I thought I read that discretionary housing payments can be requested for fuel charges included in the rent. Are there any guidelines for claiming a discretionary payment for both hot water and water rates? The rest of the rent is met by housing benefit, although the hot water charge included in the rent (confirmed by the rent officer) is higher than the standard amount. The water rates are also relatively high
Any advice would be appreciated

Regulation 3 of the Discretionary Financial Assistance Regulations 2001 specifically prohibits awarding DHP's to meet ineligible service charges and water rates.

I think you are onto a loser here

Is the whole of the actual rent charged (apart from services) paid by HB?

Thank you for both your replies. Housing benefit meets the rest of the rent in full

Although I doubt the LA will go for it, there is actually nothing to stop the awarding of a DHP in this case. The maximum amount of DHP that can be awarded is limited to the amount of the eligible rent as Stainsby says, but it is not limited to the amount of eligible rent remaining after HB has been granted.

So, just by means of example, a claimant with an eligible rent of £50.00 could get £50.00 HB plus £50.00 DHP for a total of £100.00.

As I said, I doubt the LA will go for it, but you can ask for it.

Thank you for your helpful reply.

I thought I had seen something on Rightsnet along these lines a little while ago but I could not find it.

Is there anything in the legislation I could quote, as I am also doubtful the LA will agree?

Regulation 4 of the DFA Regs is the relvant bit to quote

Limit on the amount of the discretionary housing payment that may be made
4. The amount of a discretionary housing payment (if calculated as a weekly sum) shall not exceed, in a case where the need for further financial assistance arises as a
consequence of the liability to make–
(a) periodical payments in respect of the dwelling which a person occupies as his home, other than payments in respect of council tax, an amount equal to the amount of the aggregate of the payments specified in regulation 10(1) of the Housing Benefit Regulations less the aggregate of the amounts referred to in regulation 10(3)(b)(i) to (iii) of those Regulations, calculated on a weekly basis in accordance with regulation 69 and 70 of those
Regulations or
(b) payments in respect of council tax, an amount equal to the weekly amount of council tax liability of that person calculated on a weekly basis.

The implication is that LA's can award a DHP to cover the full eligible rent even though there has already been an HB award. The analysis in Findlay supports this interpretation, but I dont think any LA is likely to pay in this way, unless they have a gross underspend that they wish to use up