Optional Extra - October 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.
Firm Foundations?Whilst the consultation on the new adaptation grants scheme has once again been delayed, the Government has pushed ahead with its ‘Firm Foundations’ housing consultation. But what do the Government’s housing plans mean for disabled people?
The Cabinet Secretary for Health and Wellbeing explained, in her statement relating to the new consultation paper, that
‘The supply of houses to buy is failing to match demand, pricing first time buyers out of the market and in turn adding to the pressures on an already stretched social rented sector. This frustrates the hopes and ambitions of individuals and families across the country. It leaves many in unsatisfactory accommodation, or unable to live near their work…and some without settled accommodation at all.’
We reported last month on the Disability Rights Commission’s research into the last administration’s housing policy. It found that their policy statement said little about the needs of disabled people. Those looking for a stronger statement of support for disabled people in the consultation paper will, however, be disappointed.
Little mention is made of disabled people in the consultation. Whilst the promise to improve the housing supply could significantly improve disabled people’s lives if more of it were built to a higher accessibility standard, this is not mentioned. Similarly, the continued support for those priced out of homeownership could help disabled people, who continue to be half as likely to be buying a house with a mortgage but there is no direct mention of this.
Firm Foundations does, however, contain one significant promise. It states that the Government will:
‘take forward…reforms, particularly in relation to…the need for disability adaptations to enable people to live independently in their own homes.’
This brings us back to the housing adaptation grants consultation, since this is where the plans will be announced. Look out for more information in next month’s Optional Extra.
In the meantime, let the Government know your views on their housing plans. You can download the Firm Foundations consultation document, and you reply online at the Scottish Government website.
With the number of disabled people rapidly increasing as the population ages, and a shortage of around 30,000 houses suitable for wheelchair users, Question 1 is most suited to viewpoints on the need for housing for disabled people. It asks:
'Do you agree that aiming to increase the rate of new housing supply in Scotland to at least 35,000 a year by the middle of the next decade is a sensible and realistic ambition, and that this will help set a necessary political context for acceleration in housing supply?‘
Cutting Council TaxCouncil Tax is charged by local authorities to households to help pay for the services they provide. Whilst anyone on a low income can apply for Council Tax Benefit to assist them with their bill, specific discounts and exemptions are also available to disabled people and carers.
There are three routes to such reductions:
1. Live in a suitable house
It is ironic that disabled people living in houses that suit them receive a Council Tax discount, whilst unsuitably housed disabled people do not. To be eligible for The Disability Reduction Scheme, households must include someone who is ‘substantially and permanently disabled’ and show that their home has one of the following features:
• an additional bathroom or kitchen needed by the disabled person
• an additional room specifically needed for the disabled person
• enough space to use a wheelchair
Note that the property does not have to have been specifically designed or adapted to provide the above; it is sufficient for the feature to be available.
If a household qualifies, its Council Tax bill is reduced to the amount payable for a property in the valuation band below the household’s property. If it is already in Band A (the lowest) a reduction of one-sixth of the Council Tax bill is given. In Scotland, the Council Water Charge is also reduced under this scheme.
Example: John’s bathroom
John uses a wheelchair and requires assistance and specialist equipment to wash. His parents buy a house which has a bedroom with the en-suite necessary to meet John’s needs. The Council Tax charged for this property is likely to be reduced because John is ‘substantially and permanently disabled’ and the house has an additional bathroom which is required as a result of his impairment.
2. Become invisible
Most people are aware that, if only one person lives in a property, or no-one does, a Council Tax bill can be discounted. A single occupant receives a 25% discount, whilst an empty home attracts a 50% discount. These discounts are available through the Council Tax Discount Scheme.
This scheme also provides for some residents of a property to be disregarded, and therefore become ‘invisible’, for Council Tax purposes. The result can be that a household with more than one member can still attract a discount. This applies in relation to disabled people when someone in the household is:
• ‘severely mentally impaired’, have proof of this and receive a relevant state benefit
• caring for someone, professionally or voluntarily, on a regular and significant basis (although restrictions apply as to the relation to the disabled person)
• resident in hospital or receiving care in a care home
Example: Peter cares for his mother
Peter lives with, and cares for, his disabled mother for more than 35 hours a week. His mother receives the higher rate of Attendance Allowance as she has been diagnosed by a doctor as being severely affected by dementia.
Normally, with there being two people in the household, Peter and his mother would have to pay full Council Tax. However, because Peter is a carer, and his mother is counted as being ‘severely mentally impaired’, they are both disregarded for Council Tax purposes and receive a 50% discount.
Unusually, a 100% discount is available if the property is entirely occupied by people who are classed as ‘severely mentally impaired’
3. Claim a rebate for those not earning
The only option for a household including a disabled person who is not ‘severely or mentally impaired’, and whose house is unsuitable for them, comes in the form of the Second Adult Rebate. Whilst available to all Council Tax payers, this benefit is of particular use to households including a disabled person who is not earning or earning little.
Second Adult Rebate can be claimed regardless of earnings and savings by someone responsible for Council Tax who lives with one or more other people who are not their partner or dependant. The other person(s) must be 18 or over, not be paying rent and have an income below a set level. The Rebate is based on the income of these people, and not the income of the person paying the Council Tax and applying for the Rebate.
Example: Scott lives with his sister
Scott lives with his sister, Mary, who has a learning difficulty. Mary earns a small wage from work in a local office. Scott has well paid job and therefore doesn’t charge Mary rent. Scott can apply for Second Adult Rebate in relation to Mary because she is over 18, pays no rent and is on a low income.
Deal or No Deal?Who gets the best deal: disabled people who live in the private sector or the social rented sector? This was the question we were called on to debate with Habinteg Housing Association at the College of Occupational Therapist’s annual housing conference in Brighton. Held over 2 days in early November, the conference is an opportunity for OTs from across the UK to learn and share information in relation to housing.
The debate focused on the choice, flexibility and wealth creation possible in the private sector, versus the security, affordability and good design available in the social rented sector. It concluded, however, that few disabled people in any tenure can expect to get a good deal.
It was, however, the differences in legislation and policy between Scotland and England that raised most interest. Scotland is pulling ahead with its support for disabled homebuyers through Homestake, its plans for a radically improved adaptation grant scheme for the private sector, and the inclusion of an access audit in the Single Survey.
England, however, is far in advance of Scotland in relation to building accessible homes. Lifetime Homes is increasingly being adopted across developments, with the Greater London Authority requiring it for all new private and social housing, as well as requiring 10% to be built to a fully wheelchair accessible standard.
Look out for next year’s conference in Aberdeen in early November 2008.
Surely disabled people are best served by social housing?Those not exposed to the arguments for and against social housing made at the OT’s conference (above) can draw their own opinions from a recent Newsnight Scotland item. If you can’t access the video clip of the story, you can read the case study below.
Latitia lives with her parents and sister in Glasgow. Her father and sister are also disabled. Latitia is a wheelchair user and every night for nearly 10 years Latitia has had to be carried up the stairs to bed – the house is unsuitable for adapting by means of installing a lift. This has had an effect on her father’s health and after a spell in hospital he is no longer able to assist. Latitia feels strongly that at her age she should not have to be carried upstairs, and washed by her mother as she cannot get into the bathroom.
Over a year ago Glasgow Housing Association promised the family a move to a more suitable property, but fourteen months on no progress has been made. Glasgow Housing Association is building 3,000 new houses, but not one of them will be suitable for a wheelchair user like Latitia.
Managing queues It’s a common situation; a disabled person looks likely to require a community care service (an adaptation, homecare, etc) but there are temporarily insufficient funds to provide it. So what should a local authority do to meet its legal responsibilities under community care law?
Firstly, doing nothing is not an option. Case law suggests that a local authority cannot unreasonably delay or refuse to perform an assessment under S12A of the Social Work (Scotland) Act, or allow it to be dominated by the availability of resources. This is true even if the local authority knows it may not have the finances available to provide the services required.
In deciding how to meet the assessed need, recognition can be taken of the resources available to the local authority. The need must, however, be met in reasonable time which brings us to the question of queuing.
Fortunately, the Scottish Executive has produced guidance on this matter following the case of MacGregor versus North Lanarkshire Council. Its main thrust is that those who have been assessed cannot simply be placed in a date order queue for services.
You can download a copy of the guidance from our website.
We’ll be returning to the issue of assessing need, specifically for adaptations and equipment, in the future. With the consultation on adaptation grant due shortly, and the news that guidance is being prepared by the Scottish Government on equipment and adaptations, this looks to be a hot topic for a while to come.
Tendering our futureOwnership Options is rapidly approaching its 10th birthday and, as at any major birthday, it’s time to pause and consider our past and the future. We’ve been successful at, and developed on from, our original aim of simply promoting ownership as an option for disabled people. More and more we find ourselves addressing the housing problems faced by disabled people, albeit with a strong emphasis on the private sector.
We’re therefore looking for a dynamic consultant or consultants to help us map out what our future form and function should be. We’re expecting the work to include mapping the housing and disability sectors and the overlaps, identifying the need and opportunities for a wider remit for our work, and listening to the opinion of those involved in, and affected by, our work.
If you, or someone you know, are interested, you can download our tender specification here.
If you would like further information please contact Richard Hamer at Ownership Options.
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