Disability living allowance can be treated as income when
calculating rent, a high court judge ruled last week.
Mr Justice Richards rejected a claim by a disabled mother and
her daughter that the care component of their disability living
allowance should be disregarded as income, and so could not be used
to make up rent. They were challenging a decision by the housing
benefit review board, which had refused them a discretionary award
to make up a shortfall in their rent.
The claimants argued that the board should have ring-fenced the
The judge said that although the Social Security Contributions
and Benefits Act 1992 made provision for ring-fencing the mobility
component of disability living allowance, this was not the case for
the care component.