DHP: Childs DLA included in income?

[justmum80]

If you can get this then this is a good thing for you because it will mean that the extra room is automatically awarded within your room assessment meaning that you will be entitled to the 3 bedroom rate of LHA. This may come under review from time to time but would remove the need to jump through hoops for DHP's

As for seeing that the bedroom qualifies, what they are looking for is "A bed in the bedroom that would enable the room to be used for an overnight carer". What they don't want to see is a room packed full of junk that is being used for storage or an office. They want to satisfy themselves that someone outside of the family could spend the night there



This is a standard thing. Discretionary housing payments come out of other funding that is available to the council and is not awarded from the money allocated specifically to paying Housing Benefit. For this reason, if you are awarded an extra room in your assessment and it is backdated then two things happen.

1. Your housing benefit award is automatically updated to the 3 bedroom rate which means that you receive the 3 bed rate from the date of the backdate. This will mean that there will be an underpayment of benefit on your claim which will be released on calculation to your bank account, assuming you are the person paid on the claim.
2. The amount of the DHP that was paid plus your increased entitlement will take your housing benefit payment over the amount of the housing benefit that you are allowed to receive under the LHA regulations. This is why the DHP has to be cancelled

Local authorities are not allowed to offset DHP Overpayments against Underpayments on claims, so if you have for example £200 DHP overpayment and -£200 underpayment because of the extra room being awarded they cannot just offset one against the other even though it makes sense to do so. They have to invoice the overpaid DHP

So..... If you do get an extra room awarded, don't spend the money. Wait until the invoice arrives and pay it in full. Job done, no overpayment.

That is really helpful, thank you Wylerose, I understand now.

I have two Ladies coming to my home on Wednesday 30th to see the bedroom. I am still waiting to hear back from the Doctor about the note. I will try to chase him up before Wednesday so that it's all done and dusted by then.

[justmum80]

Big Update:

They have now updated my claim to the 3 bedroom rate.

Thank you so much to all of you who helped me with this. This has made such a huge difference to my and my Little Boy and I couldn't have done it without Legal Beagles.

I am so grateful to you all <3

[Amethyst]

That's great news, well done

Wylderose

[Wylderose]

Glad to see you have succeeded at last. Good luck