November 2017
1.1 An Exceptional Hardship Fund (EHF) has been set up by the Council to assist applicants for Council Tax Support who are facing ‘exceptional hardship’. The fund has been created to provide further assistance where an applicant is in receipt of Council Tax Support but the level of support being paid by the Council does not meet their full Council Tax liability for their current residence.
1.2 The EHF will be available to any applicant (whether pension or working age) where their daily award of Council Tax Support does not meet 100% of their Council Tax liability (less any appropriate discounts and non-dependant deductions).
1.3 The main features of the fund are:
2.1 The creation of an Exceptional Hardship Fund facility meets the Council’s obligations under the Equality Act 2010.
2.2 The Council recognises the importance of protecting our most vulnerable customers with regard to the effects of the changes to Council Tax Support. This policy has been created to ensure that a level of protection and support is available to those applicants most in need. Whilst the definition ‘Exception Hardship’ is not exactly defined by this policy, it is accepted that changes to the level of support generally will cause financial hardship and any payment made will be at the total discretion of the Council. Exceptional Hardship should be considered as ‘hardship beyond that which would normally be suffered’ .
3.1 The purpose of this policy is to specify how the Council will operate the scheme, to detail the application process and indicate a number of factors, which will be considered when deciding if an Exceptional Hardship Fund payment can be made.
3.2 Each case will be treated on its own merits and all applicants will be treated fairly and equally in the accessibility to the Fund and also the decisions made with applications.
4.1 As part of the process of applying for additional support from the Exceptional Hardship Fund, all applicants must be willing to undertake all of the following:
a. Make a separate application for assistance;
b. Provide full details of their income and expenditure;
c. Accept assistance from either the Council or third parties such as debt advice agencies to enable them to manage their finances more effectively including the termination of non-essential expenditure;
d. Identify potential changes in payment methods and arrangements to assist the applicant;
e. Assist the Council to minimise liability by ensuring that all discounts, exemptions and reductions are properly granted; and
f. Maximise their income through the application for other welfare benefits, cancellation of non-essential contracts and outgoings and identifying the most economical tariffs for the supply of utilities and services generally.
4.2 Through the operation of this policy the Council will look to:
4.3 It cannot be awarded for the following circumstances:
5.1 The Council will decide whether or not to make an Exceptional Hardship Fund award, and how much any award might be.
5.2 When making this decision the Council will consider:
5.3 The above list is not exhaustive and other relevant factors and special circumstances will be considered.
5.4 An award from the Exceptional Hardship Fund does not guarantee that a further award will be made at a later date, even if the applicant’s circumstances have not changed.
5.5 An Exceptional Hardship Fund payment may be less than the difference between the Council Tax liability and the amount of Council Tax Support paid. The level of payment may be nil if the authority feels that, in its opinion, the applicant is not suffering ‘exceptional hardship’ or where the applicant has failed to comply with the Exceptional Hardship process.
6.1 The Council will make a copy of this policy available for inspection and will be published on the Council’s website.
7.1 An applicant must make a claim for an Exceptional Hardship Fund award by submitting an application to the Council. The application form can be obtained via the telephone, in person at one of the Council offices and/or via the Council’s website.
7.2 Applicants can get assistance with the completion of the form from the Revenues and Benefits Service or Customer Services at the Council.
7.3 The application form must be fully completed and supporting information or evidence provided, as reasonably requested by the Council.
7.4 In most cases the person who claims the Exceptional Hardship Fund award will be the person entitled to Council Tax Support. However, a claim can be accepted from someone acting on another’s behalf, such as an appointee, if it is considered reasonable.
8.1 The Council may revise an award from the Exceptional Hardship Fund where the applicant’s circumstances have changed which either increases or reduces their Council Tax support entitlement.
9.1 A person claiming an Exceptional Hardship Fund payment is required to:
10.1 Both the amount and the duration of the award are determined at the discretion of the Council, and will be done so on the basis of the evidence supplied and the circumstances of the claim.
10.2 The start date of such a payment and the duration of any payment will be determined by the Council. In any event, the maximum length of the award will not exceed the end of the financial year in which the award is given.
11.0 Any Exceptional Hardship Fund payment will be made direct onto the customer’s Council Tax account, thereby reducing the amount of Council Tax payable.
12.1 Overpaid Exceptional Hardship Fund payments will generally be recovered directly from the applicant’s council tax account, thus increasing the amount of council tax due and payable.
13.1 The Council will notify the outcome of each application for Exceptional Hardship Fund payments in writing. The notification will include the reason for the decision and advise the applicant of their appeal rights.
14.1 Exceptional Hardship Fund payments are not part of Council Tax Support, and are therefore not subject to the statutory appeal process.
14.2 If the applicant is not satisfied with the decision in respect of an application for an Exceptional Hardship Fund payment, a decision to reduced amount of Exceptional Hardship Fund payment, a decision not to backdate an Exceptional Hardship Fund payment or a decision that there has been an overpayment of an Exceptional Hardship Fund payment, the Council will look at the decision again.
14.3 An officer, other than the original decision maker, will consider the appeal by reviewing the original application and any other additional information and/or representation made, and will make a decision within 14 days of referral or as soon as practicable. This decision will be final.
14.4 Any request for an appeal must be made within one month of the date of the notification letter confirming the original decision.
14.5 The outcome of the appeal will be set out in writing, detailing the reasons or the decision or upholding the original decision.
15.1 The Council is committed to protect public funds and ensure funds are awarded to the people who are rightfully eligible to them.
15.2 An applicant who tries to fraudulently claim an Exceptional Hardship Fund payment by falsely declaring their circumstances, providing a false statement or evidence in support of their application, may have committed an offence under The Fraud Act 2006.
15.3 Where the Council suspects that such a fraud may have been committed, this matter will be investigated as appropriate and may lead to criminal proceedings being instigated.
16.1 The Council’s ‘Compliments and Complaints Procedure’ (available on the Councils website) will be applied in the event of any complaint received about this policy.
17.1 This policy will be reviewed at least every year and updated as appropriate to ensure it remains fit for purpose. However, the review may take place sooner should there be any significant changes in legislation.
