Housing Benefit Payments

[Loring]

Hi
I am looking for some advice.
In April 2010 I was forced to move flat and my Housing Benefit was calculated using the Local Housing Allowance at the time. (£175 per week)
In May 2010 the local Housing Allowance was increased to (£180) per week, but my Housing Benefit is still calculated using the £175 figure
My local council have told me that my benefit will be paid at the April 2010 rate until April 2011 and I won't get the increase as the benefit is paid according to the month I applied for the benefit. Is this correct.
Loring

[Caspar]

Re: Housing Benefit Payments

How Housing Benefit is calculated


How is benefit calculated?

If you get Income Support / Job Seekers Allowance (Income Based) / Employment and Support Allowance (Income Related) or Pension Guarantee Credit
You will get the full amount of your eligible rent / maximum Housing Benefit minus any non-dependant deductions.
If you live in a Housing Association property your eligible rent will be your rent less any ineligible service and fuel deductions. If you live in a privately rented property and;

• have been continuously on Housing Benefit at the same address since before 7 April 2008 your maximum Housing Benefit will be a figure that had been set by the Rent Service.
• have claimed after 7 April 2008 or have changed address since this date you will be subject to the Local Housing Allowance.

If you do not get Income Support / Job Seekers Allowance (Income Based) / Employment and Support Allowance (Income Related) or Pension Guarantee Credit
We work out your Housing Benefit by comparing the money you get each week with your 'Applicable Amount'.
Your applicable amount is what the government says you and your family need to live on each week.
The applicable amount will be higher for some people - for example, if you are a pensioner, disabled or you are a one-parent family.
If your weekly income is less than, or the same as your Applicable Amount, you will get the full amount of Housing Benefit. If this happens you should claim Income Support as you may get more help.
If your weekly income is more than your Applicable Amount (this income over your Applicable Amount is called "Excess Income") then you are entitled to recive Housing Benefit equal to the weekly Eligible Rent less 65% of the weekly Excess Income figure and less any non-dependant deductions.
Please use the Online benefit calculator as a guide to see out if you qualify.
How is my Weekly Income calculated?

We count the money that you and your partner earn from work after money has been taken out for Tax, National Insurance and half of any money paid into a pension fund.
To this figure we add any other income that you might have. For example state retirement pension, a pension from a former employer, tax credits or other state benefits.
Somes types of income are disregarded and are not taken into account eg Disability Living Allowance, Attendance Allowance and Child Benefit. Even though they are not taken into account it is still important that you tell us about them.
A Tariff Income may also be calculated from any capital / savings that you or your partner have and this is added to the above figures. Please see the 'What counts as Capital and how does it affect my Benefit?' section for more information on Tariff Income.
For the purposes of working out your benefit your weekly income is the total of any earned income, unearned income and tariff income as detailed above.
What counts as Capital and how does it affect my Benefit?

For Housing Benefit purposes most savings, investments and assets owned by you and your partner are treated as 'capital' and examples of the most likely sources are:

• cash savings.
• current accounts (even if you only use it to get things paid into it like wages or a pension or you just use it to pay bills).
• money in a bank, post office or building society account.
• money in savings schemes.
• National Savings Certificates.
• Premium Bonds
• stocks and shares, bonds and other investments.
• property or land.

The following do not count as capital:

• personal possessions.
• certain business assets, if you are still working in the business.
• surrender values of Life Policies.
• sale proceeds of your home (for up to six months if you intend to purchase another home).
• money from insurance claims in respect of loss or damage to home or personal possessions (for up to six months if used to replace or repair).
• any Social Fund payment.

The above lists are not exhaustive and enquiries should be made to clarify the situation if you are doubtful about any asset or interest you have.
How your Capital Tariff is calculated

Once we have worked out what your capital amounts to, Government rules say that if you (and your partner if you are a couple) have savings or capital of more than £16,000, you cannot get Housing Benefit.
If you (and your partner if you are a couple) have £6,000 or less it will not affect your claim. If you are 60 or over this figure is £10,000.
If you or your partner are aged 60 or over and have between £10,000 and £16,000, it affects how much Council Tax Benefit you will get. For every £500 (or part of £500) you have over £10,000 we add £1.00 to the money we count each week when working out your benefit.
If you and your partner are aged under 60 and have between £6,000 and £16,000, it affects how much Council Tax Benefit you will get. For every £250 (or part of £250) you have over £6,000 we add £1.00 to the money we count each week when working out your benefit.
This money that is counted from your capital is called Tariff Income.
We do not count any actual interest you get from savings and capital.
Note: For Second Adult Rebate (Council Tax Alternative Benefit) the Capital Tariff does not apply. The actual interest received by the second adult is counted instead.
What is an Applicable Amount?

This is a weekly figure set, usually annually, by the Government and represents the basic living needs of the claimant and family, see the amounts for 2010/2011.
An applicable amount is made up of:

• a claimant's personal allowance.
• personal allowances for a partner and / or dependant children.
• premiums - for example, a family premium or disability premium.

If your weekly income is less than, or the same as your Applicable Amount, you will get the full amount of Housing Benefit. If this happens you should claim Income Support as you may get more help.
If your weekly income is more than your Applicable Amount (any income over your Applicable Amount is called "Excess Income") then you are entitled to receive Housing Benefit equal to the weekly Eligible Rent less 65% of the weekly Excess Income figure and less any non-dependant deductions.
What if there is a shortfall between the amounts of benefit awarded and the full Rent?

Anyone receiving Housing Benefit where there is a shortfall between the amount of Rent payable and the amount of Housing Benefit awarded can apply for a Discretionary Housing Payment. For more information please see 'Awarding Discretionary Housing Payments'. This does not apply if the shortfall is due to a non-dependant deduction because someone lives with you.
The amount the Council can spend is limited to the amount specified by the Government each year. These payments are not part of the Housing and Council Tax Benefit schemes. To be considered you will need to complete our Application for Discretionary Housing Payments form. See Online Forms if you would like to download a form.

[Loring]

Re: Housing Benefit Payments

Hi Caspar
Thanks for all the info.
I still cannot find the answer to question that I posted.
Thanks
loring

[WendyB]

Re: Housing Benefit Payments

Hi Loring. I would imagine that it may be calculated according to whatever rule is in force at the time, but probably the best thing you an do is to ring the council to clarify, and ask them under which piece of legislation it says that it depends on the month you apply. Sorry I can't be of any more help, but if that's what they are telling you then the least they should be able to do is back up where they have their info from and what legislation they are bound by.

[Caspar]

Re: Housing Benefit Payments

It's changing in April and October 2011 as well!

I've been trying to get my head round this for you, but it seems very complicated, even though it's supposed to be more transparent. It depends on a range of factors, so I think the only people who can explain it properly is those who worked it out for you.

I have established that if LHA changes, Housing Benefit does not necessarily follow suit, but I'm afraid that's as far as I've got. Looks like a call to the council!

[Loring]

Re: Housing Benefit Payments

Hi
Thanks for the replies, I will go and visit the council office but i am not hopeful of getting an honest answer. In the past I have found that they keep you there a couple of hours, pass you around from advisor to advisor and send you home as the office is about to close.
Loring

[matthewsmith]

Re: Housing Benefit Payments

wow.. thanks caspar for all the info.