Benefits Frequently Asked Questions

FAQs about Housing benefit

Q.   How do I claim benefit
Q.   Who deals with benefit? / Where can I claim? 
Q.   What costs does Housing Benefit cover?    
Q.   How much could I get?
Q.   Your income and benefit claims 
Q.   How will my benefit be paid? 
Q.   I work full time. Can I still claim benefit?
Q.   I own my own home. Can I still get help? 
Q.   I'm a student. Can I claim benefit? 
Q.   I’m a pensioner. Does this make a difference to my claim? 
Q.   I’m new to this country. Can I still claim benefit? 
Q.   What happens if you pay me too much benefit? 
Q.   If I disagree with your decision, what can I do? 
Q.   Can anyone claim benefit? 
Q.   When will my benefit start from?
Q.   I rent from a private landlord. Will you pay my full rent?
Q.   What if housing benefit doesn't pay my full rent?
Q.   Who can provide me with more help?  
Q.   When deciding my benefit do you need to know about my savings?
Q.   What if I have other adults living with me?
Q.   Can I find out how much I will get before I move in?
Q.   What happens if I am away from home?
Q.   I pay for childcare. Does this make any difference to my claim?
Q.   What do I have to do if my circumstances change?
Q.   What kind of changes do I have to tell you about?
Q.   When do I have to tell you about any changes?
Q.   What happens if I don’t tell you about changes?
Q.   How should I tell you about any changes?
Q.   What sort of evidence do you need?
Q.   What if I suspect someone of fraudulently claiming benefit?

How do I claim benefit?

You will need to complete an application form and provide original documents confirming the composition of your household, your income and capital and your rental liability. Details of the evidence needed is within the application form. Once you have handed in your application form, the Benefits Service will write to you if any more information is needed to assess your claim.

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The Benefit Service is part of our Resident Services Department. If you need more information, you should call the benefit office on the number below. Further details of where we are and office hours can be found here.

• 0845 803 1020  

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What costs does Housing Benefit cover?

Housing Benefit helps to meet some or all of your rental liability, whether to the council, a Registered Social Landlord or a private landlord. If you have a mortgage, Housing Benefit cannot help with meeting this liability. In addition to paying the rent for a house, flat etc, Housing Benefit can also pay certain property-related 'service charges' such as for furniture and heating / lighting of communal areas in a block of flats.

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How much could I get?

To work out your Housing Benefit, the council will look at:

• money you and your partner have coming in, including earnings, some benefits and tax credits and things like occupational pensions
• your savings and your partner's savings
• your circumstances, such as your age, the ages and size of your family, whether you or any of your family are disabled, and whether anyone who lives with you could help with the rent.  

The council will also look at whether:

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

The most Housing Benefit you can get is the same as your eligible rent. This may not be the same as your full rent.

The amounts shown below are only a guide. Your individual circumstances and the rules governing benefits will affect how much benefit you actually get. This means you may not be able to work out exactly how much benefit you will be entitled to.

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Your income and benefit claims

The charts below give details about the income you can have and still get benefit. The amount of benefit will depend on the number of people in your household, their ages and circumstances. It will also depend on which council tax band your property is in, and the rent you pay. 

How to use the charts below

• The left hand column shows different types of household.
• The row along the top shows different council tax bands or different amounts of rent.
• The amount shown where the two meet is the highest weekly income you can have and still be entitled to Council Tax Benefit or Housing Benefit  

Updated: April 2008

If you work more than 30 hours per week and have either a dependant child or a disability you may be able to earn more than the amounts shown above and still qualify.  

• We can also make a deduction from the income that we assess your benefit on for some fees paid to registered child minders.  
• Government regulations regarding benefits may change. These figures should be treated as an approximate guide only. If you are in any doubt about potential entitlement to benefit you should submit a claim immediately,
• or contact us for advice.  

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How will my benefit be paid?

Council Tax Benefit and Second Adult Rebate will both be paid directly to your Council Tax account. If the award of benefit means that your account is in credit, you can apply to the Council Tax section for a refund.
Housing Benefit for Council tenants is paid directly to their rent accounts. Tenants of Registered Social Landlords or private landlords can either have their benefit paid directly to them by bank transfer or into their landlords bank account, if they request it. If you are more than 8 weeks behind with your rent, benefit may be paid to your landlord even if you ask for it to be paid to you.

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I work full time. Can I still claim benefit?

Yes. Subject to assessing your income and comparing it to the government's assessment of how much money your household needs to live on every week, you could be working full-time either for an employer or as a self-employed person and still have entitlement to benefit.

I own my own home. Can I still get help?

Yes. Although you cannot receive Housing Benefit, you may still be eligible for Council Tax Benefit or Second Adult Rebate if you pay the Council Tax.

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I'm a student. Can I claim benefit?

This depends on your circumstances. Most students are excluded from claiming Housing Benefit as the government expects that they will use their student loan or grant to pay their housing costs. However, if you are disabled, are a lone parent or are in receipt of Income Support, Jobseeker's Allowance (income-based) or are aged over 60, you will still be entitled to claim Housing Benefit. Full time students are exempt from liability for Council Tax – you should contact the Council Tax section if you need further advice on this.

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I’m a pensioner. Does this make a difference to my claim?

Yes. You are automatically entitled to have your benefit claim commence from a maximum of 52 weeks before the date that the Council receives your application form. This date will be less than 52 weeks if both yours (and your partner’s, if applicable) 60th birthday was less than 52 weeks ago or your liability to pay rent or Council Tax began less than 52 weeks ago.

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I’m new to this country. Can I still claim benefit?

Any applicant for benefits must comply with the 'habitual residency test'. You cannot claim benefit in most circumstances if your passport has been marked with 'no recourse to public funds'. If you have been granted refugee status or indefinite / exceptional leave to remain, then you are entitled to claim benefits. If you are a 'worker' from another European Economic Area country, then you are entitled to claim. Otherwise, you must normally have been living in the United Kingdom for at least two years before you can claim benefits.

If you want further advice see contact details. 

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What happens if you pay me too much benefit?

When too much benefit is paid this is known as an 'overpayment' for Housing Benefit and an 'excess payment' for Council Tax Benefit. Any overpayment can be recovered from you unless it was caused by our mistake and you could not reasonably be expected to have known about it. Excess payments of Council Tax Benefit are recovered by taking the money back from your Council Tax account. Overpayments of Housing Benefit are most often recovered either by deducting an amount from future benefit payments or by sending you or your landlord an invoice.

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If I disagree with your decision, what can I do?

You can either ask for a written explanation of the decision, ask for the decision to be looked at again, or appeal against the decision. If you wish to ask for the decision to be looked at again or to make an appeal, you must do so in writing within one month of receiving the decision you disagree with. Once you have done this, the Benefits Service may decide to change the decision, and will notify you if it does so. If not, your appeal will be passed to The Appeals Service, where an independent tribunal will make a decision on your case. If you are still not happy with the decision, then you may be able to appeal again to the Social Security Commissioners, on a point of law only.

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Can anyone claim benefit?

Most people who are liable to pay rent or Council Tax can claim benefits. The main restrictions relate to students and people who have only recently arrived in the United Kingdom.

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When will my benefit start from?

The general rule is that benefit is paid from the Monday following the date on which your application form is received. However, if you hand in your form during the same week (Monday to Sunday) that you move into your property, then you will be paid from when you moved in. If you are in receipt of Jobseeker's Allowance (income-based), Income Support or Guaranteed Pension Credit, then you can receive benefit from the date that you moved in, if you make your claim within 4 weeks of moving in.

Otherwise, you can ask for your benefit to be 'backdated' for a maximum of 52 weeks before the date that you make your claim. You will need to show 'good cause' e.g. that you were severely unwell, that you needed someone to help you with your form for the delay in claiming before backdate will be awarded.

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I rent from a private landlord. Will you pay my full rent?

In most cases, if you rent from a landlord other than the Council or a Registered Social Landlord e.g. housing associations, the Rent Service must make a decision on how much of your rental liability can be met by Housing Benefit. The Rent Officer will compare the rent charged for your property with the rents charged for other properties of similar size in the area and make a valuation of what a reasonable market rent is for your property. If the Rent Officer’s valuation is less than the rent your landlord charges, then Housing Benefit cannot be paid on the difference.

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What if housing benefit doesn't pay my full rent?

If you are still in financial difficulty due to a shortfall between your Housing Benefit entitlement and the rent you are charged, you can apply for a Discretionary Housing Payment. The Benefits Service will look closely at your personal circumstances and your finances, and may make an additional award of benefit if you are suffering hardship. This benefit is paid from a fixed annual fund and is not awarded to everyone who claims it.

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Who can provide me with more help?

If you would like to know more about Housing and Council Tax Benefits, then you can telephone the Customer Services Team on 020 8753 1396. Further details of where we are and office hours.

You may also be able to obtain assistance from a Citizens Advice Bureau or the Advice and Employment Centre Shepherds Bush.

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When deciding my benefit do you need to know about my savings

If you have capital of more than £16 000, this includes things such as bank accounts, building society accounts, investment funds and shares, then you cannot claim Housing Benefit or Council Tax Benefit, though you may still be eligible for Second Adult Rebate.

The only exception to the capital limit is for pensioners who receive the Guaranteed element of Pension Credit.

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What if I have other adults living with me?

Other adults (other than your partner) who are members of your household are expected to make a contribution towards your housing costs. They are known as 'non-dependants', and fixed deductions from your benefit entitlement will be made for them depending on their circumstances. If the non-dependant is a full-time student or under 25 years of age and receiving Income Support or Jobseeker's Allowance (income-based), then they are exempt from non-dependant deductions. Otherwise, there is a scale of deductions, ranging from £7.40 to £47.75 per week for Housing Benefit and £2.30 to £6.95 per week for Council Tax Benefit based on their gross weekly income.

Non-dependants who are members of a couple will have one deduction made based on their combined income.

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Can I find out how much I will get before I move in?

If you are a private tenant, you may ask for the Rent Service to make a 'pre-tenancy determination' for your claim. Your landlord must sign this form, so a PTD is not appropriate if you do not want your landlord to know you are claiming benefit. The Rent Officer will make a decision on a reasonable market rent for your property in the same way as if you were already claiming. The advantage of a PTD is that you will know whether the Rent Officer has made any restrictions before you take on the rental liability.

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What happens if I am away from home?

In most circumstances, we can continue to pay Housing Benefit for up to 13 weeks temporary absence from the home, as long as you intend to return to the claim address. Even if your absence is going to be less than 13 weeks, you should still tell the Benefits Service about it. Certain groups of people, such as hospital in-patients or remand prisoners, can continue to receive benefit for up to 52 weeks absence.

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I pay for childcare. Does this make any difference to my claim?

If you pay for childcare, either to a nursery scheme or a registered child minder, some or all of these costs will be deducted when the Benefits Service makes an assessment of your weekly income.

The maximum amount that can be deducted per week is £175 for one child and £300 for two or more children.

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What do I have to do if my circumstances change?

The law says you must tell us if there is any change to the information we have used to decide whether you are entitled to Housing Benefit or Council Tax Benefit (or both). You should tell us immediately, in writing, of any changes in your circumstances. You should tell us straightaway even if you're still waiting to hear from us about your claim, and even if you've already told someone else like the Benefits Agency or your landlord.

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What kind of changes do I have to tell you about?

You need to tell us about any changes that could affect your benefit.  For example, if there is any change to -

• You or your partner's Income Support
• You or your partner's Jobseeker's Allowance
• You or your partner's Any other benefit that you or your partner get
• You or your partner's Wages
• You or your partner's Tax credits
• Maintenance received
• You or your partner's Works pensions 
• Any other income you or your partner received
• You should always tell us whether the income starts, stops, goes up or goes down
• Anyone comes to live with you or moves out
• Someone who lives with you starts or stops work
• There is any change in the income of someone who lives with you
• A child leaves school
• Bank accounts
• Savings
• Stocks, shares and so on
• Your landlord puts your rent up or down
  (But if you are a council tenant, you don't need to tell us about any rent changes.)
• The services included in your rent change
• The part of the property you live in changes. 

Other kinds of changes you should tell us about

You should also tell us if you:

• Move
• Live away from home
• Are going to be away from home for more than two weeks
• Become a student or finish your course
• Go into hospital
• Go into prison or
• Have a change of landlord.  

We cannot list all of the changes in circumstances that you should tell us about, but if you are not sure whether we need to know, tell us anyway. Do not leave it until the next time you fill in a claim form.

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When do I have to tell you about any changes?

You should tell us within one month of the change happening. If you don't, you could either lose benefit or you may be overpaid benefit, which you’ll have to pay back. If you want to avoid this or are unsure, tell us straightaway.

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What happens if I don’t tell you about changes?

If you don't tell us, or are slow to tell us about a change, we are likely to go on paying the same rate of benefit as before and this may be wrong. We may need to change the amount we pay you, or stop your benefit completely because of the change.

If we have paid you too much, we will expect you to pay it back, and we may take it out of the benefit we are still paying you. For Council Tax Benefit we will take the money back from your Council Tax account so you will get a revised bill showing that you have to pay more. 

If you don't tell us about changes straightaway, we may not be able to pay you back pay.

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How should I tell you about any changes?

You should tell us in writing and give us your benefits reference number which is on the letters we send you.

Tell us what has changed and the date it changed. Give us all the details. For example, we need to know things like:

• The new amounts of income
• The name and date of birth of someone who has come to live with you and
• The date someone moved out of your home. 

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What sort of evidence do you need?

We usually need to see proof of the change which can be things like:

• The notice of a rent increase
• The award letter about a new benefit, or about a change to your benefit
• The award letter about a tax credit, or change to your tax credits or
• The letter telling you your pension has increased
• Payslips  

We must see signed original documents, not copies. Please do not send valuable items through the post. If you can, bring them to our reception. We will take the details we need and give you the documents back straightaway. If you cannot get into the office, contact us for more advice.  If you haven’t got the necessary evidence yet, don't delay telling us about what has changed and the date it changed. You can always provide the evidence later when you have it.

What if I suspect someone of fraudulently claiming benefit?

See the Fraud Investigation page

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