Frequenty Asked Questions
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How much Housing/Council Tax benefit can I qualify for?
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Can I get backdated benefit and how can I make a claim?
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How long will my entitlement continue?
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I am not happy with the Council's decision - what can I do about it?
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I am on Income Support/Job Seekers Allowance (IB ) - do I still need to make a claim to the Council?
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I am on Housing Benefit/Council Tax benefit but am not sure what sort of changes I will need to report?
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I'm on Income Support/Job Seekers Allowance (IB) but I don't get full help with my rent. Why is this?
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I'm thinking about renting privately - will Housing Benefit cover all of my rent?
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I have children at school - how do they get Free School Meals?
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If someone comes to live with me will this affect my Housing Benefit/Council Tax benefit?
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If I rent from a relative will I be able to claim Housing Benefit?
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What is a benefit overpayment, and how is it recovered?
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What is an Overpayment?
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What happens if I'm overpaid?
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How does the Council Recover Overpayments which are Outstanding?
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Overpayments on Council properties
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Overpayments on private properties
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I'm claiming benefit - will someone come to visit me about my claim?
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Why has my Housing/Council Tax benefit entitlement changed?
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How long will I have to wait before my claim is processed?
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If I qualify when will I be paid from?
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If I qualify, how will my benefit be paid?
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I am thinking of renting a property, how do I know what amount of rent the Council will pay on?
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How do I apply for help with my rent or Council Tax?
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Who can I contact about my benefit?
1. How much Housing/Council Tax benefit can I qualify for?
Any benefit claim is assessed on the individual circumstances of the person making the claim and their family.
If you think you may qualify for Housing/Council Tax Benefit and would like us to perform a trial calculation you can contact us directly at any of our Housing Offices or at the Civic Centre, where staff will calculate any possible entitlement for you.
You can download a benefit application form. Notification of entitlement (if any) will be sent to you in writing, as soon as possible.
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2. Can I get backdated benefit and how can I make a claim?
Yes, but you must provide the Council with all of the reasons why your entitlement should start from a date earlier than that which would normally apply. The Council will only be able to award a "backdating" if you can demonstrate "good cause" throughout the period that you are seeking benefit to be paid. To demonstrate good cause you must show reasons other than things like "I didn't know about the scheme" or " I didn't have time to apply". You must apply in writing preferably using the Council's Backdating Request form which contains more details about what is good cause. There is currently a backdating limit of 1 year from the date that your request is made.
Remember:
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Any backdated entitlement can be given for a maximum of 52 weeks from the date of the claim
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A request for backdating must show "good cause"
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A request for backdating must be made in writing on either a backdating form, or in a letter, clearly stating the reasons why you want your benefit to be backdated.
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3. How long will my entitlement continue?
This will be determined by the Council based upon your circumstances but the length of your benefit period will normally be either 26 weeks for those whose circumstances are more likely to change (for example those on Job Seekers Allowance) or 52 weeks for those whose benefit is less likely to change. When you are notified of the result of your benefit assessment the letter that the Council sends you will include details of the date that your award is made up to.
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4. I am not happy with the Council's decision - what can I do about it?
If you are unhappy with a decision we can:
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Provide you with a more detailed breakdown of your assessment.
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Look again at the decision that has made in relation to your claim.
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If you are still unhappy, you can formally appeal against the decision which will involve your case being considered by an independent tribunal organised by the Appeals Service.
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5. I am on Income Support/Job Seekers Allowance (IB) - do I still need to make a claim to the Council?
The fact that you are in receipt of one of these benefits does not give an automatic entitlement to Housing Benefit or Council Tax benefit and a claim must always be submitted to the Council. When claiming Income Support or Job Seekers Allowance(IB) an application form for Housing Benefit/Council Tax benefit (called an HCTB1 form) is provided by the Benefits Agency and should be returned to them who in turn will pass that form to the Council. This along with confirmation of entitlement to Income Support or Job Seekers Allowance(IB) will allow the Council to award Housing Benefit or Council Tax benefit without carrying out any further "means test". However, further information may be required (such as rent details) and you will probably be asked to provide this information by completing the Council's own claim form.
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6. I am on Housing Benefit/Council Tax benefit but am not sure what sort of changes I will need to report?
You must report all changes that might affect your entitlement. For those on Income Support or Job Seekers Allowance(IB) this includes:-
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If you stop receiving Income Support or Job Seekers Allowance(IB).
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If someone comes to live with you.
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If someone leaves your household.
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If someone who lives with you as a non-dependant has a change in their income.
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If you start to receive Attendance Allowance or Disability Living Allowance.
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If you are a private tenant and your rent changes.
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If you have a child that starts or leaves school.
If you are not on Income Support or Job Seekers Allowance(IB) then in addition to the things mentioned above you must always report:-
When you or your partner's income or capital changes.
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7. I'm on Income Support/Job Seekers Allowance (IB) but I don't get full help with my rent. Why is this?
There could be several reasons for this:-
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You can only get help with your rent for things that are eligible. Amounts paid as part of the rent for things like water rates and heating are not eligible and don't qualify for Housing Benefit.
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You may have a "non-dependant" living with you and an amount is deducted from your Housing Benefit based upon the circumstances of the non-dependant. The scheme expects that the non-dependant contributes towards the cost of the rent.
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If you are renting privately then the amount of Housing Benefit that you receive will be based upon a maximum figure for your household requirements known as a Local Housing Allowance. This amount may be less or greater than your contracted rent.
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8. I'm thinking about renting privately - will Housing Benefit cover all of my rent?
Not necessarily. The level of rent that you agree to pay is a matter between you and your landlord but it will not always be the level that the Council will use to assess Housing Benefit. The scheme requires the Council to use the level fixed by the Rent Service known as a Local Housing allowance|. This is based on the number of bedrooms required by your household.
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9. I have children at school - how do they get Free School Meals?
Your children can only get free meals if you are in receipt of either Income Support or Job Seekers Allowance(IB) or Child Tax Credit with a total income of less than £15,575. If you are a householder and apply for either Housing Benefit or Council Tax benefit then the Council will normally be able to award free school meals automatically. However, if you have children at school and they haven't yet been awarded free meals even though you are on Income Support or Job Seekers Allowance(IB) or Child Tax Credit with a total income of less than £15,575 then please ring 0191 433 3729 for assistance. Use the online line form to receive a Free School Meals Application form.
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10. If someone comes to live with me will this affect my Housing Benefit/Council Tax benefit?
If that person is your partner then you will need to be re-assessed as a couple and that will involve taking account of your joint circumstances. Otherwise, if the person is aged 18 or over they will need to be treated as a "non-dependant" as far as the schemes are concerned and in most situations this will affect your entitlement. Normally a "non-dependant deduction" will be made from your entitlement based upon the circumstances of the person concerned. This may also affect the amount of Local Housing Allowance| you are entitled to. You should report all changes in your household/family arrangements and it will be up to the Council to decide how the change affects your entitlement.
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11. If I rent from a relative will I be able to claim Housing Benefit?
If you pay rent to a landlord who is also a close relative and you live in the same property then you will not be able to qualify. However if you are renting from but not living with the relative then you will normally be eligible to apply. However the Council will need to ensure that a true commercial tenancy exists and will probably ask you for more details in order to support your claim. There is also a range of other situations which prevent the Council from paying Housing Benefit such as if you are renting a property that you previously owned or are paying rent to a former partner.
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12. What is a benefit overpayment, and how is it recovered?
The Benefits Service would normally always try to recover overpayments, except in situations where there had been official error and it is considered unlikely that the claimant could have been aware of this, or in extreme cases where it is considered inappropriate to recover because of the exceptional circumstances of the case.
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13. What is an Overpayment?
The scheme defines an overpayment of Housing Benefit as "Any amount of Housing Benefit which has been paid but to which there is no entitlement, whether on initial determination or as subsequently revised on review or further review".
Most people who have any involvement with the benefits scheme, will be aware of how complicated the subject Housing Benefit actually is, and as a major part of the scheme the subject of "Overpayments" is no exception.
Trying to clarify this subject isn't easy, however the following may assist.
In the Department of Works and Pensions' (DWP) Guidance Manual, 24 pages are devoted to the topic, but the most likely situations where an overpayment can occur are given below.
An overpayment will generally arise as a result of one of the following:
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End of entitlement following a change in circumstances eg. no longer on Income Support (IS), starts work, non dependant enters the household etc.
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End of entitlement prompted by the Council eg. cancellation of HB following the tenant's failure to supply information, cancellation following a fraud investigation etc.
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End of entitlement prompted by Jobcentre Plus ie. the Council are instructed to cancel HB from a date supplied by Jobcentre Plus as the date that IS ends following their investigation. Large overpayments are regularly generated as a result of such actions.
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Change in entitlement following a change in circumstances - these are by far and away the most common and include things like income changes, capital changes, non dependant change etc.
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End or change of entitlement following a "Data Matching" exercise ie. comparing Housing Benefit records with those held by other organisations as part of our involvement with the DWP Housing Benefit Matching Service.
In all of the above situations the action taken in cancelling or reassessing will be from a specific date. The level of the overpayment will be determined by comparing the new entitlement (which may be nil) from that date, with the amount that was actually paid during the period in question.
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14. What happens if I'm overpaid?
The amount of the overpayment will normally be recovered from you unless it is an error on the part of the Council or the Jobcentre Plus that you couldn't have been aware of. If the Council believes that you are liable for the overpayment, then you will be informed in writing and it will be explained how the money is to be repaid. If you are asked to repay and this creates financial hardship then you can ask for an arrangement to recover over a period of time.
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15. How does the Council Recover Overpayments which are Outstanding?
How the overpayment is recovered depends on many factors, these include the type of tenancy, the amount of and reason for the overpayment.
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16. Overpayments on Council properties
If an overpayment occurs the recovery procedure can vary depending on whether the tenant still has Housing Benefit entitlement in payment, albeit at a reduced amount.
If, for example, the Council have been assessing a tenant's benefit based on their employed earnings and they receive an increase that requires the Council to reassess their entitlement, Housing Benefit may remain in payment at a reduced rate. Should this be the case, the balance of the overpayment will remain on the the benefit computer system for recovery by 'clawback'.
This means that the overpayment will be recovered from the claimants remaining Housing Benefit entitlement. Recovery will be made at a set amount determined by the Depertment for Work and Pensions and may vary according to how the overpayment occured. If entitlement is less than the rate of recovery, the Council will pay the minimum amount of entitlement which is currently 50p per week.
If the recovery of the overpayment causes the tenant 'financial hardship' they may request the 'clawback' figure to be reduced. This can be done, but only following a written request by the claimant.
If, due to a reassessment or cancellation, the resulting Housing Benefit entitlement is nil and an overpayment remains outstanding, the balance of the overpayment will be passed to a 'sub account' for which Community Based Services will begin their own recovery proceedings.
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17. Overpayments on Private properties
When an overpayment occurs on a private property (including Registered Social Landlord (RSL) properties) and the claimant is still entitled to Housing Benefit, the balance of the overpayment will be recovered in full from future Housing Benefit payments.
Once again the claimant can request in writing that the weekly recovery rate be reduced due to 'financial hardship'. This is a similar procedure to 'clawback' but is normally referred to as an 'arranged payment'.
In cases where a cancellation or change has resulted in a nil entitlement of Housing Benefit it is first necessary to establish who should be liable to repay any subsequent overpayment. In many private cases payments are made directly to a landlord or agent on the claimant's behalf, if the claim is cancelled it is not necessarily the landlord who is liable to repay this. The liability for repayment in this case would depend on the reason for cancellation, if it is because the claimant has moved it would be the landlord's responsibility to repay. If it was due to a change in the tenant's circumstances the claimant would be responsible as the landlord could not have been reasonably expected to know, and the payments were only sent to the landlord on the tenant's behalf.
Once liability has been established the recovery procedure should be as follows:
1. If the tenant is responsible the Council will recover from their new entitlement if a new claim is made, failing that they will be issued with a sundry debtor invoice for the outstanding balance.
2. If the landlord is responsible the Council will recover from their payment schedule if they are receiving Housing Benefit payments re other tenants, if not the Council will issue the landlord with a sundry debtor invoice.
For more information on overpayments please contact the Benefits Section on 0191 433 4646
E-mail enquiries.finance@gateshead.gov.uk|
At other times, or if the lines are unavailable an answer phone can be used - 0191 477 9954.
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18. I'm claiming benefit - will someone come to visit me about my claim?
The Council is now administering benefits in accordance with the requirements of the Government's Verification Framework. This involves carrying out much more detailed checks and as part of this there is a requirement to visit all claimants over a period of time and on an ongoing basis. In addition if you are someone who, because of age or disability, cannot get into one of the Council's Benefit contact points then you can ask for a visiting officer to come out to see you.
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19. Why has my Housing/Council Tax benefit entitlement changed?
Your circumstances may have changed e.g. income, rent, someone may have moved in or out, or they may have had a significant birthday (16,18 or 25 years)
Your benefit may have expired or been cancelled by Benefits Agency, you may need to complete a new application form.
You may have been overpaid and your entitlement may have been reduced to recover the outstanding amount.
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20. How long will I have to wait before my claim is processed?
We will assess your claim as soon as possible but this might be delayed for a variety of reasons such as:-
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If the form is not fully completed or there are things missing.
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If the Council is waiting for information from someone else such as the Benefits Agency or the Rent Office.
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If there is a backlog of work.
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If the Council is not satisfied with information that has been provided (in which case we will write to you).
You will be sent a notification letter once your application has been processed
If we do not have all of the information needed, we will be unable to process your application.
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21. If I qualify when will I be paid from?
This will normally be from the Monday following the week in which your form was received either at the Council or the Benefits Agency. However if you apply during the week in which your tenancy or Council Tax liability starts then benefit will be paid from that date. It is important therefore to submit your application as soon as possible and please don't wait until you have all of the proofs that are required. For example you can submit your claim with 3 payslips even though 5 are needed. The remaining 2 can be submitted when they are available as long as that is within 4 weeks of submitting the original claim.
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22. If I qualify, how will my benefit be paid?
Your weekly entitlement to Council Tax benefit will be converted to an yearly amount, passed directly to your Council Tax account and be deducted from the balance that is due to be paid. Payment of Housing Benefit will depend upon the type of your tenancy and other circumstances. For example:-
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If you are a Council tenant then your entitlement will be passed to your rent account and you will be asked to pay a smaller amount of rent each week.
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If you are a tenant of a Registered Social Landlord then your entitlement will be paid either to you or your landlord by cheque or Bankers Automated Credit System (BACS). If it is paid to you then you will be paid in arrears every 2 weeks but if it is paid to your landlord it will be paid every 4 weeks in arrears. You can normally decide who should receive the payment unless you are 8 weeks or more in arrears with your rent, in which case your landlord can insist that payment be made directly to him.
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If you are a private tenant, then your entitlement will be paid to you by BACS to your bank account. It is then your responsibilty to make payment of rent to your landlord. We can only pay your landlord in certain exceptional circumstances. Please refer to the Local Housing Allowance page for further information.
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23. I am thinking of renting a property, how do I know what amount of rent the Council will pay on?
If you live in Council or Housing Association property the rent charged would normally be considered as reasonable.
If you are considering renting a property from a private landlord you will need to calculate the number of rooms required for your household. Once you know how many rooms you require the amount of Local Housing Allowance you will be entitled to will be displayed at Civic Centre, The Gateshead Housing Company offices|, or on the Council website. This is the amount of Local Housing Allowance on which entitelment will be assessed. This may be reduced or restricted depending on your circumstances. Refer to the Local Housing Allowance| page for further information.
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24. How do I apply for help with my rent or Council Tax?
You can apply for both Housing Benefit and Council Tax Benefit by completing the Council's Benefit Application form. If you have filled in the Benefits Agency form (HCTB1) along with an application for Income Support (Income Support) or Income Based Job Seekers Allowance (Job Seekers Allowance IB) and you are either wishing to claim Housing Benefit as a tenant of a private landlord or you have children at school and you are wishing to claim free school meals, then you will still need to fill in the Council's own form.
With the form you will need to submit all of the proofs that are asked for (original documents only) and be able to produce evidence of your identity and something that will be able to confirm your National Insurance number. If you don't answer all of the questions or provide the necessary proofs then this will delay the time it will take for your claim to be assessed.
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25. Who can I contact about my benefit?
You can contact the Council during office hours at any of our Housing Offices or at the Civic Centre. If you want to telephone we can be contacted directly at the Civic Centre.
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