Optional Extra - April 2007
Welcome to Optional Extra. Every month we'll update you about what's happening in the world of housing and disabled people and, of course, at Ownership Options. We'll be covering subjects such as the changes in legislation affecting adaptations, the roll-out of the Homestake homebuyers' scheme and developments in benefits-based mortgage lending for disabled people. Along the way, we aim to highlight cases of good practice as well as examples of the bariers faced by disabled people in their search for decent housing.
We welcome your comments, and suggestions for subjects to be covered in future issues, which can be emailed to optionalextra@ownershipoptions.org.uk. Feel free to forward the newsletter to your colleagues, who can subscribe by emailing us at the address above quoting "subscribe" in the subject line.
Who's promising what? Housing & disabled people in the Party ManifestosOur quick trawl of the main parties’ election manifestos for any reference to housing for disabled people was not very encouraging. The results, in alphabetical order, were:
Scottish Conservative & Unionist Party – ‘We would encourage local housing providers to adapt houses specifically for elderly and disabled people. This will be done through grants and a requirement to provide a minimum of 5% of sheltered houses in any new development. This will ensure that elderly and disabled people are included in mainstream housing to encourage a proper mix within a neighbourhood.’
Scottish Green Party – no mention apart from a reference to providing safe housing for men, women and children experiencing abuse, including provision for those with disabilities, drug and alcohol problems.
Scottish Labour Party – no mention at all, with disabled people mentioned once only, in the context of ‘We will promote civil rights for disabled people’.
Scottish Liberal Democrats – ‘We will encourage local authorities to put in place Registers of Accessible Housing to ensure that best use is made of housing stock that is accessible to disabled tenants.’
Scottish National Party – no references to housing and disabled people, and only 2 references to care provision for disabled people in document.
Scottish Socialist Party – The only party to have several references to disabled people. Specific housing statements include: ‘Housing to be adapted to meet the needs of disabled occupants on request’, a ‘guaranteed right of disabled people to autonomy including the right to choose where to live…’ and ‘Resources to enable all disabled people the opportunity of living independently in a fully accessible and attractive house with appropriate personal assistance.’
For more information about how the party manifestos cover housing generally, you can download the Scottish Federation of Housing Association’s summary here.
The Electoral Commission’s website VoteScotland contains information about voting in the elections on May 3rd.
Planning Application fees may not apply!We regularly receive enquiries from people who need to extend their properties, in order to make the home more suitable for a disabled person. But many people are not aware, or have not been correctly informed, that they may not be liable to pay for the planning application fees that are often required in building extensions.
Where the intended work is to adapt, alter or extend an existing property to make it suitable for a disabled person, and the planning authority involved is satisfied that the proposed extension is solely to improve access, or the health and comfort of a disabled person who is, or soon will be, living in the property, then the planning application fees (which start at £145 per application) should be waived.
This is made clear in the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 2004 (SSI 2004 No 219) which confirms that disabled people are exempt from paying planning fees, subject to the following criteria reproduced below.
EXEMPTIONS
7. The Regulations provide for exemptions from fees for planning applications and applications for approval of reserved matters.
A. DISABLED PEOPLE
Applications for planning permission to alter or extend an existing dwellinghouse, or to carry out operations within the curtilage of an existing dwellinghouse, are exempt from payment of a fee if the planning authority is satisfied that the proposed development is intended solely to improve access, safety, health or comfort for a disabled person who is living in the house. This applies to cases where the disabled person is not yet in residence. The exemption does not apply to the construction of a new dwellinghouse. Applications for operations in connection with a building to which the public have access are also exempt from payment of a fee if the planning authority is satisfied that the proposed development is intended solely to provide means of access to or within the building for disabled persons. The exemption is not confined to those buildings where there is a statutory obligation to provide such access.
For more information about the Planning Application process in Scotland, as well as detailed advice about finding an architect or builder, you can refer to the following specialist website - www.ukplanning.com
Local Housing Allowance and disabled peopleLocal Housing Allowance (LHA) is the new way of working out Housing Benefit for those in the private sector who cannot afford their rent. It is at present being trialled in Argyll and Bute and Edinburgh, but the UK Government intends to roll out the scheme nationally in 2008. We are concerned that the new scheme will not meet the needs of those requiring an extra room for carers or equipment.
The actual sum of LHA paid is subject to a means test (as with normal Housing Benefit) but the standard allowance is determined by the size of property the household is deemed to require. Since the benefit received does not increase or decrease in response to the actual rent charged, the claimant can choose between paying more to live in a larger property or decide to rent a property where the rent is lower than the LHA and keep the difference.
For example, under LHA, a couple living on their own are entitled to benefit at the rate set for a property with 1 bedroom and 1 living room. If they live in Oban they will receive £77 per week, and if they live in Helensburgh they will receive £88 per week. If they rent a property in Oban costing £75 per week they keep the extra £2 per week. If they rent a flat in Helensburgh fro £90 per week, they must make up the £2 shortfall.
The problem comes if the couple require an additional bedroom for a carer or specialist equipment, as LHA has not been designed to take account of this. If the couple above lived in Helensburgh and had to rent a 2 bedroom property, they would still only get the 1 bedroom rate of £88 instead of the 2 bedroom rate of £105. This oversight in the design of LHA could leave disabled tenants significantly short of money to pay their rent.
We believe that those with a need for an extra room arising out of an impairment should receive the correct LHA rate. The Department for Work and Pensions does not, however, see a need to amend the scheme. We’ve also worked with Shelter to amend the relevant legislation as it goes through the House of Lords but have so far been unsuccessful.
As it stands, disabled people will have to rely on their local authority being generous in their provision of Discretionary Housing Payments to meet any shortfall in Housing Benefit. These payments are, however, often provided for very short periods and may be subject to regular review.
We’re still hopeful that some compromise could be reached before the scheme is rolled out nationally. We’ll keep you updated of any progress.
Could your local DPHS be helping you?
There are currently 7 Disabled Persons Housing Services (DPHSs) in Scotland. Whilst they are all independently managed and run, they all share the aim of enabling disabled people to find solutions to their housing needs. Most provide housing advice and information, as well as matching services to link local disabled people with accessible property provided by, amongst others, social landlords.
You can find out more by contacting:
DPHS Aberdeen City
43 Raeden Court
Midstocket Road
Aberdeen
AB15 5PF
01224 810222
info@dphsaberdeen.org
www.dphsaberdeen.orgDPHS Aberdeenshire
1 Carters Close
Peterhead
Aberdeenshire
AB42 1UU
01779 490908
admin@dphsa.co.uk
www.dphsa.co.ukDPHS Borders
1 Orchard Park
St.Boswells
Melrose
Roxburghshire
TD6 0DA
01835 823122
dphsborders@msn.com
www.dphsborders.ik.comDPHS Fife
58 Evans Business Centre
Mitchelston Drive
Kirkcaldy
KY1 3NB
01592 657 772
enquiries@dphsfife.org.uk
www.dphsfife.org.ukDPHS North Ayrshire
5 Woodgrove
Dreghorn
Ayrshire
KA11 4DZ
01294 219730
dphs@ayrshirenorth.org
www.dphsna.orgDPHS Renfrewshire
8 Collier Street
Johnstone
Renfrewshire
PA5 8AR
01505 325727
www.johnstonetown.org.uk/dphs/index.htmGlasgow Accessible Housing Solutions
117-127 Brook Street
Glasgow
G40 3AP
0141 550 3522
www.gcil.org.uk/glasgowdisabledhousing.html
Ms L's story
Ms L contacted Ownership Options in July 2005 as her current housing situation was no longer suitable for her long term health needs. Ms L has Multiple Sclerosis and uses a wheelchair most of the time due to limited mobility. Her current home was unsuitable as she lived in a 1 bedroom flat on the first floor and was struggling with the stairs. She also had very limited storage area for her wheelchair and equipment in her current property.
Ms L was assessed by an Occupational Therapist as needing a 2 bedroom, level access property. The extra bedroom would be for storage and for a possible carer in the future should Ms L require this.
Unfortunately properties of this description in the local area were much more than Ms L could afford. She needed to remain in the area as she had a good network of friends who gave her support on a daily basis.
Ownership Options advised Ms L on her possible housing options at that stage. Ms L’s name had already been on the list for a property with her local authority and had applied to various Housing Associations in her area. There were no current Homestake developments being built in her local area.
Ms L owned her flat outright and it had been valued at £70,000. Ms L also had £3,000 of savings to pay for legal fees, removal costs and surveys etc.
Since Ms L was in receipt of Income Support she was able to apply for Income Support Mortgage Interest (ISMI) to pay the interest on her mortgage. (For more information see the article in the February 2007 issue of Optional Extra.)
As is common, it proved extremely difficult to find a lender who accepted Income Support Mortgage Interest, and the problem was not helped by the length of time it took for the DWP to issue the correct DLIS170 letter confirming that, on the information they had received, Ms L would be eligible for ISMI to pay the interest on a loan. After considerable negotiation (involving at one stage her local MSP) she was able to secure a mortgage of £35,000 on an interest only basis with her current lender. This gave Ms L a total of £105,000 to invest in a more suitable property.
Ms L identified a suitable property in the local area which was being advertised at offers over £85,000 and once it had been surveyed put an offer in on it for £103,000. Her offer was successful and she moved in shortly after.
Housing and the Disability Discrimination Act seminarsThe Disability Discrimination Act 1995, as amended, outlawed discrimination against disabled people in the areas of employment, education and the provision of goods, facilities and services. This included discrimination in connection with housing.
In April 2005 a new Disability Discrimination Act was passed by Parliament, which amends and extends the 1995 Act by including specific provisions about discrimination in relation to the letting of premises. The new Act also extends the definition of disability and in particular mental impairment.
The Legal Services Agency seminars will discuss the amendments to the definition of disability, provide an overview of the changes brought about by the new Act in relation to housing, discuss the responsibilities of landlords in this area and the application of disability discrimination in defended evictions. They’ll be held on:
Glasgow - Thursday 24th May 2007
Edinburgh - Thursday 14th June 2007
Greenock - Friday 29th June 2007
For more information, see http://www.lsa.org.uk/disabilitydiscriminationhousingroadshow_1.aspx
For those of you who don’t know them, the Legal Services Agency is a charity that aims to tackle the unmet legal needs of those in any form of disadvantage throughout Scotland so that everyone may enjoy full citizenship. It does so through advice, representation in courts and tribunals, research, publishing, seminars and education.
They run an excellent selection of courses on a variety of subjects in the fields of preventing homelessness, housing law, criminal injuries compensation, mental health, dementia, community care, asylum/human rights and, generally, social welfare law. See http:www.lsa.org.uk.
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