Housing Benefit Qualification

The claimant must normally occupy the accommodation as their usual home. Housing benefit is paid on one home only. There are exceptions where families are housed in two properties

• because of their size and
• claimants who move out of accommodation because of fear of violence
• Claimant moves out and remains liable to rent
• Claimant who is waiting for adaptations for disability
• Claimant who is waiting to leavee hospital or a care home

The applicant must prove occupation. A claim may only be made for periods when he resides in the property. He must be habitually resident. This is place of normal residence.

The claimant must have the requisite low income. Persons who qualify for income support or income based jobseekers allowance or income related to employment and support allowance or pension credit guarantee element automatically qualify. Others must satisfy a means test.

Certain classes of persons are excluded entirely. They include most fulltime students, members of religious orders, persons who are not habitual residents under 18 care leavers and in most cases the persons who previously own the occupation and rented it back less than five years since they last owned it. The former owner rule does not apply where the claimant can satisfy the executive that they could not have stayed on living in the house without selling it and renting it back.

There are exceptions to the inclusion of fulltime students.

• They may be eligible for housing benefit if they are in receipt of income support, income based jobseekers allowance or income related employment and support allowance
• They are under 21 not following the course of higher education. They or their partners are both fulltime students and either of them are responsible for child or qualifying in person.
• They are lone parents with dependent childrenor qualifying in person under 20
• They are   lone foster parent  and the child is formally placed with them by local authority.
• They meet the conditions for premium disability.
• They are incapable for work for 28 weeks
• They have had limited capability for work
• They meet the conditions for severe disability premium
• They are waiting to go back to a course have been taken to prove timeout because of illness or caring responsibilities.

Generally EEA national who are economically  active have a right to claim housing benefit while they are habitually resident in the UK. They must have a right to reside in the UK and be actually resident. They must show that they have been settled in the UK for at least three months.

Worker Self-employer person and family members

Person who retain status as a worker or self-employed person and family members

Persons who have a permanent right to reside in the UK Persons who are treated as a worker with the purpose of immigration EEA regulations

Persons in receipt of income support or income related employment and support allowance including EEA nationals

Persons who receive jobseekers allowance with right to reside

There are certain restrictions or entitlement to housing benefit. In order to qualify as a jobseeker or former worker under EEA regulations, the person must have entered the UK in order to seek employment or be present immediately after having had the right to reside a worker or self employed or self sufficient or student and provide evidence he is seeking employment and is a genuine chance of being engaged. There is limit of six months for retention of worker status for formal worker who has worked for less than 12 months before becoming involuntarily unemployed.

The entitlement to jobseekers allowance has changed the habitual residence test so that the person can only claim the allowance if he can prove that he has been living in the common travel area or at least three months i.e. UK, Republic of Ireland and Channel Islands and Isle of Man.

The right of EEA national to obtain benefits has been further restricted as of April 2013. And EEA jobseeker who is entitled to income based jobseeker’s allowance will not be entitled to access housing benefit. This applies to new claims after 1st April, 2014.

The transitional arrangement applied until 2011 in respect of eight former eastern bloc countries which proceeded to the EU in 2004 and until 2014 in respect of Romania and Bulgaria.

Most non-EU nationals are subject to immigration control and will not be entitled to housing benefit. If they are habitually resident in the common travel area or exempt from habitual residence test and are not subject to immigration control, they may be entitled to housing benefit.

This may include

• Persons with limited leave to enter subject to there being no recourse to public funds or no charge on public funds who have been supporting themselves but whose funds have been temporarily interrupted from abroad.
• Persons who have been admitted as sponsored immigrant as a result of maintenance undertaking who has been resident for less than five years and whose sponsor has died
• A person who has been admitted as a sponsor of an immigrant as a result of a maintenance undertaking, who has been resident in the UK for at least five years
• Persons who have been granted leave on a discretionary basis, or leave by regulations in relation to displaced persons
• Person granted humanitarian protection
• Person who is not subject to immigration control and who is in the UK as a result of deportation, expulsion or removal by compulsion from another country to the UK
• Person who is receipt of income support jobseekers allowance or income related employment and support allowance.

The level of assumed contribution to rent and rates depends on the gross income of the non-dependent in the household. Non-dependents who are over 25 and on income support are assumed to make a [£7.40] contribution. All persons, irrespective of income and under a weekly income of £106, are assumed to make a contribution of £7.40 for rent and £2.30 for rates.

The amounts of housing benefit comprise a personal allowance and premium. The levels of personal allowance depend on age, single or lone parent (singles 25 or under or over). Lone parent 18 under or over, couple one or both over 18 or both under.

The maximum personal allowance for a single person over 25 is £57.45, and the allowance for a couple over 18 is £90.10. The rates for persons over 60/65 are substantially higher, ranging from a single person aged 65 and over £131.95 to a couple at this age, £197.65.

Families with children may qualify for additional premiums. There were additional premiums for a disabled child. The family premium is £16.25, rising to £45 where there is a disabled child.

Persons in receipt of the guarantee credit element of pension credit without income support or income-based jobseeker’s allowance qualify automatically. In the case of others, capital of £16,000 or more is excluded. Capital under £6,000 is ignored. An income of one pound per £250,  £    per £500 for those aged 60 applies between £6,000 and £16,000.

Income includes most income and benefits except attendance and disability allowances, child benefit, child tax credit. Certain sums ranging between £5 and £25 are regarded — disregarded in various circumstances applicable to a particular person.

Lone parents working over 16 hours a week, couples working more than 16 hours a week, or couples where one is incapacitated may have childcare costs of £175 for one child or £300 for two disregarded. Certain persons receiving tax credit have a further amount disregarded #[12:17] £14.90.

Where income is less than the above amounts, the maximum housing benefit is payable. If it exceeds the above amounts, housing benefit is the eligible rent, which is 65 percent of the difference between the amounts applicable above and the income. In the case of rates, that’s 20 percent of the difference.

Housing costs can cover rent and service charges, excluding those related to specific services. Rent covered will not include other costs such as meals and support, et cetera.

The liability for rent and rates must actually exist. It cannot be manufactured simply for the purpose of claiming housing benefit.

The rent is restricted to rents calculated by the district council, which considers the median rents for the area, the size of the property, and the household. In relation to private sector housing, the effect is that housing costs above this sum will not be met.

For persons under 25, the maximum rent benefit allowed is not applied for a single room and shared accommodation.

In both of the above circumstances, hardship payments may be made exceptionally. An application may be made to have eligibility predetermined.

Entitlement runs from the date of claim or, in some cases, the date of the first application.