Appendix B
R v. LB Lambeth, ex parte Gargett
The Court of Appeal's decision in 'R v. LB Lambeth, ex parte Gargett' sets out that any HB already paid towards 'housing costs' must be deducted when calculating the amount of a Housing Payment to avoid duplicate provision.
This case relates to rent arrears and specifically whether a DHP could be used to pay a lump sum towards rent arrears (the Court of Appeal found that a DHP could be used for this purpose). However, the case also discusses the issue of duplication of DHP and HB. In relation to preventing duplication of provision, part of the decision states 'housing benefits already paid for past housing costs must also be deducted. This is implicit in the purpose for which a DHP may be made. Otherwise, the applicant would be receiving a DHP for housing costs that have already been met by past payment of housing benefits. It would not be a case for a need for 'further' financial assistance to meet 'housing costs'.
The case does not prevent the use of a Housing Payment for rent in advance but indicates that when making such a decision on whether a Housing Payment can be applied, you may consider whether there is likely to be a duplication of payments for the initial part of the tenancy if the Housing Payment is made and if so, is there any means to avoid this.
If an LA decided that there is no way to avoid a duplication of the payment and the claimant is entitled to a Housing Payment in respect of housing costs (specifically a rent in advance payment), then the LA may still award a Housing Payment.
R v. Sandwell MBC, ex parte Hardy
When deciding how to treat income from disability-related benefits such as Disability Living Allowance or the Personal Independence Payment, LAs must have regard to the decision of the 'High Court in R v. Sandwell MBC, ex parte Hardy'.
This decision places an obligation on LAs to consider each DHP application on a case-by-case basis having regard to each component of the benefit, the purpose of those disability related benefits and whether the money from those benefits has been committed to other liabilities associated with disability.