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Housing Benefit

 

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We are working together with our partners in Greater Manchester to improve the service we provide to our customers.  For more information about benefits please click on the logo to access our plain English approved joint website.

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IMPORTANT CHANGES TO HOUSING BENEFIT CLAIMS FOR PRIVATE TENANTS
 - CLICK HERE FOR FURTHER INFORMATION ABOUT LOCAL HOUSING ALLOWANCE

Check the Local Housing Allowance Rates for 2008

What is Housing Benefit?
Housing Benefit is a government scheme run by local authorities (councils) to help people who rent their homes. It takes into account the savings and income of the person claiming. It is not paid for electricity, gas, water, meals, laundry and so on.  

Who can claim?
You can claim Housing Benefit if:

  • You have to pay rent and you are on a low income
  • You can claim if you are working (including self-employed) or if you are not working    

Where do I claim?
If you are aged over 60 then you should contact the Pensions ServiceExternal Linkon  0845 60 60 265

If you are in full time work, you should contact the Benefits Section at Contact Warrington, 26-30 Horsemarket Street. Or call 01925 443210 

If you are under 60 years of age and not in full time work, you must claim at the Job Centre PlusExternal Linkwhich is based at Nolan House, Mersey Street. 

  • Visiting us at Contact Warrington, 26-30 Horsemarket Street, Warrington
  • Tel 01925 443210
  • Email revenues&benefits@warrington.gov.uk  
  • Write to us at The Benefits Section, PO Box 13, Warrington, WA1 1BN

You can now also download the Housing Benefit Claim Form PDF Logowhich must be fully completed prior to posting.

How do I claim?
Fill in the Housing Benefit claim form and send it (or take it) to the reception at Contact Warrington, or to the local Job Centre Plus , Nolan House, Mersey Street. Housing Benefit normally starts from the Monday after your claim form is received in the office - even if it is received on a Monday - so do not delay. 

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What counts as income? 

1. Take home pay - plus half of your pension contributions 
2. Self employed income - your books and other information will be needed 
3. State Benefit income - less tax paid 
4. Tariff income - see "Capital" 
5. Children/young persons income 

Is any income ignored?
In certain cases small amounts of income are ignored. These cases and the amounts are shown below: - 

Earnings 

1. Lone parent  £25  per week 
2. Disabled £20 per week 
3. Couple £10 per week 
4. Single £5 per week 
 
1Childcare costs (1 child)£175 per week
2Childcare costs (2 or more children)£300 per week

Other income 

1.War disablement/war widows pensions - 100% 

What counts as Capital?
All savings, investments, shares, or property you own other than the one you live in. 

Is any Capital ignored?
Any capital of less than £6000 is totally ignored 

What is Tariff Income?
If you are under 60, any capital between £6000 & £15,999 is counted as giving you a weekly income of £1 for every £250 (or part) eg. if you have £10,000 in savings the first £6000 is ignored. The £4000 left is calculated as bringing in an income of £16 per week, and this amount is added to your other income and used when assessing your claim for benefit.

If you are 60 or over, any capital between £6000 & £15,999 is counted as giving you a weekly income of £1 for every £500 (or part) eg. if you have £10,000 in savings the first £6000 is ignored. The £4000 left is calculated as bringing in an income of £8 per week, and this amount is added to your other income and used when assessing your claim for benefit.

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What if my rent covers the cost of my meals and share of the bills? 
Housing Benefit cannot be paid for the cost of meals and bills, so any charges included are taken from the rent at the following amounts. 

Meals 

Adult  — number of meals per day 
Three plus £21.60 per week 
Breakfast and another meal £14.35 per week 
Breakfast only £2.65 per week 
Child under 16 — number of meals per day 
Three plus £10.90  per week 
Breakfast and another meal £7.20 per week 
Breakfast only £2.65 per week 

Bills 

Two or more rooms
Heating £15.45 per week 
Hot water £1.80 per week 
Lighting £1.25 per week 
Cooking £1.80 per week 
One room 
Heating/hot water/lighting £9.25 per week 
Cooking £1.80 per week 

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How do you work out what I need to live on?
This is worked out by the government and is called "the applicable amount" which is made up in two parts. 

Personal allowances
An allowance is paid for you, your partner and children (if any). 

Single person  
Under 25 £47.95 per week 
Over 25 £60.50 per week 
  
Lone parent £60.50 per week 
Couple  
Both under 18 years old £72.35 per week 
At least one over 18 years old  £94.95 per week 
Polygamous partner £34.45 per week 
  
Dependent children/young people  
Under 16 years old £52.59 per week 
16 to the day before their 20th birthday £52.59 per week 

Premiums
A premium is paid if you fall into certain groups and is paid in addition to your "personal allowance". 

The premiums are as follows: - 

Family premium
With at last one dependant child£16.75 per week
With baby under 1 year of age£27.25
Family premium 
(Lone parent rate) protected for some claimants£22.20 per week
Lone parent and baby£32.70 per week
Disabled child premium£48.72 per week
Carer premium£27.75 per week
Disability premium
Single person£25.85 per week
Couple£36.85 per week 
Severe disability premium
Single person£50.35 per week
Couple - one qualifies£50.35 per week
Both qualify£100.70 per week

PLUS THE HIGHEST OF ANY OF THE FOLLOWING WHICH ARE PAYABLE 

Pensioner premium  - for people over 60 years of age who do not have a disability. 

Single £63.55 per week 
Couple £94.90 per week 

Enhanced disability premium  – for people less than 60 years of age who are in receipt of the highest rate of Disability Living allowance.  

Single £12.60
Child £19.60
Couple £18.15

What if someone other than my partner and dependent children live with me?
If someone like your parent, relatives or grown up child lives with you they are called "non-dependent" and they are expected to help towards your rent. An amount is taken from your housing benefit — even if you do not get any money from them. 

The non-dependent deductions are as follows for those aged 18 or over and working: 

            
Weekly gross income less than £116 £7.40 
Weekly gross income £116 to £171.99 £17.00 
Weekly gross income £172 to £222.99 £23.35 
Weekly gross income £223 to £295.99 £38.20 
Weekly gross income £296 to £368.99 £43.50 
Weekly gross income over £369 £47.75 

Others aged 25 or over or on Income Support or Income Based Job Seekers Allowance or aged 18 or over and not in remunerative work £7.40 

There is no deduction for 16 and 17 year olds, full time students and people on YT Schemes. 

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What is the maximum amount that can be paid towards my rent?
The most you can get is 100% of your eligible rent less any amount for non dependants living in your home.

If you are affected by LHA, then you could receive up to £15 above the amount of rent you are charged by your landlord.  See Local Housing Allowance

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What do you mean by eligible rent? 
This is the amount of rent you pay, less any limit the Rent Service imposes, and less any charges for gas, electricity, meals etc.

If you are affected by Local Housing Allowance, your amount of benefit will only reflect the number of bedrooms your houshold needs.  See Local Housing Allowance

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How do you work out how much I should get? 
If your income is less than the applicable amount you will get maximum benefit less any non-dependant deductions.

If your income is greater than the applicable amount the maximum benefit is reduced by 65% of the difference between the two, less any non- dependant deductions.

If there are non-dependants in your household, your benefit will be reduced further by the figures already shown. 

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Who decides how much rent I can claim for? 
With privately rented property the Rent Service decides on the amount of rent you can claim for.  The Rent Service is independent and does not work for the council.

The Rent Service will decide on the flat rates of Local Housing Allowance each month.  See LHA Rates

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What if the rent is greater than the benefit payable?
If there is a difference between the amount of rent to be paid and the benefit payable then you must make up the difference. 

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How is benefit paid?
Benefit is paid four weekly or fortnightly in arrears, by cheque to you, or it can be paid direct to your landlord (whichever you have indicated on your claim form).  We can also make payments straight to your bank account (or your Landlords).  We will need details of your bank account and sort code.  Send the details to The Benefits Section, PO Box 13, Warrington, WA1 1BN or phone 01925 443210 for further assistance.

If you are affected by LHA, then you will normally be paid, not the landlord.  See Local Housing Allowance for further details.

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What can I do if I am unhappy with the decision?
If you feel that: - 

 

  • the Rent Officer’s decision is not right, you must write to us 
  • the amount of benefit is not right,

  1. you can ask for an explanation, over the phone or in writing

  2. if you still don't think it is right then you can ask for a reconsideration (a different person will look at the decision made), in writing

  3. if you still don't agree then you can ask for an appeal (this goes to an independant tribunal), in writing.

 

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What if my situation changes?
You must tell us of any change to your situation immediately as this may affect your benefit. These changes include: - 

HOUSEHOLD DETAILS 

if any children leave school, start work or get Job Seekers Allowance 
if anyone comes to live with you or leaves 
if a student child who lives away during term returns during the holiday period 
if you or your partner go into hospital, when you went in and when you left 
if someone living with you stops or starts getting Job Seekers Allowance 
if someone living with you stops or starts work 
if you stop or start caring for a disabled person 

GOING ABROAD 

if you, or your partner leave the country tell us before you go and as soon as you get back 

INCOME DETAILS 

if you start or stop getting Child Benefit, Job Seekers Allowance or any other state benefit 
if there is any change (up or down) in your income or capital 

ACCOMMODATION DETAILS 

if your rent goes up or down, or the service charges change 
if you change accommodation (even if it is to another room in the same property) 

OTHER CHANGES 

if you start or stop getting payment for an invalid vehicle, or an invalid carriage supplied by the state 
if you received a benefit as a student and the course finishes 

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How long does my claim last? 
All claims are reviewed regularly to make sure the information used to work out your benefit is up to date. You should act promptly to provide the information requested to make sure your claim is reviewed within the time allowed.

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Backdated benefit 

When is my benefit paid from?
Housing benefit normally starts from the Monday after your claim form is received at either Contact Warrington, Job Centre Plus or the Pension Service  — even if it is received on a Monday. 

What if I didn’t claim straight away?
If you didn’t claim when you were first entitled to, you might be able to get backdated benefit. 

What is backdated benefit?
Backdated benefit is any benefit paid for a period of time before your claim was received. 

How do I claim backdated benefit? 

You must apply in writing stating: - 

-  the period of time you wish to claim backdated benefit for  

-  the reason why you did not claim benefit before 

-  why you have not been able to claim until now 

AND 

-  supply proof of your income for this period.  

REMEMBER — benefit can only be backdated for up to 52 weeks from the date of asking.  If you are over 60 this may not be necessary - please contact us on 01925 443210 for details.

What happens next?
Your claim for backdated award of benefit will be looked at, taking into account the details you gave in your letter. If you are given a backdated award of Housing Benefit this will be paid in the same way as your usual payment. If you are given a backdated award of Council Tax this will be credited to your Council Tax account. 

If you are not given a backdated award you will be told in writing and given one month from that date to ask for this to be looked at again by a council officer. If you are still unhappy with our decision you can have your case heard by an appeals tribunal (known as the Appeals Service). 

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Can I get benefit for two homes?
Housing Benefit can normally only be paid for the property you are living in.  

However, you may be able to get Housing Benefit on two homes in the following situations: - 

If you are temporarily living somewhere else because of violence or the fear of violence, you may be able to get benefit on your home and your temporary home for up to 52 weeks if you intend to return to your original home. 

OR 

If you have moved into a new home and you are liable for paying rent on your previous home, you may be able to get benefit for both homes for up to 4 weeks, if the situation is unavoidable. 

OR

If you cannot move into your new home until changes are made to meet the disability needs of someone in your family, you may be able to get benefit for both homes for up to four weeks. 

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Can I get benefit before I move in to a new home?
You normally can’t get Housing Benefit until you move in, even if you have to pay rent before you move in. However you may be able to get benefit for up to 4 weeks before you move in, if the following applies: - 

If you could not move in because you were waiting for a Social Fund claim (to help pay for your move or essential items for your new home) to be dealt with and your family has a child under  or you are a pensioner or get a disability income and you are not liable to make payments for any other accommodation 

OR 

You were in hospital, nursing home or residential care when you started renting the property and you are not liable to make payments for any other accommodation 

OR

If you cannot move into your new home until changes are made to meet the disability needs of someone in your family. 

How do I claim?
Write to us as soon as you can, stating the dates and address(es) you want to claim benefit for and explaining why you have to pay rent on two properties. Please send any proof that you have in support of your claim. 

The following items are the type of proofs that are useful. 

A copy of your tenancy agreement that shows that you have to give a certain period of notice 
A letter from the Benefits Agency that shows you have claimed a Social Fund payment 
A letter from your hospital, nursing home or residential home that shows the date of you are expected to leave 

What happens next?
Your claim for benefit will be looked at taking into account the details you gave in your letter. The rules about Housing Benefit on two homes are complex. Therefore, it is always best to check with us first about Housing Benefit, before you agree to take on a second property. 

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Childcare costs
Childcare costs of up to £300 for children under 16 years old, can be ignored from your weekly earnings if you are: a single parent working 16 hours or more each week; or one of a couple who are both working 16 hours or more each week; or one of a couple, where one partner is working 16 hours or more each week and the other partner is unable to work because of illness. Your child must be with a registered childminder or in nursery care. 

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People from abroad 
You are entitled to claim Housing Benefit if you have come from abroad and have permission to stay in the UK indefinitely or permission to stay.  

However, if you have limited permission to stay on condition that you have no recourse to public funds you are not entitled to Housing Benefit. If you are an asylum seeker or a refugee, you must always seek advice. 

The council may also apply a habitual residence test to all claims. This is particularly likely where people have come to live in Britain in the last five years.  

Your habitual residence is the place where you normally live and you will be refused Housing Benefit if you are found not to be habitually resident. If this occurs, seek advice. 

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Minimum Housing Benefit
The minimum payment of Housing Benefit is 50p. It is important that you claim Housing Benefit even if your entitlement is only 50p as it may entitle you to other benefits or allow the local authority to use their discretion to increase your benefit. 

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Extended payments
Housing Benefit will continue to be paid at the existing rate for 4 weeks after a job starts if the claimant has been out of work for over 6 months and the job is expected to last for 5 weeks or more. A claim must be submitted within 28 days of your last day of entitlement to Income support, Incapacity Benefit or Income Based Jobseeker's Allowance. 

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Absence from home
Housing Benefit will be limited to 13 weeks for certain tenants who are absent from their home and who are expected to return to their home within 13 weeks e.g. prisoners with sentence of less than 26 weeks. People who enter Residential/Nursing Home care with a view to it being permanent (trial period) can have Housing Benefit paid for their former home for up to 13 weeks to allow them to make a decision whether to stay or not. The 52 week rule still applies to people going into a home on a temporary basis, (respite), or people in hospital. 

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How can I challenge your decision?
When your benefit has been calculated you can appeal against our decision if you don’t agree with it. You must ask us to look at your claim again within one month of the council writing to you to tell you how your claim has been assessed. We will then look at your claim again and we will write to you to tell you whether your appeal has been successful. 

If you are still unhappy with our decision, the Appeals Service will hear the Appeal and you can be present to explain why you think our decision should be changed. You must write to the council within four weeks of receiving the decision of your first review.  

Visit the appeals website for detailed information on the new appeals scheme www.appeals-service.gov.uk External Link 

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Paying back overpaid Housing Benefit   

What is overpaid Housing Benefit?
This is when you have been paid Benefit that you are not entitled to and can be because: 

  • you left the home that you claimed benefit for and we had already paid you for a period after the date that you left.
  • you, or a member of your household, have had a change in circumstances or income which resulted in your benefit being reduced, and we have already paid you at a higher amount for the same period.
  • you didn’t tell us that your circumstances have changed and we have paid you benefit that you are not entitled to.                 

Do I have to pay back the money?
Not always. We have to decide if the overpayment is recoverable.  

It is recoverable if you: 

  • Don’t tell us about a change in your circumstances, such as a change in your income
  • Did tell us, but carried on receiving Benefit that you knew you would not be entitled to.                 

It is not recoverable if we: 

  • Made a mistake that you could not reasonably have been expected to know about
  • Don’t act on information that you tell us about your change in circumstances or income.                 

Who has to pay the money back?
We can recover the overpayment from the claimant or person to whom the benefit was paid.  We must consider who has misrepresented or failed to disclose information, which has caused the overpayment.  If the overpayment has been caused by a change in the customers circumstances, and the Landlord could not have reasonably known about that change, then we must recover from the customer and not the Landlord even though the landlord received the payments.

How will you collect the money?
We will send you an invoice for the amount of the overpayment. 

If you can’t pay this immediately, you must contact the Overpayments Officer to make arrangements to pay the debt by instalments.  

If you are a local authority tenant and your rent account is in credit, you can ask your Housing Office to send us the money to be paid off the invoice. 

If you are still getting Housing Benefit, we can take some of this money each week to repay the invoice. You can contact the overpayment officer on 01925 442196.  

What are my rights?
If you don’t agree with the amount of overpaid benefit, you can ask for a written explanation of how we worked it out. If you don’t agree that there was any overpaid benefit or you think that it shouldn’t be repaid. You can appeal against it. 

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Benefit fraud

Warrington Borough Council has a dedicated team of counter fraud investigators who are committed to protecting public funds from fraud and abuse.   

The fraud team undertake investigations into allegations of benefit fraud and will prosecute offenders in line with council policy.   

All investigations are carried out with integrity and in a professional manner by trained staff.   

Here are some typical examples of benefit fraud:   

  • People who claim as a single person but actually have a partner living with them.  
  • People who claim from an address but don’t actually live there.  
  • People who are working but do not declare this when they make a claim for benefit.  
  • People who do not tell us the full amount of income, savings or capital when they make a claim for benefit  
  • People who claim to live in privately rented accommodation as a tenant with a tenancy agreement and no such arrangement exists.          

If you know of anyone committing benefit fraud, we would like to hear from you.     

You can contact the fraud team in confidence on the following telephone numbers:01925 442282 or 01925 442283 or you can contact the National Benefit Fraud Hotline free on 0800 328 6340.   

Alternatively you can email: fraudteam@warrington.gov.uk 

Or write to:    

Benefit Fraud Investigations Team, Corporate Services Directorate, PO Box 13, Warrington, WA1 1BN.   

When you report a suspected to fraud to us, it is important that you tell us as much information as you can. For example, if you wish to report someone for having an undeclared partner living with them we would like to know (if possible), the name and address of the person you want us to investigate, the partner’s name, how long has the partner lived there? A description of the partner. Does the partner work, if so where? Do they have children together? Does the partner drive a vehicle, if so, we would like a description of the vehicle, make, colour and registration?   

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