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What is Housing and Council Tax Benefit?
Who Can Claim?
How Much Will I Get?
How Do I Apply?
When Can I Claim From?
Can I Get Help Making a Claim?
What is Second Adult Rebate?
What Information do I Need to Supply?
What if I have Other People Living With me?
How is my Benefit Calculated?
What if I Have Savings or Capital?
How will I be Paid?
What is Discretionary Housing Payment (DHP)?
What is Backdating?
What if I Need to Leave My Home Temporarily?
What Happens if I go into Hospital?
What Happens if I go into Prison?
What do I do if There is a Change to my Circumstances?
What if I think the amount of Benefit I Receive is Wrong?
What is Housing and Council Tax Benefit?
This is a source of help to people on low incomes, or other state benefits to help them meet the cost of their rent and/or council tax.
On 7th April 2008 Housing Benefit has changed to Local Housing Allowance (LHA). for private tenants if they do not have an existing claim, have changed address after that date or have had and extended payment (4 week run on).
There are two types of council tax benefit, mainstream council tax benefit and Second Adult Rebate.
Both Housing and Council Tax Benefit are means tested benefits. When assessing your claim we will take into account your total household income, capital and the number of people living in the property with you.
Who Can Claim?
You can claim if you;
- Pay rent to a private, social landlord/housing association
- Pay Council Tax in respect of the property you live in
- You have savings of less than £16,000 (unless you receive Guaranteed Pension Credit)
Special rules can apply to some people claiming Housing and/or Council Tax benefit for example:
- Students
- Persons from Abroad
- Prisoners
- Young persons aged 16-17
- People who maintain two houses
- People in residential care or nursing home
If you fall into one of these categories please contact our benefits departments for further information on 01789 260 991
How Much Will I Get?
This will depend on how much rent and/or Council Tax you pay, how much income your household is in receipt of, any savings you or a member of your household has and if you have other people living in your home.
If your rent from a private Landlord and you make a new claim or change address your claim will be assessed under the Local Housing Allowance Scheme. The rate of LHA are set by the Rent office.
How do I Apply?
If you claim Income Support, Jobseekers Allowance or Pension Credit you will be asked about claiming Housing and Council Tax benefit when you make your telephone claim with Job Centre Plus. Once they have received all requested information from you they will then forward the form to the Council's Benefit department. Please note that we may request further information from you in order to process your claim.
If you are not given a form or are not in receipt of the above benefits you can pick up a form at one of our area offices, online by downloading the benefit application form or the council offices at Elizabeth House. Complete and return the application form in full with all necessary proofs required in order to assess your claim.
Claim forms can be returned:
In person to area offices or to Customer Services at Elizabeth House
By post to:
The Benefits Department
Stratford District Council
Elizabeth House
Church Street
Stratford upon Avon
Warwickshire
CV37 6HX
When Can I Claim From?
It is important to make a claim as soon as possible even if you feel you don't have sufficient evidence to make a claim, as you can have up to a month from the date you claim to supply all necessary information. Any delays in making an application may mean that your benefit is started from a later date.
When claims are processed they will usually start the Monday following the date of first contact if the claim form is received within one month of the first contact date, otherwise the claim will start the Monday following the date the claim form is received.
You can request that your claim is backdated if certain circumstances have prevented you from making a claim at a prior date. But you must be able to prove good cause e.g. ill health, Hospital or other circumstances which prevented you from claiming at that time. It is insufficient to say that you were unaware that you could claim and claims cannot be backdated more than 6 months if you and your partner are less than 60 years old
Complete backdate requests will be decided by a Senior Officer.
Can I Get Help Making a Claim?
If you have any questions regarding an application for benefit please contact our Customer Service department on 01789 260 991.
Alternatively you can visit one of our advisors at our Customer Service desk in the Council offices at:
Elizabeth House
Church Street
Stratford upon Avon
CV37 6HX
For telephone enquiries or visits in persons our offices are open Monday-Wednesday 08.45 - 17.15, Thursday-Friday 08.45 - 17.00.
Or you can visit one of our area offices.
We may be able to arrange a visit for those who are unable to get to one of our offices if you fall into one of the following categories:
- Elderly or infirm
- Disabled (or have disabled dependants)
- Have mobility difficulties
- Are registered Blind
- Housebound
If you would like to arrange a home visit please call 01789 260 991
What is Second Adult Rebate?
This is another way to help you pay your Council Tax.
If you are the only person in your household who is liable for Council Tax and you have another adult who is living with you who is not a partner or lodger, you may able to claim for this type of benefit. It is not based on your income but the income of the other people which live with you.
Payment of this benefit is made directly to your Council Tax Account.
You can apply for Second Adult Rebate by completing specific sections of a Housing and Council Tax benefit application form.
What Information do I Need to Supply?
The assessment of Housing and Council Tax benefit is based by regulations set by the Government. The Council will need to know a lot of information about you and your household before an assessment can be made. This is to ensure that you are awarded the correct amount of benefit.
You will be asked to provide proof of your identity, National Insurance number, all income received by your household, rental liability and capital (this includes all bank/building society/post office accounts). All information provided must be the originals as copies cannot be accepted.
All claimants are given one month to provide all requested proofs.
If the requested information is not available, please contact the Benefits Department at Elizabeth House to advise us, as we may be able to extend the timescale given for you to provide the information.
What if I Have Other People Living With me?
If you have anyone over the age of 18 living with you this may affect your benefit entitlement. These people are called 'Non Dependants' and a set amount will be deducted from your weekly benefit calculation; this is called a 'Non Dependant Deduction'. How much is deducted will depend in the income received by your Non Dependant(s).
However no deduction will be made if your fall into one of the following categories:
- You or your Partner receive Attendance Allowance
- You or your Partner received the care element of Disability Living Allowance
- The Non Dependant is under 18
- The Non Dependant is in receipt of Pension Credit
- The Non Dependant is a paid carer provided by a charity or voluntary body
How is my Benefit Calculated?
If you are a private tenant the level of Housing benefit maybe affected by the LHA rate which is applicable to you.
If you receive certain State benefits you may get the full of amount if benefit once any non dependant deductions and/or ineligible service charges have been deducted.
All other claims will be assessed on the total weekly income received by your household against the 'applicable amount'. Your applicable amount is set by the Government and is the minimum amount the Government state you and your family need to live on each week. This amount will vary depending on you and your household's circumstances.
Most types of income you receive are taken into account which includes income types such as:
- Social benefits
- Pensions (state, private and occupational)
- Earnings - we use the amount of gross earnings you receive less tax and national insurance contributions and half the money paid to a pension
- Maintenance payments
Some types of income and benefits are disregarded from your assessment. But you will be advised of this when your benefit has been calculated. Failure to notify of all forms of income when you apply may cause overpayment of benefits and may also result in further action being taken. You will be expected to pay back the money to the council if you are over paid benefit.
What if I Have Savings or Capital?
This will depend on the amount you have. Government regulations state that if you/your partner have savings and/or capital totalling more that £16,000 you are not eligible to claim Housing or Council Tax benefit.
If you are under 60 and have savings of £6000 or less it will not affect your claim. However for every £250 over £6000 we will add £1.00 to your total weekly amount of income. This is called a 'Tariff Income'.
If you are in receipt of Income Support or income based Job Seekers Allowance and have £6000 or more in savings a Tariff Income will not be used.
If you are over 60 and have savings of £6000 or less it will not affect your claim. If your savings are between £6000-£16000, for every £500 over £6000 we will add £1.00 to your total weekly amount of income. This is called a 'Tariff Income'.
However, if you are in receipt of Guaranteed Pension Credit and have £6000 or more in savings/ capital you can still claim Housing and Council Tax benefit and no Tariff Income will be used.
How will I be Paid?
If you are a private tenant and qualify prior to April 7th 2008 or a Housing Association tenant housing benefit can be paid to yourself or your landlord by cheque or BACS. Housing benefit is normally paid every four weeks in arrears.
If you are a private tenant and qualify for benefit after April 7th 2008 Housing benefit payments can only be made to you by cheque or BACs transfer. Only in exceptional circumstances can these payments be made direct to your Landlord. A 'Safeguard Policy' has been developed to help us make a decision on these cases. For further information please contact the benefits department on 01789 260 991.
If you qualify for Council Tax benefit any benefit awarded will offset against your current council tax account for the property you have claimed for and a bill will be produced to show the new balance.
What is Discretionary Housing Payment (DHP)?
DHP is a discretionary payment that the Council may award to claimants who are eligible for Housing Benefit to help 'top up' their Housing Benefit to the level of their rent. A DHP application form and leaflet is available to download.
What is Backdating?
Depending on your circumstances in some cases we can backdate your claim up to 6 months from the date that you request backdating if you and your partner are not of State Pension age. Claimants who are of State Pension age are automatically entitled to have the start of the benefit entitlement taken back 3 months from the date of the claim, subject to some rules regarding eligible rent, pension age. Please contact the Council on 01789 260991 if you would like to discuss whether you might be entitled to benefit from an earlier date from the claim date.
In order to claim backdating you must be able to demonstrate why you were unable to make a claim at that time. This is known a 'good cause'.
Good cause can be illustrated by a period in hospital, or other circumstances that prevented you from making a claim at the correct time.
It is insufficient to say that you were unaware that you could claim as this does not constitute good cause.
If you think that you have good cause for making a late claim please apply in writing to the Council benefits department, stating the date you would like your claim backdating to, providing full details of the circumstances which prevented you from claiming and where necessary provide evidence to confirm why your claim was late.
Complete backdate requests are sent to a senior officer to be considered and you will then be notified by letter of their decision.
What If I need to leave my Home Temporarily?
If you intend to leave your home please inform the benefits department of the date you are leaving and the date you intend to return. Benefits can be paid as long as you intend to return to the property.
What Happens if I go into Hospital?
If you go into hospital we can pay benefit for up to 52 weeks provided that you intend to return back to your home within that time. You /a friend / a relative will need to inform us of the date you were admitted to hospital and the date you intend to return. You may also need to provide an alternative correspondence address during this period.
What Happens if I go Into Prison?
If you go to prison on remand we can pay benefits for up to 52 weeks. If you are sentenced during this period and are committed to prison your benefit will be ended if your sentence is longer than 13 weeks. We will need to be notified of this change in your circumstances regarding if and when you are sentenced.
What do I do if There is a Change to my Circumstances?
You are required by law to inform the Council of any change to the information used to assess your claim.
Any change to your and/or your house hold circumstances which could affect your benefit entitlement must be notified to the Council's benefit department in writing within one month of the change occurring.
Examples of changes in circumstances include:
- Changes to income/earnings/benefits
- Changes to the number of people living in the property
- Changes to rental, tenancy agreements
If you are unsure if a change will affect your benefit please contact the benefits department on 01789 260 991.
Failure to inform the benefits department within one month of the change occurring may cause overpayments and you will be expected to pay back money to the council if you are over paid benefit.
If you take more than a month to inform us of a change which will result in an increase in benefit, your claim will only be amended from the Monday following the date you informed us of the change and you may face a loss of benefit. However if you can show good cause for not informing of the change sooner we may be able to amend your claim from the earlier date.
What if I Think the Amount of Benefit I Receive is Wrong?
Once your claim has been assessed you will be sent and award letter which will show you the amount of benefit we will be paying you, the dates these payments relate to, how you will be paid and the information which has been used to assess your claim. We advise all claimants that you should read this letter carefully to check all the information it contains is correct.
If you do not understand the decision please contact the benefits department where a member of staff can explain what information has been used and how the benefit has been calculated. We do advise that you contact the benefits department within one month of the date of this letter.
If you think our decision is incorrect you can:
- Request a detailed statement of how we arrived at the decision (this does not affect your right to request a formal appeal
- Request a review of the decision
- Make a formal appeal
Should you wish to request a statement/review or make a formal appeal, it should be made in writing to the Council's benefit department within one month of the date of the award letter detailing the decision.
If you make a formal appeal, we will review our decision and if we cannot change it in your favour, your appeal will be passed to the independent tribunal service.
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