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This case, concerning whether a claimant can be entitled to a discretionary housing payment (DHP) for previous rent arrears if they are currently in receipt of maximum housing benefit and council tax benefit, was heard in the High Court as Gargett, R (on the application of) v London Borough of Lambeth [2008] EWHC 663 (Admin) .
The court dismissed the claimant's application for judicial review and held that regulation 4 of the Discretionary Financial Assistance Regulations 2001 did not allow a DHP to exceed a claimant's 'eligible rent'.
The Court of Appeal in Gargett, R (on the application of) v London Borough of Lambeth [2008] EWCA Civ 1450 reversed the High Court decision in relation to rent arrears. It stated that regulation 4 does not prevent the Council from exercising its discretion to make DHPs for past housing costs (such as arrears of rent) on the ground that the applicant is currently receiving full housing benefit.
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