Council Tax & Housing Benefit

1. Background

The Government introduced ‘Discretionary Housing Payments' in July 2001. These enabled local authorities to provide additional financial assistance to claimants with their housing costs.

The legislation that governs these payments is:

• The Child Support, Pensions and Social Security Act 2000
• The Discretionary Financial Assistance Regulations 2001

Discretionary housing payments are not awards of Housing Benefit or Council Tax Benefit but they can only be awarded if the claimant receives either or both of these benefits.

2. Strategy

The Department of Social Security's guidance states that there are no prescribed tests of exception in the award of a discretionary housing payment (DHP). The only direct guidance issued about granting a payment is that local authorities need to be satisfied that a claimant is in need of further financial assistance with their housing costs.

3. DHP Policy Aims

To ensure that discretionary housing payments contribute to the Council's aims and objectives for the District's development and promote social inclusion for all Dover District Council residents while not subsidising poor accommodation.

To facilitate a DHP awarding body, providing a holistic approach to addressing financial difficulties by utilising a broad range of expertise within the Council and the wider community.

4. Policy Objectives

The Council has adopted the following policy objectives for the award of discretionary housing payments. These are linked to the Council's corporate aims and objectives

• To encourage social inclusion by ensuring that disadvantaged claimants are able to afford to live in communities that provide support to enable the claimant to contribute to the District.
• To ensure that claimants receive support to move into longer-term housing of a good standard of repair. This will include property supported by the Rent Deposit Scheme
• To ensure the maximum available transitional support for housing costs when claimants, or their non-dependants, obtain employment.
• To generally encourage benefit claimants to take up employment where possible and retain homes of a good standard.
• To provide support to encourage occupation of registered houses of multiple occupation.
• To ensure that no claimant suffers any undue disadvantage resulting from circumstances over which they have no control.
• To address the problem of debt through advice, guidance and support as part of an agreed debt reduction plan.
• To maximise income using the expertise of the Council's welfare take-up officer.

5. Decision Making

• All requests for a DHP will be made on the approved form
  
  
• Requests will be considered by a DHP board consisting of
  • A Quality Assurance (QA) Officer
  • The Welfare Liaison and Take-Up Officer
  • The Corporate Debt Co-ordinator
    
    Customers will be referred to external agencies, for example, debt counselling, care and repair and Housing, if underlying problems are not going to be completely resolved by the award of a DHP.
    
    
• Based on a customer's holistic requirements the board will then consider the award of a DHP based on the Council's corporate objectives. All decisions will be made within 28 days of the original application.
  
  
• The amount of award and the period of payment will be determined by a majority within the board, but based on the expectation that the customer will pursue the options for long-term assistance that have been suggested.
  
  
• The awards will be the responsibility of, and administered by, the QA Team and the QA officer will have a casting vote within the board if necessary.. The team will monitor the budget to ensure the funds are fully utilised during the financial year.
  
  
• Award notices will be clearly set out in plain English. The notice will provide information covering:
  • The income and expenditure used
  • The maximum award that could be made
  • The award that has been made, and the period from and to
  • Appeal opportunities, including a requirement for the customer to make it clear the actual amount and period they want for the award.
  • The reasons why the award is, or isn't, made

6. Appeals

All decisions about discretionary housing payments can be open to review, but there is no statutory appeals process.

If a customer disagrees with a DHP decision there will be a two- stage review.

Stage 1 - The case will be reviewed by the Benefits Manager, who will be able to uphold or amend.

Stage 2 - If the Benefits Manager upholds the original decision, the case will be passed to the Head of Revenues and Benefits and Portfolio holder for final consideration. (Any decisions that require additional budget will be confirmed only with the agreement of the Corporate Resources Portfolio Holder and Council's Financial Officer).

Stage 3 - Customers will be able to use the Council's Corporate Complaints System if they disagree with the process and ultimately they could request a Judicial Review of any decision made.

Publicity

The Council will publicise the existence of the Discretionary Housing Payment Scheme through posters, general information leaflets and paragraphs included within letters telling claimants about their standard benefit awards.

Comprehensive details of the scheme will be provided to Advice Agencies and training offered to support this.

Publicity will include information about the existence of the scheme and the outline criteria that the Council will consider when considering claims. This will promote the overall aim of linking the scheme to the Council's vision.

Please click here for an application form and guidance

 

E-mail: revenues@dover.gov.uk