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Changes from April 2011

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Housing and Council Tax Benefit: 01903 221062

revsbens@worthing.gov.uk

Introduction

Legislation was passed by Parliament on 30 November 2010 that affects the way that Housing Benefit will be worked out from April 2011 that which mainly affects customers who rent from a private landlord.

Changes

From April 2011, the following changes will be made

All Local Housing Allowance rates will be reduced so that about three in ten properties for rent in the area should be affordable to people on Housing Benefit, rather than five in ten properties as now
Additional payments of up to £15 per week (where a customer's Local Housing Allowance rate is more than their rent) will end
Caps will be introduced so that the weekly Local Housing Allowance rates do not exceed the maximum figures shown below. All these weekly figures are above the current Local Housing Allowance rates for the Worthing area, so Worthing residents will not be affected by this change. The maximum weekly figures are
- £250 for a one-bedroom property
- £290 for a two-bedroom property
- £340 for a three-bedroom property
- £400 for a four bedroom property
The five-bedroom Local Housing Allowance rate will end, so the maximum rate will be for a four-bedroom property
Disabled customers will receive an enhanced amount of Housing Benefit that will take into account the cost of an additional bedroom, provided they rent a property that has an extra bedroom for their carer (who stays overnight but who doesn't normally live with them)
The circumstances when Housing Benefit payments can be issued to a landlord (rather than to the tenant) are being enhanced
The deductions where a customer has someone living with them who is a grown-up relative or friend will be increased

Further information about points 1 to 6 are given in the pages about Local Housing Allowance changes from April 2011.

Frequently Asked Questions

Below are some questions and answers that are intended to explain in more detail how the Government's changes are likely to effect Benefit entitlement.

What is Local Housing Allowance?

Local Housing Allowance (LHA) is the way of working out the Housing Benefit entitlement for customers who rent from a private landlord. We don't use LHA if

You rent your home from a Housing Association
Your tenancy started before January 1989
Your home is a caravan, mobile home or houseboat
Your rent includes "Board & attendance" (food)

More information about LHA is on our Local Housing Allowance page.

Will I be affected by the changes to LHA?

If you are renting from a private landlord and you made your claim for Housing Benefit on or after 7 April 2008, it is likely that you will be affected by these changes. If you've been receiving Housing Benefit since before 7 April 2008, you're unlikely to be affected by these changes until the "anniversary date" of your claim (and possibly for nine months after that) unless you've had a break in your Housing Benefit entitlement or changed address.

How do I know which LHA rate applies to me?

The LHA rates are worked out based on the number of bedrooms that a tenant needs taking into account other people who live in their household, in accordance with what the law says. A bedroom calculator is available on the Valuation Office Agency website to enable you to see what size property would be used in any Housing Benefit calculation.

I need a property with more than four bedrooms, so will I only get the benefit at the four-bedroom rate?

From April 2011, if you make a new claim or have a break in your existing claim, the maximum Housing Benefit you can get will be based on the four-bedroom LHA rate. This also applies if you change address or have a change in your household, such as someone moving in or out of your home. You can still choose to move into a property with more than four bedrooms, but your Housing Benefit will be calculated using the four-bedroom LHA rate.

I am already getting Housing Benefit. When will I be affected by the changes?

If you are already Housing Benefit you will not normally be affected until the Monday following nine months after the 12-month anniversary of your last claim unless you move or have a change in your household after April 2011, in which case the changes could apply to you sooner.

Example

If you claimed Housing Benefit on 5 September 2008, your 12-month anniversary date is 5 September every year thereafter. So the changes from April 2011 will affect you from 11 June 2012 (which is the Monday following nine months after 5 September 2011).

However, if you are receiving an excess payment of up to £15.00 per week, this will end from the 12-month anniversary date of your claim (because there isn't a nine-month transitional protection period for this change).

How will I know what the LHA rates will reduce to from April 2011?

The LHA rates are set on a monthly basis by the Valuation Office Agency (VOA), which is independent of the Council. The LHA rates are different throughout the country depending on which area you live in, and are set based on market conditions within that area.

The VOA has started publishing the LHA rates for current months, worked out using the rules that will apply from April 2011. You can view these rates by visiting Direct.gov.uk's LHA Direct page (all properties within the Council's area fall within the "Worthing" Broad Rental Market Area). This will provide an idea of the amount of rent that might be used in your Housing Benefit calculation from April 2011, but rent levels (and therefore the LHA rates) are may change between now and April 2011.

The rent I am paying now is likely to be more that the Housing Benefit I will get when the changes are introduced, so what should I do?

You could talk to your landlord about the changes and see if they will reduce the rent for your property, but if that isn't possible you could start looking for somewhere cheaper. For further assistance you could also contact the Council's Housing Services Team (telephone 01903 221063) or Citizens Advice.

My landlord won't reduce my rent and it's going to be difficult for me to move. Is there any other help?

We can help some people with a Discretionary Housing Payment to meet the gap between their Benefit entitlement and the rent they pay. The amount of money available for these payments is limited so we will have to consider your circumstances carefully. Please telephone 01903 221062 for further advice.

I am getting additional payments of up to £15 per week on top of my rent, so will I stop getting these?

If you receive more Housing Benefit than your rent (because your rent is less than the LHA rate) you will stop receiving the extra money from the 12-month anniversary date of your claim. There is no right of appeal against this change.

Will everybody receiving Housing Benefit get the additional bedroom allowance for an overnight carer?

No. This change will only apply to tenants who meet the qualifying conditions and live in privately rented accommodation (no matter how their Housing Benefit is worked out), but will not apply to tenants who rent their home from a Housing Association or whose tenancy started before January 1989.

I think I will be due an increase in my Housing Benefit because I have a carer who stays overnight, so who should I tell?

Make sure that you contact the Benefits Section to tell us that you have an overnight carer so that we can look at your Housing Benefit entitlement again. You must already have an extra bedroom in your home available for the carer to use before you can qualify.

If you are already getting Housing Benefit and meet the conditions for this extra help, we will award it from the date the Government changes the law.

What about extra rooms for other circumstances such as disabled children, couples who cannot share a room or where extra space is needed for medical equipment?

The change only applies where the person making the Housing Benefit claim (or their partner) needs overnight care.

What are the current deductions for having a grown-up relative or friend living with you?

Please see our web page about non-dependants for further information.

What are the deductions for having a grown-up relative or friend living with you going to be increased to from April 2011?

Please see our web page about non-dependants for further information.

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