The DWP has issued a new Discretionary Housing Payments (DHP) guidance manual
Following the High Court decision R v. Sandwell MBC, ex parte Hardy we made submissions that this guidance should advise that Disability Living Allowance (DLA) and Personal Independence Payments (PIP) should always be disregarded as income when DHPs are claimed.
The DWP has not followed this recommendation but we are pleased that the guidance provides for more discretion when considering claims from anyone on DLA or PIP.
The guidance now states:
“3.8 In establishing if the claimant requires further financial assistance, you can decide how to treat any expenditure, offsetting it against income intended to assist with such expenditure as appropriate.
3.9 When deciding how to treat income from disability-related benefits such as Disability Living Allowance or the Personal Independence Payment, you should have regard to the decision of the High Court in R v. Sandwell MBC, ex parte Hardy. In particular, you should consider each DHP claim on a case by case basis having regard to the purpose of those benefits and whether the money from those benefits has been committed to other liabilities associated with disability. “