How much housing benefit will the council pay?

The Council assesses claims for housing benefit which helps pay all or part of someone's rent. Each claim is based on the rent paid.

If the tenancy began before 15 January 1989 we use rent guidelines set by the government to decide if the rent is reasonable. These guidelines are based on information supplied by the Rent Officer. The tenant has the right to have a "Fair Rent" registered. The landlord cannot legally charge more than the "Fair Rent".

Claims made before 2 January 1996

If housing benefit was claimed before this date and the claimant has not moved, or had a break in claim exceeding four weeks, we refer the rent to the Rent Officer.

If the rent is reasonable, the tenant will be able to get benefit based on the full rent, exclusive of ineligible items.

If the Rent Officer decides the rent is unreasonable they will tell us the market rent. Benefit will usually be limited to this, but we will look at the rents for other similar homes, as well as the claimants circumstances before restricting housing benefit.

If the claimant or their partner or any relative who lives with them is:

• Aged over 60.
• Sick or disabled.
• Has a dependant child.

Housing benefit may not be restricted, unless we consider it is reasonable to expect the tenant to move and there is cheaper alternative accommodation available.

All claims made from 2 January 1996 will have benefit entitlement calculated by reference to the full basic rent if:

• The rent is reasonable and appropriate.
• The rent is equal to or less than the average for the size of home.

The Rent Officer will tell us what the claim related rent and the Local Reference Rent is.

Claim related rent

The Rent Officer considers the accommodation needs of the claimant and the property rented and takes the following into account.

• The rent a landlord could reasonably expect to receive for the accommodation.
• If the accommodation is larger than the tenant reasonably requires.
• The rent that would be payable for accommodation of a suitable size.
• Whether the rent is exceptionally high

The claim related rent is the lowest of these and may be less than the tenant pays.

Local Reference Rent

This is based on the average rent for homes of that size occupied in the area. The Rent Officer decides this amount.

From the claim related rent and the Local Reference Rent we work out the maximum rent. This is the most help that a tenant can get before taking off items housing benefit cannot cover and taking the tenant's income and family circumstances into account.

The Rent Officer's decision can restrict the amount of benefit granted.

Single tenants under 25

If the tenant is single and aged under 25, benefit is based on a single room rent. The single room rent is worked out by the Rent Officer. It is based on the general level of local rents for a single room with shared use of toilet and kitchen facilities. The single room rent will not apply if the tenant:

• Claims as part of a couple.
• Has a dependant child who lives with him / her.
• Gets certain Disability Benefits.
• Has a non-dependant living with him / her.

For information on allowances the government can provide, visit Department of Work and Pensions