Bob – why do you state
“You also need to make sure you have provisions in place for claimants to request a review of a decision on a DHP, and that if you take DLA into account you can justify this.”
There is no statutory scheme, many LA’s have an officer or member panel which would consider requests for review simply because they felt it appropriate to give such an opportunity.
The only statutory provision is that La’s can review an award whenever and for whatever reason they believe necessary, that may or may not be because the circumstances of the customer have changed or because the customer has asked for such a thing to happen.
You no doubt will come back with an HRA or JR justification however I don’t think it would hold water given the absolute discretionary nature of the award in the first place. Decisions need to be reasonable in a wednesbury sense and I think any decision to include DLA as income isn’t necessarily going to fall especially given the case law (which I believe is relevant) quoted in this thread.
