Difficulty Paying

If you are in receipt of Housing Benefit and/or Council Tax Benefit and you are experiencing difficulty in meeting your housing and council tax liability you may be entitled to Discretionary Housing Payments.

Discretionary Housing Payments are not payments of benefit. The Discretionary Financial Assistance Regulations 2001 provides the Council with an annual cash limited scheme which enables us to help claimants who in our opinion require further finanical assistance with their housing and council tax liablility. Discretionary Housing Payments are only available for housing and council tax arising after 1st July 2001.

Entitlement to Discretionary Housing Payments

Will I be entitled to Discretionary Housing Payments?

Each claim made for Discretionary Housing Payments will be decided on its own merits and according to the individual circumstances of the claim.

The regulations provide the Council with basic requirements that a claimant must meet before their claim may be considered. In addition the Council will use its discretion in deciding whether payments should be made.

What are the basic requirements in order for my claim to be considered?

You must be entitled to Housing Benefit and / or Council Tax Benefit
There must be a shortfall between your liability to pay rent and/or council tax and the maximum amount of benefit that you can be awarded.

The shortfall between your weekly rent liability and the maximum weekly housing benefit you could be awarded must be greater than £10.00 per week.

The shortfall between your weekly council tax liability and weekly benefit award must be greater than £2.50 per week.

The £10.00 and £2.50 shortfall figures mentioned above are laid down in the Discretionary Housing Payment Policies approved by the Benefits Policy Board.

Other Factors and Restrictions

In addition to the basic requirements what other factors will the Council consider in making their decision?

You must be experiencing financial hardship.

This may be of a temporary or permanent nature. You will be asked to provide evidence of your expenditure to prove this.

In addition to financial hardship you must also be experiencing at least one other difficulty that would contribute to your inability to meet your housing costs.

Listed below are some examples of the types of difficulties that may be considered. This list is by no means exhaustive.

You or a member of your close family may be suffering from an illness
You may be in debt and have a poor credit rating
Disability
You may be awaiting a decision on entitlement to a state benefit
You are awaiting a decision on more suitable accommodation

Are there any conditions or restrictions where Discretionary Housing Payments cannot be made?

When the Council calculates a possible entitlement to Discretionary Housing Payments the following elements of your rent / council tax will not be considered:

Ineligible rent service charges
Increases in your rent due to outstanding rent arrears
Charges for water, sewerage or other environmental services

If you are in receipt of Alternative Maximum Council Tax Benefit also known as Second Adult Rebate you will not be considered for Discretionary Housing Payments.

Sanctions of Benefit

Where certain sanctions of benefit have been applied the Council will ignore the sanctioned amount as if it had not been made.

Where benefit has been suspended in relation to Housing Benefit and Council Tax Benefit the Council will consider the suspensions are not being made.

Single Benefits

If you are entitled to Housing Benefit but are not entitled to Council Tax Benefit the Council cannot take into account any financial assistance that you may require with your Council Tax. The same principle applies if you are entitled to Council Tax Benefit but not Housing Benefit.

Making a Claim

Who can claim?

The person who is entitled to Housing Benefit and / or Council Tax Benefit should claim.

However an appointee or someone acting on your behalf may also apply if this is considered necessary.

How do I claim?

You must complete the application form Application for Discretionary Housing Payments, which can be obtained from your local Benefit office.

Your claim form must be returned to the office that handles your Housing Benefit and Council Tax Benefit claim.

About the Claim Form

In order for the Council to decide whether or not you may receive Discretionary Housing Payments you must provide the information requested in the claim form.

You will be asked to provide information relating to your weekly / monthly expenses.

You will also be asked to provide information on other reasons as to why you feel you are having difficulty in meeting your rent or council tax liability.

The Council may write to you again if further information is required to substantiate your claim. If you fail to provide the requested information the Council will be unable to make a decision.

If you are having difficulties in supplying the requested information you should contact your Benefit office for advice and assistance.

Time Limits

You can apply at any time and there are no prescribed time limits when the Discretionary Housing Payments should start and end.

What Happens Next?

When the Benefit office has received your claim and it has been assessed you will be notified in writing of the decision.

The decision letter will tell you if your application has been successful or unsuccessful.

It will also tell you how much Discretionary Housing Payment you are entitled to and for how long the payment will be made.

If you require further information or you are unsure about the decision you should contact the Benefit office dealing with your claim.

How will I receive my Discretionary Housing Payments?

Whilst Discretionary Housing Payments are not payments of Benefit they will be paid in the same means and frequency as your existing Housing Benefit and / or Council Tax Benefit entitlement.

Calculating the Payments

Council Tax Benefit

If your property is in Band F, G or H but your benefit entitlement is calculated on the Band E equivalent there will be a shortfall between your weekly council tax liability and the maximum weekly Council Tax Benefit entitlement you can be awarded.

This shortfall will be the maximum weekly Discretionary Housing Payment you could be awarded.

If your entitlement to Council Tax Benefit has been reduced by a non-dependent deduction then the maximum Discretionary Housing Payment that could be awarded would be the amount of the non-dependent deduction.

However in both cases outlined above the shortfall must be greater than £2.50 per week.

Housing Benefit - Rent Rebate Local Authority

If your entitlement to Housing Benefit has been reduced by a non-dependent deduction then the maximum Discretionary Housing Payment that could be awarded would be the amount of the non-dependent deduction.

Housing Benefit - Rent Allowance Private Sector Housing

If your maximum eligible rent for Housing Benefit purposes is less than your weekly contractual rent as a result of a rent restriction by the Rent Officer, then the maximum weekly Discretionary Housing Payment that can be awarded is the amount of this restriction, less any ineligible services.

However in both cases outlined above the shortfall must be greater than £10.00.