How to make a housing benefit claim

Debt charity Step Change has published guidance on debt and coronavirus that outlines what assistance may be available for people unable to meet their financial obligations, including paying their rent or mortgage, because of the coronavirus pandemic.

Claims for housing benefit are made to the claimant's local authority.

Forms can be obtained from the local authority's housing benefit department or downloaded from its website. In addition to accepting a claim in writing, authorities can normally also choose to accept a claim for housing benefit that is made wholly by telephone or internet, and can choose to accept notifications of changes of circumstance wholly by telephone or internet.

The authorities still require documentary evidence and information when reporting a change of circumstances.[1]

Amending a claim

A claimant can amend or withdraw a claim before it has been finally determined by giving notice in writing or by phone, or in any other way that the authority is willing to accept, regardless of the way in which the claim was originally made.[2]

Claiming as a couple

People living together as a couple (whether married, in a civil partnership or cohabitating) can choose who the claimant is. They cannot both be the claimant, even though a local authority may ask them both to sign the claim form. If they cannot agree who the claimant is, the local authority can choose.[3]

A claimant can make a written claim for housing benefit to Jobcentre plus at the same time as they claim pension credit, income support, jobseeker's allowance, incapacity benefit or employment and support allowance (ESA).[4]

An ESA or pension credit claim can be made by telephone (0800 055 6688) to Jobcentre plus.

The Jobcentre plus office should automatically send the claim, with its details and the relevant documents, to the local authority for processing.[5]

The Court of Appeal held that a claim for housing benefit can count as a claim if expressed as a claim 'for the benefits to which I am entitled', whether or not it explicitly mentions housing benefit. Such a claim may be defective and require further information to render it a valid claim, but as a date of claim, it would be valid.[6]

The form requests details about the claimant's address, income, capital, rent payable, other people living in the property and members of the claimant's own household. The claimant is required to send in proof of rent paid, any tenancy agreement, proof of income and capital (such as wage slips and bank statements) and any other relevant information requested by the local authority.[7]

The local authority may decide to investigate a housing benefit claim where it suspects that a benefit offence may be, or has been, committed. The authority has wide powers to require information from sources including landlords, employers, banks, childcare providers and credit reference agencies.[8]

Housing benefit claimants are also required to provide a national insurance number for themselves and any partner (or evidence to enable their number to be traced or, if they do not have one, for one to be allocated).[9] This requirement does not apply to any partner who does not have leave to enter or remain in the UK.[10] This also does not apply to people living in hostels, although they are still asked to show evidence of identity.[11]

As soon as it makes a decision, the local authority must send written notification of how much housing benefit is to be awarded.[12]

The authority must show what the eligible rent is, how much has been deducted (eg for services or for non-dependants), how much the housing benefit is per week, and the first day of entitlement.

In addition to this, the claimant has a right to ask the local authority for a more detailed explanation of how their benefit has been worked out. This should be sent within 14 days of the request.[13]