Housing Benefit: Disability – Parliamentary Written Answer

Mr Betts: To ask the Secretary of State for Work and Pensions for what reasons his Department's guidance to local authorities on assessing applications for discretionary housing payments, gave discretion to authorities to take account of applicants' entitlement to disability living allowance.

Steve Webb: The regulations covering discretionary housing payments (DHPs) are The Discretionary Financial Assistance Regulations 2001. These regulations allow local authorities to ask for information relating to a claimant's circumstances and income, including entitlement to DLA, as appropriate to enable them to make a decision on a DHP application. DWP guidance states that local authorities may wish to consider the purpose of the claimant's income, and where appropriate can decide to disregard income from disability related benefits as they are intended to be used to help pay for the extra costs of disability. In addition local authorities may like to bear in mind that such money might be committed to other liabilities for which the money was intended.  Local authorities have a duty to act fairly, reasonably and consistently. Each case must be decided on its own merits, and decisions should be consistent throughout the year. However, if a claimant is refused DHP, they could ask the local authority for the decision to be reviewed.