interaction with short term benefit allowances and budgeting loans
• What to do if an applicant is subject to sanctions and disallowances

f) Detail on eligibility and how to interpret regulations

• Examples of when an LA might make an exception to qualifying benefits
• How far in advance of need an application can be made for a community care grant

g) Financial calculations

• Examples of capital to take in to account in making calculations
• What to do when capital is not releasable
• Guideline daily amounts for payments for living expenses
• A guideline minimum award

h) Four stage decision making process.

• An explanation of the inquisitorial role of decision makers in gathering and assessing the information in an application
• Good practice in decision making
• Information that should be recorded about applications and decisions
• How long to keep paperwork

i) Situations where a grant might be given

• Examples of situations where a grant might be given
• Things to take into account in making an award

j) The type of support that might be given when an award is made

• Grants, vouchers, items etc.
• Making an award in principle, on the condition that something else happens.
• Points to consider in making an award, for example stigma, disability, religious observance
• Provision of supervised spend to support an applicant

k) The application process

• Requirement for LAs to promote awareness of the SWF on their websites as a minimum
• How the service should be made available - on line, on the phone, face to face
• Good practice in meeting needs of vulnerable groups
• Good practice in communicating the decision

l) First and second tier review

• The objectives of review
• What an applicant should include in a request for review
• How to deal with additional information and a change of circumstances during the review process
• The process for first tier review
• The process for second tier review
• The role of the Scottish Public Services Ombudsman
• The role of Judicial Review
• Review as a driver for improving the service

m) Monitoring and quality improvement

• Promoting consistency in decision making
• Advice on monitoring
• Benchmarking and quality improvement

n) Definitions - e.g. of a child, dependent child, family, planned re-settlement programme

o) Excluded items/needs i.e. a list of items not provided by the funds

p) Sample paperwork - e.g.

• Application form
• Decision recording
• Decision letters
• Review letters