Example
C applied for a crisis grant for food and utilities after their Universal Credit was stopped and they had no funds. The council awarded 14 days at the non‑householder rate to allow time for a new benefits application. C requested a review, explaining the award was insufficient.
At first tier, the council upheld the decision, stating C was not eligible because they had failed the Habitual Residence Test (HRT) and therefore had “no recourse to public funds.”
We reviewed the council’s file and corresponded with C. We assessed that failing the HRT does not affect eligibility for the Scottish Welfare Fund, and that C, who has pre‑settled status, was eligible to apply. We also noted that C had been temporarily staying with a friend but was registered as homeless and at risk of eviction. Therefore, we changed the decision and recalculated the award at the householder/homeless rate. We also provided feedback on the clarity of the decision letters.
C later requested a reconsideration of our decision. The new decision maker increased the duration of the award to four weeks, in line with section 7.7 of the guidance, as C’s income gap was not expected to be resolved within two weeks.
Recommendations
- At initial decision: award an additional £52.08 for living costs.
- At reconsideration: increase the award by a further £132.04 to reflect a longer duration.
Feedback for the council
- Failing the Habitual Residence Test does not exclude someone from applying to the Scottish Welfare Fund.
- The initial decision letter did not provide enough information for the applicant to understand the decision.