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Discretionary Housing Payment Appeal -Carers UK Forum

Discretionary Housing Payment Appeal

All about money
I've just had a reply from the Council regarding my appeal. I appealed on the grounds DLA should not be included as Income. This is what they said

I note your comments about DLA not being included as an income. Whilst DLA is not included when calculating your entitlement to Housing Benefit, it is included when looking at your income and expenditure as it is money that is giving to you to help with your everyday needs because of your disability. The payment of rent is an everyday need and therefore it will continue to be used when considering your request.

I have however taken note of the fact that you do not receive the money in respect of the mobility element as you have substituted this for a car so will remove that from your income when looking at DHP

They also want 3 months bank statements before they will make a decision on the appeal. So another month of paying the difference
Hmm! Sounds like they interpret DLA to suit themselves. I thought it was for your additional needs as a result of your disability (ie. "to help with your everyday needs because of your disability"). Rent is not an additional need - everyone has to pay it even if they don't have a disability.
Hi Kev4

Our local authority also include our DLA payments when considering discretionary housing payments - which I think is appalling for as has been said DLA payments are for disability related needs and housing is not a disability related need! It is a need for all those who cannot afford to purchase their own homes.

We had to provide 2 months bank statements - including the account my husband uses for Direct Payments. I'm still in discussions with them about the relevance of that because as we all know Direct Payments are to purchase the care and support for the caree & is covered by the Community Care (Direct Payments) Act & the Health & Social Care Act.

I have just downloaded the bedroom tax kit from the Carers UK site to challenge our bedroom tax because we live in a 2-bedroomed house, have to sleep in seperate rooms because of my husbands condition & also need a carer to stay overnight (she has to sleep on the floor in the living room because we don't have anywhere else for her to sleep & the cost of a 'waking' carer for the night-time would be too costly).

This government & some local authorities are making people like us jump through hoops despite our situations not being comparable to our able-bodied peers.
Trouble is they can always find a counter argument, regarding DLA.
I think that you should show the letter from the council to a lawyer/CAB or similar. The argument that they use is fundamentally flawed. DLA is for ADDITIONAL expenditure related to your disability, not for ordinary needs. They have disallowed your mobility as you use if for you car, but that's ordinary expenditure for most people! If they said DLA care is ordinary then so should DLA mobility. However they have a duty to make "reasonable adjustments" as you are disabled, and by classing DLA as "ordinary" have failed to do this. I studied law as part of another degree 20 years ago, so my comments should be seen merely as a pointer for further action. It's vital that you get a proper lawyer's opinion, ideally someone with experience in this area. I know that in some areas there are disability law specialists, it really depends on the area in which you live.