a fairly simple one hopefully

i have a client who has an overpayment of HB deducted from her ongoing payments. she claims income support and has a serious multiple debt problem

i requested a DHP form so that i could apply to get the deducted O/P recovery paid via DHP to free her op some money to pay bailiffs etc

im sure ive done this successfully in the past, but HB state that they will not pay a DHP for such a purpose and so wont send a form to my client. i certainly cant find anything in cpag or similar that says DHPs cant be awarded for a overpayment deduction

am i mistaken?

many thanks

It isn't specifically excluded in the regulations either so a refusal to let him make a claim would appear to be unlawful.

The reasons on the face of the decision refusing a claim would be interesting as I would place a bet that the LA would not have execrised their discretion properly.

well theyve now agreed to send a claim form out so i think that shows they may have been mistaken with their intitial assertion

thanks

I cant see the point of asking for a DHP to offset the recovery of an overpayment.

DHP's are cash limited, while recovery of an overpayment is left to the Council's discretion. There may be subsidy implications, but the choice is with the Council whereas once the DHP budget is spent its gone.

Why not just ask the Council to use its discretion not to recover

Why not do both?

Apply for a DHP and if refused (say for cash limit reasons) - then ask for discretion not to recover (hardship proof will already have been given with DHP app)

Gives 2 bites at the cherry.