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DHP to cover rent because UC can’t be backdated
I have a client who was on ESA (no SDP) and living in a mortgaged property which was sold to forestall repossession and moved into private rented. For a variety of reasons they didn’t realise they had to claim UC rather than HB to get help with housing costs for 2 months, and there are no solid grounds to backdate for the I month allowed for in regulations.
I have advised client to consider a DHP to cover the shortfall, but have come up against the LA’s guidance notes which say “the housing element of UC must be in payment in the benefit week that a DHP is awarded for”. But having looked at the Discretionary Financial Assistance Regulations 2001, section 2(1)(a) refers to a person who is “entitled to”. I am wondering whether I could argue that the client was entitled to the housing element even though they hadn’t claimed it, and so is eligible to be considered for a DHP.
Any thoughts or suggestions?
I don’t think you will get anywhere on that sort of hypothetical entitlement - however many councils are prepared to entertain requests for lump sums towards arrears in appropriate cases. I believe there is a degree of controversy as to whether or not this is allowed.