PIP, DLA and AA
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Pip income and DHP

bash99bash99 Member Posts: 11 Listener
edited April 2020 in PIP, DLA and AA
HI, I hope everyone is okay! 
My friend has asked me to post this on her behalf. She has high rate on both parts of PIP, and she work part time. She is currently not at work due to the outbreak so she has applied for DHP threw her council. When she has been filling the form out it asked questions about her income and what she receives from pip. When she had a phone call from the council they said she is not eligible because she has a spare £250 to pay her rent, but she doesn't. It goes on her motabilty car. She explained this and they didn't care and still classed it as an income. She is receiving UC till she goes back to work, but they didn't count her PIP for her income. 
Are the council correct or should she appeal it?
Thank you in advance 🙂

Replies

  • bash99bash99 Member Posts: 11 Listener
    HI, I hope everyone is okay! 
    My friend has asked me to post this on her behalf. She has high rate on both parts of PIP, and she work part time. She is currently not at work due to the outbreak so she has applied for DHP threw her council. When she has been filling the form out it asked questions about her income and what she receives from pip. When she had a phone call from the council they said she is not eligible because she has a spare £250 to pay her rent, but she doesn't. It goes on her motabilty car. She explained this and they didn't care and still classed it as an income. She is receiving UC till she goes back to work, but they didn't count her PIP for her income. 
    Are the council correct or should she appeal it?
    Thank you in advance 🙂
  • Adrian_ScopeAdrian_Scope Testing Team, Community Team Posts: 7,940 Scope community team
    Hello @bash99. I've had a look at the DHP 'Guidance Manual' and it doesn't say PIP should be ignored BUT it does say this:

    5.11 When deciding how to treat income from disability-related benefits such as Disability Living Allowance (DLA) or the Personal Independence Payment (PIP), you 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 the purpose of those disability related benefits and whether the money from those benefits has been committed to other liabilities associated with disability. 
    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/827510/discretionary-housing-payments-guide.pdf

    I would say it's worth appealing and using the later part of this as the basis for your argument. 
    Senior Community Partner
    Scope

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  • MangyWolfMangyWolf Member - under moderation Posts: 42 Connected
    What you need to do in this case is when you apply for DHP, while you put your PIP as a source of income, you need to put the costs of the motability vehicle and other expenses as outgoings. They then factor in how much your incoming is vs outgoings. I tried applying for DHP about a month ago when my appeal was initially postponed but didn't even hear back. Unless the costs of her motability car were also listed as an outgoing, then I don't think an appeal would be successful.
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