How to claim Discretionary Housing Payments

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Download the Discretionary Housing Payment Claim Form [PDF, 44 Kb]

Further information

Making a claim for Discretionary Housing Payments (DHPs)

Please provide evidence or any relevant documents that you feel may support your request for the Discretionary Housing Payment award. When we receive your application we will write to you again if we need more information from you.

Please note that we are subject to a legal limit on the amount that can be paid in Discretionary Housing Payments. This means that there could be circumstances where we decide a payment should be made, but there is no money available to actually make the payment. We will review all awards on a regular basis to make sure that the objectives of the Discretionary Housing Payment Scheme are maintained.

We consider that the DHP scheme should be seen as a short-term emergency fund. It is not and should not be considered as a way round any current or future entitlement restrictions set out within the housing benefit and council tax benefit legislation.

A claim for DHP must be made in writing and signed by you (or the claimant if different). A letter or signed statement will be seen as sufficient, provided the following conditions are met:

• On request, or in appropriate circumstances,we will issue the claimant with a special DHP application form. This will be date stamped and will count as the date of claim. The claimant will be required to return the form to us within one month of its issue and will be encouraged to include any relevant supporting evidence.
• We may request any (reasonable) evidence in support of an application for a DHP.We will make such requests in writing. The claimant will be asked to provide the evidence within one month of such request, although this will be extended in appropriate circumstances.
• If the claimant is unable to or does not provide the required evidence,we will still consider the application and will in any event take into account any other available evidence including that held on the housing benefit file.
• We reserve the right to verify any information or evidence provided by the claimant in appropriate circumstances.

How long the payments will last for

In all cases we will decide the length of time for which a DHP will be awarded on the basis of the evidence supplied and the facts known. The start date of an award will normally be:

1. The Monday after the written claim for a DHP is received by the Benefits Service, or
2. The date on which the entitlement to housing benefit/council tax benefit commenced (providing the application for DHP is received within one calendar month of the claim for housing benefit/council tax benefit being decided), whichever is earlier, or the most appropriate. The Benefits section cannot award a DHP for any period outside an existing housing benefit/council tax benefit period granted under the housing benefit/council tax benefit statutory scheme.
3. The minimum period for which the Benefits Section will award a DHP is one week.
4. The Benefits Section will usually award a DHP for not less than 3 months.
5. The Benefits Section will not normally award a DHP for a period exceeding 12 months.
6. The benefits Section will consider any reasonable request for backdating an award of DHP but such consideration will be limited to the current financial year.

Awarding a DHP

In deciding whether to award a DHP the Benefits Section will take into account:

• The shortfall between housing benefit and council tax benefit and the liability;
• Any steps taken by the claimant to reduce their rental or council tax liability;
• The medical circumstances (i.e., ill health or disabilities) of the claimant, their
• Partner and any dependants and any other occupants of the claimant’s home;
• The income and expenditure of the claimant, their partner and any dependants;
• Or other occupants of the claimants home;
• Any savings or capital that might be held by the claimant or their family;
• The level of indebtedness of the claimant and their family;
• The exceptional nature of the claimant and their family’s circumstances;
• The amount available in the DHP budget at the time of the application;
• The possible impact on the Council of not making such an award (e.g.,The Pressure on priority homeless accommodation);
• Any other special circumstances brought to the attention of the Benefits Section.
• We will decide how much to award based on all of the circumstances. This may be an amount below the difference between the liability and the payment of housing benefit and/or council tax benefit. An award of a DHP does not guarantee that a further award will be made at a later date even if the claimant’s circumstances have not changed.

Changes of Circumstances

We may need to revise an award of a DHP where the claimant’s circumstances have materially changed.

Method of payment

We will decide the most appropriate person to pay based upon the circumstances of each case. This could include paying:

• The claimant;
• Their partner;
• An appointee;
• Their landlord (or an agent of the landlord), or;
• Any third party to whom it might be most appropriate to make payment.

We will pay an award of DHP by the most appropriate means available in each case. This could include payment:

• By electronic transfer (e.g. BACS), or;
• By crediting the claimant’s council tax account.

Payment frequency will normally be made in line with how the housing benefit and/or council tax are paid.

Notifying you of the decision on your claim

We will inform you in writing of the outcome of your application within 14 days of getting it. Where the application is unsuccessful we will set out the reasons why this decision was made and explain your right of appeal. Where the application is successful, we will advise:

• The weekly amount of DHP awarded;
• Whether it is paid in advance or in arrears;
• The period of the award (how long the payments will be made for);
• How, when and to whom the award will be paid;
• The requirement to report a change in circumstances.

The right to appeal

DHPs are not payments of housing benefit or council tax benefit and so are not subject to the statutory appeals process.

We operate the following policy to deal with appeals about a refusal to award a DHP, a decision to award a reduced amount of DHP, a decision not to backdate DHP or a decision that there has been an overpayment of DHP.

A claimant (or their appointee or agent) who disagrees with a DHP decision may dispute the decision. A request for an appeal shall be delivered in writing to us within one calendar month of the written decision about the DHP being issued to the claimant. Where this has not already been done we will explain the DHP decision to the claimant by telephone, at interview or in writing and will seek to resolve the matter. Where agreement cannot be reached, the Benefits Manager will review all the evidence held and will make a decision within 14 days of referral, or as soon as practically possible.

Where the Benefits Manager decides not to revise the original decision he/she will notify the claimant of their decision, in writing, setting out the reasons for their decision. This decision is final and binding and may only be challenged via the judicial review process or by complaint to the Local Government Ombudsman.

In exceptional circumstances only, all of the above time periods for appeal may be extended.

Unless a change in circumstances has occurred, the Benefits manager may not recommend a reduction in an award already notified.

Overpayments

We will seek to recover any DHP found to be overpaid. Normally this will involve sending an invoice to the claimant or the person to whom the award was paid. It is most unlikely that recovery of any overpayment caused by an ‘official error’ will be sought. Under no circumstances will recovery be made from any amounts of housing benefit and/or council tax benefit due to the claimant (except if the claimant requests this method of recovery specifically in writing). The decision letter that notifies an overpayment will also set out the right of appeal.

We will publicise the scheme and will work with all interested parties to achieve this. Information about the amount spent will not normally be made available except at the end of the financial year.

Fraud

We are committed to the fight against fraud in all its forms. A claimant who tries to fraudulently claim a DHP by falsely declaring their circumstances, providing a false statement or evidence in support of their application may have committed an offence under the Theft Act 1968. Where we suspect that such a fraud may have taken place, the matter will be investigated as appropriate and this may lead to criminal proceedings.