LA stating that it will not award any DHP’s to claimants affected by the Bedroom Tax…

Hi all

Just curious to see if anyone has any thoughts on this? Am currently trying to decide if I can kick up a fuss, and if so who to.

We are starting to see more and more clients who are about to be affected by the bedroom tax, and we have been advising them on their (very limited) options, including making an application for a DHP. Obviously a DHP can never be a long-term solution but at the least it would appear to be a way of dealing with the immediate problem whilst approaching the Housing Association for a smaller property/exploring other options etc.

One of my colleagues runs an advice session based at the Local Authority’s HQ. They have been told by a Housing Adviser there that the LA has decided it will not be awarding DHP’s to anyone affected by the bedroom tax, although they have not formally advised us of this. I saw a client myself yesterday who I had previously advised to apply for a DHP in this situation, and she reports she went to the LA to make a claim and was initially told there was no point as she would not be given an DHP. Client reports her mother then joined the conversation, at which point the adviser seemed to back off a little and was less forthright, but there was lots of advice about client “helping herself” eg, dealing with any debts and asking her RSL to move her to a smaller property. Anyway, client and I did the forms yesterday and we will see what comes of it but it is pretty clear the LA has no desire/intention to award a DHP in these cases.

Now I know Discretionary means exactly that, but it appears to me there is an assumption being made in Whitehall that this fund will be used by LA’s to help the more vulnerable claimants affected by the new arrangements and who are not covered by specific legislation. If the LA can just decide that no one can have a DHP, unless in a situation where the shortfall is not caused by the bedroom tax, that what are people meant to do. And if this is what the LA have decided, and they have the authority to do so, then why can’t they at least put their money where their mouth is and tell us formally… grrr

My client can work out that if she can’t afford extra rent, and can’t find a smaller property, then eventually she will have sufficient arrears to possibly be evicted, then she’ll be homeless and needing to access the LA homelessness provision (and that’s a whole other battle)... Is it just us and our clients that can see this is all going to be an enormous car crash several months down the line??

Sarah

LadyP

It appears that the LA is fettering its discretion by having a blanket policy - clearly not reasonable and therefore potentially unlawful - APP v Wednesbury Corporation.  I would ask for minutes of all meetings they have had regarding welfare reform over the last 12 months under the Freedom of Information Act.  If this is their stance then not sure what you can do other than an application for leave for Judicial Review - alternatively a complaint to the LA to proceed to a complaint to the Ombudsman. 

shabir

I don’t see how they can do this.  Apart from fettering discretion, there is also the point that government funds have been provided for this very purpose.

Although I guess “sanctionsgate” at the DWP already tells as that organisations can have differing public and..er..less public policies…...

Andy

They can because no one either finds out what they are doing or challenges them. 

Shabir

Actually the DWP have just issued their evidence collecting requirements for DHPs. One of them is that LAs have to record and supply to the DWP the number of awards made because of the bedroom tax and the total amount awarded.

I suspect the DWP will notice if there are no such awards.

Sorry my post should of course have said “because of the removal of the spare room subsidy” because that is what is says on the return.

Form DWP1984

Please enter the number and value of payments made to:

Skivers
Workshy
Fraudsters
Garlic reeking foreigners
Curry reeking foreigners
Generally reeking foreigners

Please record the number of:

Strivers, who didn’t apply
Patriots going hungry rather than leeching off taxpayers
Successful entrepreneurs who don’t need it