DHP to cover period prior to moving in

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  • #19625
    Darren Broughton
    Participant

    I have a claimant currently receiving HB at property A. He has taken on a new tenancy (property B) but property B requires adaptations due to the claimant’s disability. These adaptations will take longer than 4 weeks to complete.

    I’m aware that I can only pay for up to 4 weeks under HBR 7(8), so the claimant has requested a DHP for the period where HBR 7(8) doesn’t apply.

    I’ve looked at the Discretionary Financial Assistance Regs, and Regulation 4 basically states that a DHP shall not exceed the amount of eligible rent in respect of the dwelling occupied as his home.

    [i:1592725be3]4. The amount of a discretionary housing payment (if calculated as a weekly sum) shall not exceed, in a case where the need for further financial assistance arises as a consequence of the liability to make
    (a) periodical payments in respect of the dwelling which a person occupies as his home…an amount equal to the aggregate of the payments specified in – (i) regulation 12(1) of the Housing Benefit Regs…etc[/i:1592725be3]

    For the period where I can’t pay HB under HBR 7(8), the claimant is only treated as occupying the current dwelling – property A.

    Does this mean that when considering a DHP for the rental liability at property B, I can only pay a DHP up to the level of the rental liability at property A?

    #403
    jmembery
    Participant

    Yes it does, you can only pay up to the amount of the liability in property A.

    #404
    Darren Broughton
    Participant

    Cheers Jeff…what a bizarre little regulation

    #405
    Darren Broughton
    Participant

    The more I look at Reg 4, the more confused I get (I think…??)

    I think Reg 4 is basically saying –

    “Where the need for a DHP arises as a consequence of the liability to pay rent at the dwelling occupied as the home, then the amount of the DHP shall not exceed the eligible rent (i.e. gross minus ineligibles)”

    Does this mean that if the need for a DHP arises as a consequence of the liability to pay rent at a property [u:3e033a6af3]not yet [/u:3e033a6af3]occupied as the home, then Reg 4 doesn’t apply, and therefore there is no restriction?

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