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Q&A:
Council Tax FAQsLiving arrangementsYvonne Pestell - January 2009revenues.benefits@kirklees.gov.uk
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| What happens if there are other people living with me? | ||||||
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If you have other people living with you, they will be taken into account when your benefit is calculated. If they are dependants, we will need to see proof of the child benefit you receive for them. If they are non-dependants (people over 18) we will need to know if they are working or claiming benefits, and see proof of this. If they are dependants, we will need to see proof of child benefit. If you have any other people living with you, they should fall into one of the categories below. 1) Boarders A boarder is someone who has a responsibility to pay you, a charge which includes payment for some cooked or prepared meals. Boarders can claim housing benefit in their own right but not council tax benefit. 2) Joint Occupiers A joint occupier is someone other than the claimants partner who is jointly responsible to pay council tax and or pay rent for a property. Joint tenants may get benefit in their own right. When calculating benefit the total council tax and or rent will be split between them. 3) Tenants and sub-tenants A tenant or sub-tenant is someone who is contractually responsible to pay the claimant for the right to occupy part of the claimants home, but is not any of the above. A tenant or sub-tenant is able to claim housing benefit in their own right. However, if the local authority thinks the tenancy or sub-tenancy is set up purely to gain benefit, housing benefit cannot be awarded and the tenant/sub-tenant is treated as a non-dependant. 4) A Carer A carer does not count as a non-dependant or boarder, if he or she is looking after the claimant or their partner and is employed by a charitable or voluntary organisation which makes a charge for the service. |
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| I am renting a property, how does this effect my housing benefit claim? | ||||||
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If you rent a property from a private landlord, Housing Association or the Council, you may be entitled to claim housing benefit.
If you are renting a council property, we do not require proof from yourself as we are able to get that information. If you are renting from a private landlord or housing association, we will need to see proof of your rent. You should provide a copy of your tenancy agreement and rent book. If you do not have either of these you will have to ask your landlord to confirm in writing the date the tenancy started, the rent charged and any services included in the rent. If you live in a council property, your housing benefit will be based on the amount of rent charged. If you have services included in your rent, they may or may not be eligible for benefit. It depends what they are for. If you live in a housing association property, unless your rent is considered exceptionally high your Housing Benefit will be based on the amount of rent charged. If you have services included in your rent, they may or may not be eligible for benefit. It depends what they are for. |
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| What is local housing allowance? | ||||||
| For more details about local housing allowance. | ||||||
| What happens if I am moving home? | ||||||
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If you move property you must tell us as soon as possible so that you are not paid too much benefit. If you move to another rented property and wish to claim housing or council tax benefit you should complete a new form before moving in or as soon after.
You should tell Revenues and Benefits about your change of address so they can register you at that property. You can do that by calling us on 01484 414900 or by completing a change of address form on-line. |
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| Can I get any benefit before moving into my home? | ||||||
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Normally a person is only regarded as occupying a property as their home, and therefore only entitled to housing benefit, from the date they move in.
In certain circumstances, the local authority can treat a claimant as occupying the property before they move in. The claimant can be potentially eligible for housing benefit for a maximum period of up to four weeks before actually moving in.
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| Can I claim benefit on two homes? | ||||||
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In certain circumstances it may be possible to claim benefit on two homes;
1) Fear of violence If you have left your property due to fear of violence, by someone in that property or from a former member of your family, you are allowed to claim housing benefit on two properties for a maximum period of 52 weeks. This only applies if it is reasonable that housing benefit be paid for both properties and that you intend to return to the previous property. 2) Students/Trainees If you or your partner are a student eligible for housing benefit or are on a training course and it is unavoidable that you occupy two different properties and it is reasonable then, the authority should treat the claimant as occupying both properties as a home. The claimant is therefore potentially entitled to housing benefit on both properties. There is no time limit on this rule. 3) Large families If your family has, due to its size, to live in in two separate properties, you will be allowed to claim benefit on both properties. The properties should either be owned by the Local Authority or found for you by the Local Authority. 4) Unavoidable overlapping liability If you are responsible to pay rent for two properties, and have moved into the new property and you could not have reasonably avoided being responsible for both of them, you may be entitled to benefit on both properties. This is for a maximum period of four weeks. The Authority will need to see evidence and information that will help it to identify an overlapping liability and determine whether or not it could have been reasonably avoided. Housing benefit is only paid on both properties if you have moved in and are responsible for rent whilst still having liability for rent at your old address. If you remain at your old address and have transferred some items of furniture to your new home, this does not mean you have moved into your new home. It will be treated as though you are still living at your address. You will only be allowed benefit on your old home. |
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