DHP following burglary/theft

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  • #38639
    david farrar
    Participant

    I have an extremely unlucky claimant who received a Housing Benefit payment of £1125.00 (15 weeks at £75.00).

    He withdrew the full amount from his bank account to pay to his landlord and entrusted it to a friend for safekeeping for the night. The friend was unfortunately burgled on that very same night.

    Is there anyway that I can pay a DHP in these circumstances as a lump sum?

    Or are my hands tied by the Gargett ruling? If so, I doubt I will be able to find sufficient shortfall to pay this amount even if I was to go back to 2001.

    #109073
    david farrar
    Participant

    It’s okay, I think I have managed to sort it out.

    I think that the fact that Regulation 4 does not specifically require the deduction of HB from the cap will work in this instance.

    Normally, I would say that Reg 2(1)(b) would cap the amount of DHP to the difference between the HB and the eligible rent. However as the HB has been “stolen”, the cap would be the eligible rent as per Reg 4.

    #109126
    Anonymous
    Guest

    This sounds mighty suspicious. I take it the friend was not insured for theft? And I suppose they came straight to the Council to request compensation?

    If I withdrew all my wages in one go and got mugged, I wouldn’t ask my employer to pay me again. I’d file a report with the police, check if my insurance covers me, maybe file a claim with the Criminal Injuries Compensation Authority (not sure if you actually have to be injured to receive anything but it would be worth a shot).

    Then again, I have to ask why the LA chose to pay so much to the claimant when they are clearly over 8 weeks in arrears… :~

    #109294
    csjarvis
    Participant

    Comletely agree with Michael.
    Whether you can or can’t isn’t the issue. Why would you want to? This is so not what a DHP is intended to be used for. Do it once, wait for the grapevine to kick into action, and watch more claims like this roll in.
    If your claimant has genuinely been unlucky/niaive then I feel sorry for him, but please!!!

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