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12 December 2007: Trustees MeetingMinutes of the meeting of the Trustees of the Independent Living Fund (2006) held on Wednesday, 12 December 2007. The meeting commenced at 10.30 am
Present: Stephen Jack (Chairman)
In attendance: Gary Stephenson (Finance and Corporate Services Director) The Chairman welcomed everyone to the meeting. 1 Apologies Apologies were received from Sally Sparrow, Marie Martin and Peter Cooke who were unable to attend. 2 Chairman’s Issues The Chairman said that the minutes from the November meeting would be presented at the next meeting. DWP commented that there was no further information on the issues of Trustees’ remuneration and indemnity as DWP solicitors are currently engaged with other priority issues. DWP reported that there was no firm offer of funding from Treasury as the matter was still with the Chief Secretary. Outcome: Information 3 Grant in Aid and Benefit Forecast December 07 The Finance and Corporate Services Director presented the report to Trustees. He confirmed that expenditure was expected to remain within budget for 2007-08 with a margin to cope with any increase in trends later in the year. He explained that there was expected to be a cash flow balance of approx £2.4 m at the end of year, however this could not be added to 08/09 funding due to the switch to DEL. He said that planning needed to assume that the ILF can only spend up to the level of funding advised and that any cash balance at 31 March 2008 would reduce the amount that could be drawn during 2008-09. He commented that the Department for Social Development funding for Northern Ireland (NI) had not changed and that estimated expenditure remained within budget. He said that work was ongoing with DWP on the ending of the Specified period of the 93 and Extension Funds for 31 December 2007 so that cash balances can be transferred to the 2006 Fund. Outcome: Information 4 Financial Management Planning 2008/11 The Chief Executive presented the paper to Trustees. The proposals were considered as follows; Threshold Sum The Chief Executive said that it was proposed to increase the Threshold sum to £16,640 per annum (£320 per week) from 1 April 2008. The new figure would be applied to new applications and for current users when requests for increases based on increased need are received on or after 1 April 2008.
All requests for increases and new applications received before this date would be treated under the old rules. In answer to a question the Chief Executive confirmed that this change would only apply to Group 2 Candidates as Group 1 Candidates were the old Extension Fund users who do not have a mandatory LA contribution. It was confirmed that if there was a request for increased need and the LA input was below £320 and the new need is less than the shortfall, the ILF would explain to the user that they would need to go to the LA and advise the LA we have taken this action. The ILF will not reduce the payment for this reason but the user would not receive an increase. DWP confirmed that discussions would be held with NI colleagues on the application of the changes to NI. Outcome: Decision - It was agreed that decisions made today would apply to GB only Outcome: Decision - Trustees agreed the proposals for the changes to the Threshold Sum from 1 April 2008. The Chief Executive also explained that the definition of a valid application was to be changed so that a fully completed application would mean an application form, the LA planned input and Financial Information Form being fully completed before the application would go ahead. £ for £ The Chief Executive said that this policy was introduced from the recommendation made in the Quinquennial Review 2001. She explained that this was a burden administratively and would like to seek agreement to end this policy. The Chief Executive gave an overview of how the £ for £ policy currently worked. It was agreed that the rule would be removed for new applicants or current users requesting increased need from 1 April 2008 onwards. The old rules would still apply to applications or requests for increases received before this date. It was agreed to operate with £320 pw minimum up to the ILF contributing £ 455 but a LA would need to contribute up to a further £10 if they wished to meet the £ 785 Overall limit for new applications. Outcome: Decision - Trustees agreed the proposals for the changes to the £ for £ policy from 1 April 2008 Prioritisation of Applicants The Chief Executive said that it was expected that current priority groups would be changed in Schedule III of the Trust Deed. First priority would be given to current users under Groups 1 and 2: priority would then be given to applicants who are ‘working’ this means paid work and self employed, working at least 16 hours per week: after that it was proposed to give priority to applicants receiving Income Support (IS), Income Based Job Seekers Allowance (IBJA) and Pension Guarantee Credit (PGC). Explicit priority would not be given to Groups 3, 4 and 5 and they are not included in the Schedule. Impacts were explained if users move from Groups 1 and 2 into the remaining three groups and Trustees were made aware of the issues they may face when considering suspension cases. Margaret McGlade commented on priority to applicants receiving IS, IBJA and PGC and asked about people not on benefits but who were also on low incomes and suggested a means test is carried out for those on the same level of income. Norman Cockett (DWP) commented that it had been intended that this priority group should include the issue of income equivalent. Outcome: Decision - Trustees agreed that the priority group should be income equivalent not just actual receipt of the income based benefits IS, IBJSA and PGC. The Chief Executive commented on people whose income was slightly above this level. Although this would effectively continue to address the poverty issue, analysis between Apr – Sept 07 shows that 80% of applications received were from people on IS + 10%. Trustees had to decide whether this group was a clear priority or that relative poverty would be a factor for Trustees’ discretion. Norman Cockett (DWP) suggested this group should be written into Schedule III of the Deed. He also suggested that Trustees should consider the level of funding required in addition to the level of income. Margaret McGlade suggested that the size of a package could be a better way of making a decision and this would be an alternative approach to looking at the level of income. Trustees discussed this issue: the Chairman said that they could not possibly explore the whole of this issue now and it was not possible to meet the approach of balancing income and need in the way envisaged: it was agreed to present today’s decisions as immediate measures and recognise that these were some unavoidable measures to be taken next year. However Trustees could revisit this discussion next year. Outcome: Decision - Trustees agreed that IS+ 10% should be included in the list of factors rather than a specific priority group. The Chief Executive said that she had listed additional factors for Trustees consideration to consider when there were too many applications and to expand into if there was not enough. Mike Boyall commented that the more factors they had the better, however the Chief Executive outlined the risk of introducing a scoring mechanism. Yogi Amin commented on alternatives of ranking and combining. Nick Danagher asked if a risk matrix could be used based on circumstances e.g. what might be the end result if no ILF award. The Chief Executive said that this had been looked into and that if there were lots of people at the same level, legal advice was to not use a subjective factor as an initial differentiator. The Chief Executive suggested a way forward was to agree policies to give more weight to certain factors. Sue Winterburn asked if professional advice on the risk was sought i.e. from the ILFA then this could override the legal advice. The Chief Executive said that it was still the Trustees’ discretion which was being exercised in the decision being made and not the ILFAs. Yogi Amin raised a question on using transition to adult services as a factor. Nick Danagher commented that it could be positioned in line with Government aims and he explained that there was a gap from Children’s to Adult Services which the ILF could fill. Trustees agreed that the transitions issue was a desirable factor however they would prefer to have this in Schedule III to support a specific preference but agreed that there was not time to consider this fully at the present time.
Outcome: DWP said that they would discuss this issue of transition to Adult Services further with the Minister. Outcome: Decision - Trustees agreed to request inclusion of two factors for Trustees’ discretion – Those with income at the level of IS+10% and the size of the overall care package. Outcome: Decision- It was also agreed that prioritisation would not apply to NI for the present time. Outcome: Decision - There was general agreement that “aspiration to work” ideas would be difficult to deal with and Trustees did not want to include these in the list of factors to consider Delegated authority Trustees agreed that discretion should be delegated to ILF staff in principle and this would be incorporated into the Scheme of Delegated Authority.
It was noted that rejected applicants may appeal against the process and that the appeal process would start within the ILF to begin with ending with the UPCC. Outcome: Chief Executive to present outline of operation of prioritisation processes for January 2008 meeting. Other Policy Changes The Chief Executive said that some other policies have been/are being reviewed to run parallel with the change in the Threshold Sum. Trustees have already accepted the policy relating to independent living and further work is ongoing to look at certain shared care situations in relation to the policy. The policy relating to treatment of capital assets would also need reviewing in particular Trust Fund applications. DWP confirmed that they would support the change to the Trust Funds Policy. Outcome: Decision – Trustees agreed to consider a revision to the Trust Fund policy at the January meeting Trustees discussed the change to the approach to backdating of awards which would mean that awards based on new applications or requests for increases received from 1 April 2008 would usually only be paid from the date the ILF receives the acceptance of the offer from the user. Payment from an earlier date would only be considered if there was evidence of an incurred liability. Outcome: Decision - Trustees agreed proposals on the backdating process. Other Contingencies The Chief Executive said that further contingency measures would need to be considered and presented at the January 08 meeting. Notification to LAs, ILF Staff and Users
The Chief Executive presented the draft letter which would be sent to LAs to inform them of the changes. Trustees agreed the letter in principle and agreed to forward the Chief Executive any further comments by e-mail. Yogi Amin commented that there was no mention of consultation with LAs in the letter. DWP commented said that this was potentially problematic as a commitment would be made but Yogi Amin said that it would be preferable to tell LAs and honour the commitment. It was proposed to use the words ‘propose to consult’ rather than ‘we will consult’. Outcome: Decision - Trustees agreed to include proposal to consult with LAs in the letter The Chief Executive said that it was proposed to talk to PCS first on Thursday morning and then all staff in the afternoon. The Chairman said that on behalf of the Trustees they would like to thank the Chief Executive and her team for the information provided for the meeting. On the issue of Deed changes Norman Cockett says he would report to the Minister and changes needed would be in place for April 2008.
5 Developing a revised Public Communications and Media The Chief Executive presented the paper to Trustees. She said that a more proactive approach was planned. She explained that the Engage group had been given the opportunity to re-brand the ILF and would like to interview two Trustees on their perspective of the organisation. Nick Danagher and Mike Boyall agreed to be available. In answer to a question the Chief Executive confirmed that a budget was already provided for this work and it would be sufficient. Trustees discussed the proposed policy and made some comments
Amendments were agreed to be incorporated and the policy would be presented for the Chairman’s signature at the January 08 meeting. 6 AOB 6.2 Date of Next Meeting Date of next meeting will be Wednesday 9 January 2008. There being no further business the meeting closed at 13:40 hrs. |
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