A local authority's decision to take the care component of disability living allowance (DLA) into account when assessing discretionary housing payments (DHPs) was unlawful, the High Court has said
The decision, Hardy, R v Sandwell Metropolitan Borough Council, concerned a couple who were both disabled and in receipt of the care and mobility components of DLA.
Under the ‘bedroom tax’ rules their Housing Benefit was reduced as a result of their having a spare bedroom.
They applied for a discretionary housing payment to make up for the shortfall of Housing Benefit but, when assessed, had the DLA care component taken into account.
The High Court has ruled that the policy of taking into account the care component of DLA is unlawful. As a result Sandwell Council and the London borough of Kingston upon Thames have both confirmed that they were reviewing their DHP caseloads following this decsion. The move could be followed by hundreds of local authorities across the UK where councils count DLA when calculating DHP awards.
In addition, the DWP has confirmed to Disability Rights UK that it is reviewing its DHP Guidance to Local Authorities to take into account the High Court’s ruling.
You can read a fuller summary and the full judgment at http://disabilityrightsuk.org/hardy-r-v-sandwell-metropolitan-borough-council