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Thread: DLA and means tested budgeting

  1. #1
    Moody
    Guest

    Unhappy DLA and means tested budgeting

    Been a while since I posted as things have been at a plateau for a while.

    However recent activities have been frustrating. Our local accessible homes re-assessed the housing association property we were renting due to deterioration in my condition and increasing difficulties. It was decided I need a single floor property with wet room and level access from outside and was placed on the re-housing list and bid for properties weekly for about a year. Suddenly, afeter making a written complaint about how long the process was taking, a property was brought to our attention. We viewed it and it was ideal but were told we had to accept it quickly or lose it. Consequently we found ourselves, for reasons beyond our control, renting 2 properties for just less than a month having given the required 4 weeks notice on the old property.

    Housing benefit was paid for one property leaving us owing 4 weeks rent on the other. Being unable to miracle up several hundred £'s to pay this "debt", especially having just spent every last penny we had on removal company, curtains and relocating carpets we pleaded for leniency. Our income is CA, IS, ESA and DLA and a draft montly expenditure was constructed. On paper the disposable income after expenses was almost £40 per week according to the housing benefits team so they demanded a repayment of £5 per week on the "debt"

    However this "disposable income" is my DLA which I recieve for higher rate care and higher rate mobility (after my motablity car payment deducted).

    Is it legal totake my DLA into consideration in this matter?
    Last edited by Moody; 19-02-15 at 11:22.

  2. #2
    Senior Member
    Join Date
    Dec 2014
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    177
    ALL your income is counted. DLA is also income. No matter what the name of the benefit is called, it is all treated as income.

  3. #3
    Senior Member
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    Quote Originally Posted by toolook View Post
    ALL your income is counted. DLA is also income. No matter what the name of the benefit is called, it is all treated as income.
    I believe some Local Authorities do not count DLA as disposable income for such purposes whilst others do. I believe there is currently a test case going on in the Courts regarding this very issue, as far as I'm aware the judgement is being eagerly awaited by all.

    As an aside, why don't you apply for help through your Local Council Financial Assistance Scheme; these localised support schemes replaced the Community Care Grants and Crisis Loans abolished by the Conservatives and Liberal Democrats a couple of years ago.

    Buster

  4. #4
    DLA is to help with the extra expenses of having a disability. The taxman does not touch it, however large your income is. a Court wouldn't include it in your income, the DWP don't include it when working out income based entitlement (in fact they give your more money in some circumstances because you get DLA)

    You don't have to declare it as income, but if you do, you state that it is given for disability not to pay debts. Nor do you tell them what you spend it on, that is your business not theirs.

    I am having this same problem with my mortgage provider and southern water. in the case of my mortgage, they say its up to me, pay full amount of lose my home, so I have to pay, but southern water and anyone else be they local authority or anyone you owe money to, know that DLA doesn't count as income and mostly are trying it on, bullying people into paying who don't know any different.

  5. #5
    Moody
    Guest
    Thanks all. I was of the opinion DLA cant be considered as income too but I've seen conflicting opinions just as have received here. I'm not really any wiser.

  6. #6
    Senior Member
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    Dla is not a means tested income no council treat it as income

  7. #7
    Senior Member
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    Quote Originally Posted by Blastoff View Post
    Dla is not a means tested income no council treat it as income
    Obviously, the OP's council do. Each council has its own rules.

  8. #8
    Moody
    Guest
    NOT TRUE

    I asked for my local autority policy and this is extracted from the document provided. I our case DLA for care is taken as income

    Screenshot_1.jpg

  9. #9
    Senior Member deebee's Avatar
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    when working out housing benefit, councils dont take dla into account,however, when working out discretionary payments it varies from borough to to borough, mine do.

  10. #10
    Senior Member
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    Payments from DLA/PIP are to enable the person to manage more independently and with making life a little easier to make up for the the individual's disabilities....it's not classed as income like ESA/IB however the care component may be used for payments towards extra help at home from the local council which is why they ask for award letter's....not sure about different parts of the country but over 65s receive free home care where under 65s usually have to forfeit there care component to help pay for homecare

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