Sussex Child Protection and Safeguarding Procedures
Sussex Child Protection and Safeguarding Procedures Sussex Child Protection and Safeguarding Procedures

3.1.16 Housing Benefits

Contents

  1. Discretionary Housing Payments (DHPs)
  2. Temporary Absence and Housing Benefit (HB)/Council Tax Benefit (CTB)
  3. Housing Benefit (HB) for individuals fleeing violence or the threat of violence


1. Discretionary Housing Payments (DHPs)

  • DHP payments are to assist people with their housing costs i.e. rent and Council Tax.  To qualify claimants must be in receipt of Housing Benefit, or Council Tax, or both.

DHP is a flat rate dependent upon size of household.

The principle is to give claimants freedom of choice.

Payments are made direct to tenants unless it is felt they are vulnerable, in which case the payment is made direct to the landlord.

Financial Advisors are available for those who require assistance.

Details can be found on the Council’s Website.


2. Temporary Absence and Housing Benefit (HB)/Council Tax Benefit (CTB)

HB and (CTB) can sometimes be claimed on a property even if the individual is absent from the property.  Below is small précis of the way HB legislation can be used to aid both landlord and tenants avoid arrears building up if a tenant is absent.

To qualify for HB and CTB while not resident at a property two sets of criteria need to be met:-

Firstly:

The three conditions below need to be fulfilled:-

  • The individual must be liable for HB/CTB at the property they are claiming HB/CTB for.
  • The part of the home that the individual occupies must not be re let during the individuals’ absence.
  • Any information needed to allow the claim to continue needs to be provided to the Authority.

Secondly:

The individuals’ circumstances also need to fit into one of the following categories:-

1.   For absences of up to 13 weeks:

  • A trial period in a Nursing Home to check out its suitability when an individual does intend to return to the property that HB/CTB is currently being paid on (once this intention ends HB/CTB ends).  There is proviso that if the individual has been absent from home for another reason the total combined absence from home cannot exceed 52 weeks.
  • An absence within the UK or abroad as long as the individual intends to return to their normal home within the 13 weeks.

2.   For Absences of up to 52 weeks:

In all these cases the individual has to intend to return to the property once the absence is over.

  • Individuals in Prison who have not been sentenced yet.  Once an individual has been sentenced the total length of the absence cannot exceed 13 weeks; if/when 13 weeks has been exceeded HB/CTB end immediately.
  • Individuals in a residential care home who are not just trying it out (e.g. during periods of respite care).
  • An individual receiving medically approved treatment/care.
  • Individuals providing medically approved care for someone else.
  • Individuals caring for the child of an individual receiving medically approved treatment/care outside the home.
  • Individuals on certain Government Training courses.
  • Students who are eligible for NB if they have to study abroad for part of their course.
  • Individuals fleeing fear or actual violence (see below).


3. Housing Benefit (HB) for individuals fleeing violence or the threat of violence

HB recognises that individuals may need to flee their accommodation due to threats of violence and/or actual violence.  In order to help out an individual flee violence HB legislation allows the individual to continue to receive HB at a previous address and at a new address.  This legislation can also be used to help individuals fleeing domestic violence.

An individual can get HB on 2 homes for a maximum of 52 weeks if the following criteria are met:

  • The individual has left and remains absent from former home as a result of fear of violence in the home and/or from a person who was formally a member of claimant’s family.
  • The individual still has an intention to return to it if the threat of violence disappears.
  • The individual is liable for rent at both the previous and current property.
  • It is reasonable to meet the rent on both homes.

If the individual has no intention to return HB on 2 homes can only be paid for a maximum of 4 weeks.

Actual violence need not have occurred and HB legislation indicates that the claimant only has to be afraid of violence occurring.  If the individual has brought the threat of violence on them (through criminal activity for example), the LA can determine that it is unreasonable to pay HB on both properties.

End