Birmingham City Council

Important changes to Council Tax and Housing Benefit

Overview

Benefit Cap April 2013

From April 2013, the Government will put a limit on the total amount of benefit that working age people can receive. This is so that no family out of work can receive more welfare benefits than families that are working receive as after tax earnings.

From 4 May 2012, the Department for Work and Pensions (DWP) will be writing to households that may be affected by this benefit cap, based on information that they hold about them now. A helpline number will be available for affected customers to talk to a DWP representative who will guide them through the options available to them.

The helpline number is 0845 605 7064 (textphone 0845 608 8551) and is available from 9 May 2012.

Local Housing Allowance

The Government changed the rules on how Local Housing Allowance is calculated on 1 April 2011. The level on which the room rate for Local Housing Allowance is based has been reduced and this will mean that the amount of Housing Benefit/ Local Housing Allowance that you receive may also reduce.

Everyone who will be affected by this change will have been sent a letter to explain these changes and what they will mean to them. These were issued towards the end of October 2011.

Changes to Housing Benefit for single people aged 25 to 34

Housing Benefit is changing from 1 January 2012 for single people aged 25 to 34, living in accommodation that they rent from a private landlord.

Currently single people under the age of 25 have their Local Housing Allowance calculated by using the shared accommodation rate. From January 2012 this will be extended to single people under the age of 35.

This could mean that your Housing Benefit/ Local Housing Allowance will be less than the rent you have to pay to your landlord. If you will be affected by this change we will contact you nearer the time to give you an explanation of what this change will mean to you.

To view the current Local Housing Rates please click here

Online Benefit Application

From Thursday 4th August 2011 you can now complete a New Claim for Housing Benefit or Council Tax Benefit online. It is a quicker, easier and more convenient way to claim your benefit. To do this click on the New Benefits Claim button in the Service Menu on the left hand side of the screen.

Changes from April 2011 to April 2014

The deductions made from Housing Benefit will be gradually increased where you have an adult living in your household who is not your partner. An example would be a grown up child and are sometimes referred to as non-dependants.


Essential Information
  • Your benefit entitlement may change if;

    • you have other adults (non dependants) who live with you
    • Increase in ‘non-dependant deductions - If you have other adults living with you (who are not your partner)
    • Changes which will affect people who rent their homes from Private Landlords
    • Removal of the five bedroom Local Housing Allowance rate
    • An end to the maximum £15.00 weekly Housing Benefit excess.
    • Extra allowance if you need a carer to live in with you and to look after you.
    • Reduction in all Local Housing Allowance (LHA) rates to a lower amount.

    We also have a questions and answers fact sheet which you can look at below.We will update this information on a regular basis as we learn more details of the changes.

  • For existing claimants this change will take affect 9 months after your claim is next reviewed.


    If you are an existing claimant, then you will be exempt from this change for up to 9 months from the date your claim is next reviewed. This will allow you time to adjust to any reduction in your Housing Benefit entitlement. For example, if your claim is due to be reviewed in April 2011 any reduction in your Housing Benefit entitlement will not take effect until after January 2012.

    If you have a large family and you rent from a private landlord, the most Local Housing Allowance you can get to help with your rent is that for 5 bedrooms.

    From next year this will be reduced to the rate for 4 bedrooms.


    At the moment the difference between the two rates is £23 per week. If you currently get the 5 bedroom rate your housing benefit will go down by approximately this amount next year when your claim is reviewed.

  • This change will take affect 9 months from the date your claim is next reviewed.

    If you are an existing claimant, then you will be exempt from this change for up to 9 months from the date your claim is next reviewed. This will allow you time to adjust to any reduction in your Housing Benefit entitlement. For example, if your claim is due to be reviewed in April 2011 any reduction in your Housing Benefit entitlement will not take affect until after January 2012.

    LHA rates for rooms are based upon the average rent in an area. This is being reduced from the mid point to properties in the bottom third.

    For example, in each area, if there were 100 rental properties, the LHA would be based on the 30th lowest rent of those 100 properties. This means generally, that LHA will only fully cover rents of lower priced properties.

    Anyone wanting to rent from a higher rented property may have to find the difference. In other words, LHA will only cover the rent of cheaper properties in an area.

    The table below show the difference for Birmingham in reducing the LHA rates to the lower 30%. Please note that the rates are based on November 2010, so are indicative only. The table also shows the cut from 5 bedrooms to 4.


    Current New Difference
    Rate Rate
    Shared £61.18 £55 -£6.18
    1 bed £103.56 £92.05 -£11.51
    2 bed £126.58 £115.07 -£11.51
    3 bed £136.63 £128.58 -£8.05
    4 bed £184.11 £161.10 -£23.01
    5+ bed £207.12 £161.10 -£46.02

    Please note that these are estimated figures, and not statements of what the rates will actually be reduced by, when the system changes.

    In order to help you further, we have provided a couple of examples to show you how these changes may affect your benefit claim.

    Example 1

    Mr A currently receives the 3 bedroom rate of £136.63 per week. His benefit is then reviewed on 1 April 2011. Mr A will continue to receive £136.63 Housing Benefit per week until 9 months after the date his claim is reviewed. This means that his benefit entitlement will not reduce to the new rate of £128.58 per week until after 1 January 2012.

    Example 2

    Mr B is currently receiving the 5 bedroom rate of £207.12 per week. His benefit is then reviewed on 1 April 2011. Mr B will continue to receive £207.12 Housing Benefit per week until 9 months after the date his claim is reviewed. Mr B’s Housing Benefit will then reduce to £161.10 per week after 1 January 2012. This means that his benefit entitlement could reduce by £46.00 per week. The reason for this is because the maximum rate of Housing Benefit is to be limited to the Local Housing Allowance rate for a four bedroom property and the LHA rate is being reduced from the mid point to properties in the bottom third.

  • Your benefit entitlement may change if you have other adults (apart from your partner) living with you

    This change was introduced from 1 April 2011

    Deductions can be made from the amount of benefit you get if you share your home with any adults who are not dependant on you – for example, adult children, relatives or friends. These deductions are made because it is assumed that these people should pay something towards your rent, whether they actually do so or not. If you are in this position you may already be aware that these are called non dependant deductions.

    Currently, people on local housing allowance/housing benefit lose a proportion of their benefit, ranging from £11.45 a week to £73.85 a week if they have non-dependents living in their home.

    For Council Tax Benefit claimants lose a proportion of their benefit ranging from £2.85 a week, up to £9.90 a week.

    The amount deducted from the claimant’s benefit entitlement is based on the weekly gross income of the non dependant.

    The non dependant deductions have been frozen since 2001 but will now be increased in stages until levels are equal to what they would have been without the freeze.

    The following table non dependant charges for 2011/2012 shows the revised deductions and how your benefit could be affected.

    If you are affected by this change you will have to ask the other adults in your home to increase the money they give you or you will have to make up the shortfall from your own income.

    Non dependant deductions - Housing Benefit








    Week Rates

    2011

    2012

    Increase per week





    Under 25 on IS,JSA(IB), ESA(IR) and people in receipt of Pension Credit

    Nil

    Nil

    Nil





    Aged 25 and over in receipt of IS and JSA(IB), in receipt of main phase ESA(IR), aged 18 or over, not in remunerative work

    9.40

    11.45

    2.05





    Aged 18 or over and in remunerative work








    gross income: less than £124.00

    £9.40

    £11.45

    £2.05

    gross income: £124 to £182.99 £21.55 £26.25

    £4.70

    gross income: £183 to £237.99 £29.60 £36.10

    £6.50

    gross income: £238 to £315.99 £48.45 £59.05

    £10.60

    gross income: £316 to £393.99 £55.20 £67.25 £12.05
    gross income: £394 and above £60.60 £73.85

    £13.25


    Non dependant deductions - Council Tax Benefit








    Week Rates

    2010

    2011

    Increase per week





    Under 25 on IS,JSA(IB), ESA(IR) and people in receipt of Pension Credit

    Nil

    Nil

    Nil





    Aged 25 and over in receipt of IS and JSA(IB), in receipt of main phase ESA(IR), aged 18 or over, not in remunerative work

    Nil

    Nil

    Nil





    Aged 18 or over and in remunerative work








    gross income: less than £182.99 £2.85 £3.30

    £0.45

    gross income: £183 to £237.99 £5.70 £6.55

    £0.85

    gross income: £238 to £393.99 £7.20 £8.25

    £1.05

    gross income: £394 or more £8.60 £9.90

    £1.30


  • Universal Credit forms part of the Welfare Reform Bill being introduced by Government. It is intended that this will simplify the benefits system by bringing everything together into a single streamlined payment.

    It aims to:

    • Simplify the system, making it easier for people to understand
    • easier and cheaper for staff to administer
    • improve work incentives
    • make the move from into and out of work smoother
    • reduce in-work poverty
    • cut back on fraud and error.

    The first applications to Universal Credit will be made in October 2013, and people already receiving benefit will be automatically transferred to Universal Credit between October 2013 and 2017. New claims to Housing Benefit are due to end in April 2014.

    Please refer to the Direct Gov website for further details.

  • From April 2013, there will be a 'cap' (a maximum limit) on the total amount of benefit that people can get.


    The actual amount of the cap won’t be fixed until later this year, but we currently expect benefit will be limited to:


    A maximum of £500 a week:

    • If your household is made up of a couple (with or without children), or
    • If you are a lone parent (and the children you have responsibility for live with you).

    A maximum of £350 a week:

    • If you are a single person and you have no children, or
    • The children you have responsibility for don’t live with you.

    What affect will this have?

    From April 2013, Housing Benefit may go down to make sure that the total amount of your benefit is not more than the cap level. You may have to use money from your other benefits to pay towards the rent for your home if your circumstances do not change before the cap is introduced.


    How is it calculated?

    All of your benefits will be counted when working out how much you get each week.


    Households that aren't affected by the cap

    The cap won’t apply to you if you, your partner or any children you are responsible for qualify for Working Tax Credit or have been awarded any of the following benefits:


    • Disability Living Allowance
    • Industrial Injuries Benefits
    • Personal Independence Payment
    • Attendance Allowance
    • Employment and Support Allowance, if paid with the support component
    • War Widow’s or War Widower's Pension

    How can I find out more about this?

    The Department for Work and Pensions will be writing to all households that may be affected by these changes. For households that receive a letter they have provided a helpline for more information about how this may affect you. The helpline staff will provide general information about the changes and the support you can get but they will not have access to all of your benefit information.


    The helpline number is 0845 605 7064 or textphone 0845 608 8551 for people with hearing or speech impairments. The helpline is open from 8am to 6pm and will be available from 9 May 2012.


    What can I do to stop the benefit cap applying to me?

    Finding work could mean that the cap wouldn't apply to you. Qualifying for Working Tax Credit will mean that you are not affected by these new rules.


    A job can also give you the chance to learn new skills, meet new people and boost your confidence. If you’ve been out of work for a while, the thought of getting a job may make you nervous, but there is help and support available for you. By calling the helpline, you may be able to arrange to get this support more quickly.


    Where can I find more information?

    Lots of information you might need is available online at www.direct.gov.uk/jobseekers where you can get help looking for work, and information on how to update your skills, write a CV, apply for jobs and prepare for an interview.


    You can find out more about Working Tax Credit at www.direct.gov.uk/benefits including how many hours you need to work to qualify for Working Tax Credit. You can also find more information online at www.direct.gov.uk/benefitcap

Frequently Asked Questions
    • If you are renting from a private landlord and you made your claim for Housing Benefit at your current address on or after the 7 April 2008 it is likely that you will be affected by these changes.

    • Providing you continue to live in the same property and you don’t have a break in your Housing Benefit claim the Local Housing Allowance arrangements will not apply to you.

    • You can use the following information as a guide to work out how many bedrooms you are allowed. You are allowed one bedroom for:

      • Every adult couple (married or unmarried)
      • Any other adult aged 16 or over
      • Any two children of the same sex aged fewer than 16
      • Any two children aged fewer than 10
      • Any other child

      The maximum allowance is for four bedrooms from 1 April 2011.

      Different rules may apply if you are under 25 or live in shared accommodation.

    • The maximum Housing Benefit you get will be based on the four bedroom rate. You can still look for properties with more than four bedrooms, or other rooms that can be used as bedrooms, with rents that are within the four bedroom rate.

    • Your anniversary date is the date you first made your current claim. For example, if you claimed Housing Benefit on 5 September 2008 your anniversary date is 5 September.

      This means that the changes the Government is making from 1 April 2011, such as removing the £15 excess could affect you from 5 September 2011. The changes it is making from 1 October 2011 could affect you from 5 September 2012.


    • The rates are published on our web site at the end of each month so you will know the rate by the end of March 2011. We will however, write to you before this date to give you an idea of the likely new rate. Although new rates are provided each months they do not change by very much in one go.

    • There is information available about the levels of Local Housing Allowance rates that might apply from 1 April 2011 based on current rent levels.

      To access this information please click on the following link Local Housing Allowance Rates.

      This information will give you an idea of the amount of rent that might be met by Housing Benefit from 1 April 2011. The figures are estimates and will be updated regularly. Rent levels and rates may change between now and April 2011.


    • You can visit the Valuation Office Agency website LHA Direct which publishes current Local Housing Allowance rates. The Valuation Office Agency has also published estimates of the rates that might apply from April 2011.

    • You could:

      • Talk to your landlord to see if it might be possible to renegotiate the rent
      • Think about whether or not you might be able to afford the difference
      • If you have other debts, think about getting some money or debt advice. You might be able to afford your rent if your other debts are reduced. You can get advice from the City’s Debt Advice Team on 0121 303 2087 or from other people such as a Citizens Advice Bureau
      • If your tenancy agreement is due to be renewed think about whether or not you are able to look for somewhere cheaper before you agree to a new period.


    • As a local authority we may be able to help some people with a Discretionary Housing Payment to meet the gap between their benefit entitlement and the rent they pay. The amount of money available for these payments is limited so we have to consider your circumstances carefully. These payments are also for short periods and will not help you to afford your rent on a long term basis.

    • Make sure that you contact us on 0121 464 7000 if you have an overnight carer, so that we can look at your Housing Benefit entitlement again. You must already have an extra bedroom in your home available for the carer to use before you get this help. If you are already getting Housing Benefit and meet the conditions for this extra help, you will be entitled to it from 1 April 2011.

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