Can anyone give me there thoughts on the following:

Pre LHA situation.

Parents (on Income Support) rent privately an older 3 bed period semi which has larger type rooms. They have 2 severely disabled daughter aged 15 and 11 who are both on HR mob/HR care DLA. They can not walk and indeed have electric wheelchairs and a large mobility vehicle to travel in.

They could not get suitable RSL/LA accomodation and so had to rent this private property as it was most suitable i.e. so that they could fit in specialist equipment e.g. electric beds, special chairs etc and have enough space to manouver around. Also closer to the special school that they get picked up to attend.

The rent officer has deemed that the property is too large for the family and above rents for other properties in the area (but it is I would say no more than other properties).

Some DHP has been awarded because of the circumstance for a year (although they are unlikely to change) but there is still a large shortfall. The Appeals Officer has indicated that some of the DLA could be used for the shortfall.

I believe that they should not be asking for DLA to be used in this way but what do others think about the situation? Is it worth a further appeal for increased DHP?

The problem with Discretionary Housing Payments is that they are just that - Discretionary!

The LA just needs to be fair. The DHP guidance given by the DWP states:

"You should be aware that although the legislation gives you a very broad discretion, decisions must be made in accordance with ordinary principles about good decision making, ie administrative law. In particular, LAs have a duty to act fairly, reasonably and consistently."

It's certainly worth asking for the DHP decision to be looked at again (although there's no official appeal rights as such), perhaps highlighting the increased costs faced by the family with two disabled daughters.

It may also be worth pointing out that as DLA is disregarded in the assessment of HB/CTB (and IS I think) it is reasonable to disregard it for DHP.

Also see s 73 (14) SSCBA 1992: DLA Mobility comp "shall (except in prescribed circumstances and for prescribed purposes) be disregarded in applying any enactment or instrument under which regard is to be had to a person's means". P158 Bonner.

Shouldnt this be more a complaint against the rent restrictions rather than the DHPs..??