Colleagues in hostel tell me they have had applications for CL turned down. They often help clients to apply where there is not entitlement to a CCG (i.e. no qualifying benefit)for furnitiure, household goods etc prior to moving into accommodation. SF are saying that before the move there is no crisis. The crisis only happend once the person is the tenant of an unequiped flat.
Any thoughts?

I think you will find that most SF sections would have reached the same decision about there not being a crisis until the client has moved.Even then they are likely to award payment only for the most important things like bed, bedding,cooker,one setting of cockery,one pan etc.They may allow curtains for the bedroom but this would depend on whether the flat was at the top of a tower block or on the ground floor.Unfortunately, this leaves your clients with the uncertainty of not having anything at all when they move in and then having to wait while the crisis loan is sorted.I can't think of a way around it unless your client has a health problem that could be highlighted to get him/her the loan in advance.

Sorry Judith, but it isn't as clear cut as you say.

There is an exception to the rule about being in receipt of IS/JSA(IB)/PC when an application for a CCG is made. This is when a client is leaving institutional or residential care within 6 weeks of the CCG application being made, and that client is likely to receive IS/JSA(IB)/PCA when they leave (SF Dir 25(2)(b)).

This approach certainly worked for a welfare rights unit i worked in that was attached to a psychiatric hospital, both for in-patients but also for patients moving from supported lodgings, hostels, etc. We usually obtained a doctor's or other support workers letter confirming likely date of discharge to support the application.

On the subject of what counts as institutional/residential care, CPAG's WBH (p.524 2005/2006)states that:

Interpretation

None of the above terms is defined in the SF directions. They are, therefore, open to interpretation according to your circumstances.

• The Social Fund Guide says institutional or residential accommodation means accommodation where residents receive a significant and substantial amount of care, supervision or protection because they are unable to live independently in the community or might be a danger to others in the community. (para 2401 SFG)
  

• Examples of accommodation given are hospitals, care homes, foster care , group homes, supported lodgings, sheltered housing, hostels, prisons and youth centres. (paras 2408, 2460 and 2480 SFG)
  

• Decision makers are told to treat applications from discharged prisoners with particular urgency and sensitivity, bearing in mind the pressures they face and the risk of re-offending.( para 2481 SFG)
  

• If you cannot establish that you lived in institutional or residential accommodation, you may still be eligible for a CCG to help you remain in the community, or for planned resettlement.
  

• You should be eligible if you are establishing yourself in the community for the first time because, for example, you have always lived in care, or you have recently arrived in the UK and have been in a refugee camp overseas or a refugee hostel in the UK (the High Court has ruled that 'the community' is restricted to the UK). (R v SFI ex parte Mohammed <1993> COD 263 (HC)) The High Court has said that you must be actually or imminently in the community to qualify. (R v Secretary of State for Social Security ex parte Healey <1991> COD 68 (HC))
  

• The Social Fund Guide suggests that a 'stay in' institutional or residential accommodation normally means at least three months, or a pattern of frequent or regular admission.( para 2403 SFG) The High Court has ruled, however, that undue importance should not be attached to the reference to three months (R v SFI ex parte Sherwin <1991> COD 68 (HC)) and the SF Commissioner advises that a stay of less than three months can satisfy the direction (SF Commissioner's Advice on 'Direction 4(a)(i)' 1/5/01).
  

Thanks both.
The problem arises where the client has not entitlement to IS/JSA(IB) - mostly where they are getting incapacity Benefit only. Their only option is for CL and hence the problem defining when does the crisis start!

It may be worth trying the CCG route as well as the CL one if your client is likely to be entitled to the SDP when he/she moves in to their own place,(obviously DLA has to be in payment)but otherwise my previous posting still holds good.