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Top Housing Benefit & Council Tax Benefit topic #222

Subject: "discretionary housing payments" First topic | Last topic
Damian Walsh
                              

Welfare Rights Officer Salford City Council, Salford Welfare Rights Service, Salford
Member since
11th Feb 2004

discretionary housing payments
Thu 01-Apr-04 11:46 AM

Can a DHP be awarded to cover a period prior to the claimant moving in or is this prevented by the reference to "periodical payments in respect of the dwelling which a person occupies as his home" in reg 4 of The Discretionary Financial Assistance Regulations 2001 because they were not occupying the property?

In the particular case the claimant cannot get benefit on two homes, hadn't moved into the new home and I was exploring her options.

  

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ken
                              

Charter member

RE: discretionary housing payments
Thu 01-Apr-04 12:42 PM

I think its perhaps arguable that a DHP could still be paid for the "new home"

Although reg 2(1) of the above Regs, specifies that the person be entitled to HB, it doesn't say the DHP itself has to relate to the property HB is being paid on.

Providing your client was still getting HB for his "old property", arguably reg 2(1)(a) would be met.

Reg 4 itself is headed and concerns the "Limit on the amount of the DHP that may be made".

So arguably, while reg 4(a) would limit the weekly level of DHP to that of the rent paid on the "old property", again this doesn't necessarily mean no DHP could be paid for the "new property".

  

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Top Housing Benefit & Council Tax Benefit topic #222First topic | Last topic