British Lung Foundation
33,687 members41,177 posts

Disability Living Allowance

Having recently (JUNE) been finally awarded my DLA,I have now been informed by our local council that they are claiming my care allowance towards my Housing Benefit.

It seems that this money is to help pay my rent.

There is absolutely no point in going through the stress of claiming any benefits,if the council simply reduce my discretionary housing benefit by exactly the same amount.

I had no idea that this would be the case,or I would never have applied for it.

Being Disabled really has made me a non class resident in this country.

You are forced to justify your existance to the DWP only to have anything they award you taken away.

I absolutely give up even trying to exist anymore,and am having to seriously consider if life is worth living anymore.

Sorry to sound so P***ed off ,but not sure how much more of a kicking I want to be subjected to by the state.


30 Replies

Are you sure you mean disability allowance help towards your mobility and care needs because councils are not allowed too take that in to consideration when calculating your rent

Do not give in take care

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Seems that my care component of Disability Living Allowance can be deducted quite legally from "Discretionary Housing Benefit"

The light at the end of a two year battle was the local councils torch.

They were bricking up the bloody tunnel.

No more Hospital or doctors visits. and Pulmonary Rehab and Diabetes awareness clinics.

I can go if I dont eat on the days I should attend,and use the money for petrol for the car and parking.

This country really doesnt care if disabled people live or die.

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I would contact BLF they will help i have been proved wrong about councils taking DLA into account regarding rent dont know what council you are with but they sound like rubbish

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This is Bolton Council,and after speaking to my MP it seems they can do so.

Anyone that lives in social housing needs to be aware that any award for DLA can and will be used in calculating any discretionary housing payment.

Given with one hand and stolen from you while they congratulate you on your award.

It really is time to turn out the light and put up the "Gone Fishin" sign


Hi Pete wonder when the rules changed i just remember my late husband helping someone to fill in a form and it stating DLA would not be taken into can it help your care needs if they take it into account for social housing rent .I suppose i am lucky i own my own house so get to keep all my DLA


Hi Pete,

What a kick in the teeth. Can CAB give you some advice based on your circumstances? It would probably be worth contacting the BLF for advice too, you don't have to pay for the call.

I'm sure someone who has been through similar will reply to you soon.

Hang on in there.



This may be a case for High court and European High Court .... its surely must be contravening Disability Act, Eual Opportunities Act etc etc.


It is correct it only applies to discretionary housing benefit, and not to normal housing benefit or council tax, also applies to care home fees.

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Thank you Stone,just wish someone had told me this before I applied for DLA.

Looks like all the doom and gloom sayers were in fact 100% correct.

This government does not want anyone disabled to survive, and are at this very moment making plans to make sure they dont.

Time has definitely arrived to throw in the towel and roll over and die.

I am beaten and have no wish to continue to try and exist.

The government has beaten me into submission and hold no hope or will to carry on fighting.


I am truly shocked by your post Pete. I feel you need an expert in benefits and allowances for some advice, rather than your MP. You might want to contact BLF, Welfare Rights, CB or DIAL.

Good luck and I truly hope this turns out to be an incorrect decision by your council.

Love cx


Hi Pete Phone the BLF Helpline on 03000 030 555 and ask them to call you back. They will have all the advice to hand or be able to point you in the right direction.



Having checked with the DWP and several others that have been suggested,it seems it is quite right for them to use my DLA money.

Maybe I should recommend "Arbeit macht frei" as the slogan to best describe the present government.

Having had the telephone turned off and sold everything we could (including our wedding rings.

I have given up hope of being allowed to be disabled and have health problems.

I can see no future for me anymore,other than becoming a beggar on the streets.

I shall save the last vestiges of my pride in knowing, I worked hard and paid a considerable amount into the system.

Only to see it fail when I actually needed help to stay alive.

I only hope my grand kids manage to leave this god forsaken country, that treats its disabled people with utter contempt and disdain.

I shall comment no more and thank those that have posted for their help.


Peter, I am fortunate that I do not need to apply for DLA. The point you make about

"had I known in the first place you would not have bothered" is extremely important.

I have read numerous posts on the sheer exhaustion of going through the hugely

difficult process of applying, let alone being finally awarded DLA. Then to discover it is of no net financial benefit to you, would make me furious and very frustrated.

It seems an incredibly unfair, cruel and sadistic way of treating people who are not very

well and need a bit more financial assistance than healthy people. The Whitehall

mandarins who dream up these rules should be ashamed of themselves as should Bolton council for applying them, after all they do not have to. Your MP should be fighting your case. I am sorry ...Adrian

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- Sorry to be Political, but this is what happens when a country is being run/ ruined, by MULTI MILLIONAIRES - who clearly have no concept whatsoever about "Living " under their cruel policies or for the Disabled- all of the Government have admitted ( when challenged) that they go PRIVATE when needing medical attention , and we Tax payers subsidise ALL MPs in every aspect of their lives , so "Being short of money " IS ANOTHER LANGUAGE TO THEM. - all we can do is give them OUR DIAGNOSIS IN ABOUT 92 WEEKS TIME at the next General Election - hang on in there folks - wer'e not beaten yet !! - Good Luck .....


Could not agree with you more Vittorio Any politician under the age of 60, is a career politician, most privately educated and Oxbridge who decided politics was a nice earner ... well they weren't wrong there were they.? ... conviction politics? ... long gone... And applies to all parties.

I find it very hard to tell what party a quote is from ... tho I will hold out for labour, tho neither my hopes nor expectation are high

The welfare state,NHS and state education are for the chop I think and the only difference will be how much by



Vittorio, no need to apologise for being political, I certainly am. Not overtly but I am without doubt. As you know In today's world

it surely must be impossible not to be so, as many financial/welfare issues are determined by our elected governments.

I usually enjoy political debates but I think this is the wrong forum

Bet Regards. Adrian

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The politicians dont care about anyone.They all gone on holiday for 2 months next week.

Then they will all come back and get very drunk in the subsidised bar (£7 million) last year.

The next politician to knock on my door will become a MARTYR to his or her party.

I would be better off in Prison and would have far more rights as well.

Praying my next heart attack happens at night so I can end all this frustration and worry.


Pete 1958, oh how I sympathize with you but that doesn't help your situation does it?You are caught in the latest catch 22 rule. The word discretionary basically gives your local authority the means to legally treat your income in what ever way they decide in simple layman's terms.Discretionary rules as you have found out can be most unfair, unequal and sole destroying.But do not give up discretionary rules can be used for your advantage too. DLA is to help with mobility and care needs not to pay rent. I would ask someone with more knowledge to test if this is illegal on disability discrimination grounds. Too complicated to explain here but simply you are being treated less favorably than other claimants receiving DLA in respect of your rent assessment.Hope this helps you consider taking things further


Good point katie. cx


I shall seek legal advice on the discrimination path and let you know how it works out.

I am pretty certain Adolf Cameron will have already thought of this though.


Yes I am sure the powers that be will have some answer, but we the disabled must try to stop this indirect discrimination as it is called.I have come across another anomaly in local government assessment, where the rules contradict themselves, it took about three years to convince the local office staff that I was correct, however the assessments are still done the same the individual has to challenge it themselves and have your personal case reviewed. Mine was the rate rebate system.Good luck

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So sorry to hear of all the problems you've been going through. My thoughts are that you could try disability rights. I'm sure they can help. This is disgraceful and the people/ voters of this country should be aware of these things. Please don't give up yet. We are all here to help. Good luck my friend.


I am completely shocked at this Pete. I thought that no one could touch DLA but it appears the rules have changed again. It is criminal and I am furious that they have treated you like this! They are trying to kill off all people with a disability. Don't let them win though Pete - they don't want us to live so do it just to spite them...

Bev x


Something wrong there. Your council is wrong. DLA care and mobility is exempt from being calculated in this benefit. Contact the CAB or Age concern and they will put it right.

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Hi Pete, under the government rules and regulations for administering disc house ben, section 3.9 states that the housing benefit can still be paid.

3.9 For example, you may decide to disregard income from disability related benefits as they are intended to be used to help pay for the extra costs of disability. You may also want to bear in mind that such money might be committed to other liabilities for which the money was intended, such as Motability schemes or provision of care.

This is text from the government manual. Do not give up. Appeal their decision and if necessary call the CAB.

All the best, Larry.

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Hi again pete, You cannot appeal the decision but you can dispute it. This makes them re assess the decision.


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Have disputed the decision on the grounds they have used.

My claim was made in March and I only got my DLA in June.

Town hall scum that should never even be allowed to walk on the same side of the street as normal people.

Just hope we manage to win tonight's £60 million as the daughter has bought us a ticket.

I know what I shall spend the first £10 million on,just need to find a hit man.


hi pete1958,in case u win u want my address lol.ur rite bout councils though all the same,hear in Oldham lad of a manager came round 3week ago,said why are u not payin bills by direct debit water ect,i said cs im not ,didn't no there on a commission if we sign up,he forgot tell me that ,my eldest girl told me,money grabbers,tld him bout nxt drs trees all over my fence ,oh yes is that why its dark in ur kitchen,yes need lite on all day,oh well he said never mind,so law for 1 an not the other,eh,take care


You DLA is a non taxable benefit to help you to buy stuff you need to help your disability. It is to pay for transport, tools to help you like new showers and other aids, and the Council is NOT allowed to touch it or penalise you in any way. Call your local CAB for help or a benefits adviser. This is NOT ON!!!!!


Oh Pete I can't believe that the council has gotten away with treating you so badly. I hope this gets sorted out soon.

I asked my people at work and they told me your DLA cannot be taken into account when claiming any other benefits They should be read the disability act as well as the riot act


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