Benefit legislation changes
This page provides details of recent changes to Housing Benefit and Council Tax Benefit legislation.
Local Housing Allowance rates from April 2013
Since April 2012 the monthly local housing allowance rates have been frozen. However, from April 2013 local housing allowance rates will be up rated annually in April in line with the consumer price index (CPI). CPI measures the average change in the prices of consumer goods and services in the United Kingdom from month to month. Any increase will be based on the September CPI.
The move to uprating local housing allowance rates in April means that the current process for reviewing local housing allowance claims monthly at the anniversary date is no longer a requirement.
Another change is that if your rent is below the LHA rate and your rent increases/decreases after April then a change can be made to your claim which will increase/decrease your rent to your eligible rent level or the LHA rate which ever is lower from the date of your rent change.
Local Housing Allowance changes from January 2012
The Government is planning to change the rules that apply to single people living in self-contained accommodation that they rent from a private landlord and are aged 25 or more but under 35. This means that they will only be entitled to the lower rate of Housing Benefit for a room in shared accommodation.
If you are single and aged 25 or more, but under 35, when your Housing Benefit Local Housing Allowance (LHA) is reassessed from January 2012 onwards, this change will apply to you, unless you are covered by one of the exemptions. The change means that, instead of the LHA rate you have been receiving, you would move onto the LHA rate for shared accommodation in your area, which may be much lower.
We will not be able to tell you the exact rate for shared accommodation, as this varies from month to month. However, the shared accommodation rate for August 2011 for property in your area is £56.50 per week, which will give you an indication of the likely rate next year.
There is more information about the change and about the current shared accommodation rates in different parts of the country at the Valuation Office Agency website under Calculate bedrooms and find LHA rates.
If you wish to check the rate for shared accommodation you can check the Local Housing Allowance rates page.
Local Housing Allowance changes from April 2011
Who will be affected?
If you are currently renting from a private landlord and receiving housing benefit and you made your claim for your current address on or after 7 April 2008 or you are thinking of renting from a private landlord after 1 April 2011.
What is changing?
The £15.00 Local Housing Allowance excess ceases, so it will no longer be possible to receive more Housing benefit than rent paid. This will change from the date of your Local Housing Allowance anniversary.
There will no longer be a five bedroom rate of Local Housing Allowance. The maximum level is for a four bedroom property. This will change from the date of your Local Housing Allowance anniversary.
All Local Housing Allowance rates will reduce by changing the way they are calculated, so that only three out of ten rental properties will be affordable to people on Housing benefit rather than five out of ten as now. If you go to the Local Housing Allowance Rates page you can see the rates based on the new rules from April 2011. This will change from the date of your Local Housing Allowance anniversary. You will then receive a maximum of nine months protection before the reduced Local Housing Allowance rate is used. However if you move property or have a change in your circumstance which will affect your Local Housing Allowance rate then we will have to use the reduced rates immediately.
A new upper limit of Local Housing Allowance will be introduced for each property size, so that Local Housing Allowance rates cannot exceed:-
- £250 per week for a one bedroom property,
- £290 per week for a two bedroom property,
- £340 per week for a three bedroom property, or
- £400 per week for a four bedroom property.
Non-resident carers
From 1 April 2011 an extra bedroom can be included in the calculation of the Local Housing Allowance or the rent officer's decision for tenants who rent from a private landlord and have care provided by someone who lives elsewhere. This will apply where a customer or their partner has need for overnight care and has a bedroom that is used by the carer for overnight stays.
Non-dependent deductions
The amount we have to take off your benefit for non-dependants is increasing. This change may reduce your Housing benefit and Council Tax benefit. Non-dependants are adults (not your partner) living with you, for example grown up children, other relatives or friends aged 18 and over, your benefit is reduced by a set amount dependent on their income. These set amounts have not increased since 2001 but the government is increasing them over the next three years to catch up to where they would have been if they had increased every year since 2001.
Related Documents (1)
Benefit Cap fact sheet (PDF Document, 88.93 Kb)
Frequently Asked Questions (20)
Possibly, but you must provide the Council with all of the reasons why your entitlement should start from a date earlier than the date you submitted your benefit application form. The Council will only be able to agree to backdate your claim if you can demonstrate good cause why you did not apply earlier and that this existed for the whole of the period that you are seeking backdated benefit to be paid. Reasons such as 'I did not know about the scheme' or 'I did not have time to apply' are not normally considered to demonstrate good cause. Backdated benefit entitlement cannot exceed a period of 6 months for a claimant or partner who are under 60 and cannot exceed a period of 3 months for a claimant or partner who are 60 or over from the date of the claim.
Send us a letter within one month to the address on this page.
You can apply for both Housing Benefit (help with your rent) and Council Tax Benefit (help with your Council Tax) by completing the Council's housing and council tax benefit application form. However, if you have already filled in the Benefits Agency form (HCTB1 or Local Authority Input Document) along with an application for Income Support or Income Based Job Seekers Allowance, you do not need to also complete the Council form unless you wish to claim Housing Benefit as a tenant of a private landlord.
You will need to submit all the documentary proof that is asked for (original documents only) including evidence of your identity and your National Insurance number. For further information please go to the Information Required page.
Please answer all the questions on the form, and provide the necessary supporting evidence as quickly as possible, to allow us to assess your claim promptly. If you don't have the documentary evidence immediately available do not delay submitting your claim for housing and council tax benefit otherwise you may lose benefit to which you are entitled. (See question 5 regarding backdating of entitlement.)
For more information go to the Housing and Council Tax benefit entitlement page.
We aim to assess new claims within 14 days of receiving all of the required information. Things that may delay your claim being processed include:
If all sections of the application form are not fully completed, including the declaration and signature.
If you do not supply all of the supporting documentation.
If the Council is waiting for information about your claim from another agency such as Her Majesty's Revenues and Customs, the Pension Service, or the Department of work and Pensions.
If the Council needs further information from you regarding your claim (in which case we will contact you). You have up to 1 month to provide the information but this delays processing your claim so we would appreciate your early response to requests for information.
You will be sent a notification letter once your application has been processed, advising you of your housing and council tax benefit entitlement.
Your entitlement will continue for as long as there is no change in the circumstances declared on your original claim form. It is important that any change of circumstances is reported promptly so always check that you have reported any change both to the Department for Work and Pensions (Job Centre Plus or the Pension Service) and to the Council.
Both housing benefit and council tax benefit are means tested benefits. The calculation takes account of the claimant's income, savings, capital, the number of residents in the household and their personal and financial circumstances. The calculation also includes the amount of any rent and/or council tax payable. You may qualify for up to 100 per cent housing and council tax benefit.
For claims made now some claimants will qualify for Local Housing Allowance which does not take account of the actual rent payable. For further information please go to the Local Housing Allowance page.
Your weekly entitlement to council tax benefit will be converted to an annual amount, credited directly to your Council Tax account and be deducted from the balance that is due to be paid.
Payment of Housing Benefit will depend upon the type of your tenancy and other circumstances for example:
If you are a Council tenant then your weekly entitlement will be credited to your rent account so that the actual weekly rent that you pay will be the difference between the full rent and your housing benefit entitlement.
If you are a tenant of a private or Registered Social Landlord then your Housing Benefit entitlement may be paid either, to you, or to your landlord, by BACS (Bankers Automated Credit System) straight into a bank account or by cheque. If it is paid to you then you will be paid in arrears every 2 weeks but if it is paid to your landlord it will be paid in arrears every 4 weeks. You can sometimes decide who should receive the payment. However, if you are 8 weeks or more in arrears with your rent your landlord can insist that housing benefit be paid directly to them. Claims made now, at a new address, will be subject to the Local Housing Allowance rules which mean that, with certain exceptions, housing benefit is only paid to the tenant.
Your circumstances may have changed e.g. savings, income, rent, someone moving in or out of your household, or someone in your household having a significant birthday – 10, 16, 18, 25, 60, 65 or 80 years.
Your entitlement to other benefits administered by Job Centre Plus or the Pension Service may have changed or been cancelled by The Department of Work and Pensions. This means that you may need to complete a new application form.
You may have been overpaid housing benefit or council tax benefit and your entitlement may have been reduced to recover the outstanding amount.
Housing and council tax benefit entitlement normally commences from the Monday following the date that you first indicated to the Council's Benefit Section, or any associated office, that you wished to claim housing and council tax benefit, provided that you then submitted your application within one month of that date of first contact.
However, if you apply during the week in which your tenancy or Council Tax liability starts then benefit will be paid from that date. It is important therefore to submit your application as soon as possible. Please don't wait until you have all of the supporting evidence that is required. For example you can submit your claim with 3 payslips even though 5 are requested. The remaining 2 can be submitted when they are available as long as that is within 4 weeks of submitting the original claim.
If you pay rent to a landlord who is also a close relative and you live in the same property then you will not be able to claim housing benefit.
If you pay rent to a landlord who is also a close relative and you do not live in the same property then you may be able to claim housing benefit. However the Council will need to ensure that the tenancy meets all the criteria of a fully commercial arrangement and will probably ask you for more details in support of your claim.
The Council cannot normally pay housing benefit if you are renting from a relative, a property that you previously owned, or if you are paying rent to a former partner/spouse.
If that person is your spouse, civil partner or partner (same or opposite sex) then you will need to be re-assessed as a couple and that will involve taking account of your joint circumstances.
If the person is aged 18 or over, and lives with you on a non-commercial basis they will need to be treated as a 'non-dependant' for housing and council tax benefit purposes, and in most situations this will affect your entitlement. Normally a non-dependant deduction will be made from your entitlement based upon the circumstances of the person new to your household.
To prevent any overpayment of housing and council tax benefit it is always safer to report all changes in your household/family arrangements and the Council will then be able to advise if the change affects your entitlement.
In certain circumstances some students can claim housing and council tax benefit for example lone parent students, or if you are the partner of a student. However, the rules regarding definition of a student and eligibility for HB/CTB are complex so you are advised to contact the Benefit Section for advice.
The fact that you are in receipt of one of these benefits does not give an automatic entitlement to housing and council tax and a claim must always be submitted to the Council. When claiming Income Support or income based Job Seekers Allowance a housing and council tax benefit application form (called an HCTB1 form or Local Authority Input Document) is provided by the Department for Work and Pensions and should be completed and returned to them. They will pass that form to the Council but you are advised to check that the Council has received it.
Receipt of form HCTB1 or Local Authority Input Document, along with confirmation of entitlement to Income Support or income based Job Seekers Allowance, will usually, but not always, allow the Council to award housing benefit or council tax benefit without carrying out any further enquiries into your household or income. However, further information may be required (such as rent details) and you may be asked to provide this information by completing the Council's own housing and council tax benefit claim form.
In certain circumstances the Council may be able to award you a Discretionary Housing Payment allowance of part, or all, of the shortfall between your housing benefit and your rent. The allowance is not a permanent award but is paid for a short period to help those with financial difficulties that temporarily affect their ability to pay their rent for example they need time look for more affordable accommodation or they have been unable to work due to illness.
If you have been in receipt of qualifying benefits for at least 26 weeks and inform the Council within four weeks of the date that you start work, you may be entitled to an additional four weeks housing benefit. A qualifying benefit is Income Based Job Seekers Allowance, Income Support, Income Related Employment and Support Allowance, Incapacity Benefit and Severe Disablement Allowance. This is called 'Housing Benefit Run On' or 'Extended Payment'. For further information please contact the Benefit Section.
Any amount of overpaid housing benefit will normally be recovered from the claimant or, in certain circumstances, the landlord.
Any amount of overpaid council tax benefit will normally be added back on to your Council Tax liability.
If the overpayment is the result of an error on the part of the Council, the Department for Work and Pensions or any other relevant official organisation, and the person receiving the housing and council tax benefit couldn't have reasonably been expected to know that they were receiving too much benefit, then it will not usually be recoverable.
If the Council believes that you are liable to repay the overpaid housing and council tax benefit you will be informed in writing of the amount of overpayment and the period that it relates to.
Any amount of housing and council tax benefit which has been awarded but to which there is no entitlement, whether on initial determination, or as subsequently revised on review or further review.
If you are jointly liable for the council tax then your council tax benefit will only cover the percentage of the council tax for which you are liable. For example if two people are jointly liable and you claim council tax benefit but the other person doesn't then only your 50 per cent of the council tax will be paid by council tax benefit.
You may have a "non-dependant" living with you (this is someone aged 18 or over who is not legally dependent upon you), and an amount is deducted from your housing benefit based upon the circumstances of the non-dependant. The housing benefit scheme expects that the non-dependant will contribute towards the cost of the rent.
You can only get help with your rent for things that are eligible. Amounts included in your rent for things like water rates, lighting, meals and heating are not eligible for housing benefit.
You may have a 'non-dependant' living with you (this is someone aged 18 or over who is not legally dependent upon you), and an amount is deducted from your Housing Benefit based upon the circumstances of the non-dependant. The housing benefit scheme expects that the non-dependant will contribute towards the cost of the rent.
If you are renting from a private sector landlord then the amount of housing benefit that you receive will be based upon a maximum rent figure for your property/tenancy which is provided by the local Rent Service. This maximum rent figure will be less than your actual rent paid in situations where your accommodation is larger than you need, or the rent for your property is higher than the local average for similar properties.
In most instances, new claims made now, the information regarding the Rent Service will not apply to tenants renting from the private sector whose housing benefit is paid under the Local Housing Allowance Scheme.
The Council administers housing and council tax benefit in accordance with the requirements of local and Government targets to reduce fraud and error. These involve reviewing housing and council tax benefit entitlement of all claimants on a regular basis. Such reviews can be by telephone, letter or visit and the Council employs all of these methods. In most cases visits will be by prior appointment but sometimes it is necessary to carry out an un-notified visit.
If you are someone who, because of age or disability, cannot get into one of the Council's benefit contact points, then you can ask for the Benefit Visiting Officer to come to see you at your home. Council Officers always carry an identity badge, issued by the Council. Please make sure you check this badge before letting anyone into your home.
Freedom of Information Requests (1)
| Reference | Date | Request |
|---|---|---|
| 2011 September 29 | 17 Oct 2011 | Unpaid Debts Written Off by Council |
Last updated: Monday, 4 February 2013 5:38 pm
