Discretionary housing payments policy

Please tell us what you think about our website, we welcome your feedback.

Customer notice

Due to essential maintenance some of our web services will be unavailable between these times 7pm Friday 25 May and 5pm Sunday 27 May 2012.

In case of any emergencies please see our Facebook or Twitter pages.

Background

The Child Support, Pensions and Social Security Act 2000 provides arrangements which allow authorities to make Discretionary Housing Payments to claimants in receipt of Housing and/or Council Tax Benefit.

Discretionary Housing Payments (DHPs) are payable in addition to Housing or Council Tax Benefit, where certain criteria is met. The regulations covering DHPs are the Discretionary Financial Assistance Regulations 2001.

Financial Position

The government allocates an overall cash limit that the authority can spend on DHPs. Any unspent funding is recovered by the government.

Awarding DHPs

There are no prescribed tests under the new arrangements. However, before awarding a DHP, the following criteria must be satisfied:

• the customer is entitled to Housing or Council Tax Benefit, or both;
• the customer requires further help with their housing costs;
• and there are sufficient funds within the Council’s overall DHP fund.

DHPs cannot be made in respect of:

• certain elements of rent:
• ineligible service charges
• charges for water, sewerage and environmental charges
• increases in rent due to outstanding rent arrears

DHP cannot be awarded where:

• alternative maximum Council Tax Benefit (second adult rebate) is payable
• deductions are made from Housing Benefit as a result of Income Support or Jobseeker’s Allowance sanctions
• Housing/Council Tax Benefit has been suspended
• no rent liability exists i.e. where only Council Tax Benefit is paid or vice versa.

The level and duration of DHPs is at the discretion of the Council although the level of benefit plus the DHP must not exceed the weekly eligible rent or council tax liability.

Wiltshire Council will bring to the attention of every customer seeking to apply for help with their rent and/or Council tax liability the DHP scheme. All claims for DHP must be made in writing using the prescribed application form (Appendix A) by the customer (or appointee) to the Council’s Revenues and Benefits Service.

Upon receipt of an application for DHP the assessment officer will:

• ensure that Housing and/or Council Tax Benefit are in payment;
• confirm the amount of the shortfall between the level of benefit and the eligible rent and/or council tax liability;
• contact the claimant to obtain any additional information regarding expenditure that will be required to make a full determination.

It is not possible to prescribe the circumstances that will result in the award of a DHP as each case is likely to be unique. Each application will be considered on its merit, taking into account any relevant information provided by the customer. When considering applications, matters that will be taken into account include:

• the claimant/partner’s age and health
• the Council’s duty to prevent homelessness
• steps taken by the claimant to alleviate the problem
• income, capital levels and other necessary expenditure
• special circumstances that make it difficult for the claimant to move/live elsewhere
• future job prospects
• the funds available in the DHP fund.

The DHP application may also be considered in conjunction with guidance contained within the Department for Work and Pensions Discretionary Housing Payments: Best Practice Guide (Appendix B).

Once the assessment officer has reviewed the application and any supporting documentation, a spreadsheet is completed (Appendix C) as is the case for all DHP decisions. This details the applicant’s income, the expenditure they have stated, and a calculation showing any shortfall in income they have. It also gives any other reason they require a DHP along with the decision to pay or not made by the assessment officer.

Once this spreadsheet has been completed by the assessment officer, the DHP application and decision is discussed by the officer and a Benefits Team Leader. Once the decision has been agreed, the Team Leader provides their authorisation and this is noted on the spreadsheet.

Applicants will be notified in writing of the outcome of their application and the Housing Benefit payment will include any DHP amount awarded, thus ensuring no more than the eligible rent or Council Tax is paid.

There are no formal rights of appeal against decisions in relation to DHPs but where a review of the decision is requested, arrangements will be made for considerations to be heard by a panel of revenues and benefits managers. This will ensure consistent decision across the area offices.

If DHP is overpaid it will be recovered by raising an invoice from the Council’s debtor system.

Finally, an additional spreadsheet is kept (Appendix D), which lists each application received by financial year with the outcome and reason for the decision.

The DHP application is then stored on the appropriate revenues and benefits document management system and the spreadsheets mentioned above are kept in one location for appropriate officers to view as and when required.

Last updated: 27 January 2011