Pendle Borough Council
Market Street, Nelson, Lancashire BB9 7LG
Tel: 01282 661661 Fax: 01282 661130
Housing Benefit
For general information, e-mail benefits@pendle.gov.uk
Information on Housing Benefit and how to claim
What is Housing Benefit?
Housing Benefit is a social security benefit paid by the council to help people who live in rented accommodation pay their rent.
Who can claim?
Anyone who has to pay rent for their home and has a low income can claim Housing Benefit. It does not matter if your landlord is the council, a housing association or a private landlord, you can still claim. Boarders, lodgers and people living in hostels can also claim.
You cannot normally claim if:
- you are living with a close relative and you are paying them rent
- you are not paying rent on a commercial basis
- you do normally live in the property
- you used to own the property that you are renting
If any of these may apply to you, please get further advice from the Benefits Section. You can check whether you may be entitled to any Benefit, by using our online Benefits Calculator.
How to claim
You must complete a claim form. You can get a form from the Benefits Section, Council Shops or District Offices.
When you get a claim form you will be told what information and evidence that you need to give us to support your claim. If you are claiming council tax benefit as well you only need to fill in one form. You will be asked to give us proof of your identity, income, capital and rent and details of anyone else who lives with you. We can only accept original documents as proof of these things. We cannot accept copies.
Please do not be put off from claiming. We have a team of Benefit Advisors to help you. We can help you fill in the form and we will tell you what else you need to do. We may also be able to help you get the proof that you need. If you are unable to get out easily we can send a Visiting Officer to you home to help you with the form and get the information that we need.
You can help us deal with your claim quickly by:
- answering all the questions on the claim form
- sending us your form straight away
- giving us proof of all your details as soon as possible
- replying straight away if we ask you for any more information
- contacting us quickly if there is something that you do not understand
How much will I get?
This will depend on:
- how much your rent is
- how much income and capital you have
- your personal circumstances
- the income and circumstances or anyone who lives with you
Rent
There are a lot of different rules about how much rent can be met by Housing Benefit.
Generally speaking, if you rent from the council or a housing association, you may get Housing Benefit to meet anything up to the amount that you are charged.
If you pay rent to a private landlord, the level of rent that Housing Benefit will meet may be restricted. This means that even if you qualify for the maximum amount of benefit, the amount you receive may be less than the rent that you are charged by your landlord. The Rent Service usually sets the amount of rent that will be used to work out your Housing Benefit. The Rent Service will look at the amount of rent and what it includes, the condition of the property, where the property is located and who is living in the property.
If the council needs to refer your claim to the Rent Service for a rent determination, the rent officer may want to visit your home. If so, the Rent Service will write to you to let you know when they will call.
If you are under 25 and live alone, your Housing Benefit may be restricted even further. This is because for many people under the age of 25, who live alone, the maximum amount of Housing Benefit that can be paid will be based upon what is called a single room rent. This amount is set by the Rent Service and is usually lower than the rent charged by the landlord. If you are under 25 and are renting your home from a private landlord, please ask the Benefits Section for more information.
Pre Tenancy Determinations
You can find out if your Housing Benefit may be restricted before you accept a tenancy by ask for a pre tenancy determination. This can help you decide if you can afford to take on the tenancy. Please read our leaflet about pre tenancy determinations or ask the Benefits Section for more information.
Services
Housing Benefit cannot be paid to cover some services that may be included in the rent that you pay to your landlord. Examples of such services are water rates, heating and fuel costs and meals. You will have to pay for these services yourself. The amount that cannot be met by Housing Benefit will depend upon the services included and how much you are charged for them.
The rules about rent are complicated and vary depending upon your circumstances and who you rent your home from. If you need further information or advice please contact the Benefits Section.
Income and Capital
The amount of Housing Benefit that you will get will also depend upon the amount of income and capital that you have.
If you have capital or assets with a total value of over £16,000 you will not normally get Housing Benefit. Capital includes savings, shares and investments and other property that you own. However, certain types of capital are ignored so if in doubt, please ask for more information.
Income includes:
- wages after deducting tax, National Insurance and half of any pension scheme contributions
- self-employed earnings
- most benefits, such as Working Family Tax Credit, State Retirement Pension, Incapacity Benefit and Child Benefit
- other money coming in such as maintenance and occupational pensions
There are certain types of income that are ignored, some in part and some in full. You may also get some of your income ignored if you pay child-care costs.
Your Personal Circumstances
When we have worked out your income we will compare it to what is called an applicable amount. Your applicable amount is made up of allowances and premiums that are decided by the Government. It is worked out by looking at your age and personal circumstances, for example if you get certain disability benefits, you will get extra amounts. You will also get allowances for any partners or dependants that live with you.
Other people who live with you
We will look at the circumstances and income of other people who live with you when working out your Housing Benefit. Another person who lives with you, who is not a partner or a dependent, is called a non-dependant. We may reduce your Housing Benefit by a set amount if you have someone living with you who is over 18.
The amount will depend on your personal circumstances and the circumstances and income of the non-dependant. For example, we will not reduce your benefit if you get Attendance Allowance or if the non-dependant is a full time student.
If you want more information about non-dependants and the deductions that we make, please contact the Benefits Section.
What happens next?
When we have looked at all the information and evidence we need to decide your claim we will write to you to tell you if you qualify. We will explain how we have worked out your benefit and how much you will get.
If you do not agree with our decision or you think that we have done something wrong, we will tell you what you need to do.
How is it paid?
If you pay rent to the council, your Housing Benefit will be automatically transferred to your rent account. This means that you will not receive any money but your payments will be less.
If you pay rent to a housing association or a private landlord, your Housing Benefit will be paid either to you or directly to your landlord. You can ask us to pay your landlord direct on your Housing Benefit claim form. We must pay your Housing Benefit direct to your landlord if you are 8 weeks or more in arrears, even if you have not asked us to do so. Your benefit will normally be paid every four weeks, in arrears.
Further Information and Advice
There are a lot of complicated rules about Housing Benefit. We have a team of Benefit Advisors that are here to advise you and help you claim. If in doubt, please contact us.
Benefits Section
Elliott House
9 Market Square
Nelson
Lancs
BB9 0LX
Tel: (01282) 661800 or (01282) 661837
Fax: (01282) 661811
Independent Advice
If you prefer, you can ask for independent advice from the Citizens Advice Bureau or the Welfare Rights Service. Their addresses and telephone numbers are shown below.
Citizens Advice Bureaux
Broadway
Nelson
Tel: (01282) 616750
Colne Citadel,
Market Place,
Colne
BB8 0HY
Tel: (01282) 867188
Old Police Station
Manchester Road
Barnoldswick
Tel: (01282) 814814
Lancashire Welfare Rights Service
19 Carr Road
Nelson
Lancs
Tel: (01282) 661333
