The applicant was an assured tenant receiving housing benefits. Her rent was increased to a level above what would normally be covered by benefits. She failed to notify the local authority. The court was asked whether local authorities may exercise their power to make Discretionary Housing Payments (DHPs) by paying arrears of rent, if the applicant is currently in receipt of full housing benefit and council tax benefit. The respondent council said it had no discretion to make such a payment.
Held: The tenant’s appeal succeeded. The regulations did not impose the limit contended for by the Council. The cap on payments applied only by reference to payments in Regulation 12(1) of the 2006 regulations.
Mummery LJ, Wall LJ, Toulson LJ
[2008] EWCA Civ 1450
Bailii, Times
Discretionary Financial Assistance Regulations 2001 2 3, Child Support, Pensions and Social Security Act 2000 69, Housing Benefit Regulations 2006 12(1)
England and Wales
Citing:
Appeal from – Gargett, Regina (on the Application of) v London Borough of Lambeth Admn 8-Apr-2008
The tenant applicant said that the authority had a power to make a discretionary housing payment to cover arrears of rent incurred after an increase. . .
Lists of cited by and citing cases may be incomplete.
Benefits, Housing
Updated: 01 November 2021; Ref: scu.278949
