Housing Benefit

• A benefit to help people on low income.

• It can be made in part or full payment depending on a person’s financial circumstances.

• Claims can be made online to the Department of Work and Pension (DWP) or at your local authority office.

• Tenants must be a permanent resident in the UK.

• Tenants are renting a property and he/she is liable to pay the rent to a landlord.

• Tenants are in receipt of a benefit (such as Pension Credit, (JSA), (ESA)) and are eligible to claim housing benefit.

• Eligible rent is defined as only the amount that the tenant pays to occupy their property. It does not include the costs associated with heating, food, lighting and service costs.

• The eligible rent is the amount that appears in the calculation of Housing Benefits and is called the Maximum Housing Benefit. This is worked out in differing ways depending on the type of tenancy.

• Housing Benefit will cover all of the eligible rent (subject to benefit cap restrictions) if a tenant is in receipt of the following:

• Income based Jobseeker’s Allowance.

• Income related Employment and Support Allowance.

• The Guarantee Credit element of Pension Credit.

• The first £6,000 of any investments or savings will not be taken into account when calculating entitlements to Housing Benefit.

• Any savings of investments or savings in excess of £16,000 will prohibit the receipt of Housing Benefit or Council Tax Benefit.

• Possession of more than £16,000 in capital will prohibit any claim for Housing Benefit by the tenant. If the tenant or their partner has more than £16,000 in capital, they will not be entitled to receive Housing Benefit unless they are in receipt of the Guarantee Credit element of Pension Credit.

• Any changes in a tenant’s circumstances must be reported to the local authority to the local authority as soon as they occur as any change could affect the amount of housing benefit payable. It is important that the tenant gets proof of reporting and it is always preferable to attend in person and get a written receipt for any documents handed in.

• If the local authority requests further information the tenant is required to respond with one month unless an extension is agreed between the authority and tenant.

• If a change of circumstance is discovered by the authority at a later date then the tenant will be liable to repay any benefit that has been overpaid.

• The following scenarios will preclude a tenant from claiming Housing Benefit:

• If the tenant is living with a close relative including step relatives and their partners and paying rent.

• In this case the only way Housing Benefit maybe claimed is that if the Local Authority (after an investigation) can conclude that the tenancy has not been set up with the sole aim of fraudulently claiming benefit.

• As an aid to help pay the costs of a home loan or mortgage.

• If the claimant is a full-time student with no disability or children.

• If the claimant is an asylum seeker.

• Any claimant under 35 will only be eligible for housing benefit at the single room rate unless they are a care leaver under 22 or those aged between 25 and 35 in homeless hostels.

• The claimant does not have a right to reside (including those from within the European Union not exercising treaty rights) or are subject to immigration control.

• For tenants renting from private landlords housing benefit is calculated from the Local Housing Allowance rates. The rates depend on the area (Broad Rental Market Areas (BRMA)) the tenant is making their claim in.

• A tenant’s entitlement to Housing Benefit based on the Local Housing Rates can be worked out using the following information:

• How many people are resident in the property.

• If they are entitled to an additional bedroom for a person not resident with them, but who provides overnight necessary care for them or their partner.

• The postcode of the rent-able property, or the local authority where the property is located.

• The following website can be used to work out a tenant’s bedroom entitlement:

• Local Housing Allowance: LHA bedroom calculator

• Housing benefit can be worked out using:

• benefit calculator

• benefits calculators.gov

• It should be noted that under Local Housing Allowance rules, housing benefit payments were capped in April 2012.

• If a tenant’s full rent is not covered by housing benefit due to the rate cap the tenant will have to pay the shortfall to the landlord.

• If the shortfall is affordable then the tenant can make an application for Discretionary Housing Benefit.

• If a tenant living in council accommodation or other form of social housing and are assessed as having at least 1 extra bedroom in their property they could face having their Housing Benefit reduced by 14% of the eligible rent if they have 1 extra bedroom or 25% if they have 2 or more extra bedrooms.

• The rules (brought in in 2013) allow 1 room for:

• Every adult couple.

• Any other adult aged 16 or over.

• Any two children of the same sex aged under 16.

• And two children aged under 10.

• Any other child (other than a foster child or child whose main home is elsewhere).

• A carer (or team of carers) who do not live with the tenant but provide him/her or partner with overnight care

• The Bedroom tax rules do not apply in the following circumstances:

• The tenant lives in supported accommodation where the local authority provides or commissions care. The tenant is a shared owner of the property. The tenant lives in temporary homeless accommodation. The sole or both joint tenants are born on or before 05/10/1951 – pensionable age.

• This is available to tenants already in receipt of Housing Benefit but who are in need of additional financial help with housing costs.

• A written request should be made in person at the Local Authority offices. There is no right of appeal against a refusal of an award of Discretionary Housing Benefit.

• If a tenant is unhappy with the outcome of a Housing Benefit decision, they can request that it is looked at again (classed as a review) or an appeal of the decision can be requested. A request for either must be made within one month of the date of the decision.

• If the tenant is not happy with the decision of a review, then the tenant may be able to appeal against the review decision.

• If a review or appeal is successful, then the new decision will be changed from the date of the original decision. An appeal later than one month maybe accepted in special circumstances such as ill-health as long as the circumstances are explained in writing along with the reasons for appeal. The last date for an appeal is 13 months after receipt of the decision letter

• Any appeal against a Housing Benefit decision will be assessed by an independent tribunal, called the First-Tier Tribunal at the HM Courts and Tribunal s Service. Upon receipt of the appeal the tenant will receive a form requesting further information on how they want the case to proceed.

• If there are any special requirements that need to be made and if the appeal should be dealt with as an oral or paper hearing. The form should be returned within 14 days.

• A set date and time will be given for an oral hearing at one of First-Tier Tribunal hearing Courts where the tenant will be required to present their case. The tenant will be asked questions and is allowed to present witness statements and bring witnesses so that all evidence is heard. The result of the hearing will be given to the tenant on the day.

• A paper hearing means that all evidence will be considered based on the papers submitted by the tenant. The tenant will be advised of the decision by post.

• Further details concerning the reasons for the decision and other findings by the tribunal can be requested as a statement of reasons within one month of the date of the decision.

• Any disagreement with the decision by the tenant can only be on a point of law i.e. an error made in the interpretation of the law. Any dispute would be heard by the Upper Tribunal.

• In order to qualify for legal aid a tenant should be in receipt of the required benefits and not have capital in excess of £8,000.00.

• The qualifying benefits are:

• Income Support.

• Income Related Employment and Support (ESA).

• Income based Jobseekers Allowance (JSA).

• Guaranteed State Pension Credit.

• Payments from NASS in respect of Immigration and Asylum.

• An employed tenant cannot have a gross income exceeding £2657.00. £222.00 can be added to this figure for a fifth and each subsequent child.

• A tenant cannot have a disposable income of more than £773.00 per month after deductions.

• There is a financial eligibility checker at:

• financial eligibility checker

The following types of housing dispute qualify for legal aid:

• Possession Proceedings.

• Harassment and Illegal Eviction.

• Homelessness.

• Disrepair of the property that poses a serious risk of harm to the tenant and any family.

• A legal aid solicitor can be found at the following link:

• find a legal adviser

Civil Legal Advice can be contacted for legal advice on

• debt problems

• benefits problems

• housing problems

• Education problems

• Employment problems

• family problems

Contact details

• Monday to Friday: 9am to 8pm

• Saturday: 9am to 12.30pm.

• Telephone: 0845 345 4 345.

• Minicom: 0845 609 6677.

• A tenant can text “legal aid” and their name to 80010 to get a call back.