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Meeting of the Community Overview and Scrutiny Committee held on 21/01/2002
Concessionary Television Licences at Sheltered Housing Schemes and Certain Community Warden Schemes


This report recommends that the Council should resolve to discontinue the practice of seeking concessionary Television Licences for sheltered housing and certain Community Warden schemes over time.

It is proposed that:-

1. new tenants of sheltered housing and Community Warden schemes under the age of 75 will have to pay for their Television Licence in the future;

2. during 2002/03, each scheme should be reviewed on a regular basis and a decision made to discontinue concessionary TV Licences at such time that will disadvantage as few current residents as possible;

3. as from April 2003, the Council adopt a policy of not having Concessionary TV Licences and residents be given notice of this intention.

The prime motivating factor behind this proposal is that the Council cannot let properties in sheltered housing and some Community Warden schemes to anyone under retirement age (unless they have a disability) and there are a number of units in these housing schemes which the Council is unable to relet. At the same time, there are people in housing need below retirement age who could benefit from the accommodation which stands empty.


In addition, it is noted that the new Supporting People regime, which comes into effect in April 2003, will require separate accounting and charging arrangements for services charges in establishments that provide support services.

The financial implications are that the Council would be able to generate additional rent income by being able to let properties which are currently difficult to let because of the restrictions placed on schemes owing to the Concessionary TV Licence rules.

There are no Crime and Disorder, Environmental, "Opportunities for All", Human Rights or Asset Management implications.
APPENDIX G

WAVERLEY BOROUGH COUNCIL

COMMUNITY OVERVIEW AND SCRUTINY COMMITTEE
21ST JANUARY 2002



Title:
CONCESSIONARY TELEVISION LICENCES AT SHELTERED HOUSING
SCHEMES AND CERTAIN COMMUNITY WARDEN SCHEMES
[Wards Affected: N/A]


Note pursuant to Section 100B(5) of the Local Government Act 1972

The Annexe to this report contains exempt information by virtue of which the public is likely to be excluded during the item to which the report relates, as specified in Paragraph 3 of Part I of Schedule 12A to the Local Government Act 1972, viz:-

Information relating to any particular occupier or former occupier of, or applicant for, accommodation provided by or at the expense of the authority.



Summary and Purpose

This report recommends that the Council should resolve to discontinue the practice of seeking concessionary Television Licences for sheltered housing and certain Community Warden schemes over time.

It is proposed that:-

1. new tenants of sheltered housing and Community Warden schemes under the age of 75 will have to pay for their Television Licence in the future;

2. during 2002/03, each scheme should be reviewed on a regular basis and a decision made to discontinue concessionary TV Licences at such time that will disadvantage as few current residents as possible;

3. as from April 2003, the Council adopt a policy of not having Concessionary TV Licences and residents be given notice of this intention.

The prime motivating factor behind this proposal is that the Council cannot let properties in sheltered housing and some Community Warden schemes to anyone under retirement age (unless they have a disability) and there are a number of units in these housing schemes which the Council is unable to relet. At the same time, there are people in housing need below retirement age who could benefit from the accommodation which stands empty.


In addition, it is noted that the new Supporting People regime, which comes into effect in April 2003, will require separate accounting and charging arrangements for services charges in establishments that provide support services.

The financial implications are that the Council would be able to generate additional rent income by being able to let properties which are currently difficult to let because of the restrictions placed on schemes owing to the Concessionary TV Licence rules.

There are no Crime and Disorder, Environmental, "Opportunities for All", Human Rights or Asset Management implications.



Introduction and Background

1. The Television Licensing authority provides a concession to sheltered housing and certain Community Warden schemes thereby enabling residents to receive Television Licences for a small fee of £5 each. However, in order to be eligible for this concession, it is a requirement of the Television Licensing authority that eligible housing schemes should only house people of retirement age (who are not working) or people who are disabled or have learning difficulties.

2. At present, all of Waverley’s eleven sheltered housing schemes are in receipt of concessionary TV Licences for their tenants and some of the Community Warden schemes are in receipt of concessionary TV Licences (detailed in (Exempt) Annexe 1). The Council itself pays the £5 per head for the Concessionary Licences – so tenants living in schemes, which are eligible for the concession, pay nothing for their TV Licences.

3. In the past, Community Warden schemes were also eligible for the Concessionary TV Licences. However, in 1988, there was a change to the rules. From that year, new tenants of Community Warden schemes were no longer eligible to receive a Concessionary TV Licence and had to pay the full Licence Fee, but existing tenants have preserved rights and continue to receive the concession. However, there were a number of Community Warden schemes that retained the concession. These were where a scheme of four dwellings had a “common boundary”.

4. There are, therefore, some Community Warden schemes where some or all of the residents pay for their TV Licence and others (detailed in the Exempt Annexe), where they enjoy free TV Licences because they are still eligible for the concession.

5. Under the TV Licence rules, should the Council let a unit of accommodation in a sheltered housing scheme, or certain Community Warden schemes, to a person below retirement age or who was not disabled, such a move could result in the whole scheme losing its right to Concessionary TV Licences for the residents. It has been the Council’s practice, therefore, only to let sheltered housing units and units of accommodation in certain Community Warden schemes to people over retirement age or who have a disability.

6. However, at present, there are units of accommodation in sheltered housing schemes vacant because there are no applicants of retirement age on the waiting list for some of the Council’s sheltered housing. Similarly, some of the Community

Warden schemes are also proving difficult to let because there are no people of retirement age wanting that accommodation. At the same time, there are people of mature years but below retirement age who need accommodation but who the Council is not able to assist with housing.

7. Last year, the Government introduced free television licences for people aged 75 years and over.

8. It is worth noting that Council tenants and others over retirement age but under the age of 75 years, and who do not live in sheltered housing or certain Community Warden schemes have to pay the full fee for a Television Licence. The Status Survey of Council tenants conducted earlier this year revealed that some 54% of Council tenants were of retirement age.

Sheltered Housing Schemes

9. Many of the residents of sheltered housing schemes are aged over 75 years – see (Exempt) Annexe 1. The table below illustrates the point:-

As at November 2001:-
10. It can be seen from the above that there are relatively few residents under the age of 75 years, by comparison with the total number of occupants in sheltered housing schemes.

11. On 28th November last, there was a total of 28 vacancies at these schemes for which there was little or no demand because of the age restriction, resulting from the Concessionary TV Licence. Were it possible to let these 28 properties, the Council would generate an annual income of £89,600.

Community Warden Schemes

12. The following Community Warden Schemes are still eligible for the Concessionary TV Licence. Again, many of the residents of Community Warden schemes are aged over 75 years – see (Exempt) Annexe 1. The table below illustrates the point:-

As at November 2001:-

13. On 28th November, there was a total of 7 vacancies at these schemes. Some of these schemes are low-demand and were the age restriction, resulting from the Concessionary TV Licence, lifted it would be much easier to relet these properties. Were it possible to let these 7 properties, the Council would generate an annual income of £22,400.

Legal Implications

14. The motivating factor for proposing that the Concessionary TV Licences be relinquished, is in order that your officers can have more flexibility when it comes to letting vacant properties to people in housing need i.e. letting to people below retirement age. It should be stressed that, although officers would like greater flexibility in letting vacant units in sheltered housing and Community Warden schemes, it is not intended to let to people whose life styles would be incompatible with the ethos of those schemes.

15. There are potential legal implications in respect of the Right-to-Buy as a consequence of letting people under retirement age occupy sheltered housing or Community Warden schemes.

16. In respect of sheltered housing, there is not an issue as there is an exemption from the Right-to-Buy, provided that the Council can demonstrate that its usual practice is to let the accommodation to the elderly. If the accommodation were let to homeless people, a secure tenancy does not arise unless the Council informs the tenant that a secure tenancy has been offered.

17. The situation is less clear with regard to Community Warden schemes. Where a scheme is part of a group, has a “warden” (in Waverley’s case, all the Community Warden schemes have a peripatetic warden), is linked to a careline service and has use of a common room in close proximity, these properties are exempt from the Right-to-Buy.

18. However, not all of Waverley’s Community Warden schemes have the benefit of a common room in close proximity and are, in any event, eligible under the Right-to-Buy provisions. There has been a very small number of sales of properties under the Right-to-Buy in Community Warden schemes over the years.


19. The reason why the Council is not more flexible in relation to letting sheltered housing and Community Warden schemes to people under retirement age is not as a result of Right-to-Buy legislation, but simply as a result of the Concessionary TV Licence regime.

The HRA Paying for the TV Licences of Current Tenants

20. Officers have examined the possibility of the HRA funding TV Licences for tenants who are over retirement age but under 75 years of age. Having explored this possibility it was found that the HRA could not pay the TV Licences for existing residents because of the new “Supporting People” financial regime, due to come into operation next year. Under the “Supporting People” regime, the Council will have to clearly identify all expenditure/service charges, whereas at present the costs are pooled and charged as a single rent/service charge. The TV Licence fee is not an eligible charge for the purposes of Housing Benefit.

21. There is also an issue of equity, because other Council tenants who happen to be over retirement age but under 75 years who do not live in premises eligible for concessionary TV Licences have to pay their TV Licence in full.

Resource Implications

22. The resource implications are that the Council could generate a greater rental income by being able to let properties which are currently hard-to-let because of the restrictions placed on premises covered by the Concessionary TV Licence regime.

Other Implications

23. There are "Opportunities for All" implications in as much as people under retirement age will be eligible to be considered for housing in sheltered housing schemes – the proposed course of action would afford a greater opportunity for people to be housed.

24. There are no Crime and Disorder, Environmental, Human Rights or Asset Management issues at this stage.

Officer Comment

25. It should be noted, that whilst the proposed course of action would render it possible to let accommodation in sheltered housing schemes to people of any age, arrangements would need to be put in hand to ensure that any placements were appropriate and sensitive given that most of the tenants are aged 75 years and over. It is considered that people of mature years, but who have not reached retirement age, could be offered accommodation in sheltered housing schemes.

26. There is a pressing housing need for people under retirement age. The proposed course of action will provide your officers with greater flexibility and opportunity to provide accommodation to people in housing need.

27. Were the Council to resolve to take this course of action, it would be possible to offer some of the hard-to-let properties to people – like young key workers moving to the area, on a temporary basis. The reason officers cannot do this at present is because of the Concessionary TV Licence arrangement.


28. There are individuals known to the Council who are on the Housing Needs Register or who have applied as homeless whose circumstances are such that they could reasonably be housed to their betterment and not to the detriment of a scheme. However, your officers are prevented from doing so because of the risk of losing the Concessionary TV Licence for existing tenants. It is felt that it is no longer tenable that people in their 50s and who are not “vulnerable”, but simply have fallen on hard times and are in desperate housing need, should be excluded from being housed simply because other well-housed people will lose the benefit of a Concessionary TV Licence, when there are properties standing empty into which they could be housed.

Recommendation

It is recommended that the Committee considers the proposal contained in this report and advises the Executive that:-

1. Sheltered Housing and Community Warden schemes should forgo the Concessionary Television Licence and they should be discontinued by April 2003 and tenants be advised accordingly so that they can budget for this;

2. from 1st April 2002, new occupiers of Sheltered Housing and Community Warden schemes be required to pay for their own Television Licence, where they are under 75 years of age;

3. the Director of Housing be authorised to regularly review schemes and where very few existing residents would be disadvantaged by removing the concessionary TV Licence, a scheme be withdrawn from the Concession; and

4. properties in Sheltered Housing and Community Warden schemes currently covered by Concessionary TV Licences may, in future, be let to people below retirement age.



Background Papers (DoH)

There are no background papers (as defined by Section 100D(5) of the Local Government Act 1972) relating to this report.



CONTACT OFFICER:

Name: Mr J Swanton Telephone: 01483 - 523375
Email: jswanton@waverley.gov.uk