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DHP and DLA as income

With regard to Discretionary Housing Payments does anyone know if DLA should be included by the council as income?
For example LHA rate is £500, rent £800 monthly
Have care plan in place and receive DLA high care, low mobility.
Council saying they want to review what DLA is being spent on.
But DLA is currently being used to top up rent.
I have to say DLA currently being used for rent.
They will refuse DHP
I would like to use DLA for my medical needs as assessed by my consultant and not for rent.
Is there any legal rights please?

Comments

  • Afraid_of_Kittens
    Afraid_of_Kittens Posts: 342 Forumite
    100 Posts Second Anniversary Combo Breaker
    edited 28 June 2018 at 4:49PM
    Yes it may be counted as income. A few years back the guidance manuals were amended from is taken into account to may be taken into account.

    3.9 When deciding how to treat income from disability-related benefits such as
    Disability Living Allowance (DLA) or the Personal Independence Payment
    (PIP), you must have regard to the decision of the High Court in R v.
    Sandwell MBC, ex parte Hardy. This decision places an obligation on LAs
    to consider each DHP application on a case by case basis having regard
    to the purpose of those disability related benefits and whether the money
    from those benefits has been committed to other liabilities associated with
    disability.

    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/692240/discretionary-housing-payments-guide.pdf

    http://www.bailii.org/ew/cases/EWHC/Admin/2015/890.html
    I enjoy flower arranging, kittens, devil worship, the study of serial killers and their methods and road kill jigsaws.
  • OOOO
    OOOO Posts: 44 Forumite
    okay thank you. so this means i am now unable to use DLA for its intended use and unable to pay for the care required for my mobility needs.
  • Afraid_of_Kittens
    Afraid_of_Kittens Posts: 342 Forumite
    100 Posts Second Anniversary Combo Breaker
    edited 28 June 2018 at 5:01PM
    OOOO wrote: »
    okay thank you. so this means i am now unable to use DLA for its intended use and unable to pay for the care required for my mobility needs.

    You need to make this clear in your DHP claim that the shortfall in Housing Benefit means your DLA that is meant to be used for your mobility and care needs is instead being used to plug the shortfall in your rent.

    Do you have an overnight carer at all staying with you during the week even for a night or two?

    How many bedroom in the property and is it just you in the property?
    I enjoy flower arranging, kittens, devil worship, the study of serial killers and their methods and road kill jigsaws.
  • OOOO
    OOOO Posts: 44 Forumite
    I have overnight care but only when needed which is on average about 4 nights a month. 2 bed house
  • Afraid_of_Kittens
    Afraid_of_Kittens Posts: 342 Forumite
    100 Posts Second Anniversary Combo Breaker
    edited 28 June 2018 at 6:30PM
    OOOO wrote: »
    I have overnight care but only when needed which is on average about 4 nights a month. 2 bed house

    Are they paying you the 1 or 2 bedroom rate of LHA rate?

    If you have an overnight carer even for part of the week they should be paying you the 2 bedroom rate.

    There is no definition in benefit legislation what 'regular' actually is.

    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/632052/a3-2011.pdf
    I enjoy flower arranging, kittens, devil worship, the study of serial killers and their methods and road kill jigsaws.
  • OOOO
    OOOO Posts: 44 Forumite
    Thank you for your reply. I did apply for the 2 bed rate but was refused. I have different friends stay when available and needed. But the council asked for names, addresses and statements from the people who stayed. My friends did not want to provide this
  • OOOO
    OOOO Posts: 44 Forumite
    Yes it may be counted as income. A few years back the guidance manuals were amended from is taken into account to may be taken into account.

    3.9 When deciding how to treat income from disability-related benefits such as
    Disability Living Allowance (DLA) or the Personal Independence Payment
    (PIP), you must have regard to the decision of the High Court in R v.
    Sandwell MBC, ex parte Hardy. This decision places an obligation on LAs
    to consider each DHP application on a case by case basis having regard
    to the purpose of those disability related benefits and whether the money
    from those benefits has been committed to other liabilities associated with
    disability.

    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/692240/discretionary-housing-payments-guide.pdf

    http://www.bailii.org/ew/cases/EWHC/Admin/2015/890.html


    Thank you this is really useful.

    Please could you help simplify the linked documents?
    To me it appears in the court case that the final decision is that it would be discrimination to include DLA care as income. But in the council guide it says the opposite.

    It also mentions about the mobility element being not included? Or am i not understanding that?

    I am so confused
  • If the overnight carer exemption was refused then you tell them you wish to go to a tribunal. It is usual for them to ask for names and addresses of the people who will be doing the overnight care and sometimes they ask for a letter from your GP . You must follow this up with them. It is in the housing benefit regulations. They need to put in writing their full reasons for refusing. This can then be used in your tribunal
  • Sure it's sorted now, the thread is 5 months old!
  • I'm glad you are sorted now. But hopefully my information may help someone else. I deal with these sort of questions every day:)
This discussion has been closed.
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