Angus CouncilTel: 08452 777 778
Email: accessline@angus.gov.uk

A-Z of Services

A-Z Home | Service List | Index


Online Options for this Service

Frequently Asked Questions

General

Applying for Housing Benefit and Council Tax Reduction

Entitlement to Housing Benefit and/or Council Tax Reduction

Changes in your circumstances

How to dispute a decision

Overpayments of Housing Benefit

Other Information

Applying for Housing Benefits/Council Tax Reduction

If you are having difficulty paying your rent or Council Tax, depending on your personal circumstances and those of any others in the household, you may qualify for help with your payments.

To qualify you must complete an application form for Housing Benefit and Council Tax Reduction. Application forms and assistance are available at your local Benefit Enquiry office. The form contains a number of questions which must be answered. Those answers provide details which are used to assess if you qualify for Housing Benefit and/or Council Tax Reduction. Your entitlement to Free School Meals and/or School Clothing Grant will also be assessed.

Translation Services

Angus Council aims to provide access to information about services to all our customers. This form can be translated into Chinese, Urdu, Hindu, Punjabi or Gaelic or can be made available in large print, audio or Braille.

If you require this service please contact our ACCESSLine on 08452 777 778.


Frequently Asked Questions

General

What is Housing Benefit?

Housing Benefit is a national welfare benefit that helps people on low income, or other state benefits, meet their rent costs. Angus Council operates the Housing Benefit scheme on behalf of the UK government. The scheme is defined by legislation.

What is Council Tax Reduction?

From 1 April 2013 Council Tax Reduction replaces Council Tax Benefit. Council Tax Reduction is a local scheme introduced by the Scottish Government that helps people on low income, or other state benefits, meet their Council Tax costs. The scheme is defined by legislation.

Whether you get help, and how much, depends on:

What is Local Housing Allowance (LHA)?

Local Housing Allowance (LHA) was introduced on 7 April 2008 and is a new way of working out Housing Benefit for private tenants who are on a low income. 'Private tenant' means someone who rents a property or room from a private landlord.

Local Housing Allowance will normally be paid to the tenant's own bank or building society account and there will no longer be the option of asking for payment of Housing Benefit to be made direct to a landlord.

However, to protect the interests of tenants, Angus Council has a safeguard policy. This will allow the consideration of direct payment to landlords where

For further information, download Angus Council's Safeguard policy (40 KB PDF)Opens in a new window

For further information on Local Housing Allowance please download either Local Housing Allowance: information for tenants (200 KB PDF)Opens in a new window or Local Housing Allowance: information for private landlords (200 KB PDF)Opens in a new window.

Applying for Housing Benefit and Council Tax Reduction

Who can apply for Housing Benefit and Council Tax Reduction?

You can apply for Housing Benefit and Council Tax Reduction if:

Note: If you and/or your partner have combined capital/savings of more than £16,000 and you are not in receipt of Pension Credit Guarantee Credit, you are not entitled to Housing Benefit or Council Tax Reduction.

How do I apply for Housing Benefit and Council Tax Reduction?

You must fill in a claim form to apply for Housing Benefit and Council Tax Reduction. You must return the form to the council straight away otherwise you may lose entitlement.

You can apply for benefit/reduction by either:

What information do I need to provide?

The Housing Benefit scheme is based on regulations set by the UK Government and Council Tax Reduction is based on regulations set by the Scottish Government. The Council needs to know a lot of information about you and your household before your benefit entitlement/reduction can be worked out. The Council aims to ensure that the correct amount of benefit/reduction is awarded.

If you apply for Housing Benefit and/or Council Tax Reduction you will be asked to provide evidence of the following for you and where applicable your partner:

You will also be asked to provide evidence of income and capital of any non-dependants living with you.

For further information regarding the documentation, download the "Get your Housing or Council Tax Reduction claim off to a good start" leaflet (50 KB PDF)Opens in a new window.

When should I apply?

It is important that you apply straight away. DO NOT DELAY in applying as Housing Benefit and Council Tax Reduction can normally only be awarded from the Monday following the date your application form is received by the council.

DON'T DELAY sending your application form if the evidence needed isn't available at the moment. You can send the information in later.

When will my benefit/reduction start?

Housing Benefit and Council Tax Reduction is normally awarded from the Monday following the date the Council receives your application form.

Sometimes Housing Benefit and Council Tax Reduction can be paid for a period before the date you submit your application form. This is known as 'backdating'.

From 6 October 2008, the maximum period that your benefit/reduction can be backdated for has been reduced to the following:

There has to be a good reason why your application is late, this is known as 'good cause'.

'Good cause' includes things like:

Entitlement to Housing Benefit and/or Council Tax Reduction

How much Housing Benefit and/or Council Tax Reduction will I be entitled to?

The amount of Housing Benefit and/or Council Tax Reduction you are entitled to will depend on the amount of your rent and Council Tax charges, your income and capital and whether you have other people living in your house.

If you get specific state benefits you may get the full amount as benefit/reduction, after any non-dependant deductions.

In all other cases your benefit/reduction is worked out by comparing the money you get each week with your 'applicable amount'. Your applicable amount is what the government says you and your household need to live on each week. The applicable amount will depend on the circumstances of your household.

*** You can calculate the amount of Housing Benefit you may be entitled to by using the GOV.UK online benefits adviser. Unfortunately there is no facility to calculate any entitlement to Council Tax Reduction on this site.

However, you can contact your local Benefit Enquiry office for advice on Council Tax Reduction and Housing Benefit.

How much Local Housing Allowance will I get?

Local Housing Allowance (LHA) is not directly related to the rent a tenant is charged so the benefit received by a tenant may be higher or lower than their contractual rent.

There is no change to the entitlement rules for Housing Benefit - these will still be based on your/your partner's income, savings, etc.

The LHA rates for 2013/14 set by the Rent Registration Service to date are:

Month Number of bedrooms
Shared Accommodation Rate* 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom
April 13 £57.69 £77.83 £103.85 £132.69 £180.00

* This rate is for single people aged under 35 or people aged over 35 who choose to live in shared accommodation. Shared accommodation refers to a tenant who has a room of their own but shares some or all of the other rooms in the property.

(View the LHA rates for 2008/09, 2009/2010, 2010/2011, 2011/2012 and 2012/2013.)

You are entitled to one bedroom for:

Welfare Reform Changes

Changes affecting Local Housing Allowance rates (LHA) from April 2011

As from 1 April 2011 the Westminster Government has made changes affecting the Local Housing Allowance Rates which may result in a decrease in the amount of Housing Benefit being paid to existing customers and will affect anyone making a new claim from 1 April 2011.

The LHA rate for existing claimants is reassessed annually on what is called the anniversary date. This is 1 year from the date the Housing Benefit application is made or treated as made and annually thereafter.

For the changes noted above, existing claimants will receive transitional protection for 9 months from their anniversary date and will continue to receive Housing Benefit based on the LHA rate used in calculating their current Housing Benefit entitlement.

However the above changes will apply sooner if there is a change in a claimant's household composition that will affect their LHA rate or they move address. In these circumstances the Housing Benefit will be affected from period the change occurs.

 Current LHA Rate
March 2011 £
New LHA Rate
April 2011 £
Shared Accommodation 58.8554.23
1 Bedroom80.7775.00
2 Bedroom115.38103.85
3 Bedroom150.00126.92
4 Bedroom196.15180.00
5 Bedroom219.23 

Changes affecting the Shared Accommodation Rate from 1 January 2012

The Government has changed the rules that apply to single people living in self-contained accommodation aged 25 or more, but under 35.

At present for anyone who falls into the above category, Housing Benefit is assessed using the Local Housing Allowance one bedroom rate.

The change means that new and existing claimants will now be assessed using the shared accommodation rate which is much lower.

However these changes will take affect at different times for each claimant depending when they claimed Housing Benefit.

New Housing Benefit claimants who fall into this category will have their Housing Benefit assessed using the shared accommodation rate from 1 January 2012.

Existing Housing Benefit claimants will have their Housing Benefit reassessed from the date of their first annual review after 1 January 2012.

However some existing Housing Benefit claimants who are still due their first annual review following the introduction of the Westminster Government's Welfare Reform changes on 1 April 2011, will receive a further period of protection. These claimants will continue to receive the one bedroom rate for 9 months from the date of their annual review. This will only apply to customers due a review up to and including 31 March 2012.

Details of the difference between the one bedroom rate and the shared accommodation rate can be seen in the 'How much Local Housing Allowance will I get?' section above.

All existing claimants have been notified of this change in writing and a further letter will be issued prior to their first annual review after 1 January 2012 to advise that there will be a reduction in their Local Housing Allowance rate.

Changes from 1 April 2013

Social Sector Size Criteria ('Bedroom Tax')

The UK Government is making more changes to Housing Benefit from 1 April 2013 for Working Age tenants residing in social sector housing i.e. those who are Angus Council or Housing Association tenants.

Housing Benefit will be reassessed using what is called size criteria. This looks at the number of bedrooms in a property and compares it to the number of occupants depending on sex and age. In turn this will establish whether or not tenants are under occupying their homes and by how many bedrooms. This is commonly known in the media as the 'Bedroom Tax'.

Therefore from 1 April 2013 tenants will only receive Housing Benefit for the size of property their household has been assessed as needing. One bedroom will be allowed for:

For anyone identified as under occupying their home, Housing Benefit entitlement will be reduced as follows:

For example:

If you are worried you wont be able to afford your rent as a result of these benefit changes and need any advice or help to look at other Housing options please contact your Housing Officer.

You may also be eligible for a Discretionary Housing Payment to help with any shortfall in your rent as a result of these changes, especially if you are a Foster Carer or someone who resides in accommodation that has been specifically adapted for your needs.

Exceptions to Social Sector Size Criteria rules

There are some exceptions to above rules:

Where satisfactory evidence is provided an extra bedroom will be used in the calculation of Housing Benefit.

If you have been affected by the new rules but fall into one of the above categories, please tell us by contacting your local Benefit Enquiry Office.

Will my savings affect my Housing Benefit and Council Tax Reduction entitlement?

That depends on how much you and your partner have.

What if there are people living with me?

If you have anyone over 18 living in your home who is not your partner, you may get less benefit. These people are called 'non-dependants' and a set amount may be deducted from your benefit entitlement each week for each non-dependant who lives in your home.

Changes affecting people living with you from 1 April 2011

Non Dependants

As from 1 April 2011 the Westminster Government has made changes to level of deduction from Housing Benefit and Council Tax Reduction where you have another adult living in the household, this is generally called a 'Non Dependant deduction'. This may result in a decrease in the amount of Housing Benefit being paid to existing customers and will affect anyone making a new claim from 1 April 2011.

Details of the deductions for each financial year can be found in the links below:

View previous years deductions.

How will my benefit be paid?

If you are awarded Council Tax Reduction, this will be applied to your Council Tax Account.

If you are an Angus Council tenant, any Housing Benefit entitlement will be paid direct to your rent account.

If you are not an Angus Council tenant your Housing Benefit will normally be paid direct to either your or your landlord's bank/building society account.

Changes in your circumstances

How do I notify you of changes in my circumstances or change of address?

You must tell the council about changes either in writing, in person to your local Benefit Enquiry office or by telephone on Freephone 0800 252 056 (there may be a charge when phoning from a mobile phone). If reporting a change by telephone please quote 'Reporting a Benefit Change of Circumstance'. Don't rely on someone else telling the council about the change.

It is an offence not to tell the council about any change of circumstances that affects your benefit/reduction. The Council may take court action against you and if you are paid too much benefit, you may have to pay it back.

If you don't tell the council about changes at the time they happen you may also lose benefit/reduction. For details of the types of changes you need to notify the council about, download the Change of Circumstances - What you need to tell Angus Council leaflet (32 KB PDF)Opens in a new window.

You can also download a Housing Benefit and Council Tax Reduction change of circumstances form (30 KB PDF) Opens in a new window Opens in a new window and hand it into your local Benefit Enquiry office.

If you have changed address please download one of the following change of address forms.

How to dispute a decision

What can I do if I think my Housing Benefit or Council Tax Reduction decision is wrong?

If you wish an explanation of the decision you should contact your local Benefit Enquiry office. Alternatively, you have the right to request a written statement of reasons for the decision.

If you disagree with the decision, you should write to the Head of Finance at Invertay House, Maule Street, Monifieth, DD5 4JG within ONE MONTH of the date of the Decision Notice. Your letter can either:-

See also the leaflet - How to dispute a decision (25 KB PDF) Opens in a new window Opens in a new window.

Overpayments of Housing Benefit

What are overpayments of Housing Benefit?

An overpayment is an amount of benefit that has been paid to you, to which you are not entitled. This usually happens when your circumstances have changed but you have not told us.

What happens if I am overpaid Housing Benefit?

If you have been paid too much benefit, the council will look at the circumstances and decide if it is recoverable and, if so, from whom.

If your Housing Benefit is paid to your landlord on your behalf, the council may decided to recover the overpaid benefit from your landlord.

Alternatively, the council may decide that you are responsible for repayment.

How do I pay back the Overpayment of Housing Benefit?

If you are still in receipt of Housing Benefit, the council will make a deduction from your weekly entitlement.

Housing Benefit can be recovered from you in the following ways:

Other Information

I am a Landlord, what information is available to me?

If you are a Private Landlord you can get help and advice about Housing Benefit and Council Tax Liability in the council's Information for Landlords leaflet (125 KB PDF)Opens in a new window.

What other benefits might I be entitled to?

The Department for Work and Pensions (DWP) is responsible for claims of and the paying of Income Support as well as other benefits such as:

The Pension Service are responsible for benefits such as:

HM Revenue & Customs is responsible for benefits such as:

How is my personal data used?

If you apply for Housing Benefit and/or Council Tax Reduction the information collected and supporting evidence, will be used by Angus Council to process your Housing Benefit, Council Tax Reduction, Council Tax Discount, Free School Meals and School Clothing Grants claims. The information may be passed to the Department for Work and Pensions and HM Revenue and Customs as permitted by law and the Council's Education Department.

We may check information provided by you, or information about you provided by a third party, with other information held by us. We may also get information from certain third parties, or give information to them to check the accuracy of information, to prevent or detect crime, or to protect public funds in other ways, as permitted by law. These third parties include Government Departments and Local Authorities.

In this regard, information received in connection with your Housing Benefit and Council Tax Reduction may be provided to a Credit Reference Agency and Housing Benefit fraud investigations may include checks on undeclared cohabitees.

We will not disclose information about you to anyone outside Angus Council nor use information about you for other purposes unless the law permits us to.

Angus Council is the Data Controller for the purposes of the Data Protection Act 1998. If you want to know more about what information we have about you, or the way we use your information, you should contact the Head of Law and Administration on 01307 461460 or e-mail LAWADMIN@angus.gov.uk.

Where can I get independent advice on claiming benefit?

If you wish to have a benefit check undertaken you can contact Angus Council Welfare Rights by telephoning the ACCESSLine on 08452 777 778. This will help ensure you are in receipt of all the benefits you are entitled to.

How do I report suspected Housing Benefit/Council Tax Reduction fraud?

The Council are committed to ensuring that people receive their correct entitlement to Housing Benefit and/or Council Tax Reduction and every effort will be made to deal with claims as quickly as possible.

However, it is important that people who are claiming benefit/reduction to which they are not entitled are reported to the Revenues and Benefits Service so that the appropriate action can be taken against them.

If you are aware of or think that somebody may be claiming benefit fraudulently:

Who do I contact for further information?

Invertay House
Maule Street
Monifieth
Dundee
Angus DD5 4JG

Tel: 01382 536500
Fax: 01382 535086

Opening times: 09:00 to 16:45 Monday to Friday

Your local Benefit Enquiry office.

Service Page: benefits.htm
Service Details Last Reviewed : 29 March 2013

Get Adobe Reader Adobe Reader is required to view the PDF documents on this page. If you don't have it, download it free from www.adobe.com.