Will all my wages/salary
be included
in the calculation?
What
is Capital?
Does the fact that I own land or
property affect my benefits?
What changes in
my circumstances must I declare?
What are sub-tenants?
Are
there any special rules relating to people aged 60 or over?
What
is applicable amount?
What is liability for
rent?
What is liability for Council Tax?
How
is benefit calculated?
How is benefit paid?
Can
benefit be backdated?
Will all my Capital be
taken into account?
How do I claim Housing and/or
Council Tax Benefit?
What are the amounts of
non-dependant deductions?
Question
What is Housing Benefit?
Answer
It is a means tested benefit, paid to people who qualify for help with their rent liability. These people could be workers on a low income, unemployed, elderly or single parents.
Question
What is Council Tax Benefit?
Answer
It is a means tested benefit, paid to people who qualify for help with their Council tax liability. These people could be workers on a low income, unemployed, elderly or single parents.
Question
What documents do I need to supply with my claim?
Answer
We need proof of your identity, National Insurance number, all income and capital and rent liability. Examples of suitable evidence are detailed in Part 15 of the Housing and Council Tax Benefit Application Form.
Question
Who do I include on my claim form?
Answer
All persons living in your household must be included in your claim.
Question
What is a dependant?
Answer
Children and young people who form part of the Claimant’s family are known as dependants. They can be the children of a single person or a couple, or they can be children for whom the Claimant is responsible, e.g. grandchildren.
A child or young person can only be accounted for in one household, so where the parents are living apart it is the parent who receives Child Benefit who is deemed to have the child as a dependant.
A child or young person must be under 19 and in full time non advanced education. Once a young person leaves school and starts working they are classified as non-dependants.
Foster children are not counted as dependants, however to compensate the allowance received for their upkeep is not counted as income.
Question
What is a non-dependant?
Answer
If the person is an adult and not a partner then they are probably a non-dependant. A non-dependant is a person who is living with the family unit, maybe eats with the claimant’s family but will (or should) pay his/her way with the household bills. This person could be the claimant’s son or daughter for example.
Question
What counts as income?
Answer
Question
What are the upper capital limits?
Answer
Neither Housing nor Council Tax Benefit will be awarded if the claimant’s Capital is £16,000 or more unless he/she is in receipt of Pension Guarantee Credit. This figure is higher than that used for Income Support or JSA (Income Based)
Question
When does the Rent Officer become involved?
Answer
A referral is made to the Rent Officer for all new Housing Benefit claims unless it is less than 52 weeks since the last referral was made for that particular dwelling. A referral is also made for all relevant change of circumstances, even if less than 52 weeks since last referral, and also whenever 52 weeks have passed since the last referral.
The Rent Officer will decide if the level of rent expected for the property is fair for the size and quality of the accommodation provided. He will also work out what the average cost of that accommodation is for your area and tell the Council what the maximum amount of Housing Benefit can be. This value will also be linked with the size of property needed to house your family unit, including any Non-Dependants you have living with you. The maximum rent allowance will be reduced if the Rent Officer considers the property is larger than the size required for your particular family unit, than the rules allow benefit to be paid on.
The Rent Officer may not need to visit the property to make the valuation.
Question
How is Council Tax Benefit paid?
Answer
Payments of Council Tax Benefit will be credited to your Council Tax Account for the period up to 31st March next and you will only need to pay the remainder. When your benefit ends we will debit your Council Tax Account with the benefit relating to the period from the end of benefit up to 31st March and will send you a new Council Tax Bill.
If you are moving out at the same time as your benefit ends we will send you a final account showing the balance due or the amount to be refunded if you are in credit.
Question
What is a Discretionary Housing Payment?
Answer
If the rent Officer has limited the amount of benefit you can receive for your accommodation, you may be entitled to a Discretionary Housing Payment. There are conditions to these awards and a limited amount of money is available.
Ask the Council for details.
Question
What if benefit is overpaid?
Answer
Whenever there is a change to your benefit entitlement there is usually an underpayment or an overpayment. An overpayment is usually because we have not been notified in time to stop sending you, or your Landlord, the benefit payments.
It takes time to make the change to your benefit and to the payment so if you can tell the Council in advance, that you are moving for example, or you are starting work an overpayment will be avoided.
Most overpayments must be repaid to the Council who will help you by arranging for you to repay by instalments if you are experiencing hardship.
The Council will normally reduce a Claimant’s ongoing benefit payments to recover any overpayment. If there is no future benefit entitlement an account will be sent for payment to be made.
Question
When does the Rent Officer become involved?
Answer
A referral is made to the Rent Officer for all new Housing Benefit claims unless it is less than 52 weeks since the last referral was made for that particular dwelling. A referral is also made for all relevant change of circumstances even if less than 52 weeks since last referral. Also whenever 52 weeks have passed since the last referral.
The Rent Officer will decide if the level of rent expected for the property is fair for the size and quality of the accommodation provided. He will also work out what the average cost of that accommodation is for your area and tell the Council what the maximum amount of Housing Benefit can be. This value will also be linked with the size of property needed to house your family unit, including any Non-Dependants you have living with you. The maximum rent allowance will be reduced if the Rent Officer considers the property is larger than that required for your particular family unit.
The Rent Officer may not need to visit the property to make the valuation.
Question
Can I appeal against my benefit assessment?
Answer
When the Council awards benefit they will send you a notification letter detailing the benefit period and the amount you are to receive. You should study this carefully and if there is anything you do not agree with you should ask for a reconsideration. You must make this request in writing to the Council, stating clearly what you disagree with.
You have one month to ask for this reconsideration and it is the way the Council re-looks at the assessment to see if it agrees with you that the assessment is wrong.
You will receive a reply in writing and be told if the decision of the Council is upheld or if it has changed. You do not need to consult the CAB or a Solicitor to ask for this reconsideration however you may feel that you would like to do so as you may not feel confident in dealing with the matter yourself.
Question
Can I find out what benefit I could get before I agree to rent a property?
If
you are about to move and have not yet signed the tenancy, and are thinking of claiming Hosing Benefit,
you can ask the Rent Officer to make a valuation of the property before you sign up. Your prospective landlord must agree and provide details of the rent he is expecting you to pay. This procedure is called a Pre-Tenancy Determination and will usually take about a week. Forms are available from the Council.
The Rent Officer may not need
to visit the property to carry out his valuation.
Question
Will all my savings be taken into account?
Answer
When we have arrived at a total value for the Claimant’s capital holdings we disregard the first £6,000, then apply a standard calculation to the remainder which results in £1 for each £250* of value, or part thereof, being added to the weekly income.
*This figure is increased to £500 if the Claimant is aged 60 or over.
e.g. if the total Capital is £7,200 the first £6,000 is ignored and the remaining £1,200 gives 5 lots of £1 to be added to the weekly income of the Claimant.