Discretionery housing payment and dla

[Jan McFarlane]

My local council included my adult son's dla payment in the income for my household, when I applied for a Discretionery Housing Payment. He lives with me . Can they do this? Thanks

[Nilla]

I don't really know but seeing as its never included in housing benefit calculations as its not a taxed benefit they shouldn't do! Having said that the CSA included Sarahs when they did a calculation for my husbands maintenance for his son!

[Kev4]

I believe my council did the same, anyway I've appelled just waiting for the reply.

[titch]

Hi Jan
Our local authority included both my Husbands and my DLA in the calculation for discretionary housing payment plus they have also included the Direct Payments with get from the County Council which I have repeatedly explained is to pay for my husbands Personal Assistant & is not our own personal Finances.

Yesterday I received a letter from the local authority suggesting that I seek advice from a dietician about 'supplementary' foods to reduce our food bill. My husband has Huntington's Disease and has to have 7,500 calories per day.

I was angry & upset by this comment - they had made the assumption that we had not sought the advice of experts in the Huntington's field regarding dietary needs. My husband has already tried the fortified drinks such as Fortisip & Enshake but they make him physically vomit which defeats the object of having them.

We have lived with Huntington's for 12 years now & all of the experts in the disease that we see have said I am more than adequately managing my husbands diet, maintaining & sustaining his weight & am doing all of the right things.

So how can a local government official suddenly decide that he knows best?

They have even ignored the part in the DWP guidance manual whereby it states that if 2 adults cannot share a bedroom because of a long-term condition then the discretionary housing payment should be considerd for that couple.

Why are we being penalised for being ill through a genetic condition & because we care enough about our partners to want to give them the best care & support possible.

[Nilla]

titch I am gobsmacked at the cheek of that letters suggestions, how can some no mark sat in an office have a clue? Sadly things like these are becoming more common.
I was once sent a letter from the DWP dla dept asking if my daughter still had Downs Syndrome!!

[Eun]

Nilla
I had the same letter asking if my son still had Duchenne Muscular Dystrophy!!!! Where do they find these idiots? Mind you I had a trainee nurse at a hospital say to Robert that Muscular Dystrophy does not affect your ability to walk so why was he sat in a wheelchair? Silly bint was getting mixed up with Cystic Fibrosis - sometimes I despair I really do. Anyway some people with CF might also use a wheelchair too.

Eun

[Lazydaisy]

When my eldest was rushed to hospital nearly two years ago now, the young Dr looked at him and said,"oh, he has Cerebral Palsy then?" No, he has Downs Syndrome, I really was shocked,even though I was worried sick about my son.The Dr was a white British Dr,so there were no language problems where he might have got muddled.
We have also been asked if he has grown out of his Downs Syndrome,by the DWP.I made an official complaint about one woman who was very offensive,and as they were recording calls, they could hear that my complaint was justified and they apologised.

[maria_1507]

Titch ..that is an absolutely outrageous comment !!
Not only are you having to deal with the god awful scrutiny of the bedroom tax..then to be scrutinized again when applying for help !!

I empathise with your anger ..we won't apply for DHP as my blood pressure is already raised ..fighting the council over their so called "discretionary power" ...let them know how insensitive and arrogant they are being!!
take care..

[titch]

Dear Nilla and Aceso

many, many thanks for your messages - I am still shocked by the local authority officials comments about my husbands diet. He obviously thinks its okay to place additional costs on the NHS for us to get fortified drinks on prescription even though they would be a waste of the NHS money when my husband brought the fortified drink back up again. Then there would be the constant worry (on my part) of how I am going to get the calories back into my husband that day!

Seems that central and local government haven't got the first idea of how these reforms are actually damaging the quality of life for those who are long-term ill, disabled or their carers.

[Legsmaniac]

I asked for the DHP form well before the "Bedroom Tax" officially started and noted on the form that it took into account DLA, which both my wife and I get independently. After doing a rough completion of this form, we decided it wasn't worth sending in because it looked like we could well afford the Bedroom Tax because of the DLA being treated as Income, with nowhere on the form allowing us to offset this DLA for what it is used for. I threw the form away.

When the Bedroom Tax officially started, we were advised we should try and claim DHP and were given a form. The form was different, having been updated to take into account Bedroom Tax perhaps? The Income side of the form didn't ask for DLA and the Expenditure side asked for a lot more than the old form did. So we duly filled it in and took it to the council.

Weeks later, we finally get a letter in the post saying we have been approved for DHP. However, they have decided not to award us the full amount because (and I quote) "I cannot take into account money spent on cigarettes/alcohol and satellite TV."
So, because we are smokers, they have reduced our award and also because we subscribe to Sky TV. (Which I think is unfair because I pay for this with my DLA as my lifeline for their excellent subtitled TV services.) The letter also ends saying that I have no legal right of appeal against his decision so in other words, accept it and shut up. The award has been backdated to April and lasts for 12 months.

Hmmmmm........