03 September 2010The maximum Council Tax Benefit you can get is 100% of your bill. People getting Income support or income-based Jobseeker's Allowance usually qualify for the maximum. For other people the benefit is worked out after any discounts, such as the 25% discount for living alone, are applied.
If you have someone living with you who is a non-dependant (ie over 18, but not your partner, lodger or a sub-tenant), a deduction may be made according to that person's circumstances.
Who can claim Housing and/or Council Tax Benefit?
Can I claim Housing and/or Council Tax Benefit if I have savings?
Yes, if your (and your partner's, if you have one) total savings are under £16,000 or if you are in receipt of Income Support/Job Seekers Allowance (IB) or Employment and Support Allowance (IR), or the guarantee part of Pension Credit. Savings below £6,000 are ignored (£10,000 for Pensioners). Savings above this amount reduce the amount of benefit you will receive. Please note that if you have a partner both your savings will be added together. If you are in receipt of Income Support/Job Seekers Allowance (IB) or Employment and Support Allowance (IR) or the guarantee part of Pension Credit, savings are not taken into consideration and you would usually get maximum Housing and Council Tax Benefit.
Savings, for benefit purposes, include cash, money in bank/building society accounts, National Savings Certificates, income bonds, stocks and shares, property or land you own (but not the home you live in) and Premium Bonds.
Can I claim Housing and/or Council Tax Benefit if I work or have another income?
Yes you can, but the more you earn, the less benefit you are likely to get. You should apply to find out if you are entitled. Income includes any earnings, pensions (state, occupational and personal pensions) and most social security benefits such as Pension Credit (savings), Income Support, Job Seekers Allowance, Incapacity Benefit and Employment and Support Allowance.
Pension Credit guarantee credit will be ignored, as will voluntary or charitable payments.
Can I claim Housing and/or Council Tax Benefit if I am self-employed?
Yes you can. You will need to give us proof of your self-employed earnings. This would normally be your audited accounts for the last year of trading. If you do not have audited accounts, or they are not up to date, you will need to complete a Self Employed Earnings Certificate (
PDF File 75KB file details). For more information see our leaflet – A Guide for Self-Employed People ( PDF File 809KB file details).
Who cannot get Housing Benefit and Council Tax Benefit?
There are some people who cannot get Housing Benefit and Council Tax Benefit, even if they are on a low income. For example, if:
Please note that this list above is not exhaustive; please contact Benefit Services for full details if you are unsure whether you can get Housing and Council Tax Benefit.
What does Housing Benefit help with?
What does Housing Benefit not help with?
This is a Council Tax Benefit for individuals who share their home with someone other than a partner who is 18 years or over on a low income or in receipt of Income Support/Job Seekers Allowance (Income Based). The second adult must not be a joint tenant with you, nor paying you rent to live in your home. The maximum Second Adult Rebate payable is 25%. The level of discount will depend on the second adult's circumstances and income.
To claim Second Adult Rebate you must complete a Housing & Council Tax Benefit Application Form ( PDF File 233KB file details) and provide proof of the second adult's income. You do not have to provide details of your own income or savings but we will need proof of your identity and National Insurance number.
If you are entitled to Council Tax Benefit and Second Adult Rebate we will automatically award the larger of the two amounts.
How do I claim Housing and/or Council Tax Benefit?
You complete (or have completed on your behalf) a Housing & Council Tax Benefit Application Form ( PDF File 233KB file details) which can be downloaded or picked up from our offices. Alternatively, call Benefit Services and ask us to send you one. Our forms and leaflets can be explained in other languages - please phone 01732 227000.
Return the form to us within one month - delays can mean you lose benefit. If you do not have all the proof of income and investments to hand at the time you complete the form, send what you do have and the rest as soon as you can. Documents supplied must be originals and they should be received within one month of your application. If you need longer please call us and tell us. We will photocopy your documents and return them to you immediately.
Once we have reviewed your application we will write and tell you if you qualify or not. How speedily we are able to do this depends on how quickly you give us all the information we require.
What identification proof do I need to provide?
If you cannot find proof or do not have a National Insurance Number please call us.
What proof of rent do I need to provide?
You must provide evidence that you are currently liable to pay rent. This could be a tenancy agreement, rent book or letter from the landlord or landlord 's agent.
The proof must include:
What proof of my income do you need to see?
Income is any money you have coming in – it includes earnings, pensions and any benefits such as Child Benefit, Tax Credits, Income Support, Job Seekers Allowance, Incapacity Benefit, Employment and Support Allowance, or Disability Living Allowance.
If you are in receipt of Pension Credit the only proof we need is the award letter from the Pension Service.
For earned income we need:
Your pay slips must be the most recent ones.
If you have just started work write and tell us what you think you will be earning. Then, when you get your pay slips, send them to us and we will reassess your claim.
For benefits we need:
Benefit or pension slips, award letters or similar
For maintenance we need:
Original court order or CSA notification
For tax credits we need:
Award letters
What proof do you need to see of my investments and savings?
We need the last two months' bank statements for all accounts, up to date building society or post office passbooks for all your accounts, plus any share certificates, national savings certificates and premium bonds you hold.
A non-dependant is someone aged 18 years or over who lives with you in your home who is not a lodger or tenant, for example an adult son or daughter or an elderly relative.
Housing Benefit and Council Tax Benefit are normally reduced for each non-dependant living in your home because it is expected that they will contribute towards the housing costs. This is called a non-dependant deduction. The amount of the non-dependant deduction is set annually by the Government and varies according to the circumstances of your non-dependant. The non-dependant deduction is made regardless of whether or not the person actually contributes towards your housing costs.
No deduction is made if the non-dependant living with you gets a youth training allowance, usually lives elsewhere, has been in hospital in-patient for more than six weeks, is a prisoner, or is in receipt of pension credits.
No deduction is made if you or your partner are registered blind or receive Attendance Allowance or the care component of the Disability Living Allowance.
No deduction is made from your Housing Benefit if the non-dependant adult living with you is less than 25 years old and receives Income Support or Jobseeker's Allowance (Income Based), or is a student (although a deduction would be made if they have a paid job during the summer holidays).
No deduction is made from your Council Tax Benefit if the non-dependant adult living with you is getting Income Support or Jobseeker's Allowance (Income Based).
A non-dependant deduction will not be taken if the non-dependant is in receipt of Pension Credits.
Do you ignore any of my earnings?
Yes, we ignore a set amount of your earnings every week. The amount we ignore depends on your circumstances.
We count the money you earn from work after money has been taken out for:
We also do not count the first:
In certain circumstances if you work 16 hours or more, we also ignore an extra amount from your earnings.
This depends on:
If you have other adults (other than your partner, tenant, or lodger) they will be considered a non-dependant' and a deduction may be used in the calculation depending on their income and circumstances.
If you live in your home and receive Housing Benefit, or rent from a social landlord (eg Housing Association), you are not affected by Local Housing Allowance, which was introduced on 7 April 2008. The amount you receive depends on the above.
However, since 7 April 2008, if you rent from a private landlord or you have a break in your claim of one week or more your rent will be considered under the Local Housing Allowance scheme. Local Housing Allowance is based on:
With LHA, you will know before you find somewhere to live how much help with your rent you might get. By knowing how much you might get, it is easier for you to decide what type of property you can afford.
If you are looking for somewhere to rent you can choose to:
The following examples show how this works. These examples are for tenants who are entitled to the maximum amount of benefit.
Fred's LHA rate is £65 a week. His rent is £60 a week. Fred gets benefit of £65 a week and can keep £5 a week to spend on other things.
Helen's LHA rate is £80 a week. Her rent is £90 a week. Helen gets benefit of £80 a week and has to pay the extra £10 a week from other money she has coming in.
LHA is calculated by the Rent Service for individual areas, known as Broad Market Rental Areas (BMRA's), each month. It is based on the mid point of a list of values for that size of property within the BMRA.
Where are LHA rates published?
We publish the LHA rates each month at our main Sevenoaks office, and our local offices in Edenbridge, Swanley and Hartley. They are available at the Local Citizens Advice Bureaux. They can also be found on the LHA-Direct website.
Different LHA rates apply in different areas. Within those areas, they are based upon the median rent charged by landlords in the private sector properties of various sizes. LHA rates are further broken down into “Room Rates” that apply depending on the size of the household including non-dependants. Size criteria is based on allowing one bed-room for:
The number of living rooms, kitchens and bathrooms is ignored for the purpose of the size criteria.
There is a separate LHA rate for one room with some shared facilities. This applies to people who are under 25 and live on their own, as well as anyone else who is living in non-self-contained accommodation or in a single room 'studio' flat.
If you are eligible for a property with more than five bedrooms, the maximum LHA rate is based on the five bedroom rate only.
When can you pay my Benefit from?
If you qualify for Housing Benefit and/or Council Tax Benefit we usually pay it from the Monday after you claim. We will tell you how much you will receive, how you will get it and the date your benefit will start.
In certain circumstances we are able to pay benefit before the date you claim. This is called backdating. The law says that we can backdate a claim for up to six months for working age customers, from the date of your written request. If there is a good reason why your claim is late, this is known as good cause. Good cause must be continuous for the period you want benefit backdated. All requests for backdating must be in writing.
See our leaflet Can my claim be backdated? ( PDF File 187KB file details) for more information, which includes a form.
If you are currently living in your home and receiving Housing Benefit or renting from/going to rent from a social landlord (eg Housing Association), rental payments will continue as normal, and you can request payments to go to you or your landlord, as you are not affected by Local Housing Allowance. If you are in arrears of eight weeks or more your landlord can request that payments go directly to them.
With LHA, benefit is paid to you and not to your landlord. We can decide in certain circumstances to pay your landlord direct if we decide that you are likely to have difficulty paying your rent, or you owe 8 weeks' rent or more. We will write to you if this is the situation.
It will be paid to you directly into your bank or building society account.
Who can ask for the payments to be made to the landlord?
You, your family, your landlord, or persons acting on your behalf, can request payments to go to your landlord.
If you are not affected by Local Housing Allowance and wish payments to be made to your landlord, write to us and upon receipt of your request we will normally action your request and write to you.
If you are affected by LHA you may request payments still to go to your landlord; however we will need you to complete a Safeguard Form ( PDF File 220KB file details) for payments of LHA to be paid to your landlord. This will need to be fully completed and detail why you feel that you will have difficulties managing your rent and you should provide evidence to support this. If you feel this applies to you, please contact us for a form. Once we have received your completed form we will write to you with our decision.
Completion of this form does not guarantee that payments of Housing Benefit will go directly to your landlord; each application is assessed on its own individual merits.
For further information, read our Sevenoaks District Council's Safeguard Policy ( PDF File 65KB file details).
Does it matter if I don't have a bank account?
Yes. Your Housing Benefit must be paid into a bank account or building society account as it is safer and more efficient.
The Citizens Advice Bureau can give advice and information about how to open a bank account. We also have leaflets on opening a basic bank account available at our office in Sevenoaks. These can be downloaded from www.moneymadeclear.org.uk.
What happens if I don't pay my rent?
As a tenant you are responsible for paying your rent to your landlord.
If you do not pay the rent your landlord may apply to us to have it paid to them, or take other action to recover their money.
If you are in rent arrears your landlord may be able to go to the courts and ask that you be evicted from your home.
Can you tell me how much benefit I will get if I start work?
Yes, just contact us with details of your expected earnings and other income and savings and we should be able to give you an estimate of how much Housing Benefit and/or Council Tax Benefit you would get.
Is there any extra financial help if I go back to work?
Yes, there is extra financial help available. If you go back to work and your Income Support, Jobseeker's Allowance (IB) or Employment and Support Allowance (IR) ends, you may be entitled to an extended payment of your Housing Benefit and/or Council Tax Benefit for up to four weeks. You must have been receiving Income Support or Jobseeker's Allowance for 26 weeks before starting work, and the work must be expected to last for at least five weeks.
Some people who have been receiving Incapacity Benefit and/or Severe Disablement Allowance may also be entitled to an extended payment.
When you tell us you have started work, we will check to see whether you are entitled to an Extended Payment and advise you of the outcome.
I work and have a child. Do you take account of the childcare costs I have to pay?
In certain circumstances we do, but you must use an approved childcare provider. Contact us for details.
What should I do if anything changes while I'm getting Housing and/or Council Tax Benefit?
You should tell us straightaway if your circumstances change. It might affect how much you get, and if you don't tell us you may lose benefit.
If you don't tell us about a change and we pay you too much benefit, you will have to pay it back.
Complete a Change of Circumstances form ( PDF File 222KB file details) fully and send it to us.
For more information see our leaflet Housing and Council Tax Benefit - Changes you need to tell us about ( PDF File 140KB file details).
What should I do if I'm going to temporarily be away from home?
You must tell us if you are going to be away from your home. We need to know the date you are leaving, the date you expect to return and why you will be away.
In some cases we can continue to pay benefit. In most cases you must not intend to be away for more than 13 weeks.
What can I do if I disagree with your decision about my claim for Housing and/or Council Tax Benefit?
Once we have looked at your claim we will write to you with a decision. Our letter will tell you if you qualify or not, how much benefit you will get, how you will be paid and the date the benefit will start.
If you disagree with our decision, you can ask us to:
For more information see our leaflet What do I do if I disagree with your decision? ( PDF File 895KB file details).
What can I not appeal against?
You cannot appeal against the Local Housing Allowance rates for the area you are living in, because these statutory rates are set by the Rent Service, an independent body separate from us. You can however request us to reconsider your claim if you think our decision is wrong.
What are Discretionary Housing Payments?
Discretionary Housing Payments are extra payments made at the discretion of Sevenoaks District Council to help people on Housing and/or Council Tax Benefit who are in serious financial difficulty. They are free-standing payments and can only be made to help with housing costs for a specific time period. The amount of money we have for these payments is subject to an annual cash limit. For more information, see our leaflet Extra help towards your rent & Council Tax ( PDF File 112KB file details).
