Housing benefit for private tenants
Housing benefit for City of London tenants
General
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 the 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
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.
What is
Local Housing Allowance (LHA)?
Local Housing Allowance (LHA) is a type of housing benefit
for private tenants. LHA was introduced in April 2008 for people on
a low income who rent from private landlords. It is based on the
number of bedrooms you and your household need, not the amount of
rent you pay.
Can I get
LHA?
If you rent your home from a private landlord and make a new
claim, have a break in your claim or change address you will get
LHA if you are entitled to Housing Benefit.
Who cannot get
LHA?
You cannot get LHA if you:
- are a council or housing association tenanthave a tenancy that
started before 1989
- live in a caravan, hostel or houseboat
- live in supported housing provided by social landlords,
charities or voluntary organizations, who also provide care,
support or supervision
- live in board and lodgings.
How many bedrooms
do I need?
You are allowed one bedroom for:
- A couple
- Any other adult aged 16 or over
- Any 2 children of the same sex aged under 16
- Any 2 children aged under 10
- Any other child
For single people under 25 the LHA rate is based on a room in
shared accommodation, such as a bedsit or a room in a property
where kitchen and bathroom facilities are shared with other
tenants.
How much LHA can I
get?
The rates for LHA are set monthly by the Valuation Office Agency
and vary depending on the size of the property.
You can find out the LHA rates for the City of London at the
Valuation
Office Agency’s website. The LHA rate is the maximum amount of
housing benefit you can get. The actual amount you get will depend
on:
- Who lives with you
- What money you have coming in
- What savings you have
- How much your rent is
What if my
rent is lower than the LHA?
If your rent is no more than £15 a week less than the LHA rate,
you can keep the difference. If your rent is more than £15 a week
less than the LHA rate, you can keep £15.
This will not affect any other social security benefits you may
get.
What if my
rent is higher than the LHA?
The City of London cannot pay more than the LHA rate. You will
have to pay the difference from your other income. In exceptional
circumstances you may be able to get a
Discretionary Housing Payment to help pay the difference. You
can ask us for more information about this.
How is LHA
paid?
Your benefit will be paid directly to you every four weeks in
arrears and you will have to pay your landlord.
The easiest way is to have it paid into a bank or building
society account and you can arrange for your bank or building
society to pay your rent to your landlord. If you do not have an
account and need help opening one you can get advice from the
government website
Directgov.
We will pay your benefit to your landlord if:
- you are 8 weeks or more in arrears with your rent or
- you are having deductions from your Income Support or
Jobseeker’s Allowance to pay off rent arrears
We will also consider paying your benefit to your landlord
if:
- we have reason to believe you will not use your benefit to pay
rent or
- you have or are likely to have difficulty in managing your
finances.
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 my rent
paid?
It is paid weekly directly to your rent account. We will send
you a rent chargecard showing the amount of housing benefit 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?
No.
You cannot get housing benefit to help you pay your water rates,
heating and hot water or support charges that may be included in
your rent and we may also make a deduction from your housing
benefit if you have a non-dependent living with you.
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
The 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 - £10,000 from 2 November 2009)
and £16,000 this will affect the amount of your benefit.
What if I am on income
support, Job Seeker's Allowance or Employment Support
Allowance?
Even if you are on income support, job seeker's allowance or
employment support 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 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?
Benefit usually starts from the Monday following the date a
claim is received at this office but it can start from the date you
first contacted us if we receive your claim within a month of this
first contact. 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 will be decided on
your individual circumstances and you should provide as much
supporting information and evidence as possible.
There are no time limits on making a backdating request.
From 6 October 2008, Housing Benefit and Council Tax Benefit can
be backdated for up to six months if you are of working age. People
of pension age may have their claims backdated for three
months.
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 City of London 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 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 for your case to be heard. 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 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.