Panacean Payments: The Role of Discretionary Housing Payments in the Welfare Reform Agenda

Abstract

Since its introduction in 2001, the Local Authority administered Discretionary Housing Payments scheme has evolved from a small scale form of discretionary relief, to the principle exemption mechanism for many of the reforms stemming from the Welfare Reform Act 2012. Although their use was designed in part to provide flexibility and avoid the juridification of welfare reform agenda, the courts have gradually cast a role for these payments in the prevention of unlawful discrimination which is impossible for them to achieve in their current form. This paper examines the evolution of the judicial treatment of these payments and looks forward to how their future scrutiny may affect the legacy of the Coalition Government’s, and the future efficacy of the Conservative Government’s, welfare reform agendas.

Keywords: discretionary housing payments, social sector size criteria, bedroom tax, social security, austerity, social housing