DHP and prisoners

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  • #19634
    Michelle Hunter

    Hello wondered what thoughts you all had on this case scenario:

    I have a DHP request whereby a customer was in receipt of HB/CTB until he received a custodial sentence of 8 months & his HB/CTB claim was terminated. Customer released 16 weeks later and submitted new claim – which is now in payment – however support worker is requesting DHP for period no HB/CTB in payment, i.e whilst he was in prison, as has huge rent arrears.

    Can we pay a dhp towards this even though no HB/CTB in payment.

    Thank you


    My response would be to quote Reg 2(1)(a) of the Discretionary Financial Assistance Regualtions 2001 (SI 2001/1167):

    [quote:b70091747c]Discretionary housing payments
    2. – (1) Subject to paragraphs (2) and (3) and the following regulations, a relevant authority may make payments by way of financial assistance (“discretionary housing payments”) to persons who –

    (a) are entitled to housing benefit or council tax benefit or to both; [/quote:b70091747c]

    and say that no DHP could be awarded.

    Supported I guess by Gargett, R (on the application of) v London Borough of Lambeth [2008] EWCA Civ 1450 (18 December 2008) on this very site https://hbinfo.org/menu2/caselaw/gargett.rtf

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