Terms & Conditions

[Andrew Plant]

Hello

I seem to remember in the dim and distant past that LAs were issued with guidance about whether the Mobility component of DLA should be included in any financial calculation used in deciding a DHP award (or something on those lines.)

I can find what I think is the legislation that covers not including it which is as follows:

S.73 (14) of the Social Security (Conts & Bens) Act 92.

“A payment to or in respect of any person which is attributable to his entitlement to the mobility component, and the right to receive such a payment, shall (except in prescribed circumstances and for prescribed purposes) be disregarded in applying any enactment or instrument under which regard is to be had to a person’s means.”

However I would like a copy of the guidance.

Any offers please.

Thanks

[Anonymous]

I don’t think they were ever that directive about DHPs – the whole idea is that they’re discretionary.

[Hilly]

We always include DLA in the customers income. DHPs are not payments of benefit and I believe you need to look at the whole financial picture.

If you don’t count it as income you shouldn’t include travel/care costs in the expenses.

8)

[Andrew Plant]

Thank you both for taking the time to respond.

I did eventaully email the Adelphi and get a response (after chasing them) on the following lines.

“quote is only relevant to income related social security benefits, which
a DHP is not. There is nothing that similarly prevents a LA from taking account of either forms of DLA when considering a DHP. We have issued no further advice on the scheme since the original letter to managers.”

Which I suppose means I was wrong, though strangely I still remember the document, must be a false memory planted by too many years working in benefits. 😉

[lesley turton]

Are you thinking of a case R v. London Borough of Barnet ex p. Turner HBRB – this dealt with the use of DLA Mob and Care when making discretionary payments?

[lesley turton]

Are you thinking of a case R v. London Borough of Barnet ex p. Turner HBRB – this dealt with the use of DLA Mob and Care when making discretionary payments?

[Andrew Plant]

Not it was not case law, it was more a guidance type document.

The ironic thing is, I have just moved office, had a bit of a clear out of things I “did not need” and the document I am thinking of was in there.

I was probably wrong anyway it probably related to something else.

[Author]

Posts