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Derby. A city for all ages

 

Housing Benefits - Frequently Asked Questions

Question: Am I entitled to a rent rebate?

Answer: If you are on a low income you may be entitled to Housing Benefit.

Question: Can I claim benefits?

Answer: You can claim Housing Benefit if you have to pay rent and you are on a low income. You can claim Council Tax Benefit if you have to pay council tax and you are on a low income.

Question: Can I claim jobseeker's allowance?

Answer: This allowance is dealt with by Jobcentre or Jobcentre Plus External Link. Click on the Jobcentre Plus link to visit their website.
Any entitlement will depend upon your personal circumstances. You should contact Jobcentre Plus directly or you can find out more by talking to Derby Advice.

Derby Advice is the Council's own advice and information service. They can provide free, confidential and independent advice about social security benefits and tax credits, personnel debt, employment rights and home energy advice. You can ring us on 01332 256550, e-mail to derby.advice@derby.gov.uk or call at reception Monday - Friday 10 - 4. We are based at the Council House on Corporation Street in the centre of Derby.

Question: Can I get any help when I start work?

Answer: Extended payments are payments of Housing Benefit and Council Tax Benefit which can be paid for an extra four weeks after you come off Income Support or Income Based Jobseeker’s Allowance and start work.

If you qualify for these extended payments, we will pay Housing Benefit and Council Tax Benefit for an extra four weeks at the same rate we paid you before you started work. It doesn’t matter how much you earn in your new job.

Question: Can I get my claim backdated?

Answer: We can backdate your benefit for up to 52 weeks in certain circumstances. But you must have a good reason throughout the period in question for not claiming earlier.

Question: Can I report someone who is working and claims benefit?

Answer: The Council is committed to detecting and preventing abuse of the Housing Benefits System. This is the responsibility of our Inspection Service within the Revenues and Benefits Service. You can report a suspected fraud on the Benefit Fraud Hotline 01332 367635 or e-mail us at inspectionservice@derby.gov.uk

Question: Council Tax Benefit does not cover my full charge and I cannot afford to pay the difference. Is there anything else I can claim?
 
Answer: We can make extra payments for people who need extra financial assistance with their rent and Council Tax in cases where Housing and/or Council Tax Benefit does not meet the full value of their rent or council tax. 

Question: Housing benefit does not cover my full rent and I can't afford to make it up. Is there anything further I can claim?

Answer: We can make extra payments for people who need extra financial assistance with their rent and Council Tax in cases where Housing and/or Council Tax Benefit does not meet the full value of their rent or council tax. 

Question:
How do I claim Housing Benefit or Council Tax Benefit?

Answer: To claim Housing Benefit or Council Tax Benefit you must apply in writing. Although your claim can be in any form, we will ask you to complete an application form.

Question: How do I contact the Benefits Service?

Answer: Derby Benefits is based in the Council House. Our reception area is on the Ground Floor next to the payment counters. You can contact us by telephone, write to us, email us or visit us.

Question: How do I make an appeal against my Housing Benefit or Council Tax Benefit award?

Answer: If we have made a decision about your Housing Benefit or Council Tax Benefit and you think it is wrong, you can either:

  • Ask us to explain it
  • Ask us to look at it again
  • Appeal to an independent tribunal.

There are time limits for asking for decisions to be looked at again and for appealing.

Question: How do my savings or capital affect my benefit?

Answer: Capital and Savings are treated differently depending for those of working age and those over working age.

If you have less than £6,000 this is ignored completely for Housing Benefit and Council Tax Benefit purposes. If you or your partner is over working age then the first £6,000 is ignored completely.

Question: How do you report a council tax cheat?

Answer: The Council is committed to detecting and preventing abuse of the Council Tax and Housing Benefits System. This is the responsibility of our Inspection Service within the Revenues and Benefits Service. You can report a suspected fraud on the Benefit Fraud Hotline 01332 367635 or e-mail us at inspectionservice@derby.gov.uk 

Question: How does my income affect the amount of Housing Benefit or Council Tax Benefit I get?

Answer: We will take most of your income into account when we calculate your benefit. Some types of income can be ignored, we will do this automatically.

If you are working we will take into account your net weekly earnings. Net weekly earnings is your gross earnings less tax and National Insurance. We will also take off half of any contribution you make to a pension scheme.

If you have savings and you are under 60, we will ignore the first £6000. If you have savings over £6000 we will take into account £1.00 of income for every £250.00 of savings. For example, if you have savings of £7000 we will add £4.00 to your weekly income.

Question: How does my rent affect the amount of benefit I get?

Answer: The amount of Housing Benefit you get is based on your weekly rent. Housing Benefit cannot help towards your mortgage payment. We only pay on rent we call "eligible rent". This means that it does not cover payment for the "ineligible" services such as heating, lighting and meals that may be included as part of the rent.

Question: How is benefit worked out?

Answer: The level of Housing Benefit and Council Tax Benefit is assessed by comparing your Net Income with your Applicable Amount. This is a standard amount set by the Government and it is the amount which the law says you need for day to day living expenses.

Question: How long will it take to process my application for Housing Benefit and/or Council Tax Benefit?

Answer:
We try to process your claim as quickly as possible. Your claim may take longer if we have had to request further information or there is a considerable amount of post received within the office. However, if we are aware of eviction proceedings against you then we will try our best to prioritise your application.

Best Value Performance Indicators measure our average processing times and we publish these each month on our website.

Question: How long will my benefit claim last for?

Answer: There will not be a review date. Your claim will run until you cease to be entitled to Housing or Council Tax benefit. We may review your claim from time to time. We will do this either by telephone or post or we may visit you.

Question: How much housing benefit are you entitled to if you are eligible? Does it differ for each person?

Answer:
The level of Housing Benefit and Council Tax Benefit is assessed by comparing your Net Income with your Applicable Amount. This is a standard amount set by the Government and it is the amount which the law says you need for day to day living expenses. This will vary depending upon your circumstances.

Question: How much in savings is a person allowed before housing benefit is affected?

Answer: There are different rules depending upon a person's age :

People of working age

  • If they have less than £6,000 this is ignored completely for Housing and Council Tax Benefit purposes.
  • If they have more than £16,000 they are not entitled to Housing Benefit or Council Tax Benefit.
  • Every £250 between £3,000 and £16,000 is treated as an extra £1.00 per week on their income.

People over working age

  • If they have less than £6,000 this is ignored completely for Housing and Council Tax Benefit purposes.
  • If they have more than £16,000 and are not getting a Guarantee Credit, they are not entitled to Housing or Council Tax Benefit.
  • Every £500 between £6,000 and £16,000 is treated as an extra £1.00 per week on their income if they are getting Savings Credit.

Question: How will an overpayment be recovered?

Answer: If overpaid Housing Benefit has to be paid back, the Council will decide how it will be recovered.
We will write to whoever is responsible for the overpayment to tell them how we are going to do this.
 
View the various ways that we can recover overpayments.

Question: How will my benefit be paid?

Answer: If you are a Council tenant, we will pay your benefit directly to your rent account. This is shown as a rent rebate.

If you are a private tenant you can ask for the benefit to be paid either to yourself or to your landlord. This payment can either be in the form of a cheque or a BACS payment, and is known as a rent allowance.

If you are entitled to Council Tax Benefit, this will be shown as a reduction on your council tax bill.

Question: I am a landlord. What sort of information do I need to be aware of?

Answer: If you are a landlord wishing to rent out property, you may have tenants entitled to help from their Council towards paying their rent.

It is possible for a Landlord to receive regular payment by cheque of a tenant’s Housing Benefit or they can request for it to be paid by BACS which will be included in the claim form.

You will be sent notification letters confirming the amount of benefit your tenant is entitled to, but we cannot discuss with you how this has been calculated. That information is confidential to the tenant. Also we cannot discuss any claim for Housing Benefit with the landlord unless the tenant has given their permission.

Question: What are Pension Credits?

Answer: The Pension Credit is made up of two parts – a Guarantee Credit if you are 60 or over which tops up your income to a guaranteed level, and a Savings Credit if you are 65 and over and have certain types of income or capital. You may be able to claim either or both parts of the Pension Credit depending on your circumstances. You can find out more about pension credits by visiting the Pensions Service  External link website.

Question: What are the Housing Benefit Performance Indicators?

Answer: Best Value Indicators are measures of performance set by central government and can be used to compare performance between local authorities. They are called Best Value Performance Indicators or BVPI’s, and local authorities have a duty to measure performance this way under the Local Government Act 1999.

Question: What is a Non-Dependant deduction?

Answer: Adults who normally share your accommodation with you but are not dependent on you for financial support are referred to as Non-dependants. A deduction of benefit may apply and will be based upon the income of the claimant and the person moving in.

Question: What is an overpayment?

Answer: An overpayment is an amount of Housing Benefit that has been paid out, for which there was no entitlement.

Question: What is Temporary Absence?

Answer: Housing Benefit and Council Tax Benefit can normally only be paid for accommodation that you occupy as your normal home.
If you are temporarily away from your home, in certain circumstances Housing Benefit and Council Tax Benefit can still be paid.

Question: When will my claim start?

Answer: Normally your claim starts from the date we receive your claim form and any entitlement will normally start from the Monday following this date. Sometimes we can backdate benefit.

Question: Who cannot claim Housing or Council Tax benefit?

Answer: Unless you are a pensioner on guarantee credit, you will not be able to claim benefit if you have savings over £16,000. If you are not liable to pay rent, you will not be able to claim Housing Benefit. Most full time students and Persons From Abroad cannot claim. Please contact us for more details.

Question: Will I still get Housing Benefit and Council Tax Benefit now I have started work?

Answer: You may still get some Housing Benefit and Council Tax Benefit even though you have started work. The amount you will get will depend on:

  • Your family’s net earnings and any other income
  • Any savings you or your partner may have
  • Any children you may have and their ages
  • The amount of rent or council tax you pay
  • Any non-dependants who live with you.

Question: I am having trouble paying my rent, can I get help?

Answer: If you are a council tenant then please contact your Housing Officer as soon as possible. If you need to look at budgeting your income, Derby Advice or Citizens Advice External Link can help to organise this and look into any further benefits you may be entitled to.
If you are on a low income you may be entitled to Housing Benefit.

Question: I have just started to receive Disability Living Allowance but I have been told it does not affect my Housing Benefit/Council Tax Benefit. Is this right?

Answer: You will not get any less benefit than you do now and you may even be entitled to more. Please tell us in writing straight away and we will review your benefit award. If you receive the care element of Disability Living Allowance and have a non-dependant in your household, we will not make a non dependant deduction for this person.

Question: I have received my Housing Benefit/Council Tax Benefit decision and am not satisfied with the outcome. What can I do about it?

Answer:
If we have made a decision about your Housing Benefit or Council Tax Benefit and you think it is wrong.
You can either

  • Ask us to explain it
  • Ask us to look at it again, or
  • Appeal to an independent tribunal

There are time limits for asking for decisions to be looked at again and for appealing.

Question: I have taken the Tenancy of a property but have not moved in yet. Can I still claim benefit?

Answer: You cannot normally get benefit before you occupy a property as your normal home. However if you move because of disability needs, take on a tenancy while in hospital or need help with the cost of the move from the Social Fund (and you have a child 5 or under, are incapable of work for Social Security purposes or are 60 or over) you may be able to get benefit for a maximum of 4 weeks prior to moving in. If you feel you may qualify for this you would need to make a claim within the first week of your tenancy. We would not be able to make any payments until you had moved into the property.

Question: I receive Housing Benefit/Council Tax Benefit but will be absent from my home. Do you need to know?

Answer: Housing Benefit and Council Tax Benefit can normally only be paid for accommodation that you occupy as your normal home. If you are temporarily away from your home, in certain circumstances Housing Benefit and Council Tax Benefit can still be paid. You can be absent for up to 13 weeks as long as there is an intention to return to the property and you will not be sub-letting your property whilst you are away. In some circumstances you can be absent for up to 52 weeks. 

Question: I think somebody I know is fraudulently claiming benefit, who do I tell?

Answer: The Council is committed to detecting and preventing abuse of the Housing Benefits System. This is the responsibility of our Inspection Service within the Revenues and Benefits Service.

You can report a suspected fraud on the Benefit Fraud Hotline 01332 367635 or e-mail us at :
inspectionservice@derby.gov.uk

Question: If I report fraudulent activity will I remain anonymous?

Answer: Yes, The Council has a confidential hot line. Telephone : 01332 367635. Alternatively, you can write anonymously or call the section direct. Just tell the officer that you wish to remain anonymous. Telephone : 01332 255860. The more detail we receive about the fraud the better chance we have of proving it. Sometimes anonymous callers provide sketchy or incomplete details so it helps if we can refer back to the person making the referral. We always keep the source of our referrals confidential if they have come from a member of the Public or if we are specifically asked to do so.

Question: I'm on Housing Benefit/Council Tax Benefit and I have another adult moving in with me. Will this affect my award?

Answer: Adults who normally share your accommodation with you but are not dependent on you for financial support are referred to as Non-dependents. A deduction of benefit may apply and will be based upon the income of the claimant and the person moving in.

Question: What are Discretionary Housing Benefit Payments?

Answer: We can make extra payments for people who need extra financial assistance with their rent and Council Tax in cases where Housing and/or Council Tax Benefit does not meet the full value of their rent or council tax.

Question: What are Housing and Council Tax Benefit?

Answer: Housing Benefit and Council Tax Benefit are national benefits which local councils pay out on behalf of the government. Derby Benefits works out these benefits for people who live in Derby. Housing Benefit is a benefit based on your income that gives cash help towards your rent. Council Tax Benefit is a benefit based on your income that gives cash help towards your Council Tax.

Question: Who do I contact for disability benefits information?
 
Answer: The Department of Work and Pensions administer welfare benefits. Telephone the benefits enquiry line on 0800 882200 or text phone 0800 243355

You could also contact Derby Advice on 01332 256552.

Question: Will I be notified of the decision of my claim for benefit?

Answer: Yes. Once a decision has been made on your entitlement to any Housing Benefit or Council Tax Benefit we will automatically send you a decision notice. The letter will tell you:

  • The date we have started your entitlement from
  • The period we will award the entitlement for
  • The weekly amount of your entitlement.
  • The income and capital/savings we have used to calculate your entitlement
  • The minimum income the Government states you need to have coming in for you and your families daily living expenses ( this is called your applicable amount)
  • Your Rights of Appeal should you not be happy with the decision that has been made.

Question: Will my Housing Benefit be based on the full amount of rent charged?

Answer: Housing Benefit entitlement for customers is not always worked out based on the full amount of rent charged. In some cases where the rent is high, any Housing Benefit is only worked out on the average rent for the type of property in the area.

When a private tenant claims Housing Benefit, we have to refer the case to the Rent Officer Service. They are independent officials who will decide if the rent being charged is reasonable. They do not set the level of rent that you have to pay. What they do is decide the level of rent that we can use to work out Housing Benefit.

In the case of single people under the age of 25, the Rent Officer Service will give a figure based on the cost of single room accommodation with shared use of toilet and kitchen facilities. This figure is known as the single room rent.

Question: How do I make a complaint?

Answer: Contact us if you have a complaint about our service. We will respond to you within ten working days. You can make a formal complaint if you are still not satisfied. Ask at any Council office for a complaint form.

Question: How do I notify you of a change of address?

Answer: You should notify us immediately of any change of address. This will help us to calculate your correct charge as soon as possible.

Question:
When are the Council Offices open?

Answer: View a list of opening times for Council Tax or Benefit enquiries.

Question: Is there a way of finding out how much Housing Benefit I might get if I make a claim?

Answer: Yes. You can work out how much Council Tax or Housing Benefit you may be entitled to by using our online benefits calculator. All you need to do is answer a few questions and the calculator will work out the amount of Benefit you may get if you apply.

Please remember that this calculation will be an estimate based on the information you supply. We will work out your actual award if you
make a claim.

Question: What is Temporary Absence?

Answer: Housing Benefit and Council Tax Benefit can normally only be paid for accommodation that you occupy as your normal home.
If you are temporarily away from your home, in certain circumstances Housing Benefit and Council Tax Benefit can still be paid.

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