The legislation makes provision for assistance with repairs or instalment relief, in cases where borrowers are financially incapable of effecting work for the purpose of keeping the property in good order and repair, or maintaining normal monthly instalments.  Further details are contained in Entitlement General Orders Chapters 4-7.

One of the criteria specified in s.20 and s.23 for the issue of certificates of entitlement for widow/widower advances and instalment relief is that the applicant is suffering financial hardship - [please see Entitlement GO's Chapter 6].

Where advice of the death of a purchaser or borrower is received and the deceased is survived by a widow/widower or dependent parent as defined in the Act, a letter of sympathy should be forwarded to the survivor, issuing an invitation to telephone to discuss matters connected with the property and her/his entitlements. Matters to be discussed should include her/his assessment of the condition of the property and outgoings on it and whether she/he will be able to meet those outgoings in full, the details of the Relief policy and the availability of further/additional assistance, including the eligibility status of the widow/widower.  Written confirmation of the matters discussed should be sent to the widow/widower at this stage.

In all relief cases ie Widow/Widower Advances and Instalment Relief to Widows/Widowers and others, the amount and term of the advance or the amount and term of the reduced instalment approved is to be specified on the certificate.  The general principles contained in Entitlement General Orders 7.1 provide that relief granted shall be reviewed at twelve monthly intervals.  In this regard care needs to be exercised in setting the term of the relief approved initially, as there is no legislative provision which enables a review to be conducted within the approval period nor to provide a number of widow/widower advances without corresponding applications.

For instalment relief cases, a term of 12 months would be normally considered appropriate unless evidence suggests a longer term to be more practical in the circumstances.  In any case, a relief term should not exceed 2 years.

For cases of widows'/widowers' advances for recurring expenses such as rates, consideration should be given to paying the annual amount by one payment rather than paying four quarterly instalments, an option which is often available.  This may enable the widow/widower to take advantage of any discounts applicable to one-time payments and reduce the paperwork on the client, DSH and the Bank in processing four applications, certificates and payments within twelve months.  There is no legislative provision to issue a certificate for recurring expenses without a corresponding application.

The term for widow/widower advances would normally be set as the remainder of the term of the current advance although Sub-section 36(1)(b)(ii) provides that a longer term may be determined if appropriate.

Where a certificate of entitlement has been issued for a widow/widower advance and the initial/further advance has been assigned, a certificate of assignment may be issued upon application in relation to the widow/widower advance.

There is no legislative provision which enables a review of relief to be conducted within the approval period specified on a current certificate of entitlement.  When advising a widow/widower or other borrower of the extent and nature of relief granted,  she/he should also be informed that she/he is free to re-apply for further relief if necessary at around the time the current relief is due to expire.

Although it is considered appropriate to withdraw relief due to the obvious change in circumstances on notification of the marriage of a relief recipient, there is no legislative power to do so during the currency of a certificate of entitlement.  In view of the lack of power to cancel or withdraw relief, it is imperative that certificates issued for relief purposes specify the period of relief approved in accordance with the time limits imposed by Procedural GO 3.3.  This will ensure that relief is provided to those in greatest need, and allows a mechanism to monitor more closely, the appropriateness of the benefit.

Where an applicant receiving relief dies, the case should be examined immediately and appropriate steps taken to ensure that the Administrator of the Estate is informed that relief will cease at the expiration of the relief term specified on the current certificate.

Where an applicant in receipt of relief ceases to occupy the house, the relief continues during the life of the current certificate.

On receipt of a fresh application at the expiration of the current certificate, investigation of the reasons for non-occupancy will be necessary.

There would be circumstances for example, where it may not be possible for the applicant to be in occupation, but where it would be appropriate for DSH to continue relief.  Two examples are:-

• where the person has been admitted to a nursing home but cannot afford to pay for repairs, rates, instalments etc on the DSH property, due to the fees payable to the nursing home.  Assuming the home remained untenanted in anticipation of the applicant returning on possible discharge from the nursing home, it would be reasonable to continue relief.

and

• where the person's house is in such a bad state of repair that it is dangerous for him/her to remain in the property.  As the person may be required to pay rent in the alternative accommodation, it would be appropriate for DSH to provide relief in relation to the DSH house, until it is repaired.

While the intention is that the applicant be in occupation of the DSH house, delegates have a discretion to make decisions based on the merits of each particular case.

Instalment relief is not available in the case of assigned advances.