Fightback Discretionary Housing Payments, and DLA If you are in receipt of Disability Living Allowance should this count as income when considering if a Discretionary Housing Payments should be awarded or not? Specific reference is made to the mobility component as the following is said to apply: - Section 73(14) of the Social Security Contributions and Benefits Act 1992 provides that mobility component of DLA should not be taken into account as income “except in prescribed circumstances”. “A payment to or in respect of any person which is attributable to his entitlement to the mobility component, and the right to receive such a payment, shall (except in prescribed circumstances and for prescribed purposes) be disregarded in applying any enactment or instrument under which regard is to be had to a person’s means.” on its face the 1992 Act contains a general prohibition on taking the mobility into account unless the relevant legislation contains an express exception So you should quote this on the application, for the mobility component, as for the Care element, we suggest you incorporate it into your expenditure as the chances are it is likely to be taken into account. Michelle
Posted on: Sun, 26 Jan 2014 11:01:38 +0000
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