Hi, my name is Bluebear11! joined for some advice re discretionary housing payments

Bluebear11

Hello, I have just joined for some advice re discretionary housing payments and if anyone has been told to either move or use their PIP to pay the shortfall.  I am currently receiving cancer treatment for Myeloma and have osteoporosis of the spine resulting in a collapsed back of 15 vertebrae causing kyphosis of the spine.  I also had Sepsis last year which has delayed my recovery. My local council has paid it for the last 12 months but now they are refusing to pay anymore. 

poppy123456

A DHP is exactly that "discretionary" so there's never any guarantee that you'll be awarded anything. If you are then it's only ever for a short period of time before you need to reapply. See link. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1080049/discretionary-housing-payments-guide.pdf The following was taken from that link.

 When deciding how to treat income from disability-related benefits such as
Disability Living Allowance (DLA) or the Personal Independence Payment
(PIP), LAs must have regard to the decision of the High Court in R v.
Sandwell MBC, ex parte Hardy. This decision places an obligation on LAs to
consider each DHP application on a case-by-case basis having regard to
each component of the benefits in payment, the purpose of those disability
related benefits and whether the money from those benefits has been
committed to other liabilities associated with disability. See Annex C – Legal
considerations for more information.

Bluebear11

Hi Poppy I have already been through this and been sent it by the council.  Regardless whether or not it is discretionary I am unable to move house and now because they have left their response to me so late I am now in arrears.  I need my PIP for my health and wellbeing needs.  I did not deliberately put myself in this position and I have already referred to Item 10 in the ruling you have provided. It is really upsetting and stressful to be told I need to move house when I can hardly walk and my quality of life has been significantly reduced due to the cancer and my osteoporosis in the spine.  I don't even leave my house without a dosset box and a walking stick I take that many tablets just to be able to move about.  I don't find your response very helpful either. Sue

poppy123456

I'm sorry you didn't find my response helpful. Unfortunately, i can't please everyone! You can ask your local Authority to review that decision. Someone will then take another look and contact you once the decision is made.

There's no right of appeal to a DHP. See link. https://www.turn2us.org.uk/Benefit-guides/Discretionary-Housing-Payment/How-do-I-challenge-a-Discretionary-Housing-Payment

Hannah_Alumni

@bluebear11 Welcome to the community!  

I wanted to comment as I can see you have been through so much. I am so sorry to hear about your diagnosis. Can I ask, do you have support around you? 

It may be worth reaching out to your Local MP or attending one of their surgery days if able, incase there are any local charities or organisations that may be able to help you with the arrears. I would also encourage you to have a look at a benefits calculator, to see if there is anything else you can claim to help. 

calcotti

Bluebear11 said:

 I don't find your response very helpful either. Sue

Poppy has made an effort to try and assistance. She was posting information that  might help you. She obviously doesn't know what you already know nor what you have already done. There is no need to be rude to her.

Your situation is bad but unfortunately the local authority Is not obliged to provide another DHP. There is no right of appeal but you could, give you wish, write to them and ask them to review their decision (which perhaps you have already done).

poppy123456

Thanks Calcotti, I really appreciate that!