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Housing Benefit and Council Tax Rebate - Information for Landlords and Agents
What is Housing Benefit?
People on low incomes can get help to pay their rent. This is called Housing Benefit. Housing Benefit is a national benefit, administered by local councils.
Who can claim Housing Benefit?
Anyone on a low income, paying rent for the home they normally live in can claim Housing Benefit. This may include boarders who get meals as part of their tenancy agreement. Only the tenant can claim, a landlord or agent cannot claim on their behalf.
To get Housing Benefit a tenant must:
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Have a liability to pay rent; and
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Be living in the property as their normal home; and
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Make a claim for benefit.
You and your tenant should not assume that benefit will be paid until you are told in writing by us.
Who cannot claim Housing Benefit?
Tenants may not be able to claim benefit if:
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They live with and pay rent to a close relative;
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They used to live with their landlord as a family member;
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The tenancy is not a commercial one;
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They are renting a former joint home from their ex-partner;
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They are responsible for their landlord's child;
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They used to own the property, which they now rent;
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They live in the home as part of their job;
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They live in a care home;
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They are a student.
If your tenant is not sure whether they will get benefit, they should make a claim or contact us.
What is Council Tax?
Council Tax is a way of paying for council services.
Who must pay the Council Tax?
An owner-occupier or tenant aged 18 or over living in the property is usually responsible for paying the Council Tax.
What is Council Tax Rebate?
People on low incomes can also get help to pay their Council Tax bill. This is known as Council Tax Rebate.
Who can claim Council Tax Rebate?
An Owner occupier or tenant aged 18 or over who is liable for the Council Tax can claim Council Tax Rebate.
Who cannot claim Council Tax Rebate?
In certain circumstances owners who do not live in the property must pay the council tax. They cannot claim Council Tax benefit. The most common example of this is a house in multiple occupation (HMO).
An HMO is where:
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A tenant or tenants rent a room in the property and share facilities, for example a bathroom or
kitchen (or both); and
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Each tenant has a separate tenancy agreement with only their name on it.
In a HMO the landlord or owner is responsible for paying the Council Tax. However, if they have tenants in the property they can charge them for the Council Tax as part of the rent. Please contact us if you need any more information or advice.
How does my tenant claim Housing Benefit?
Tenants who claim Income Support, Employment Support Allowance or Income Based Jobseeker's Allowance will be asked about Housing Benefit and Council Tax Rebate when they claim. The Department for Work and Pensions (DWP) will take their details and pass them on to the council. The DWP will tell the council if the tenant gets Income Support, Employment Support Allowance or Jobseeker's Allowance. They will also pass the Housing Benefit and Council Tax Rebate claim to us.
When your tenant applies for Pension Credit they will be asked whether they want to claim for Housing Benefit and Council Tax Rebate. If they apply by phone, the adviser will ask if they want to claim Housing Benefit or Council Tax Rebate (or both). The Pension Service will take their details and pass them on to the council.
Your tenants do not have to be getting Income Support, Employment Support Allowance, Jobseeker's Allowance or Pension Credit to get Housing Benefit or Council Tax Rebate (or both).
What information do you need to work out benefit?
When we get a claim for Housing Benefit or Council Tax Rebate (or both), we need to know:
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The tenant and their partner's income and savings, unless they are on Income Support, Employment Support Allowance, Jobseeker's Allowance or Pension Credit;
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The tenant's family circumstances, including details about who lives with them; and
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The tenant's rent.
They will also need to provide evidence of their and their partner's National Insurance Number and identity.
What proof of rent do you need?
We need proof of the rent the tenant has to pay. This is usually a tenancy agreement, but could also be a rent book, a letter from the landlord or a letter from the landlord's agent. The proof must include:
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The full address of the property they are renting;
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The full name and address of the landlord;
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The full name and address of any agent;
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The full name of the tenant(s);
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The start date of the tenancy;
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The amount of rent charged;
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How often the rent is payable, for example, weekly, four weekly, monthly;
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The Landlord or agent's signature;
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The tenant's signature;
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The date the document was signed;
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What is included in the rent, for example, meals, gas, electricity, water charges and the
amount charged for these services;
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How long the tenancy will last.
Will Housing Benefit cover the full rent?
Housing Benefit may not cover the full rent that is being charged. Your tenant will have to pay any shortfall.
If the rent includes charges for services, we may need to take the cost of these from the rent before we work out Housing Benefit.
If you are making a new claim , we will use the Local Housing Allowance rates click here for more information:
Local Housing Allowance - Frequently Asked Questions|
Changes of circumstances|
However, there are rent in advance schemes available, click here for further information:
Rent in advance - information for landlords|
What if my tenant is a student?
Most students cannot claim Housing Benefit or Council Tax Rebate (or both). But some students may get Housing Benefit if they:
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Are single parents
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Are a couple with dependant children
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Are disabled
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Are getting Income Support or Jobseeker's Allowance (income based)
If your tenant is a student and wants to know if you will get any benefit they should contact us for advice - our contact details are at the bottom of the page.
How much Housing Benefit will my tenant get?
If your tenant gets Income Support, Jobseeker's Allowance (income based), Employment Support Allowance (income related) or Guarantee Pension Credit, they will normally get the maximum benefit. That is all of the 'eligible rent' and all of the Council Tax, minus any non-dependent charges.
If they do not get Income Support, Jobseeker's Allowance (income based) or Employment Support Allowance (income related) the amount of benefit depends on the size of their household (tenant, their partner and any children) and their income. If the tenant, or any of their family, is disabled, they may get more benefit.
The size of the tenant's household will affect the 'applicable amount' for their claim which the government will set. The applicable amount is the minimum amount of money the government thinks they need to live on.
When will the Housing Benefit start?
We will normally pay benefit from the Monday after your tenant makes their claim (either to us or to the Department of Work and Pensions for Income Support or Jobseeker's Allowance or Employment Support Allowance)
If they are in doubt, they should send us the claim form straight away, even if they are waiting for supporting documents, or they may lose money.
How long will benefit last?
We will pay your tenant benefit until they are no longer entitled to benefit or if their circumstances change. When this happens, we will reassess their entitlement to benefit.
We will issue a review form or visit your tenant during the period of their claim.
What can I do if my tenant has rent arrears?
The Housing Benefit regulations say that if a tenant has rent arrears of eight weeks or more we must:
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Pay the landlord direct; or
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Suspend payment, if it is in the tenant's best interest not to pay the landlord direct.
Please write to us if your tenant owes you eight weeks rent or more so we can decide what action to take.
How long does it take to sort out a claim for Housing Benefit?
All Local Authorities should pay Housing Benefit within 14 days of getting all the information they need to work out benefit. However, benefit is often delayed because we are waiting for information.
We will process your claim on the day of receipt , if you can send or bring in all the supporting evidence we need .
What happens if the tenant's circumstances change?
You or your tenant should tell us straight away, in writing, of any change that may affect their benefit.
If your tenant is on Income Support, Jobseeker's Allowance or Employment Support Allowance
you must tell the Department for Work and Pensions too. If they receive Pension Credit they will need to tell the Pension Service straight away if their income or savings go up or down. The Pension Service will then tell us.
Typical examples of changes in circumstances are:
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a change of address;
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a change in rent;
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the size of the family changes;
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an adult moves into or out of the house;
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the tenant stops getting Income Support or Jobseeker's Allowance or Employment Support Allowanceor
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the tenants income goes up or down.
All changes must be reported to us straight away, failure to do so may be an offence under the Social Security Administration Act.
How do I report a benefit fraud?
If you believe that someone is claiming benefit they are not entitled to, please phone us on the fraud hotline number 0800 731 7111.
Please provide as much information as you can to help us in our investigation. Any information that you give us will be confidential. You can remain anonymous if you prefer.
What if too much Housing Benefit has been paid?
If we have paid too much benefit, we can ask you or your tenant to pay the money back. We will recover the overpayment by:
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taking money from the ongoing benefit of the person claiming;
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taking money from the payment we make to you for other tenants; or
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issuing an invoice to you or your tenant.
What if I or my tenant do not agree with any decision you have made?
If you or you tenant do not agree with our decision you may be able to appeal. The appeal rights are different for tenants and landlords.
Landlords can only appeal against our decision if we decide they should repay an overpayment.f
Landlords cannot appeal about the amount of benefit or the dates it has been awarded for.
Tenants can appeal against any decision we have made about their benefit claim. We tell them about their appeal rights in the letters we send out.
Any appeal must be in writing and sent to the council within four weeks of the decision letter. Any appeal must give the reasons why you think the decision is wrong.
What information will you give me about my tenants Housing Benefit?
If Housing Benefit is paid to the tenant we cannot give you any information about their claim, unless they have given us written permission to discuss their claim with you. We cannot even tell you if they have made a claim.
If we pay their Housing Benefit to you, we can tell you:
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the date benefit starts and ends;
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the weekly amount of benefit and how often it is paid;
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the amount we are taking from benefit to recover an overpayment; and
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details of any payments directly to you.
Where can I get more advice?
If you want more help or advice, contact us:
Gloucester City Council Benefit help line 01452 396483
Fraud hotline 08007317111.
Write to Benefits, Investigations and Welfare Rights Services, Herbert Warehouse, The Docks, Gloucester GL1 2EQ.
By e-mailing benefits@gloucester.gov.uk| or Beat.benefitfraud@gloucester.gov.uk|
Independent advice
If you need independent advice, contact your local Citizens Advice Bureau or Law Centre.
Last Updated: 16/03/10
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