RR2 - A guide to Housing Benefit and Council Tax Benefit
Housing Benefit
Liability for rent
You can only receive Housing Benefit (HB) if you are liable in law to pay for where you live. You may be treated as liable if: [ HB Reg 6]
- you or your partner have a legally enforceable agreement to pay rent to your landlord
- or your landlord has agreed to stop charging rent for a short period while you carry out reasonable repairs or redecoration to your home on the landlord’s behalf, but only for up to eight weeks at any one time
- or your former partner is liable but they are not making the payments and you have to pay the rent to remain in your home
- or the person who is liable for the payments is not making them and it is reasonable for you to pay the rent in order to remain in your home.
Joint liabilities
This is where two or more people live independently but share accommodation. It does not apply to couples living together as husband and wife. If you have a joint liability, you may claim HB, but only for an appropriate share of the rent. [HB Reg 10(5)]
If you have been living with someone as a non-dependant, and you set up a joint liability with them, you may be refused HB. This is because you are not allowed to set up a joint liability just to take advantage of HB. [HB Reg 7]
People who cannot get Housing Benefit [HB Reg 7]
Close relatives
You cannot claim HB if you live in the same dwelling as your landlord, and they are a close relative of you or your partner.
A close relative is a:
- parent
- or step-parent
- or father-in-law or mother-in-law
- or child
- or step-child
- or son-in-law or daughter-in-law
- or brother or sister
- or brother-in-law or sister-in-law
- or partner of any of the above.
Former non-dependants
If you have previously been living with someone as a non-dependant, you cannot get HB as long as that person still lives in the same dwelling.
If you can satisfy the local authority that the arrangement was not intended to exploit the HB system, you may be able to get benefit.
Member of and wholly maintained by a religious order
Renting a former joint home from your ex-partner
You cannot get HB if you pay rent to your ex-partner if you have separated and you have remained in the former joint home. This applies whether you were a married or unmarried couple.
Your landlord is the parent of a child you are responsible for
You cannot get HB if you or your partner are responsible for a child and your landlord is a parent of that child.
Your landlord is a company
If your landlord is a company and:
- you
- your partner
- your ex-partner
- or a close relative who lives with you
are an employee or director of that company, you cannot usually get HB. But if you can prove that the arrangement is not meant to exploit HB, you may be able to get benefit.
Your landlord is the trustee of a trust
You cannot usually get HB if you rent a property from a trust of which you, your partner, your ex-partner or a close relative who lives with you is a trustee. If you can satisfy the local authority that the arrangement was not intended to exploit the HB scheme, you may be able to get benefit.
Your child is the beneficiary of a trust
You cannot get HB if your child or your partner’s child is a beneficiary of a trust that is your landlord.
Previous owner
You cannot claim HB if you or your partner previously owned the dwelling which you now rent, unless you could not continue to live in the property without the transfer of ownership.
Commercial basis
You cannot claim HB if the tenancy or other agreement is not on a commercial basis.
Contrived tenancy
You cannot claim HB if the local council believes that your liability to pay rent has been created to take advantage of the HB scheme. For example, if you live rent-free while you are in work, but have to pay rent when you are unemployed.
If you can satisfy the local authority that the arrangement was not intended to exploit the HB system, you may be able to get benefit.
Children leaving local authority care aged under 18
Since October 2001, those who have left care and are relevant care leavers for the purposes of the Children (Leaving Care) Act have continued to be provided with maintenance and accommodation by local authorities in England and Wales until they reach the age of 18. Care leavers in these circumstances cannot get Housing Benefit.
The equivalent provisions will be introduced in Scotland in April 2004 and relevant care leavers in Scotland will be known as compulsorily supported persons.