Homeless and looking for accommodation
Financial Help
Housing Benefit
Local authorities, such as
Kensington & Chelsea, pay housing benefit to tenants on low
incomes.
If you have a liability to pay rent, do not have more than £16,000
in savings and do not fall within one of the excluded categories
below, then you are eligible to apply for housing benefit.
How much housing benefit you are entitled to depends on your
household's financial circumstances: your income, savings and
rent.
People who cannot get Housing Benefit
There are a number of categories of people who are not entitled to
claim Housing Benefit. This list is not exhaustive and is only
intended as a rough outline. The main categories are as
follows:
- Full time students [unless you are not required to sign on as
available for work e.g. single parents]
- Someone paying rent to a close relative, or not on a commercial
basis
- A "person from abroad". In order to be eligible for assistance
a person must not be excluded by coming within certain categories
of "persons from abroad"
For example, if you have only been granted a time limited stay
without the right of recourse to public funds then you are not
eligible to apply to the council for help with your rent.
This area of law is very complex. If you are uncertain about
your immigration status you should seek individual advice before
applying for financial help. You need be very careful about making
an application for housing benefit because if you are not eligible
it could endanger your immigration status.
Making a claim
As soon as you have secured your accommodation you should make a
claim straight away, as housing benefit is only payable from the
following Monday after it is claimed [unless there are exceptional
circumstances].
Application forms are available at the Town
Hall, Hornton Street, W8 7NX [Tel: 020 7361 3000], or through
HASKC. You can also apply over the telephone on 020 7361
3025.
You will need to supply evidence of the following:
- Liability to pay rent, such as the hotel booking form, or
tenancy agreement
- Income
- Savings or any other form of capital
The latter two also apply to any other adult living in your
household.
If you are in receipt of Income Support or Job Seekers Allowance
you also need to inform the Benefits Agency that you have moved
[the addresses of the local offices are provided at the end of this
section].
Ask for a receipt when you hand in your claim
form.
Remember that if you do not supply the information requested then
your claim may be treated as void.
How much housing benefit will the council
pay?
This depends on a number of factors. In very
general terms, if you are living on the lowest income such as
Income Support or Job Seekers Allowance then, subject to certain
provisos, the council will pay 100% of the rent.
As income increases above these minimum income levels, housing
benefit decreases on a sliding scale.
The main provisos are: that all the rent is "eligible"; and that
the rent is not excessive under the Local Reference Rent
rules. From 7th April 2008, all new claims for people
living in private rented accommodation will be assessed under the
Local Housing Allowance rules.
The council also expects all other "non-dependant" adults living in
your household to contribute towards the rent.
While it is not an exhaustive list, the main provisos are as
follows:
1. Eligible Rent
The maximum housing benefit
is calculated on a figure for the "eligible" rent. This figure does
not cover any additional services that might be included in the
rent, such as for heating or hot water. This is because you are
expected to pay for such services out of your income. If your rent
does include such charges, as heating and hot water, then an amount
will be deducted to cover their cost before the maximum housing
benefit is calculated.
2. Local Reference Rent Rules
When you make a claim for housing benefit, unless your tenancy is
excluded, the council will refer the application to the Rent
Service who will apply various tests to determine whether the rent
is reasonable. The Rent Service is run by the government and is
independent from the council. They consider the rent once every 12
months.
The Rent Officer applies the following tests to compare your
rent with the appropriate market comparable:
- Local reference rent
- Significantly high rent
- Exceptionally high rent
- Size of accommodation
- Single room rent
The lowest of these calculations is the figure used to calculate
your maximum housing benefit.
3. Local Reference Rent
The local reference
rent is the midpoint of "reasonable market rents" for assured
tenancies of an appropriate size. If the rent that
you are paying is higher than the local reference rent then the
council will restrict the amount of housing benefit to that
level.
Unfortunately, the council does not make Local Reference Rents
public, so there is no fail-safe way of knowing whether your rent
will be considered too high. It may be possible to apply to the
Rent Service for a "pre-tenancy determination", so that you can get
some idea of the level rent that might be determined. You can apply
on an application form supplied by the Rent Service [see
Useful Contacts].
4. Significantly High Rent
If the Rent
Officer considers that your rent is "significantly" higher than
rents paid for similar accommodation, then he or she will determine
an amount, which your landlord should reasonably expect.
5. Exceptionally High Rent
If the Rent
Officer considers that your rent is "exceptionally" higher than
rents paid for similar accommodation, then he or she will determine
the highest amount, which your landlord should reasonably
expect.
6. Size of Accommodation
The Rent Service
also determines whether the size of accommodation is reasonable for
you to occupy.
One bedroom is allowed for each of the following occupiers in your
household:
- Cohabiting couple
- A person aged over 16 years
- Two children under 10 years
- Two children of the same sex
- A child
In addition, you are allowed one living room for up to three
people, two living rooms for between four and six people and three
living rooms for than seven people.
7. Single Room Rent
The single room rent
is the mid point of "reasonable market rents" for accommodation,
which consists of exclusive use of one room with shared
facilities.
The single room rent applies if you are single and under 25 years
old unless you:
- Are in receipt of severe disability premium
- Have a non-dependant living with you,
- Are a housing association tenant,
- Are under 22 and were formerly in care
You are exempt from the Local Reference Rules if you have been
in continuous [allowing for breaks for up to 4 weeks] receipt of
housing benefit for the same property since 1st January 1996.
8. Local Housing Allowance
From 7th April
2008, the Local Housing Allowance applies to all new claimants who
rent from a private landlord. Under these rules, the maximum
amount of Housing Benefit that can be paid is decided by the
Rent Service and is based on the area you live and the number of
bedrooms you need. You can find the rates for Kensington &
Chelsea at
http://www.rbkc.gov.uk/benefits/general/benefits_lha_rates.pdf
Usually, Housing Benefit is paid directly to the claimant and you
are expected to pay the landlord the rent. In some circumsatnces,
it is possible for the Housing benefit to be paid directly to the
landlord.
9. Non-Dependants
All adults who live in your
household are expected to contribute towards your housing costs and
regardless of whether they do or not a deduction is made from your
housing benefit.
If you are living with someone as a couple, then his or her income
will be assessed jointly with yours when you claim benefit. All
other adults who live in your household are called
"non-dependants".
There are set standard weekly deductions made from
your housing benefit entitlement for "non-dependants" depending on
their weekly income. They are increased each April in line with the
general benefit up ratings. As of April 2008 non-dependent
deductions are as follows:
| Under 25 and on IS or JSA |
No contribution |
| Age 25 and over and on IS or JSA |
£7.40 |
| less than £116.00 |
£7.40 |
| £116.00 to £171.99 |
£17.00 |
| £172.00 to £222.99 |
£23.35 |
| £223.00 to £295.99 |
£38.20 |
| £296.00 to £368.99 |
£43.50 |
| £369 or more |
£47.75 |
There are exceptions to the above and the main
categories are
- Full time students during term time
- Someone receiving a youth training allowance
- Someone living in the household of a claimant who is registered
blind, or receiving attendance allowance, or the care component of
disability living allowance
- Someone paying rent on a commercial basis
- Under 18 years old
9. Backdated benefit
Housing Benefit is
usually payable from the Monday after the date your claim is
received. It is therefore very important to claim without
delay.
From 6th October 2008, it is possible to get housing benefit
backdated for a maximum of 6 months, if you are of working
age. The rules are different for people of retirement
age, where it is only possible to get backdated Housing Benefit for
a maximum of 3 months. You must show "continuous good
cause" for a late claim. An example of this would be if
you had been unable to submit your claim due to serious ill health.
If you have difficulty in communicating or understanding documents
in English, then although this is generally not considered "good
cause" in itself, it will be taken into consideration.
If you are making a claim for backdated benefit then it is
advisable to seek advice and/or assistance from HASKC, or another
local organisation such as the Citizen's Advice Bureau [see
Useful Contacts].
10. Discretionary Housing Payments
In
exceptional circumstances the council can pay an additional sum of
housing benefit. For example, you may have had your housing benefit
restricted by the Local Reference Rules. If as a result of the
shortfall you could become homeless and you would be vulnerable
then it may be possible to get a Discretionary Housing Payment.
11. Right of Review
If you disagree with the
decision made about your claim for housing benefit then you have
the right to request a review within 4 weeks of being notified of
your entitlement.
If you are still not happy after the case has been reviewed, then
you have the right of appeal to the Appeals Service within 28 days
of being notified of the decision of the review.
12. Income Support/Social Fund
Payments
Although there is no financial assistance
towards deposits, there is a possibility of getting a Budgeting
Loan from the Benefits Agency for up to four weeks rent in
advance.
Budgeting Loans are discretionary and the fund of
money limited. You should apply at your local Benefits Agency.
If you live in W10 or W11 you should apply to:
Notting Hill Branch Office
Westbourne
House
14-16 Westbourne Grove
London W2 5RH
Waiting room hours are Monday to Friday 8.30am to 3.45pm [9am
Wednesday].
Tel: 0845 3770 001
If you live in W2 you should apply to:
Tresco House
Lisson Grove
London NW1 6UW
Tel: 0845 3776 001
If you live in W8 or W14 you should apply to:
Kensington Branch Office
Charles House
375 Kensington High Street
London W8 8QL
Waiting room hours are Monday to Thursday 8.30am to 3.45pm,
Friday 9am to 3.30pm.
Tel: 0845 3770 001
If you live in SW3, SW5, SW7 or SW10 you should
apply to:
Fulham Branch Office
Waterford House
Waterford Road
London SW6 2DL
Waiting room hours are Monday to Thursday 8.30am to 3.45pm, Friday
9am to 3.30pm.
Tel:
If you live in SW1 you should apply to:
Bloomsbury Branch Office
Tavistock House
1-6 Tavistock Square
London WC1H 9NB
Waiting room hours are Monday, Tuesday and Thursday 8.30am to 4pm,
Wednesday 10am to 4pm. Friday 8.30am to 3.30pm
Tel: 020 7200 6000 Monday to Friday 9am to 4.30pm
Further advice and information on benefits
Further advice and information on benefits can be obtained from
the local advice agencies listed in the Useful Contacts section.
Alternatively, there are a number of helpful websites:
The Benefits Agency at the Department of Works and Pensions
[DWP] at www.dwp.gov.uk
Welfare rights information: www.rightsnet.org.uk
Letstart Rent Deposit Scheme
the Council has introduced a new scheme to help certain qualifying
people to find privately rented accommodation. The scheme is
available to you if you are homeless or threatened with
homelessness, eligibe for assistance and in
priority need.
The Council has arrangements with private landlords, who have been
"accredited" by the Council. The Council pays the deposit and your
housing benifit claimis fast tracked. You will be given a 12 month
Assured Shorthold Tenancy.
For more information about this scheme contact:
RBKC Homelessness and Advice Section
Town Hall
Hornton Street
London W8 7NX
Tel: 020 7361 3008