Discretionary Housing Payments
How we provide this service
Discretionary Housing payments are not payments of benefit; they are stand alone payments which the Council can make at its discretion provided funds are available. The law which allows us to make these payments is the Discretionary Financial Assistance regulations 2001 and is supported by Finance, Benefits and Revenues.
Discretionary Housing Payments may be used for:
- to make up the shortfall in eligible rent and or council tax liability
- where rent deposit and rent in advance payments need to be made for a property that a person is yet to move into, as long as they are in receipt of Housing Benefit for their current home
- where there is a shortfall in housing Benefit due to Rent Officer restrictions (excluding shortfalls due to ineligible services being included in the rent)
- where Local Housing Allowance does not meet the rent liability (after excluding ineligible services that may be included in the rent)
- where good practice guidance indicates that Discretionary Housing Payments may be appropriate
Discretionary Housing Payments will be used as a short term emergency fund to allow applicants time to reorganise their finances so they can afford their rent or to find cheaper accommodation.
Discretionary Housing Payments will not be awarded for:
- service or support charges that are ineligible for housing benefit
- any rent that you have to pay if you are only getting Council Tax Benefit or second adult rebate
- any council tax that you have to pay if you are only getting Housing Benefit
- increases in rent to cover rent arrears
- reductions in any benefit because your Job Seekers Allowance has been sanctioned, your child support has been sanctioned or any sanctions following certain benefit related offences.
- to pay your rent for any period when your housing benefit and/or council tax benefit is suspended
- shortfalls caused by overpayment recovery
Each year the Government grants the Council an amount of money to make Discretionary Housing Payments. Once this grant has been used we have the discretion to increase the amount of money we have available for Discretionary Housing Payments. If we do this, the council tax payer in the district has to foot the bill. Because of this and the limited money available we have a duty to act responsibly and we often have to make difficult and sometimes unpopular decisions to ensure that help is only given to those most in need of it.
Email: benefits@sholland.gov.uk
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Who can apply for a Discretionary Housing Payment?
Payments are purely discretionary; no-one has a statutory right to receive a Discretionary Housing Payment.
Claimants who are entitled to Housing Benefit and/or Council Tax Benefit can apply for a Discretionary Housing Payment, providing they can prove that they require some further financial assistance in order to meet their housing costs (eligible rent/council tax).
A Discretionary Housing Payment may be claimed by the person entitled to housing benefit and/or council tax benefit or a person acting on their behalf if this appears reasonable.
How to apply for a Discretionary Housing Payment.
To apply for a Discretionary Housing Payment you will need to complete a Discretionary Housing Payment form and an income and expenditure form. You will also need to provide evidence of your outgoings, for example utility bills, credit card bills, bank statements (this list is not exhaustive). These forms are available by clicking on the following links:
DHP application form (PDF)
Income and expenditure form (PDF)
Further Information on this service
Maximum amount of Discretionary Housing Payment and period of award.
The total weekly amount of Discretionary Housing Payments, taken together with the claimants award of housing benefit and or council tax benefit, must not exceed:
- the claimant's eligible rent calculated on a weekly basis
- the claimant's liability for council tax on a weekly basis
The Council will award Discretionary Housing Payments for 13 weeks or less although repeat, longer or open ended awards may be made if your circumstances are considered exceptional / appropriate provided funds are available.
Changes of circumstances and overpayments.
You are responsible for telling us about any changes to your circumstances which could affect your Discretionary Housing Payments. This is so that we can revise the decisions if necessary and appropriate.
If we identify an overpayment we will recover it from the person we paid it to unless it would be inappropriate to do so. We cannot recover overpaid Discretionary Housing Payments from ongoing benefit entitlements.
Disputing decisions.
Discretionary Housing Payment decisions do not carry the right of appeal to the Tribunal Service. If you disagree with a decision please contact us straight away for a full explanation. If, after this, you still disagree with the decision you can ask us to look at the decision again. This request must be made in writing within one month of the date of the letter advising you of the decision. You must tell us why you disagree with the decision.
Who can apply?
What we look at when making our decision.
When making a Discretionary Housing Payment decision each case is considered on its merit. We will consider:
- the amounts of household income, including savings and other capital holdings
- the amount of outgoings, looking at whether the customer is spending their money on priority outgoings and not things that they could do without.
- any unavoidable outgoings which may make it hard to meet housing costs
- the effect of awarding a Discretionary Housing Payment on the risk of eviction or homelessness
- the existence of any income disregarded for benefit purposes, having due regard to what that income is for and how it is being used
- any benefits not being claimed
- any alternative housing options
- any foreseeable changes in circumstances
- the length of time and amount of assistance required
- any relevant health considerations
- any likely or actual debt recovery action in relation to rent and / or council tax arrears
- any steps available or already taken by the person applying to help overcome their financial difficulties.
- any unintended discriminatory impact of legislation.
- whether the shortfall in your rent is caused because the property is larger than you need.
We have to be satisfied that the customer is having difficulty meeting their housing costs and they will only need additional help for a short period of time.
Contact Name for this service
Jo Shinkin
Telephone number for this service
01775 761161 extension 4539
Links to forms, leaflets and websites providing more information
Discretionary Housing Payment Policy (PDF)
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Contact Details
If you have any queries about the information provided above, or require further information, please contact Customer Services on 01775 761161 or email info@sholland.gov.uk.
