	Benefits Service
	Torbay Council
	Town Hall Castle Circus Torquay TQ1 3DS
	housing.benefits @torbay.gov.uk
	01803 207201
	01803 207122
	Additional Contact Details

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Benefits - Frequently Asked Questions

How much benefit could I expect to get?

We cannot give you any help towards water charges; heating, lighting, hot water, cleaning, fuel for cooking or meals and which is included within the rent you have to pay your landlord. These are known as ineligible services charges and you must pay for these from your own income. If you have any other adults (apart from your spouse or partner) living with you, such as grown -up children, friends or relatives we may have to reduce the benefit we can pay you.

If you get Income Support or Job Seekers Allowance (income based), or Pension Credit Guarantee you will receive the maximum help with your rent and Council Tax less any amounts for ineligible charges for which we cannot pay (these are explained above). However, if your rent is too expensive or is too large for your needs we have to reduce the amount we pay.

You will also receive Council Tax benefit of 100% of your Council tax liability (after discounts and any other reduction for disability) less any amounts for other adults living with you.

If you do not get Income Support or Job Seeker’s Allowance (income based), or Pension Credit Guarantee the amount of benefit we can give you depends on the amount of income you have coming in every week, as well as:

the amount of rent or Council Tax you pay;
how many people are in your family
your age
whether you or anybody who lives with you are disabled

What is the maximum rent you would pay?

the maximum rent on which Housing Benefit entitlement is based is set by the Rent Service. In setting the maximum rent figure the Rent Officer will consider the size of the property and the people who occupy the accommodation, the locality and the general condition. The Rent Officer will also consider the general level of rent in the immediate locality.

Can I find out the amount of Housing benefit I would get before I move into a property?

A 'Pre-Tenancy Determination' (PTD) enables a prospective tenant and landlord to find out the maximum rent which is likely to be used to calculate Housing Benefit entitlement before you commit yourself to the tenancy. If you are likely to need help with your rent you are strongly advised to obtain a PTD before you sign a tenancy agreement.

If you would like to be sent a pre-tenancy determination form please contact the Benefits Section.

What happens if I am under 25?

If you are single, under 25 and you rent from a private landlord your maximum rent will be restricted to the Single Room Rent (SRR) This figure is the general level of rent for a bedroom with shared use of kitchen, bathroom, and toilet facilities.

What happens if I live with a close relative and they charge me rent?

If you live with one of the following people (i.e. you share rooms such as the kitchen or bathroom with them) and they are also your Landlord you can not claim Housing benefit:

A parent, step parent or parent in law; or
brother or sister; or
son, son in law, daughter in law, step son, step daughter, or
partner of any of the previously mentioned people.

What happens if I rent a flat from a close relative who does not live there?

If the relative from whom you rent the property does not live there you can claim Housing benefit provided that the tenancy is let on a commercial basis.

What income do you take into account?

We take account of the following income:

All your earnings less tax, National Insurance and half of any pension contributions you make. (Your earnings include commission, bonuses, tips, overtime and part-time earnings.)
Working Tax Credit, Child Tax Credit, Sickness benefit, Job Seeker’s Allowance (contribution based), State Pensions and benefits pensions from former employers and annuities.
Maintenance payments, rent from sub-tenants and any other income.
Income from savings:
- For those customers under 60; If you have savings between £6000 and £16000 we have to add £1 a week to the income we use to work out your benefit for each £250 (or part of £250) of savings over £3000. For example, if you have £3001 we will add £1 a week.
- For those customers over 60; If you have savings between £6000 and £16000 we have to add £1 a week to the income we use to work out your benefit for each £500 (or part of £500) of savings over £6000. For example, if you have £6001 we will add £1 a week.

If you claim Pension Credit through the Pension Service then the Pension Service will determine the amount of capital you have and the income form those savings and tell the Council about it

What should I do if my circumstance change.

You must tell us immediately if any of your circumstances change please write and inform the Council at once if:

you start work or stop work
you start or stop getting Income Support; Job Seekers Allowance or Pension Credit Guarantee
you receive any other income;
any of your children leave school, leave home or if Child Benefit entitlement ends
anyone moves into or out of your home (including lodgers and sub-tenants);
your capital or savings change;
you move;
you change rooms/flats within a property;
anyone living with you has a change in their financial circumstances;
your rent changes;
you are temporarily absent from your home for any reason.

When will my benefit start from?

If you are already living in a property your Benefit will normally start on the Monday after you make your claim.

If you move into a new address we can start your claim on the date that you move in provided we receive the claim form before you move in or within the same week.(for Benefit purposes a week begins on a Monday and ends on a Sunday) If you are receiving income support, or JSA Income based, and you move into a new address your benefit will start on the date that you move in provided we receive a claim form within four weeks of that date.

Can I claim backdated benefit?

If you wish to claim backdated benefit you will have to show ‘good cause’ as to why you failed to claim earlier. "Good cause " needs to be shown to have existed throughout the period for which backdating is requested.

What happens if I need to go away from my home?

If you are going to be absent from your home you may not be able to continue to receive Housing and Council Tax Benefit. You should let the Council know if you are going to be absent from your home for any length of time.

There are different rules for people who are temporarily absent from their home and Housing and Council Tax benefit may be payable for either 13 or 52 weeks depending on the reason for the absence.

In all cases you must:

intend to return to the property within either 13 or 52 weeks and
still be laible to pay rent and/or Council Tax and

the accommodation has not been sub-let while you are away.

Going into hospital

If you go into hospital we can pay your benefit for up to 52 weeks provided that you

intend to return to the property within 52 weeks and
still be laible to pay rent and/or Council Tax and
the accommodation has not been sub-let while you are away.

You do not need to contact us before you go into hospital to receive benefit for the time that you are in Hospital. However, if possible you should ask a friend, or relative, or the hospital social worker to let us know where you are if your abence is going to be lenghty or if you are not going to return to your home.

Fleeing domestic violence

It is possible for Housing benefit to be paid for up to 52 weeks if you have had to leave your home because of fear or threat of domestic violence. If you are in a women’s refuge you should ask one of the workers to contact us, if you feel unable to do so yourself, We will not disclose your refuge address to anyone.

Going into prison

If you are in prison as a remand prisoner you can still receive benefit for up to 52 weeks. If during this time you are sentenced and committed to prison your Housing benefit will stop unless your absence is not likely to be for more than 13 weeks. You should let the Council know if you are committed to prison and that you wish to continue to claim Housing Benefit. The prison Social Worker will be able to advise you on this. and be able to help you with the letter

Further questions

If the above questions do not cover enquiry your please contact us the Benefit Section.