Housing Services in Bexley
Housing Benefit
How much Housing Benefit will I receive?
Help with your rent
The following contains a guide which indicates how much Housing
Benefit you might receive. If you want to check whether you are eligible for Housing
and/or Council Tax Benefit there is a quick web calculator available at the following
address:  www.entitledto.co.uk
The amount of benefit you receive will depend on your personal circumstances,
such as:
- The level of your income and savings
- The amount that the government
says that you need to live on
- Whether you have any other adults living
with you
- The amount of your Council Tax (where you are the person liable
to pay)
- The amount of your rent.
Your benefit entitlement is calculated according to government
regulations. After it has been calculated, you will be sent a letter telling
you how much benefit you will get and how it will be paid. If you disagree with
the calculation of your benefit, this letter will also advise you of your rights
to appeal. Any appeal must be made within strict time limits, so please act immediately.
If you are a private tenant and you rent is higher than
the average set for the area, or is thought to be too high for the type of property
you live in, Housing Benefit may not cover the full amount of your rent. The
decision as too what is considered to be a fair rent for the property that you
occupy is made by the Rent Officer Service, which is an independent body from
the Council.
If, prior to renting a property, you want to know if the rent that
is being asked is considered to be fair, you can contact the Revenues
and Benefits Service to ask the Rent Officer to make a Pre-Tenancy
Determination.
Awarding Discretionary Housing Payments
Background
From 2 July 2001, a new scheme is being introduced which grants
all local authorities new powers to pay discretion to top up the Housing and Council
Tax Benefits statutory schemes. The legislation governing DHPs is the Discretionary
Financial Assistance Regulations 2001 (S1 001 / 1167).
There are two separate DHP schemes, one covering shortfalls between rental liability
and payment of Housing Benefit and one covering shortfalls between Council
Tax liability and entitlement to Council Tax Benefit.
The main features of the new schemes are that:
The schemes are purely
discretionary; a claimant does not have a statutory right to a payment, The
amount that can be paid out by an authority in any financial year is cash-limited
by the Secreatry of State, The administration of the scheme is for the Council
to determine, DHPs are not a payment of Housing Benefit or Council Tax Benefit.
However, the minimum amount of HB / CTB must be in payment in the benefit week
that a DHP is awarded.
The Council's approach
Purpose
The purpose of this approach is to specify how Bexley Council
will operate the scheme and to indicate some of the factors that will be considered
when deciding if a DHP can be made. Each case will be treated strictly on its
merits and all customers will be treated equally and fairly when the scheme is
administered. The Council is committed to working with the local voluntary sector,
social landlords and other interested parties in the borough to maximise entitlement
to all available state benefits and this will be reflected in the administration
of the DHP schemes. The Council is committed to the equitable operation of a DHP
scheme.
Statement of objectives
The Council will consider making a payment of a DHP to claimants
who meet the qualifying criteria as specified in this approach. The Council will
treat all applications on their individual merits, and will seek through the operation
of this approach to:
- Alleviate poverty
- Encourage and sustain
Bexley residents in employment
- Safeguard Bexley residents
in their homes
- Help those who are
trying to help themselves
- Keep families together
- Support the vulnerable
in the local community
- Help claimants through
personal crises and difficult events
- The Council considers
that the DHP scheme should be seen as a short time emergency fund. It is
not and should not be considered as a way around any current or future entitlement
restrictions set out within the Housing and Council Tax Benefit legislation.
Claiming a DHP
-
A claim for a DHP must
be made in writing and signed by the claimant. A letter or signed statement
made at Erith Town Hall or at Bexley Civic Offices (subject to following bullet
point).
-
Bexley Civic Offices
will be deemed as sufficient provided the following conditions are met.
On request or in appropriate circumstances, the Council will issue the claimant
with a special DHP application form. This will be date stamped and will count
as the date of claim. The claimant will be required to return the form to the
Council within one month of its issue and will be encouraged to include any relevant
supporting evidence.
-
The Council may request
any reasonable evidence in support of an application for a DHP. The Council
will make such requests in writing. The claimant will be asked to provide the
evidence within one month of such a request, although this will be extended
in appropriate circumstances.
-
If the claimant is
unable to or does not provide the required evidence, the Council still has
discretion to consider the application, taking into account any other available
evidence including that held on the Housing Benefit file.
-
The Council reserves
the right to verify any information or evidence provided by the claimant in
appropriate circumstances.
Period of award
In all cases, the Council will decide the length of time for
which a DHP will be awarded on the basis of the evidence supplied and the facts
known.
The start date of an award will normally be:
-
The Monday after the
written claim for a DHP is received by the Council; or
-
The date on which entitlement
to HB/CTB commenced (providing the application for DHP is received within one
calendar month of the claim for HB/CTB being decided)
Whichever is the earlier, or the most appropriate. The Council cannot award a DHP
for any period outside an existing HB/CTB benefit period granted under the HB/CTB
statutory scheme.
-
The minimum period
for which the Council will award a DHP is one week.
-
The Council will usually
award a DHP for not less than 3 months.
-
The Council will not
normally award a DHP for a period exceeding 12 months.
-
The Council will consider
any reasonable request for backdating an award of a DHP but such consideration
will usually be limited to the current financial year, and will have regard
to the available budget and permitted total for DHPs.
Awarding a DHP
In deciding whether to award a DHP, the Council will take into
account:
-
the shortfall between
Housing and Council Tax Benefit and the liability
-
any steps taken by
the claimant to reduce their rental or Council Tax liability
-
the financial and medical
circumstances of the claimant, their partner and any dependants and any other
occupants of the claimant's home
-
the income and expenditure
of the claimant, their partner and any dependants or other occupants of the
claimant's home
-
any savings or capital
that might be held by the claimant or their family
-
the level of indebtedness
of the claimant and their family
-
the nature of the claimant
and their family's circumstances
-
the amount available
in the DHP budget at the time of the application
-
the possible impact
on the Council of not making such an award, e.g. the pressure on priority homeless
accommodation
-
any other special circumstances
brought to the attention of the Council.
Changes of Circumstances
The Council may need to revise an award of a DHP where the claimant's
circumstances have materially changed.
Method of Payment
The Council will decide the most appropriate person to pay based
upon the circumstances of each case. This could include paying:
- The claimant
- Their partner
- An appointee
- Their landlord (or an agent of the landlord); or
- any third party to whom it might be most appropriate to make payment.
The Council will pay an award of DHP by the most appropriate means available in each
case. This could include payment:
- By cheque or electronic
transfer (e.g. CHAPS to Orbit, London & Quadrant, and Gallions housing
associations);
- by crediting the claimant's
Council Tax account.
Notification
The Council will aim to inform the claimant of the outcome of
their application within 14 days of receipt. Where the application is unsuccessful,
the Council will set out the reasons why this decision was made and explain the
right of review. Where the application is successful, the Council will advise:
-
The weekly amount of DHP awarded
-
Whether it is paid in advance or in arrears
-
The period of the award
-
How, when and to whom the award will be paid
-
The requirement to report a change in circumstances
The right to seek a review
DHPs are not payments of Housing or Council Tax Benefits and
are therefore not subject to the statutory appeals mechanism.
-
The Council will operate
the following approach for dealing with appeals about a refusal to award a
DHP, a decision to award a reduced amount of DHP, a decision not to backdate
a DHP or a decision that there has been an overpayment of a DHP.
-
A claimant (or their
appointee or agent) who disagrees with a DHP decision may dispute the decision.
A request for a review shall be delivered in writing to the Council within
one calendar month of the written decision about the DHP being issued to the
claimant. Where appropriate, officers from the Council will explain the DHP
decision to the claimant by telephone, at interview or in writing and will
seek to resolve the matter.
-
Where agreement cannot
be reached, the Deputy Head of Revenues and Benefits will consider the case.
The Deputy Head of Revenues and Benefits will review all the evidence held
and will make a decision within 14 days of referral or as soon as practicable.
Where the Deputy Head of Revenues and Benefits decides not to revise the original
decision, the claimant will be notified of this decision in writing, with reasons
for the decision.
-
Where the claimant
is still not satisfied, they will be entitled to a further review, provided
this is delivered in writing within one calendar month of the date of the decision
letter sent by the Deputy Head of Revenues and Benefits. The Head of Revenues
and Benefits Services will conduct this further review. The Head of Revenues
and Benefits Services will have the right to access all information held by
the Council and to consult officers from the Council involved in the decision
making process. The decision made by the Head of Revenues and Benefits Services
will be notified in writing to the claimant. This decision will be final and
may only be challenged via the judicial review process or by complaint to the
Local Government Ombudsman.
-
In exceptional circumstances
only, the Deputy Head of Revenues and Benefits or Head of Revenues and Benefits
Services may extend all of the above time periods for review as appropriate.
Overpayments
The Council will seek to recover any DHP found to be overpaid.
Normally this will involve issuing an invoice to the claimant or the person to
whom the award was paid. Recovery will not be made from any amounts of Housing
and / or Council Tax Benefit due to the claimant (except if the claimant requests
this method of recovery specifically in writing). The decision letter concerning
the overpayment will also set out the right of review.
Publicity
The Council will publicise the scheme and will work with all
interested parties to achieve this. A copy of this policy statement will be made
available for inspection and will be posted on the Bexley web site.
Fraud
Bexley Council is committed to the fight against fraud in all
its forms. A claimant who tries to fraudulently claim a DHP by falsely declaring
their circumstances, providing a false statement or evidence in support of their
application, may have committed an offence under the Theft Act 1968. Where the
Council suspects that such a fraud may have occurred, the matter will be investigated
as appropriate and this may lead to criminal proceedings being instigated.
How do I claim a DHP?
If you wish to apply, please complete the  claim
form (41KB, PDF file)
and return to the Benefits Office as soon as possible.
Our address is:
Benefits Office
PO Box 713
Erith Town Hall
Walnut Tree Road
Erith
Kent DA8 1TL
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