Annex C of the Care and Support Statutory Guidance states a claim for Disability Related Expenditure (DRE) arises when there are: any heating costs, or metered costs of water, above the average levels for the area and housing typeSo, if an individual lives alone in a property, their disability requires that room temperature is maintained at a particular level and, as a result, an above average heating cost bill arises the excess can be claimed as DRE. However, our local authority’s policy is modified if the property has two or more occupants. Any above average heating costs are apportioned between each occupant on the basis that each occupant derives a benefit from the additional heating costs. If there is a family of three persons in the property one of whom is disabled and requires additional heating their DRE claim is one third of the excess above average heating levels.The authority’s policy seems questionable:

In so far as this is a question at all, regarding a discretionary evaluation that is in the hands of the financial assessor, subject only to the regulations regarding DRE and the Guidance, CASCAIDr thinks that a loose assumption will be made that the individual is only liable for a share of the bill, according to an equal split based on the number of occupants, so it is not going to be easy to challenge as unreasonable that their SHARE of the cost that should be discounted from their means is only THAT share, rather than their actual proportionate benefiting from it or need for it.  If the person was in fact paying one half of a bill generated by three people, because of their greater use of it, they would be able to show that that was the fact and insist on the council addressing the evidence that that was what was actually in payment.
This is not to say that assumptions about heating costs are not challengeable; the guidance from NAFAO about them and how average costs should be calculated is regarded as well overdue for reconsideration.

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