A question about : A guide to benefits; please read before posting.
Hi, the Board guides have decided to compile a benefits guide to help posters understand benefits more easily.
If any poster would like us to include any information or believe that any part of it needs updating please email one of the Benefit and Tax Credit Board Guides.
Please note this is a working progress 
If anyone would like to contribute and write one of the guides please let me know, obviously you will be acknowledged.
Update on the budget
Benefits
child benefit will be frozen for the next three years
single parents will be required to look for work when their youngest child goes to school
housing benefit will be limited to a maximum of Ј280 per week for a one-bedroom property and Ј400 per week for a four-bedroom house
a package of cuts to housing benefit from April 2011
health in pregnancy grant will be abolished from April 2011
sure start maternity grant will be restricted to the first child only
from 2013, a medical assessment will be applied to new and existing disability living allowance claimants
the increase in state pension age to 66 will be accelerated
benefits and tax credits, except for state pension and pension credit, will rise in line with consumer prices rather than retail prices
from April 2011, basic state pension will rise in line with earnings, prices or a 2.5 per cent increase, whichever is the greater
Tax credits
payments to families earning over Ј40,000 to be reduced next year
an increase in the taper rate at which awards are reduced
from April 2011, the baby element for new children will be removed
from April 2012, the one-off payment to new workers over 50 will be removed
a reduction in the income disregard from Ј25,000 to Ј10,000, and then Ј5,000
the introduction of an income disregard for income falls
backdating reduced from three months to one month
National insurance
from April 2011, the threshold at which employers start to pay national insurance will rise by Ј21 per week above indexation
anyone who sets up a new business outside London, the south-east and east of England will be exempt from up to Ј5,000 of national insurance contributions for each of the first ten employees they hire
Income tax
from April 2011, the tax free personal allowance will rise by Ј1,000 for people under 65
the higher rate income tax threshold will remain frozen to 2013/14
from CAB.
Best answers:
- Acronyms
AA Attendance Allowance
CA Carers allowance
CAB Citizens Advice Bureau
CB Child Benefit
CTB Council Tax Benefit
CTC Child Tax Credits
DLA Disabilty Living Allowance
DM Decision Maker
DMG Decision maker's Guide
DWP Department for Work and Pensions
ESA Employment Support Allowance
GA Guardian's Allowance
HB Housing Benefit
HIP Health in Pregnancy Grant
HS Healthy Start
IBESAIncome based employment support allowance.
IB Incapacity Benefit
IS Income Support
JCP Job Centre Plus
JSA Job seekers allowance
LA Local Authority
LHA Local Housing Allowance
MA Maternity Allowance
NICs National Insurance Contributions
PC Pension credits
SDA Severe disablement allowance
SDP Severe disability premium
SMG Sure Start Maternity Grant
SMI Statutory Mortgage Interest
SMP Statutory Maternity Pay
SP State pension
SPP Statutory Paternity pay
SSP Statutory Sickness Pay
TC Tax Credits
TCO Tax Credit Office
WTC Working Tax Credits
WP Widow's Pension
Index to other guides
Benefits abroad
Benefit disregards
benefits and epilepsy
Bereavement allowance
Bereavement payment
Earnings disregards
Extended payments [housing costs]
Free school meals [England and Wales]
Help with health costs
In work credit
Job Grant
Overlapping benefits
Return to work credit
Self-employment credit
Tax credit overpayments information
Widowed parent's allowance - Attendance Allowance
Who can apply
For over 65s who have care needs.
A non-means tested benefit and it has no impact on any other benefits and is not counted as income.
Claimants should need frequent help with personal care issues such as toileting, dressing, washing, eating and supervision to avoid harm to themselves and others.
You must have had the care needs for 6 months before a claim can be made (special rules for terminal illness).
To claim call 0800 055 66 88
More information - Carer's Allowance
An applicant should be caring for an individual who recieves Attendance Allowance or Disabilty Living allowance care component at either middle or higher rate.
The applicant must be over 16 years.
They must not study more than 21 hours per week (direct tuition and time spent on the course work at home is counted within these hours)
They can earn up to Ј100 per week on average.
It is classed as income for other benefits and is an overlapping benefit.
Carer's Allowance will be paid up to;
12 weeks if you're in hospital;
4 weeks for any other reason such as a holiday.
It can be paid for 8 weeks after the death of the person who is being looked after.
To claim call 01253 856123 or 0800 055 66 88 (JCP)
More information - Child Benefit
For parents with qualifying children. It is non-means tested and is not dependent on income.
First child = 20.20 per week
other children = Ј13.40
Qualifying young people
Education
Studying more than 12 hours on a non-advanced course up to level 3 (A Levels or NVQ3) or Scottish Level 2 NVQ.
Approved Training
On specified non-paid vocational training arranged by the government.
Who can claim
a) For children under 16
b) aged 16 who has left education or training until the 31st August following the child's 16th birthday whether they attend school or not.
c) Aged 16 or 17
recently left education or training and;
registered for work, education or training with an approved organisation and is within the child benefit extension period [starts on the monday after the education or training stops and lasts for 20 weeks or up until their 18th birthday, which ever is earliest].
d) aged 16 or over but under 20 and in full time education or approved training.
e)Aged 16 or over and under 20 and has completed a full time non-advanced education course or approved training and is enrolled or accepted on a continuing course before their 19th birthday.
You cannot claim CB if YOUR CHILD IS;
married or in a civil partnership
cohibiating, unless their partner is in relevant education or approved training
getting IB, IBESA, IS, IBJSA or WTC
In prison.
To claim you will usually get a application form in your Bounty pack given by the midwife or call 0845 302 1474
Further information - acknowledged- hippy-chicy
Council Tax Benefit
You must be liable to pay council tax. (full time students are not eligible to pay council tax, people under the age of 18 etc)`
You must have less than Ј16000 in savings or capital, unless you are claiming guaranteed Pension Credits and your savings are totally disregarded.
Council tax benefit is means-tested and dependent on your household income and capital.
For working age (Under 60)
You can have up to Ј6000 in savings and capital before CTB is reduced by Ј1 for every Ј250 or part of above that amount.
For Pension age (over 60)
You can have up to Ј10 000 in savings and capital before CTB is reduced by Ј1 for every Ј500 or part of above that amount.
If you are the only adult in the household you get a 25% discount off the council tax bill.
Second Adult Rebate
Second adult rebate is awarded when a person has a second adult living in their home who has a low income. Second adult rebate can reduce your council tax bill by a maximum of 25%.
The rules for claiming second adult rebate differ from that of main council tax benefit because the income and capital of the claimant is not taken into account. It is the income and capital of the second adult(s) that is counted.A second adult is somebody who is 18 or over and who is living in your household on a non-commercial basis.
A second adult can be:
an adult son or daughter
a relative
a friend
A second adult cannot be:
a partner
a tenant/boarder/lodger
a joint tenant
a person who is disregarded for council tax purposes.
How to claim
Get an application form from your local authority .
more information - Tax Credits
Tax credits are worked out on the previous tax year's income. You will avoid any overpayments as long as you notify TCO if you earn more than Ј25000 in the current tax year than you did in the previous tax year
If your circumstances change and you are earning less money them you can ask TCO to work out your entitlement on the current tax year, however be warned that if you under estimate your income then you are guaranteed to get an over payment, make sure you over estimate to be on the safe side.
If you are claiming disabilty benefits you maybe entitled to extra disabilty premiums.
You must notify TCO when; [you need to do this within 28 days]
you become single or part of a couple
your hours become lower than the 16 or 30 hours you need to work to be entitled
the number of children you have responsibilty of changes.
A child is no longer eligible for support [i.e if they leave full time education before they are 20]
What income is counted for TC
Employment income before tax
Self employment income
contribution based Benefit income
Other income
You should include the following types of other income - but only if the total was more than Ј300: - income from your savings before tax is taken off
- investments, such as company dividends
- pensions
- income from property
- income from trusts, settlements and estates
- foreign income
- notional income, for example, where income is available to you but you have not taken it
- the Adult Dependant's Grant paid to you if you are a student
- miscellaneous income that is taxable
- maintenance payments received from a former partner
- tax credit payments
- student loans
- student grants, except the Adult Dependant's Grant
- income your children have had, unless it's taxable in your or your partner's name
- the Christmas Bonus and the Winter Fuel Payment
- income from tax-free savings such as Individual Savings Accounts (ISAs), Personal Equity Plans (PEPs), index-linked and fixed-interest National Savings Certificates, Children's Bonus Bonds war pensions
- pensions or annuities paid to victims of Nazi persecution
- Disabilty Living Allowance
Who can claim?
You have to be under 65 year and have mobilty and/or care needs ; it does not take into consideration the name of the illness.
non-means tested benefit so is not treated as income for other benefits and is not dependent on the claimants own capital or income.
Once awarded the claimant can stay on DLA once over 65 years.
Care component
Lower care component
If you are over 16 and need help to prepare a cooked meal or need help with care needs for part of the day.
Middle or higher care component
Claimants should need frequent help with personal care issues such as toileting, dressing, washing, eating and supervision to avoid harm to themselves and others.
Special rules apply to claimants on renal dialysis; for middle care component you must undergo dialysis 2 or more times a week and require the supervison of another person because of the type of dialysis.
Mobility component
The higher rate can be claimed by disabled children from the age of 3 and the lower rate from the age of 5
The higher rate is paid if;
you are unable to walk because of a physical disabilty, or
you are virtually unable to walk because of a physical disability, or
the extertion is required to walk would constitute a danger to oyur health, or
you have no legs or feet, or
you are both deaf and blind and need hwlp outdoors, or
you get high rat DLA care component and you are severely mentally impared with severe behavioural problems.
For lower rate;
if you need guidance or supervision from someone else most of the time walking outdoors on routes you are not familiar with.
How to Claim
0800 055 66 88
0800 88 22 00
Once you recieve your form, there will be a date on the front of it when the forms to needs to be returned by.
It is recommended that you include as much evidence with your form as possible such as a doctor's letter and copies of prescriptions.
More information - Special acknowledgment to healy
Employment Support Allowance
Who can claim
If you are unable to work or have a limited capacity to work because of a disabilty or illness.
ESA replaces IB for new claimants.
Income based ESA- based on household income and savings.
Working less than 16 hours a week and your partner must be working less than 24.
You must study less than 16 hours a week, unless you get DLA.
Contribution based ESA - is dependent on NICS;
you must have paid contribution at least 25 times the lower earnings limit in one of the last three tax years, and
paid or been credited with contributions at least 50 times the lower earnings limit during both relevant years
[Relevant years= 2007-2008 and 2008-2009]
There are special rules for some disabled people who claim wtc.
or; you were aged under 20, or in some cases 25, when your period of limited capability for work began and you had limited capabilty for work for 196 days.
The work capabilty assessment
Weeks 1-13 of your claim.
You are paid a basic allowance.
You could be entitled to severe disabilty, enhanced disabilty, carer or pensioner premiums dependent on your personal circumstances.
1) Limited capability for work assessment
This decides whether you are entitled to claim ESA, if you are turned down you will have to claim JSA.
The assessment looks at a series of activities and you are given points, if your total reaches at least 15 then you are assessed as having a limited capability for work and are entitled to ESA.
Reference
The conditions for being exempt from the ESA medical are:
You are terminally ill and your death can reasonably be expected within 6 months.
You are receiving, or recovering from receiving, intravenous, intraperitoneal or intrathecal chemotherapy.
You have a notifiable disease or have been in contact with someone with a notifiable disease.
You are a pregnant woman and there is a serious risk of damage to your health or to the health of your unborn child if you do not refrain from work.
You are a pregnant woman entitled to maternity allowance.
You are a pregnant woman within 6 weeks of your expected confinement date or 14 days after the date of your confinement where you don't have any entitlement to maternity allowance or statutory maternity pay.
2) Limited capability for work related activity
This is the second stage.
This assessment decides whether you should go in the support group or work related activity group.
This runs from the 14 weeks of your claim.
They look at descriptors such as continence, eating and drinking, communication and mobility.
3) Work-focused health related assessment
Third stage of assessment
Compulsary if you're in the Work related activity group
Assessment is conducted by a medical person in an assessment centre.
If you do not participate your benefits can be sanctioned.
If you're found capable of work you can appeal the decision within 28 days.
How to claim
0800 055 66 88 (JCP) - benefits and epilepsy:
A diagnosis of epilepsy can be very traumatic,and as far as benefits are concerned one of the main criteria is wether or not your condition is controlled by medication.If it is then you should be able to live and work as normal,if it isnt you maybe unable to continue in employment,if this is the case then your GP will issue a sick-note so you can claim SSP from your employer,after that you will then move to ESA(the replacement for incapacity).
Epilepsy will often give rise to care and or mobility issues and if this is the case then you should consider applying for DLA(disabilty living allowance)a benefit that can be paid if you work or not,it also is tax free and doesnt have any affect on means tested benefits(in fact it can mean getting additional payments also)
I found in the early days following my diagnosis that the National Society Epilepsy were a great help with their free advice line and great website which also includes a forum(all free) the link for this is below,of course other organisations also do great work.
https://www.epilepsysociety.org.uk/Homepage - Health in Pregnancy grant
One off non-means tested tax free grant available from the 25th week of pregnancy.
Your midwife or GP need to give you a claim form and sign it to confirm that you have had health and welfare advice.
You should send this with 31 days or you could lose your payment.
For problems concerning the HIP ring 0845 366 7885
More information - Healthy Start
This scheme provides fixed valued vouchers that can be exchanged for milk, infant formula, fruit and vegetables.
It is for pregnant women from the 10th week of pregnancy and children under four years old in families who recieve IS, IBJSA, IBESA or CTC (where there is no entitlement to WTC and an annual income of less than Ј16,190).
Claims forms are availble from your midwife or health visitor or by calling 0845 607 6823.
More information - National Insurance contributions
Class 1 - paid on earnings of Ј110 per week or over.
People earning between Ј97-110 will be treated as having paid NIC.
Class 2- paid by self employed people (unless excempt because profits are low) at a flat rate of Ј2.40 per week.
Class 3 - voluntary contributions.
Only gives entitlement to state pension and bereavement benefits.
At a flat rate of Ј12.05 per week.
Class 4 - paid by self-employed people with profits between Ј5715 and Ј43875.
Prior to 1977 married women could chose to pay a reduced contribution. This gives no entitlement to benefits, if you are still doing this you should seek professional advice to see whther it is worth opting to pay the full contribution rate.
National Insurance credits
You can be credited with NICs which can satisfy the contribution conditions for contribution based benefits. The main circumstances for being entitled to one contribution credited per week are;
Unemployment [if you meet the qualifying conditions for JSA]
Incapacity or limited capability for work.
Age 16-18, if credits are needed.
Men who have reached the PC qualifying age, if credits are needed.
Recieving CB for a child under 12.
Foster parents
Caring for severely disabled person for at least 20 hours per week. - Guardian's Allowance
This benefit can be claimed for anyone who is responsible for a child or young person who is not your birth or adopted child.
It can be claimed if both of the child's parents are dead, or one is dead and the other is either;
untraceable and their location is unknown
in prison with a minimum of two years left to serve or is detained in hospital by order of a court
divorced and not liable for either maintenance or custody of the child.
This is a non-contributory benefit and is ignore as income for means tested benefits and tax credits.
It can be paid on top of child benefit, however it overlaps with child dependant additions paid with non-means tested benefits.
How to claim
call 0845 302 1464
More information - Overlapping Benefits
Some means-tested benefits are overlapping which means you can not claim two of them at the same time. If there is entitlement to more than two overlapping benefits then the contributionary benefits will be paid instead of the non-contributionary benefit, which can be topped up by the non-contributionary benefit if needed.
The overlapping benefits are;
Bereavement Allowance
CA
CBJSA
CBESA
IB
MA
SDA
SP
WP
Widowed Mother's or Widowed Parent's Allowance.
SSP can be paid at the same time as Bereavement and Widow's benefits, CA and SP but not with any other benefit on the list.
CA is usually paid instead of SDA - State Pension
Can be claimed once pension age has been reached.
Before 6th April 2010 the pension age for women was 60 and for men was 65.
Pension age for women will be raised from 60 to 65 between April 2010 -2020.
If you were born after 5th April 1959 your pension age is 65
You can check your state pension forecast by ringing 0845 300 0169
The basic state pension can be reduced if you do not have enough NICs.
The SP can be increased by;
an additional pension under the SERPS scheme or State Second Pension
a graduated pension
25p age 80 or over.
Earnings do not affect the SP, however the pension is taxable.
Pensions counts as part of income for means tested benefits.
It is an overlapping benefit.
Additional State Pension
You can build up additional State Pension if you are below State Pension age and you are: - employed and earning over Ј4,940 (from any one job)
- looking after children under 12 years old and claiming child benefit
- caring for a sick or disabled person for more than 20 hours a week and claiming Carer's Credit
- a registered foster carer and claiming Carer's Credit
- receiving certain other benefits due to illness or disability
- Statutory Maternity Pay
You can only claim SMP if you are pregnant and employed.
Paid up to 39 weeks whist you are on maternity leave from work.
You do not have to repay this if you decide not to go back to work.
You must have worked for the same employer for 26 weeks by the qualifying week [15th week before the week in which your baby is due].
To qualify you must at least have average earnings of Ј97 per week.
Higher Rate 90% of your average earnings for 6 weeks
Lower Rate Ј124.88 or 90% of average earnings, which ever is lower for the remaining 33 weeks.
You can claim SMP from the 11th week before the baby is due.
This is a non-contributory benefit and is counted as income for some means tested benefits.
It is counted as earnings with a disregard for HB, LHA and CTB.
For the purposes of TC deduct Ј100 per week, which is disregarded.
How to claim
You must notify your employer 28 days before you are intending on going on maternity leave.
You may need to do this in writing.
The employer requires evidence of when the baby is due by giving them a copy of the MATB1 issued usually by your midwife.
More information - Maternity Allowance
This can be claimed if you're pregnant or recently given birth and do not have any entitlement to SMP.
You can be either employed or self-employed.
You must have worked for 26 weeks in the 66 weeks before the baby is due.
The 26 weeks can be combined self-employment and employment.
Your average wage must be Ј30 per week.
MA is paid for 39 weeks and can start from the 11th week before the baby is due.
90% of your average weekly earnings or Ј124.88, which ever is less.
Ј124.88 if you're self-employed and paid class 2 NICs for at least 13 weeks in the 66 weeks before the baby's due date.
90% of Ј30 if you had a small earnings exemption from paying NICs for 13 weeks in the 66 weeks before the baby is due. You will be treated as earning Ј30 per week.
MA is a non-contributory benefit and is treated as income for means tested benefits.
For the purposes of TCs it is totally disregarded.
How to claim
You can get the form from your midwife or JCP.
Your employer, if you are not entitled to SMP, will give you an SP1 form to send to the DWP.
More information - Statutory Paternity Pay
A parent is entitled to paternity leave who;
expects to have responsibility for the child's upbringing, and
is the biological father or the mother's husband or partner, and
has worked continuously for their employer for at least 28 weeks.
SSP is available for those entitled to Paternity Leave and earn at least on average Ј97 per week.
It is payable to both men and women.
It is made for a maximum of 2 weeks by the employer.
The earliest is can start is on the date of the baby's birth or adoption placement and the lastest it can be claimed is 8 weeks after that date.
Ј124.88 a week if you have earned Ј97 a week or more or 90% of average earnings, which ever is lower.
SPP is non-contributory and is counted as income for means tested benefits.
It is counted as earnings disregards for HB, LHA and CTB.
Ј100 is disregarded per week for TCs purposes.
More information - Housing Benefit
If you're on a low income, whether you're working or not, and need financial help to pay all or part of your rent, and live in either a council or housing association property, you may be able to get Housing Benefit.
You can't usually get Housing Benefit if: - you have savings of over Ј16,000, unless you are getting the 'guarantee credit' of Pension Credit
- you live in the home of a close relative
- you're a full-time student (unless you're disabled or have children)
- you're an asylum seeker or are sponsored to be in the UK
- to you by cheque
- by Direct Payment into your bank or building society account
- you pay a registered 'fair rent' (eg you are a regulated tenant)
- a substantial part of your rent is for board and attendance (such as in a hotel)
- change address
- have a break in your claim
- husband or wife
- civil partner
- partner
- parent or step-parent
- father-in-law or mother-in-law
- child or step-child
- son-in-law or daughter-in-law
- brother or sister
- brother-in-law or sister-in-law
- partner of any of the above.
- that you're paying rent on a commercial basis. In other words, that it's a proper tenancy, not just an informal arrangement between family.
- that the arrangement has not been set up in order to take advantage of the housing benefit system - this is called a 'contrived tenancy'. For example, if your landlord only asks you to pay rent when you are not working (and so are eligible for housing benefit), but not when you are working (and earning too much to claim housing benefit), this would be a contrived tenancy.
- you have to pay child maintenance
- you have to pay legal costs
- you have extra heating costs because you spend a lot of time at home because you are sick or have a disability
- you have additional travel costs because you travel to a doctor or hospital or you care for a relative or friend
For example, if your total other income from any of these added together was Ј421, only include Ј121 (Ј421 less Ј300).
There are exceptions to this rule though. For the following types of other income you should include the full amount - don't deduct Ј300:
What not to include
Don't include:
Working Tax Credits
Who can claim
If you have a child/children or a disabilty that puts you at a disadvantage of getting a job* you must be over 16. You must work at least 16 hours per week and if you are part of a couple only one of you have to work the 16 hours to be eligible, however you can combined your hours [both have to work at least 16 hours] to make them up to 30 hours.
* You have to satisfy two tests;
disabilty test - provides a number of descriptors relating to perform a range of activitites.
benefit test - is the claimant recieving IB, ESA or DLA.
If you do not have a disabilty or children you have to be 25 or over. You need to work at least 30 hours a week.
There are different salary cut off points depending on your personal circumstances i.e a single person, with no dependent children is alot lower then a couple with children.
If you are claiming SMP or MA you are still entitled to claim WTC until 39 weeks. When calculating your income for WTC which claiming MA and SMP, MA is totally disregarded and for SMP you deduct Ј100 per week only declaring the left over amount.
You are entitled to WTC if you are claiming SSP.
Childcare element - up to 80% of eligible childcare costs up to Ј175 for one child or Ј300 weekly for more than one child.
For children up to the september following their 15th birthday or after their 16th birthday if they are disabled.
Relevant childcare is; registered childcare providers such as nurseries, out of school clubs and child minders.
Who is entitled to claim it
For a couple both have to work 16 hours each per week; unless one of the couple is incapacitated and only one of the couple has to work 16 hours.
A single person has to work 16 hours each per week
Child Tax Credits
You must be at least 16 years old to claim CTC.
If you are part of a couple you must make a joint claim.
A child is included in the claim up until 31st August following their 16 th birthday or up to 20 if they are in full time education or on work based training.
You do not have to work to be entitled to CTC.
Elements of CTC
Ј545 family element
Ј545 baby element [paid until baby's first birthday].
Ј2300 child element per child
Ј2715 disabled child element for each child who claims DLA or is registered blind.
Ј1095 severely disabled child element for each child on the highest component for care in DLA.
All of these elements are reduced dependent on household income
How to claim
Ring 0845 300 3900
If you are employed and have a pension then you may be 'contracted out' of the additional State Pension. This means you probably do not build up additional State Pension. Find out more in 'Contracting out of the additional State Pension' below.
SERPS and the State Second Pension
The additional State Pension has gone under different names in the past. You used to get additional State Pension through the State Earnings-Related Pension Scheme (SERPS). See 'SERPS and the State Second Pension' to find out more.
Reference
Deferred Pension Payment
You can decide to delay claiming your SP.
This means you could get either an higher weekly SP rate or a one off taxable lump sum payment.
However, to get an extra weekly amount you must delay claiming your SP for at least 5 weeks (1% for every 5 weeks delay).
You can claim the lump sum payment if you have delayed claiming your SP for a least 12 months in a row.
How to claim
You should automatically recieve a claim form four months prior to reaching state pensionable age.
If you have not recieved this you can call 0845 60 60 265.
Important Note: Child Benefit is no longer counted as income when working out how much Housing Benefit or Council Tax Benefit you can get.
If you live in council accommodation or other social housing, the most Housing Benefit you can get is the same as your 'eligible' rent.
If you are a council tenant, your council will pay any Housing Benefit straight into your rent account.
If you're not a council tenant, your Housing Benefit will be paid:
Local Housing Allowance
LHA was introduced nationally from 7 April 2008 and now applies to most new claims by private tenants. However, there are some exceptions. If you rent from a private landlord, you will not be assessed using the local housing allowance rules if:
you rent a hostel, caravan, mobile home or houseboat.
If you were already claiming housing benefit when LHA was introduced in your area, you may continue to receive housing benefit for a while, but your claim will be switched to local housing allowance when you make a new claim, change address, or your circumstances change.
Local housing allowance does not apply to council tenants, or those renting from a housing association (see Housing Benefit)
If you rent a property or room from a private landlord, your Housing Benefit will be calculated with the Local Housing Allowance rules.
If you are a private tenant renting property or room from a private landlord and you are on a low income, you may be able to claim and receive Local Housing Allowance.
If you have been getting Housing Benefit since before 7 April 2008 the Local Housing Allowance will only apply to you if you:
With the Local Housing Allowance, your Housing Benefit is worked out according to where you live and who lives with you. Local Housing Allowance rates are set for different types of accommodation in each area. The rates range from a single room in a shared house up to properties with five bedrooms.
Local Housing Allowance rates are calculated each month for individual areas. You can check these locally on your local council's website or by visiting the Local Housing Allowance Direct website www.lha-direct.voa.gov.uk/Secure/Default.aspx
This will tell you how much help with your rent you might get before you find somewhere to live, making it easier for you to decide what property you can afford.
Shelter (https://england.shelter.org.uk/get_advice) is a website that can offer help, advice and support in all matters from homelessness, eviction, renting and leaseholders to repairs and neighborhood issues.
FAQ
Can I get Housing Benefit if I am living with my parents?
If you are renting a home from a family member and they live in the same house, you won't be able to get housing benefit, even if you are paying them rent.
A close relative is a:
Can I get LHA if I rent a house from my parents?
If you live in a property owned by a family member and pay them rent, you may be entitled to LHA. However, this will not be the case if you (or your partner) are responsible for a child and are renting from the other parent of that child.
The council will also want to check:
I have a mortgage - can I get Housing Benefit to help with the mortgage?
No, you cannot claim HB or LHA on a property you own. If you are claiming the relevant benefits you should begin to receive mortgage interest relief after the 13th week of your claim. You can only claim help on mortgages up to the value of Ј200,000.
My rent is lower than the LHA I am receiving. Can I keep the difference?
If you do not have to pay anything towards your rent, you can keep the difference (up to a maximum of Ј15 per week) between your actual rent and the local standard rent.
Can I rent something bigger than the LHA say I need?
Yes, although you will have to make up the difference in rent.
How do I claim HB or LHA?
When you want to make a claim, you should phone the housing and council tax benefit department at your local council to let them know that you want to make a claim. You can find the contact number in the phone book or your council's website. They will then send you a claim form.
Make a note of the date and the name of the person you spoke to at the council. This is important because, if you are entitled to housing or council tax benefit, it will be paid from the Monday after the date you told the council you wanted to make a claim, not the date you actually handed your form in.
What is a Discretionary Housing Payment?
If you get some housing benefit or council tax benefit but are having difficulty paying the rest of your rent yourself, you may be able to get a discretionary housing payment.
A discretionary housing payment can be paid to you if the council believes that you need further help with housing costs. This may include help with paying off arrears in some circumstances, although not if you were receiving enough housing benefit to pay all of your rent at the time the arrears built up.
A discretionary housing payment cannot be paid if the reason for shortfall is that your housing benefit has been reduced to recover an overpayment
Other than the ones above, there are no rules about who can get discretionary housing payments. Each housing/council tax benefit department is given a pot of money and they are allowed to decide who should be given the payments.
The housing benefit department will usually take into account any special circumstances that contribute to your financial difficulties, for example, if:
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You will have to fill in a claim form. You will be able to get this by phoning or going into your local council office. Be sure to ask for a discretionary housing payment form, as it is different to the form that you will have filled in when you first claimed housing or council tax benefit.
You will be asked to give evidence of your expenditure (ie the money you have going out). This could be a copy of a bill or your bank statements. You should also provide any information about your circumstances that make things difficult for you financially.
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