DHP lump sum

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  • #19655
    tracy12
    Participant

    HI we have a leeter from CAB who are saying they are goign to take us to judicial review
    Clmt cancelled benefit as she was living with her partner ans he was working full time – means tested did not qualify
    Relationship was abusive he gambled and drank and did not give her money to pay rent , hence arrears accumulated
    she ended relation ship and moved out and re claimed
    We refused DHP as she was not on benefit
    CAB quote court of appreal R ( gargett) V london borough of lambets 2008 EWCA civ 1450
    But this is irrelevant to me
    They are saying the break in entitilement is irrelevant because the arrears which built up are now part of HB cost , so we should review

    Any advise please ?

    #475
    jamcon
    Participant

    The way I read the decision was that you can’t pay a DHP for any periods where they are in receipt of full HB/CTB or periods where they are not on HB/CTB at all. What you can do is look at previous periods where they may not be on full HB/CTB and award DHP for those periods if you so wish. I might be wrong, but that’s my interpretation anyway.

    #476
    tracy12
    Participant

    Thank you –

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