Housing Benefit

What is Housing Benefit?

Housing Benefit is a social security benefit to help you with your rent if you are on a low income. The rules are set nationally, but we administer the scheme.

Who can claim Housing Benefit?

You can claim Housing Benefit if you: -

• Pay your rent to the council
• Pay your rent to a registered social landlord, such as East Midlands Housing Association
• Live in a hostel, caravan, mobile home or houseboat
• Pay a rent that has been registered as a "fair rent"
• Have a tenancy that began before 1989
• Live in accommodation where a large part of the rent is for board and attendance

You can claim Local Housing Allowance if you rent from a private landlord and make a new claim, have a break in your existing claim or move in to privately rented accommodation.

Housing Benefit does not depend on National Insurance contributions and you can apply if you are working, either for an employer or self-employed.

Who cannot get Housing Benefit?

You cannot get Housing Benefit if you: -

• Are not liable to pay rent
• Live with a close relative and pay rent to him or her
• Live in a care home, such as a nursing home or old peoples home
• Rent a former joint home from your ex-partner
• Are the parent or guardian of your landlord's child
• Live in your home as part of your job
• Have savings of over £16000 (unless you also get Guarantee Pension Credit)
• Are a full-time student (although certain students, such as those with disabilities or those with children can claim)

How do I claim benefit?

If you are making a claim for Income Support, Employment & Support Allowance or Jobseekers Allowance, the Jobcentre will ask if you would also like to claim Housing Benefit. They will normally take details over the phone and complete a form which they will send to you to check and return to them. It will then be forwarded to us for processing. You will sometimes be sent a separate claim form which you should complete and return to us.

If you are making a claim for Pension Credit, the Pension Service will ask you about claiming Housing Benefit.

If you are not claiming Pension Credit, Employment & Support Allowance, Income Support or Jobseekers Allowance etc, you should get a claim form from us or download one. We can also arrange to visit you in your own home to complete the form for you.

How is benefit paid?

• If you are a council tenant, a credit is made to your rent account
• If you are the tenant of a social or private landlord, we will send either you, or your landlord if you prefer, a bank credit payment every four weeks. If you are in arrears by eight weeks or more, your Housing Benefit must be paid directly to your landlord.

Please note that different rules apply to Local Housing Allowance.

How much Housing Benefit can I get?

If you (and your partner if you are a couple) are on a low income, you can get up to the full amount of your rent, but it could be reduced :-

• If your rent includes a service charge, such as money for things like heating or meals
• If the Rent Officer decides that your rent is above the typical rent for suitably sized accommodation in the area. Details about how the Rent Officer makes these decisions can be found on the Rent Service website.
• If you have other adults in your household, for example grown-up children, other relatives or friends.
• If your income is more than the rules say you need to live on

What income is included?

All types of income are usually included (along with your partner's income if you are a couple). Earnings are included, along with tax credits, state benefits, occupational pensions and so on. Some income is not counted, such as child benefit, maintenance payments for children, Attendance Allowance, Disability Living Allowance and War Pension. If you have to pay for child-care whilst you are working, we can ignore up to £300 of your weekly earnings.

How do my savings affect my benefit?

If you (and your partner if you are a couple) have savings of more than £16000, you cannot get Housing Benefit unless you also get Guarantee Pension Credit.

For people under state pension age, savings of less than £6000 are ignored, but we have to assume a weekly income of £1 for every £250 (or part of £250) that you have between £6000 and the savings limit of £16000.

For people over state pension age, savings of less than £6000 are ignored, but we have to assume a weekly income of £1 for every £500 (or part of £500) that you have between £10000 and the savings limit of £16000.

How are my needs assessed?

We will work out an "applicable amount" based on your personal circumstances. The rules for calculating this are set by the government and the amounts are increased each year. The applicable amount is made up of three parts:-

• A personal allowance for you (and your partner if you are a couple)
• A child allowance for each child that you get Child Benefit for
• If appropriate, one or more "premiums" or "components" which apply to certain people, such as people with disabilities and families

How is my benefit worked out?

We will work out your rent as a weekly amount and make a deduction for service charges or for a restriction by the Rent Officer. The result is known as your "eligible rent".

We will make a deduction from your eligible rent for any adults living in the property who are not financially dependent on you. This is known as a "non-dependant deduction". But if you are registered as blind, getting Attendance Allowance or the care component of the Disability Living Allowance, we will not make a deduction. There is also a 26 week "grace" period for customers aged 65 or over. This means, for example, that if a non-dependant moves in with you, or a non-dependant already living with you starts to earn more money, no change will be made to your claim for 26 weeks.

If you are on Income Support, income-related Employment & Support Allowance, Guaranteed Pension Credit or income-based Jobseekers Allowance, you will get the full amount of your eligible rent, less any non-dependant deductions

If you are not on Income Support, income-related Employment & Support Allowance, Guaranteed Pension Credit or income-based Jobseekers Allowance and your income is more than your applicable amount, we will make a further deduction of:

• 65% of the excess

Examples - how benefit is worked out.

• If you are getting Pension Savings Credit, we will use the income figures supplied to us by the Pension Service.

When will my benefit start?

For people under state pension age, your benefit will normally start from the Monday following the date that you first contact us, as long as you return your claim form within one month of this date.

You can also claim through the Jobcentre when making a claim for Income Support, Jobseekers Allowance or Employment & Support Allowance. Your claim will normally be allowed from the Monday following the date that you advise the Jobcentre that you wish to claim help with your rent, as long as you return your claim form within one month of this date.

Benefit cannot normally be backdated unless you can provide special reasons (known as "good cause") why you could not claim earlier.

For people over state pension age, we will automatically look at your benefit for a 3 month earlier period.

When does my benefit end?

Your benefit will normally carry on until there is a change in circumstances which means that you can no longer get benefit. As your benefit may also increase or decrease if your circumstances change, you must report any change in writing straight away.

What can you expect from us?

We will: -

• Deal with your claim promptly. Normally this will be within 14 days of receiving all of the information needed to work out your claim.
• Work out your claim as accurately as possible and in line with government regulations and council policy.
• Notify you in writing about your claim as soon as possible after it has been worked out.

What do we need from you?

We need you to: -

• Complete your claim form fully and correctly and give us all the supporting evidence that we need.
• Report any change in your circumstances, in writing, as soon as you can.

Where can I get more information?

If you would like more information about Housing Benefit, please contact the Benefits Team.