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Housing benefit
This leaflet is intended to give general guidance only and is not to be treated as giving specific advice in respect of particular cases.
Housing Benefit is to assist people on income support and low income to pay their rent.
You can get housing benefit if:
- You are liable to pay rent on your usual home
- Your capital must be less than £16,000
- You receive income support or income based job seekers allowance or you are on a low income as prescribed by the relevant regulations
Who cannot get housing benefit?
If you are in the following groups of people you will probably not receive housing benefit. However, regulations are complex so you should seek advice, if necessary.
- People who live in residential care homes
- People who are subject to immigration control or defined as persons from abroad
- Full time students (there are several exceptions to this rule, mainly, if you are under 19 but not in higher education; you receive income support; you and your partner are students and you have a dependant child. If your partner is not a student, your partner can claim housing benefit but any benefit paid will be reduced as the rules regarding students still apply to your rent and the income which you receive.)
- You live with your landlord or they are a close relative
- In some circumstances, if your landlord is an ex-partner
- Your landlord is the parent of your child
- If it is decided that your tenancy has not been made on a commercial basis.
How much of your rent is taken into account?
The housing benefit calculation is based on your weekly eligible rent. This includes the actual rent on your home and in some cases the rent on a garage.
This does not include amounts which you may pay to your landlord for services such as water charges, fuel costs, meals and any other services provided by your landlord.
If these charges are included in the rent which you pay to your landlord, the actual amount included in your rent will be deducted. Other charges will be deducted at the level which the council think is reasonable. There are set charges for fuel and costs of meals.
For fuel costs the weekly deductions are:
- £15.45 for heating
- £1.80 for hot water
- £1.25 for lighting
- £1.80 for cooking costs
If you rent only one room the flat rate reduction is £9.25 per week for heating costs and £1.80 for cooking costs. There is no further deduction for hot water or lighting.
Meal charges
If your rent includes the cost of meals which are prepared for you, a flat rate amount is deducted.
| The weekly deductions | For each person aged 16+ | For each person under 16 |
|---|---|---|
| For at least three meals every day | £21.10 | £10.65 |
| For breakfast only | £2.60 | £2.60 |
| For any other arrangement | £14.05 | £7.05 |
Supported accommodation
If you live in accommodation where you receive care, support or supervision which is provided by a council, registered housing association, registered social landlord, registered charity, non-profit making voluntary organisation or certain similar bodies or accommodation which has been arranged after a Social Services Community Care Assessment, your eligible rent may include costs for the following:
- cleaning and window cleaning under certain circumstances
- emergency alarm systems
- counselling and support
Restrictions on your eligible rent
The rent on which housing benefit entitlement is assessed may be restricted for various reasons. Generally, if you rent from your local authority or from a housing association, your rent will not be restricted in this way.
If you rent from a private landlord it is more likely that your rent will be restricted.
Maximum rent and local housing allowance
The local authority should be able to tell you details of your maximum rent. Rent Officers assist the local authority to calculate your maximum rent. In Coventry, new claims will be based on local housing allowance. This allowance will be taken into account when claims are received.
You should be able to get more information from the local authority about what the local housing allowance is for your home. The allowance will be payable at the prescribed level whether your actual rent is set at a higher or lower level.
The local housing allowance will generally be paid to you rather than to your landlord. Payment can be made to your landlord in some circumstances though you may be asked to set up a standing order or direct debit to pay your rent.
How to claim housing benefit
There are two procedures for claiming housing benefit. The first is if you are claiming income support or income based job seekers allowance. The second procedure is if you are not claiming either of these benefits.
If you are claiming income support, income based job seekers allowance or pension credit
If you claim at a Job Centre Plus Office, your personal adviser should assist you with your claim for housing benefit (and council tax benefit if relevant). This adviser should send your housing benefit and council tax benefit form to the Housing Benefit Department. You will then be sent another form by the Housing Benefit Department. This needs to be completed by the deadline given to you.
If you claim at a Social Security Office or Job Centre you should be given claim forms for housing benefit and council tax benefit. This should come with your income support or job seekers allowance claim form. You should make sure that the claim form reaches the correct office within four weeks of your date of claim for income support or income based job seekers allowance.
If you do not send in the form within the time limits your date of claim will be the date the claim form arrives at the appropriate office. Your claim for housing benefit will only be backdated if there is good cause for the delay in returning the form.
Pension credit forms are often completed by telephone. The pension service will generally complete the claim form and send it to you to check and verify. You may be asked to provide further information if necessary.
If you are not claiming income support or income based job seekers allowance
If this is the case, you should simply ask the Housing Benefit Department for a claim form. You should ensure that you complete the form within four weeks, otherwise, your claim will be treated as made on the day the form is received at the Housing Benefit Department and will only be backdated if good cause for the delay is accepted by the Decision Maker.
You will need to provide various documents within the time limit. These should include evidence of your rent such as a rent book or tenancy agreement. You will probably also have to provide evidence of income and possibly capital. The local authority may ask for any other reasonable information needed to decide the amount of housing benefit which should be paid to you.
Payment of benefit
Housing benefit is usually awarded from the date of claim until your circumstances change.
If there is a change of circumstances which would affect the amount of housing benefit you receive such as a change in the amount of income or capital which you have or your benefit entitlement changes, you should inform the Housing Benefit Department. If you do not do this, you may be liable to repay an overpayment of benefit.
If you pay rent to the local authority your housing benefit is a rebate towards your rent account. Therefore, the rent you have to pay will be reduced or nilled.
How your housing benefit is worked out
The assessment of your housing benefit is a lot simpler if you are in receipt of income support, income based job seekers allowance or pension credit.
- your eligible rent is calculated
- amounts for non-dependants deducted. This means somebody else who lives in your home other than a dependant, joint tenant or somebody with whom you just share a communal area. The amount of the deduction is £7.40 per week for anybody who is aged 25 or over and on income support or income based JSA. Anybody over 19 who is not working over 16 hours per week would lead to a deduction of £7.40 per week. There is a sliding scale of deductions for people who are working over 16 hours per week. This ranges from £47.75 per week for those earning £353 or more down to £7.40 per week for those below £111 per week. The weekly housing benefit should be your eligible rent less the deduction for non-dependants.
If you are not on income support or income based job seekers allowance
- You cannot get housing benefit if you have more than £16,000 capital.
- Your weekly eligible rent is calculated
- Amounts for non-dependants are deducted as above
- Your weekly income is compared to the amount you would receive if you were on income support. Your weekly income is the amount you receive less certain deductions.
- If your weekly income is less than your eligible rent minus deductions for non-dependants you should receive the same amount of housing benefit as if you were on income support or income based job seekers allowance. You may wish to seek advice about claiming these benefits.
- If your weekly income is higher the amount of your housing benefit would be:
- Your weekly eligible rent
- Less any non-dependants deduction
- Less 65% of your excess income
You will not be awarded any housing benefit if this calculation comes to 50pence or less per week.
Appeals
If you are turned down it is always worth asking advice about an appeal. You can appeal within one month of the date of decision regarding the benefit matters raised in this leaflet. The Rent Officer Appeal would be through a different process. You may wish to seek advice from a local advice centre about completing the appeal form.
Coventry Law Centre will advise you about your appeal hearing and may be able to represent you. The Law Centre offers free legal advice and representation.
For a Claim Form
To obtain a claim form telephone 76833333
Coventry Law Centre
The Bridge, Broadgate
Coventry CV1 1NG
Tel: 024 76223053
024
7622 3053