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Housing Benefit

Housing Benefit. Law Centre NI October 2009. Who can claim?. Must not have capital over £16,000 except where on Pension Credit (Guarantee Credit) Must be liable for rent Must normally occupy home Must satisfy right to reside and habitual residence test

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Housing Benefit

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  1. Housing Benefit Law Centre NI October 2009

  2. Who can claim? • Must nothave capital over £16,000 except where on Pension Credit (Guarantee Credit) • Must be liable for rent • Must normally occupy home • Must satisfy right to reside and habitual residence test • Must not be a person subject to immigration control

  3. Liability Some examples where a claimant is treated as not liable where: • tenancy not on a commercial basis • tenancy created to take advantage of Housing Benefit scheme • s/he resides with and pays rent to her/his or partner’s close relative • s/he is renting a former joint home from her/his ex-partner or her/his partner’s ex-partner • s/he (or partner is responsible for a child of the landlord • s/he does not satisfy the habitual residence test

  4. Claiming Housing Benefit People on income-related ESA, Income Support or JSA(IB): All tenants/ - Social Security Agency Owner Occupiers People not on IR-ESA, IS or JSA(IB): All tenants - NIHE District Office Owner Occupiers - Land and Property Services Office NB: Differs for people on Pension Credit

  5. Payment of Housing Benefit • N.I.H.E. Tenants • Reduction in rent • Housing Association/Private Tenants • by cheque to person claiming; or • direct to landlord • Owner Occupiers • reduction in rates

  6. Extended payments of Housing Benefit • been in receipt of income related ESA, IS/JSA(IB) and entitlement ended due to increased hours, increased earnings or starting work; or

  7. Extended payments of Housing Benefit • under 60 and been in receipt of ESA(C), Incapacity Benefit/SDA (but not Income Support)/ JSA(IB) or income related ESA and entitlement ended due to increased hours, increased earnings or starting work; and • been in receipt of relevant benefits for 26 weeks and • increase in hours is expected to last for 5 weeks and • liability for rent will continue for four weeks.

  8. Extended payments of Housing Benefit cont… Payable for four weeks at the rate Received before benefit ended. NB: a person/partner aged 60 or over whose IS/JSA (IB) ceases because of claiming Pension Credit will also be entitled

  9. Calculating Housing Benefit People on Income Support, JSA(IB), Pension Credit (GC), or income-related ESA receive maximum Housing Benefit

  10. Maximum Housing Benefit Maximum Housing Benefit = 100% Rent and 100% Rates Minus DEDUCTIONS FOR: • Non-dependants • Fuel charges • Meal charges • Certain service charges

  11. Non-dependant deductions

  12. No non-dependant deduction for a person: (a) receiving certain training Allowances (b) aged under 25 on Income Support or JSA (IB), income related ESA (but only while in assessment phase) • receiving PC • in prison • in hospital (more than 52 weeks) (f) full-time student (g) aged 16 or 17 (h) presently staying in the household but whose normal home is elsewhere

  13. No non-dependant deduction where a person claiming or partner is: • Registered blind • Receiving Attendance Allowance • Receiving Disability Living Allowance (any rate of the care component)

  14. Fuel charges • Housing Benefit will not usually be paid for fuel charges included as part of rent. • Service charges for fuel in communal areas will be met

  15. Fuel charges cont… Fuel charges unspecified in rent

  16. Fuel charges cont…

  17. Service charges Eligible for Housing Benefit if: • they are reasonable • paid as part of the tenancy • not specifically excluded from assistance

  18. Service charges cont… Eligible charges include: • Provision of adequate accommodation • Laundry facilities 3. Furniture/Household equipment 4. Cleaning of communal areas

  19. Service charges cont… Not eligible: • sports facilities • TV rental and licence fees • transport • personal laundry services • medical expenses • nursing and personal care • Counselling and any other services not connected to the provision of adequate accommodation NB: Charges in supported accommodation treated differently

  20. Charges for meals Meals included in rent are not covered SET DEDUCTIONS • 3 meals a day per family member aged 16 or over £22.95 per family member aged under 16 £11.60 • Breakfast only per family member regardless of age £ 2.80 • Part board per family member aged 16 or over £15.25 per family member aged under 16 £ 7.65

  21. People noton IS/JSA(IB), IR-ESA or PC(GC) • calculate maximum Housing Benefit • calculate applicable amount • calculate income • compare income with applicable amount • if income is LESSthan applicable amount, then maximum Housing Benefit is paid • if income GREATERthan the applicable amount, then apply the set taper to the excess amount to reduce Housing Benefit entitlement.

  22. Applicable amount – over 60 Applicable amount differs for people aged 60 and over • the adult personal allowance is higher • only the family, disabled child, enhanced disability (child), severe disability and carer’s premiums can be included

  23. Step 2 applicable amounts

  24. Step 2 applicable amounts

  25. Premiums

  26. Premiums cont…

  27. Step 3 Income NET EARNINGS • gross earnings minus Tax, NIC and ½ of any contribution to an occupational/personal pension • SELF-EMPLOYED earnings equals gross profit minus reasonable expenses Earnings includes Statutory Sick, Maternity, Paternity and Adoption Pay

  28. Earnings Disregard £175/£300 relevant childcare charges £25.00 person is a lone parent £20.00 person qualifies for disability or severe disability premium or work related activity or support component of ESA or aged 60 or over and in employment which attracted a £20 disregard before the age of 60 £20.00 part-time firefighter, auxiliary coastguard, lifeboat person, part-time Army Service (NI),PSNI reserve or territorial army £20.00 carer premium awarded £10.00 couple and none of the above apply £5.00 single and none of the above apply £16.85 in certain cases

  29. Earnings Disregard Childcare costs • Relevant Childcare charges of up to £175/£300 a week per family can be offset against earnings/earnings along with WTC (some cases) in respect of a child or children under 15 (16 if disabled) • Estimated over period not exceeding a year, that will give estimate of the average weekly charge over the benefit period

  30. Earnings Disregard Applies to: • Couples where both partners are working 16 hours or over • Couples where one partner is working 16 hours or more and the other is treated as incapable of work • Lone parents working 16 hours or more • Couples who are off sick • Lone parents who are off sick but only for the first 28 weeks

  31. Childcare Childcare must be provided by: • registered childminder or other registered childcare provider such as a nursery; or • school or establishment exempt from registration under the Children (NI) Order Act 1995; or • childcare scheme operating on Crown property or out of hours club or school premises run by the school or local health and social services trust or education and library board; or

  32. Childcare cont… • foster parent or carer who provides childcare for someone other than a child being fostered; or • Childcare scheme run by an approved provider (eg breakfast club or after school club for children aged seven or over); • Childcare provided in a child’s own home by person approved by a HSST under the Home Care Providers Scheme. Childcare provided by a parent or relative in the home of the child or relative is excluded.

  33. Increased Earnings Disregard The standard earnings disregard is increased by £16.85 where a person/partner: • receives the 30 hour credit as part of WTC • receives a family premium and s/he (or partner) works a total of 16 hours or more a week (one must work at least 16 hours) • is aged 25 or over and works at least 30 hours a week • is a lone parent and works at least 16 hours a week • receives the 50 plus element of WTC, or would receive this if s/he claimed WTC

  34. Increased Earnings Disregard cont… • Works 16 hours or more per week and her/his Housing Benefit includes the disability premium or the work related activity component or the support component of ESA. For couples the person for whom the component/premium is paid must be the person working 16 hours or more

  35. Increased Earnings Disregard cont… • is aged 60 or over, works at least 16 hours a week and receives Incapacity Benefit (long term), SDA, Attendance Allowance, DLA, any mobility supplement, the disability or severe disability element of WTC, or is registered blind or has been incapable of work for 364 days (196 days if terminally ill)

  36. Increased Earnings Disregard cont… No increase in standard disregard where total earnings do not exceed the total of: • the standard earnings disregard of £5/£10/£20/£25 • childcare charges disregarded against earnings • the 30 hour credit of £14.90 Instead, £16.85 of Working Tax Credit will be disregarded.

  37. Other income Counts in full: • Child Benefit/One Parent Benefit • ignored if over 60 and ignored from Oct 09 if under 60 • Working Tax Credit (but note exceptions) • Child Tax Credit • Most National Insurance Benefits • Retirement Pensions/Occupational Pensions • Carer’s Allowance • Industrial Injuries Benefits (except Constant Attendance Allowance and exceptionally Severe Disablement Allowance)

  38. Partly Disregarded £10 certain war pensions £15 of any maintenance payments if person claiming qualifies for a family premium (other than child maintenance) £15 Widowed Mothers/Parent’s Allowance £20 weekly payment from sub-tenant £20 income from boarders (+ 50% of the balance of the charges) £16.85 WTC in certain cases only Adoption allowance or custodian payment up to the child personal allowance and disabled child premium, if applicable

  39. Income disregarded completely • Income Support • Income based Jobseeker’s Allowance • Income based ESA • Income of persons claiming Income Support/Pension Credit (GC) • Any component of Disability Living Allowance • Attendance Allowance • Child Benefit • Guardians Allowance

  40. Income disregarded completely cont… • Education Maintenance Allowances & Grants for non-advanced education • Expenses paid for doing voluntary work • Travelling expenses and living away from home allowances for JTS and YTS • Job Start Allowance • Payments made by a non-dependant • Social Fund payments • Payments under the Children (NI) Order 1995 • Certain personal injury, charitable and voluntary payments

  41. Income: Pension Credit: Savings Credit only TO • Income figure used for Pension Credit ADD: • Pension Credit (SC) • any income and capital of partner not taken into account for PC • any income of non-dependant which can be counted as income of person claiming

  42. Income if on Pension Credit: Savings Credit only THEN SUBTRACT • childcare charges disregard • the highest amount disregarded, where applicable, for: • Lone parent earnings; or • maintenance by former partner or partner’s former partner; or • payments of maintenance made by the parent of a child who is a member of the family of the person claiming but only where the parent is not the person claiming or her/his partner; • the increase (£16.85) to the standard earnings disregard; or • any discretionary increase to £10 disregard for certain war pensions

  43. Income from capital Person or partner under 60: • Between £6,000 and £16,000 an income of £1 per week will be assumed for every £250or part of £250 in excess of £6,000 NB: Capital of a dependant child ignored.

  44. Income from capital Person or partner over 60: • Over £6,000 an income of £1 per week will be assumed for every £500 or part of £500 in excess of £6,000 (£10,000 from 2nd Nov. ‘09) • On PC Guarantee Credit: No upper limit • No PC or on PC Savings Credit £16,000 upper limit. NB: Capital of a dependant child ignored.

  45. Step 4: Compare the applicable amount and Income • if the applicable amount is greater than the income thenmaximumHousing Benefit is payable (i.e. 100% rent/100% rates minus any deductions) • if the applicable amount is less than the income, Housing Benefit is reduced below the maximum by means of a set taper

  46. Step 4: cont… Apply taper to the amount that income exceeds applicable amount FOR RENT - 65% of the excess FOR RATES - 20% of the excess

  47. Example: Robert and Pat, both aged 32 have two children aged 7 and 5. Robert is unemployed with no source of income. Pat is working 20 hours and takes home £106.55 (gross wages £130.00). The family receives Child Benefit of £33.20, WTC of £69.58 and CTC of £96.32. The couple’s rent and rates are £60 and £15 respectively. The family are all in good health.

  48. Example Maximum Housing Benefit 100% rent £60.00 100% rates £15.00 Applicable Amounts Personal Allowances £100.95 £ 56.11 £ 56.11 Family Premium £17.30 £230.47

  49. Example cont… Income • Net earnings i.e. £106.55 minus £10 standard disregard £16.85 additional 30/16 hour disregard £79.70 • WFTC £69.58 • CTC £96.32 • Child Benefit £ 33.20 Total Income £278.80

  50. Calculating Housing Benefit • Calculate difference between income and applicable amount Income £ 278.80 Applicable amount £ 230.47 £48.33

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