DHP when sanctioned

Can you still get DHP when sanctioned? Our Local Authority says not.

Thanks

Alison Eastwood

Check out the DHP Guidance on gov.uk. Appendix A.

https://www.gov.uk/government/publications/discretionary-housing-payments-guidance-manual

Not quite sure I follow, guidance or the LA, how does a sanction result in the reduction of HB?

If a DHP has already been decided prior to the sanction nothing changes, the DHP should not be revised, and if a DHP is requested during a sanction, same thing, the shortfall would already have existed prior to the sanction.

Maybe I’m missing something?

I think the guidance says you can’t get a DHP to plug the gap created by a sanction - but if the claimant is properly requesting DHP for housing costs (as opposed to trying to make up their living costs), that’s nothing to do with the sanctioned benefit and the LA is either sloppy in its reading of the guidance or wilfully misreading it.

The DWP floated the idea of sanctioning HB back in February (see Inside Housing) perhaps it was to do with that.

Otherwise I interpreted the DWP guidance as meaning that if the need for financial assistance arises from the application of a sanction then a DHP can’t be paid.

I think that is in line with reg 3 of the DFA Regs 2001

It’s in reg 3(j) of the Discretionary Financial Assistance Regulations 2001.  This catches higher level (s19 employment related) sanctions.  A refusal to participate under the Work for your Benefit rules (a lower level s17A sanction) is also caught.  However, other lower level JSA sanctions (s19A sanctions), such as a failure to follow a job seeking direction, are not mentioned in the regs so are not caught and a DHP can be paid.  Any prohibition would certainly apply to a new claim.  The rules for reviews of existing awards are at reg’8.