R (on the application of Hardy) v Sandwell Metropolitan Borough Council (Zacchaeus 2000 Trust intervening)

Social security – Housing benefit. The claimant sought judicial review of the defendant local authority's decision to include the care component of his disability living allowance (DLAc) in calculating his income for the purposes of assessing a discretionary house payment. The Administrative Court, in allowing the application, held that the authority's policy of always taking into account DLAc as income when assessing awards of discretionary house payment was unlawful, as it failed to consider the Department of Work and Pensions' guidance. Further, it amounted to discrimination, contrary to art 14 of the European Convention on Human Rights and s 29(6) of the Equality Act 2010.

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