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Housing benefit - FAQ


Housing benefit (rent rebate and rent allowance)

Who can claim housing benefit?
Who cannot claim housing benefit?

Housing benefit for private tenants (rent allowance)

What is a private tenant?
Is there a limit on the amount of housing benefit for private tenants?
What if I am under 25?

Housing benefit for City of London tenants (rent rebate)

What is a City of London tenant?
How is rent rebate paid?
Do you pay my full rent?

General

How do I claim housing benefit?
I am not sure how to complete the forms
Do my savings stop me from getting council tax benefit or housing benefit?
What if I am on income support or job seekers allowance (income based)?
When does entitlement to benefit start?
Can my benefit be backdated?
What happens if I go into hospital?
What if my circumstances change?

What are non-dependants?
Discretionary housing payments
What if I don't agree with a decision you have made?
Fraud warning

Who can claim housing benefit?

Private tenants and council tenants may get help towards paying their rent by claiming housing benefit. You can only normally claim housing benefit if you have a tenancy agreement or can prove that you are liable to pay rent.

If you are a joint tenant, you can claim housing benefit towards your share of the rent.

Who cannot claim housing benefit?

The following people cannot normally get housing benefit (but please contact your Benefits Section for further details if you are not sure whether you can claim)

  • Owner-occupiers (you may be able to get help with mortgage payments if you are on income support or jobseeker’s allowance - please contact your local Jobcentre)
  • People who have more than £16,000 worth of savings
  • Full-time students, unless you are disabled or have children
  • Asylum seekers and some other people from abroad who have come to live in the UK in the last two years
  • People who pay rent to a close relative who lives in the same household

Housing benefit for private tenants (also known as rent allowance)

What is a private tenant?

All tenants who are not tenants of the City of London are private tenants. This includes tenants of private landlords, housing associations, hostels and hotels. It also includes Barbican tenants, even though they pay their rent to the City of London.

The City of London can only award housing benefit to private tenants who live within the boundaries of the 'Square Mile'. If you live outside the City, you need to contact your local council.

Is there a limit on the amount of housing benefit for private tenants?

When we work out how much housing benefit you can get, we will also look at whether

  • Your rent is reasonable for your particular home
  • Your home is a reasonable size for you and your family
  • Your rent is reasonable for the area your home is in

Housing benefit cannot help with water charges, heating charges, laundry or cleaning of your home.
If you are under 25, there are special rules which may restrict the amount of housing benefit we can pay you.

 

What if I am under 25?

Housing benefit for single people under the age of 25 and living in private rented accommodation is restricted to the market rent for a single room, with shared use of kitchen and bathroom. This restriction is known as the single room rent.

In effect, if you are single, under 25 years old and live in private self-contained accommodation, housing benefit may not cover all the rent you have to pay. This means that you will have to pay the difference out of your own income.

Housing benefit for City of London tenants (also known as rent rebate)

What is a City of London tenant?

You are a City of London tenant if you pay your rent to the City of London Corporation regardless of whether you live inside the City of London or in a neighbouring borough. The only exceptions are tenants on the Barbican Estate and occupiers of the City of London Almshouses in Lambeth.

How is rent rebate paid?

It is paid weekly directly to your rent account. We will send you an amended rent chargecard showing the amount of rent rebate that you are getting and the amount of rent that you need to pay. If you pay your rent by bank standing order, you must tell your bank to change the amount that you are paying.

Do you pay my full rent?

It depends. Maximum rent rebate is the amount of rent you pay less any items like water rates, heating or counselling or support charges that may be included in your rent. If you receive income support or job seekers allowance or have an income which is below these levels, you will usually receive the full allowable rent. If your income is higher than income support or job seekers allowance levels or you have a non-dependant living with you, you will probably not receive the full allowable rent.

 

How do I claim housing benefit?

If you think you may be entitled to housing benefit and want to make a claim, click here to go to the contacts page.

I am not sure how to complete the forms

Your Benefits Section will be pleased to help you if have any enquiries or need advice on how to complete your claim form - please do not hesitate to get in touch. If you are house-bound or unable to get to our offices for any other reason, we can arrange for a Benefits Officer to visit you at home. Click here for the contacts page.

Download housing benefit and council tax benefit claim form (867kb)
 


Do my savings stop me from getting housing benefit?

Not necessarily. If your total savings are under £16,000 you may still be entitled to benefits. If you have savings between £3,000 (£6,000 if you’re aged 60 or over) and £16,000 this will affect the amount of your benefit. If you, or your partner, are aged 60 or over and you receive Savings Credit, savings over £16,000 will not automatically disqualify you from benefit.

What if I am on income support or Job Seekers Allowance?

Even if you are on income support or job seekers allowance you still need to complete a housing benefit and council tax benefit claim form before you can get help with your council tax or rent. The DWP (formerly the DSS) will have sent you a form called an HBCTB1 to complete. If you have not completed it you need to do so now and return it to them immediately.

When does entitlement to benefit start from?

Your benefit entitlement will normally only start from when your claim form is first received in the Benefits Section. So you need to get the completed housing benefit and council tax benefit claim form back to us as soon as possible.

Can my benefit be backdated?

Your claim for benefit normally starts from the Monday following the date of receipt of your claim form.

If there is a reason why you were unable to make your claim earlier you can ask us to consider backdating your benefit.  You must show ‘good cause’ and clearly state why you failed to claim at the earlier date.  Your request for backdating will be decided on your individual circumstances.

There are no time limits on making a backdating request but the maximum period that a claim can be backdated is 52 weeks prior to the date we receive the request.

You can make a request for backdating at the same time as making your claim for benefit:

  • by filling out Section 16 on the claim form  or

You can make a request after you have made your claim for benefit:

 

What happens if I go into hospital?

You can get benefit for up to 52 weeks after you go into hospital providing you intend to return to your home when you leave hospital.

If you do not return home or you are in hospital for more than 52 weeks your benefit will stop.

If you have a partner who normally lives with you benefit they can then claim benefit in their own right.

You should tell us when you are going into hospital and, if possible, when you expect to come out of hospital.

What if my circumstances change?

If you are already receiving housing benefit from us, or you have recently claimed  benefit, and your circumstances have changed, you must tell us straight away.

You must also tell us if the circumstances of anyone who lives with you change.

Examples of the types of changes that you need to tell us about are

  • Your income support or jobseeker’s allowance has ended
  • You are moving house
  • Someone else has moved into your home or someone has moved out of your home
  • Your rent has changed (you do not need to tell us this if you are a City of London tenant)
  • Your income has changed (including earnings, pensions and any other Social Security benefits)
  • The amount of your savings or investments has changed
  • The income or savings of someone who lives with you have changed (including if their Income Support or Jobseeker’s Allowance has ended)
  • You are going away temporarily (for example into hospital or on holiday)

You should tell us about changes of circumstance by letter or by downloading the form below.

Download changes of circumstance form here (59kb)
 

What are non-dependants?

A non-dependant is anybody, other than your partner or children that you get child benefit for, who lives as part of your household. The Government expects that these people should make some contribution to your rent and council tax and your housing benefit and council tax benefit may be reduced.

The amount of the reduction depends on the income and age of the non-dependant. This is called a non-dependant deduction and we will tell you if it applies to your claim. In some circumstances, there will not be a non-dependant deduction so it is important that you answer all the questions on the form fully and accurately so that we can decide whether to reduce your housing benefit and council tax benefit or not.

Discretionary housing payments

Discretionary housing payments are for people receiving Housing Benefit who need further help with their rent or Council Tax.

You cannot get discretionary housing payments unless you are already getting Housing Benefit. Discretionary housing payments cannot be given for items which are not eligible for Housing Benefit.

If you are already getting the maximum Housing Benefit allowable you cannot get discretionary housing payments.

Discretionary housing payments are not payments of Housing Benefit and there is an overall limit set by central Government on the amount that the Corporation can spend each year.

The amount of the payment and the period for which it is given are at the discretion of the City of London. You have no right of appeal to The Tribunal Service if you disagree with the decision of the City of London but you can request that the decision be reviewed by the City of London.

If you need more information please contact us.

If you want us to consider you for discretionary housing payments download and complete the form below. Please ensure you give us a much detail as you can about your circumstances and that you complete the details of your weekly expenditure. If we need more information we will contact you and you may be asked to come to our office for an interview.

Download the discretionary housing payment form here (31kb)

 

What if I don't agree with a decision you have made?

If you do not agree with a decision we have made, you can ask us for an explanation of the decision or a statement of reasons for the decision. You can do this by phone or in writing or in person. You should do this within one month of the date of the decision we have made. If you still do not agree with our decision and want to appeal against it, you must write to us saying which decision you do not agree with and why you do not agree with it. Your written appeal must be received within one month of the date of our original decision, otherwise we may not be able to consider your appeal. When working out the one month time limit, we can ignore any time that it has taken for us to provide you with an explanation or a statement of reasons.

If we cannot change our decision and you have appealed, we will send details of the disputed decision to the Tribunal Service, who will arrange an Appeal Tribunal hearing. Your appeal will be considered by a legally qualified person and you will have the chance to put your case personally or be accompanied by a representative who can help you. The legally qualified person will consider the law that has been used to make our decision and will take into account any facts you may have raised in your appeal letter or at the hearing. If they make a decision that you still do not agree with (or if we do not agree with!) there is the possibility of a further appeal to the Social Security Commissioners.

Fraud warning

It is against the law to give information which is not correct or not to tell us everything which is relevant to your claim. If you give false information you may be prosecuted.

If you have any information about anybody who may be claiming benefit that they are not entitled to, please write to us or call us on 020 7332 1648. Anything you tell us will be treated in strict confidence.


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