Care and support

Housing benefit

Housing benefit is means-tested help with rent, paid by district and borough councils. You can get it whether or not you are working, but as your income increases the amount of help you get decreases. People who get income support (IS), income-based jobseekers allowance (IBJSA) or the guarantee credit part of pension credit (PC) get maximum housing benefit, but this does not necessarily mean that all of their rent will be paid.

Changes to housing benefit from April 2008

From 7th April 2008 local housing allowance (LHA) will be introduced nationally and will change the way housing benefit is calculated for people renting their homes from private landlords. See later section for more information on local housing allowance.

Can I claim housing benefit?

You need to:

• have savings of £16,000 or less* and
• be responsible for paying rent and
• be living in your home

* N.B., if you are aged 60 or over and receive the guarantee credit part of pension credit, the £16,000 capital limit does not apply and you will still be able to get full eligible housing benefit.

Do I have to have a tenancy agreement to be responsible for paying rent?

Whilst you or your partner must be responsible for paying the rent, you do not necessarily have to have a tenancy agreement. For example, you can get housing benefit if you are living in someone's house as a boarder.

However there are some circumstances where you cannot get housing benefit, even if you have to pay rent. Some examples are:

• if you are living with, and pay rent to, someone who is a close relative, e.g., a parent, son or daughter
• if the agreement to pay rent is not considered to be on a commercial basis
• if the rental arrangement is thought to be created to take advantage of the housing benefit system

If you are refused housing benefit, seek further advice.

Can housing benefit be backdated?

Housing benefit can be backdated for a maximum of 12 months from the date of claim, but only when you can show continuous ‘good cause’ for claiming late. ‘Good cause’ might include physical or mental ill health, caring responsibilities, misadvice, difficulty communicating in English or understanding documents.

The Government have proposed that from October 2008 the maximum backdating period should be reduced to 3 months.

Is it possible to get housing benefit on more than one home?

It is only possible to get housing benefit on two homes in specific circumstances. For example, someone who is moving house and cannot avoid having to pay rent on their old and new homes, may be able to get housing benefit on both homes for up to 4 weeks so long as they have moved into their new home.

Can I get housing benefit if I am away from my home for a time?

If you are temporarily away from your home you might still get housing benefit. You must intend to return home and you must not rent your home out while you are away.

You can get housing benefit for up to 52 weeks absence when you are:

• in hospital or temporarily staying in a care home or nursing home;
• on remand awaiting trial or sentence;
• living away because of fear of violence (but if you have moved permanently or you are waiting for a transfer, you might only get help for up to 4 weeks).

This is not a complete list and if in doubt, seek further advice. If you cannot get help for up to 52 weeks' absence, you will be limited to a maximum of 13 weeks' housing benefit. You can also get housing benefit for up to 13 weeks if you go into a residential or nursing care home on a trial basis.

What payments will housing benefit cover?

Housing benefit only covers ''eligible rent''. Charges that cannot be met include:

• fuel charges (except for communal areas);
• charges for meals;
• water rates;
• charges for support services (see below)

Service charges

Service charges, for example communal heating, cleaning costs and laundry facilities should be included in your housing benefit. Charges for personal support are not included in housing benefit.

What if I am a private tenant?

From April 2008, tenants in private rented accommodation are subject to new rules. See the later section on local housing allowance for more information.

Do I get less benefit if I am under 25?

Housing benefit paid to single people aged under 25 is based on average market rents for single room accommodation.

This rule does not apply to you if you are :

• a council or housing association tenant; or
• one of a couple; or
• a lone parent; or
• under 22 and you used to be in care; or
• severely disabled; or
• have a non-dependant living with you

Some young people who have left care may not be able to get housing benefit. For more information select the link entitled benefits for 16/17 year olds on the right hand side of this page.

Will my housing benefit be affected by other people living in my home

Your housing benefit can be affected if people aged 18 or over are living with you. This does not include your partner but might be an adult son or daughter or an elderly relative. They are called a non-dependant. Money will be taken off your benefit whether or not the non-dependant pays you anything. If the non-dependant is working full time the amount taken off their gross earnings is:

£7.40* if s/he earns less than £116
£17.00 if s/he earns between £116 and £171.99
£23.35 if s/he earns between £172 and £222.99
£38.20 if s/he earns between £223 and £295.99
£43.50 if s/he earns between £296 and £368.99
£47.75 if s/he earns more than £369

*This amount applies to non-dependants on certain benefits such as incapacity benefit. It also applies to non-dependant pensioners who are not working but who have too much income for pension credit. People over 18, who are not working and are not full-time students also attract a £7.40 deduction, even if they are not claiming benefit or have no other income.

However, no deduction is made for those who are under 25 and on income support, income-based jobseekers allowance or pension credit (either guarantee or savings credit). No amount will be taken off if you or your partner are registered blind, or receive attendance allowance, or any rate of the care part of disability living allowance.

If you are aged 65 or over and a non-dependant comes to live in your household, or an existing non-dependant’s income increases, the deduction or the increase in income will not be applied to your housing benefit for 26 weeks.

What happens if I start work?

Under the extended payment scheme you can carry on getting your existing rate of housing benefit for 4 weeks if on starting work:

• the work is expected to last five weeks or more; and
• you are on income support, income-based jobseekers allowance, incapacity benefit or severe disablement allowance and these stop because you start work or have an increase in pay or hours; and
• you have been getting either income support, income-based or contribution based jobseekers allowance, incapacity benefit or severe disablement allowance - or a combination of these continuously for at least 26 weeks.

How do I claim an extended payment?

You no longer have to make a claim for extended payments but must inform the local authority and jobcentre plus within 4 weeks of the change in your situation. After the 4 weeks of extended payments, you might still be able to get some housing benefit depending on your income, rent, etc.

You may also be able to get council tax benefit during these 4 weeks.

Do I have to reclaim housing benefit if I go into work or at the end of the extension period?

If you are not entitled under the extended payment scheme and you return to work, but you are still entitled to some housing benefit, you should not have to reclaim it. The local authority should be able to amend your existing claim to reflect your changed circumstances.

However, this does not apply if you are entitled to an extended payment of housing benefit under the extended payment scheme. In this case at the end of the 4 week extension period, your claim will stop. You will have to make a new claim for housing benefit and council tax benefit, if you would be entitled after the 4 week extension.

Will I get more housing benefit if I have childcare costs?

To get help with childcare costs you must be:

• a lone parent working 16 hours (or more) a week; or
• one of a couple with both of you working 16 hours (or more) a week; or
• one of you is unable to work because of illness or disability

Women on maternity leave are treated as though they are working more than 16 hours a week, which allows them to qualify for relevant childcare disregards (although not in respect of the child to whom the maternity leave relates.)

The care must be registered with Ofsted, for example, registered childminders, nurseries, after-school clubs, holiday play-schemes, registered nannies.

You can have:

• childcare costs of up to £300 a week disregarded from your income for families with two or more children, or up to £175 for families with one child;
• childcare costs that include a child aged up to and including some 15 year olds (or 16 year olds if your child is disabled*) depending on the actual birthday.

* A disabled child must be getting disability living allowance (or would be if they were not in hospital) or registered as blind.

The amount of housing benefit you get depends on a number of factors including your income, age, and whether anyone is ill or disabled or a carer.

The amount you get also varies with the number of children you have and the level of rent.

What do I do if my housing benefit does not cover all of my rent?

You may be able to get a discretionary housing payment (DHP) to help cover any shortfall. You must be getting at least some housing or council tax benefit and appear to the local authority to require some additional financial assistance. You do not have to show hardship or exceptional circumstances. A DHP cannot be used to pay for ineligible service charges or to replace your jobseekers allowance if it has been stopped or reduced. Apply in writing to the local authority paying your housing benefit.