Disabled Couple Wins DHP DLA Case

Same Difference

Councils may have to review their emergency housing payment policies after a High Court ruled that routinely considering disability benefit when calculating discretionary housing payments is unlawful.

In a judgement published yesterday, the High Court quashed Sandwell Council’s decision to lower its discretionary housing payment (DHP) award to a bedroom-tax hit couple because they received disability living allowance (DLA).

In September 2013, the council granted a lower DHP award to disabled couple Michael and Jayne Hardy because it calculated their DLA as part of their income when they applied for help to cover the bedroom tax.

Mr and Mrs Hardy, who live in a three bedroomed specially adapted property, took a judicial review against the local authority in October 2013, arguing that its decision was discriminatory.

The judgement said: ‘The council’s policy of always taking into account DLA as income when assessing awards of DHP, as reflected…

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