Tag Archive for 'discretionary housing payment'

Discretionary Housing Payments

By J on 20/12/2008. 6 Comments

R (Gargett) v LB Lambeth [2008] EWCA Civ 1450; on appeal from [2008] EWHC 663 (Admin).

A Discretionary Housing Payment (DHP) is a discretionary payment made by a local housing authority to a person who is (a) in receipt of housing benefit or council tax benefit; (b) considered by the authority to be in need of “further assistance” with “housing costs” and (c) who applies for a DHP.

There is a fixed limit which any local housing authority can spend on DHPs in any given year and that limit cannot be exceeded. See s.69 Child Support, Pensions and Social Security Act 2000 and the Discretionary Financial Assistance Regulations 2001.… Read the full post

Posted in Benefits, FLW case note and Housing law - All. Tags: DHP, discretionary housing payment, housing benefit, rent arrears.

Discretionary Housing Payments

By NL on 09/04/2008. 0 Comments

A short note on Gargett, R (on the application of) v London Borough of Lambeth [2008] EWHC 663 (Admin) which was an application for Judicial Review on Discretionary Housing Payments.

The applicant had applied for a DHP to cover rent arrears, being at risk of losing her home. She was refused as

i) she was in receipt of full housing benefit.

ii) the arrears built up during a period when she was not in receipt of HB and that “therefore Housing Benefit may not be awarded as in accordance with the Discretionary Financial Assistance Regulations 2001: 2(1) and (3)”.

The applicant contended that:

(1) The Council fettered its discretion and … Read the full post

Posted in Benefits, FLW case note, Housing law - All and secure-tenancy. Tags: Benefits, discretionary housing payment, housing benefit, Housing law - All.