Direct HB payment - disability discrimination?

Our local authority is taking part in the pilot scheme for HB payment direct to claimants, for Council and HA tenants.  My client has severe mental health issues and wants to refuse to take part.  She is a Council tenant.  She refuses to open a bank account (she has a Post Office card account but this cannot be used for this purpose), and refuses to open a Credit Union account or to collect and cash cheques from the Council.  The idea of having to deal with the HB herself and pay her rent, or open a bank account, is causing her a great deal of anxiety and stress, which makes her very verbally aggressive and reluctant to listen.  She also refuses to engage with tenancy support offered by the Council.  The Council insist that the new system is mandatory for all tenants and there is no way of opting out.  My client feels that this is disability discrimination and that the Council should allow her to remain on the old system on mental health grounds.  She simply refuses to consider engaging wth the new system and says she will not collect the cheques and will not pay her rent. Does anyone have any views on this or any cases where this has been successfully argued?

Cathy - what the City Council have told your client / how your client has interpreted this information is not correct. Has you client completed the City Council Direct Payments Questionaire? Has ASAC contacted Paul Wilding or one of the Customer Service team about the case?

Please call us on the consultancy service for further advice - remember the City Council fund us to support local advice centres!

Hi Peter, thanks!  I’ll try and call tomorrow morning.