If you're single and have reached State Pension age, you can make a new claim for Housing Benefit.

If you’re over State Pension age and live with your partner, you can make a new claim for Housing Benefit if any of the following apply:

• you and your partner have both reached State Pension age
• one of you has reached State Pension age and started claiming Pension Credit (for you as a couple) before 15 May 2019
• you’re in supported, sheltered or temporary housing

If you’re over State Pension age and have an existing claim, your existing claim will not be affected if, before 15 May 2019, you:

• were getting Housing Benefit
• had reached State Pension age

It doesn’t matter if your partner is under State Pension age.

If your circumstances change and your Housing Benefit is stopped, you cannot start getting it again unless you and your partner are eligible to make a new claim.

You can apply for Universal Credit if you’re not eligible.

If you’re in supported, sheltered or temporary housing, you can make a claim for Housing Benefit if you're living in:

• temporary accommodation, such as a B&B arranged by North Ayrshire Council
• a refuge for survivors of domestic abuse
• sheltered or supported housing (such as a hostel) which provides you with ‘care, support or supervision’

If you don't get ‘care, support or supervision’ through your supported or sheltered housing, you can apply for Universal Credit to help with housing costs.

You can still apply for a Council Tax Reduction even if you don't qualify for Housing Benefit.

If you're unhappy with a decision about your claim for Housing Benefit you can:

• request a 'Statement of Reasons' explaining how we made our decision
• ask us to revise our decision
• contact the independent Tribunals Service

Making decisions

When you make a benefit claim, your circumstances change, or you have to pay back benefit, we'll send you a benefit decision letter that shows you the information we used to work out your benefit.

You should check this letter carefully before appealing our decision.

If you don't understand the decision, or want more information about it, please contact us. We can send you a 'Statement of Reasons' explaining in more detail how we worked out your benefit.

If you request a Statement of Reasons more than one month after we made our decision, we can still explain the decision but may not be able to look into it further.

Disagreeing with the decision

If you think our decision is wrong, you can ask us to:

• look at our decision again
• pass your case to an independent tribunal that is run by the Tribunals Service

You must write or use the appeals form and tell us why you think your benefit is wrong and whether you want us to look at the decision again or pass your case to the Tribunals service.

We must get your notification within one calendar month of the date in the decision letter. The one month time limit does not include any time it takes us to send you a Statement of Reasons.

Once we've looked at your appeal we'll do one of the following:

• decide not to change our decision
• change our decision and pay you more benefit
• change our decision and pay you less benefit

If you appeal and are still not happy with the result, we can pass your case to the independent Tribunals Service. If you have already asked us to pass your case to them, this will be done automatically. If not, you will need to write to us within 1 month of the date of our decision letter and tell us you want this to happen.

Tribunals Service

When your case is passed to the Tribunals Service, we'll send you a copy of our case. The Tribunal Service will send you a 'Tribunals Service Enquiry Form' known as a TAS1.

The form will ask whether you want your case to be dealt:

• in writing
• by attending in person

You'll have 14 days to return the TAS1.

At the hearing, the Tribunal Service will look at the:

• evidence
• law
• circumstances at the time we made the decision you're appealing against

The Tribunals Service will notify you in writing of their decision.

An overpayment is when you've been paid more Housing Benefit than you're entitled to. We will write to you about an overpayment.

Overpayments usually happen if you don't tell us about changes in your circumstances as soon as they happen.

It's your responsibility to tell us straight away if your circumstances change.

Recovering overpayments

For Housing Benefit, we can recover an overpayment by:

• deductions from ongoing award of Housing Benefit
• reducing amounts paid to a landlord or agent
• deductions from any Housing Benefit owed to you for a past period
• deductions from certain Social Security benefits
• recovery from a deceased person's estate
• sending you an invoice

For more information please read our Overpayment Recovery Policy.

Pay invoice for overpayment

Please refer to your invoice for other payment options.

Problems paying

If you're having difficulty making the payments in full, we may be able to arrange payment by instalments. Phone our Debt Recovery Team on 01294 310103 to arrange.

Overpayments must be paid back.

Our Debt Recovery Team works in partnership with Stirling Park, Sheriff Officers to maximise collection of unpaid debt.

Normally, Housing Benefit is only payable for one home from the date you move in.

In special circumstances benefit can be paid:

• for two properties at the same time
• up to four weeks before you move in
• for a notice period of up to four weeks, where you couldn't avoid paying rent on a former home but weren't able to apply for housing benefit

Housing Benefit on two properties

You may be able to claim housing benefit for two homes for the following reasons:

Moving home

You've moved into a new property and couldn't reasonably have avoided paying rent on your old and new home at the same time.

This benefit can be paid for a maximum of four weeks.

Fear of violence

You've left a property and remain absent for fear of the violent behaviour of a former family member.

To be eligible you must meet the following criteria:

• you must intend to return to your property
• you must have a liability on that property and the property you're now living in
• it's reasonable to meet the rent on both properties

This benefit can be paid for a maximum of 52 weeks.

Large families

You have a large family and that has been housed in two separate properties.

There's no time limit on this benefit.

Students

You may be able to claim for two homes if you or your partner are regarded as eligible students and it's unavoidable that you occupy two separate homes.

There's no time limit on this benefit.

Period of notice 

In certain situations, we can pay benefit for a notice period, even if there is no liability where you are now living. 

A period of up to four weeks can be given, if the liability on the former home could not reasonably have been avoided, and you were otherwise entitled to Housing Benefit for that period. 

Apply for two homes or a period of notice

To claim housing benefit on two homes, please:

You'll need evidence to support your claim.

Housing Benefit before I move in

We can pay Housing Benefit for a maximum of 4 weeks before you move into a new home if you've had to make payments on that home prior to moving in and you meet one of the following criteria:

• your move was delayed while necessary adaptations were made to your new home to meet the disabled needs of you or a family member
• your move was delayed because you were waiting for the results of a social fund application for your new home and a disability premium applies or your family includes a child under five or a pensioner
• you had to make payments on your new home while you were a patient in residential care, hospital or a nursing home

Applying before I move in

To claim housing benefit on a home before you have moved in, you have to apply in our ‘Apply’ section above.

On 1 April 2013, there were two changes to Housing Benefit affecting, the:

• number of people occupying a property
• people living with non-dependent adults

Under occupancy

Working age council tenants claiming Housing Benefit are only able to claim for the bedrooms they are deemed to need under the occupancy rules.

Working age

Working age is anyone who is under state pension age.

Under occupancy

Under the occupancy rules, if you have more bedrooms than the Government says you need, you are deemed to be under occupying your property and will lose part, or all, of your Housing Benefit.

You are allowed one bedroom for each of the following:

• each adult couple
• any other person aged 16 or over
• two children under the age of 16 (of the same sex)
• two children under the age of ten
• any other child
• a carer (who doesn't normally live with you) if you, or your partner, need overnight care

From 1 April 2017, the following changes were made to allow an extra bedroom, if one was available, for:

• a carer (who doesn't normally live with you) if a child is unable to share due to disability or medical condition. This also applies to adults unable to share.
• couples unable to share due to a disability or medical condition.

Being under occupancy

Your Housing Benefit will be reduced, depending on how many extra bedrooms you have. For example, if you have:

• one extra bedroom, your Housing Benefit will be cut by 14% of the full rent (for example, if your rent is £60 a week, you will lose £8.40)
• two, or more, extra bedrooms you will receive around 25% less (for example, if your rent is £60 a week, you will lose £15)

These amounts are estimates based on an average rent in North Ayrshire and will vary depending on circumstances. If your benefit is reduced you will have to pay your landlord the difference between your Housing Benefit and your rent.

Impact on you

Single person or couple living in a two bedroom home

Your Housing Benefit will be reduced by 14 per cent of your full rent. If you live in a three bedroom home you will lose 25%.

Single parent or couple in three bedroom home

• If you have a boy and a girl under 10 years of age your Housing Benefit will be cut by 14 per cent of your full rent. If you live in a four bedroom home you will lose 25%.
• If you have two girls or boys under 16 years of age your Housing Benefit will be cut by 14% of your full rent. If you live in a four bedroom home you will lose 25%.

Options

You could:

1. Pay the difference yourself and stay in your current home.
2. Think about moving to a property with the number of bedrooms needed for your family size. There is a shortage of 1 bedroom properties in North Ayrshire, contact your housing office for more information.
3. Take in a lodger to occupy your extra bedroom.

Taking in a lodger could affect the amount of Housing Benefit you are entitled to. For more information, Council tenants can contact the Welfare Reform Advice Team.

Non-dependent deduction

If you have a non-dependent living with you, your Housing Benefit may be reduced.

A non-dependant is someone over the age of 18 who lives in your home but is not your partner, joint tenant, or lodger. This could be:

• an adult son or daughter
• a relative or friend

If you have a non-dependant person living in your home, your housing and Council Tax benefit may be reduced by a certain amount each week. The amount depends on the circumstances of the person living with you. See the current level of non-dependant deductions. Adult non-dependants living in your home are expected to contribute towards your household costs, including rent and Council Tax.

Remember that it is you, the tenant, who's responsible for paying your rent.

Deductions do not apply to people:

• under 18 years of age
• in full time education or on Youth Training Schemes
• in receipt of Pension Credit

There is also no deduction from your benefit if you, or your partner:

• are registered blind
• receive Attendance Allowance
• receive care component of Disability Living Allowance
• receive Daily Living component of Personal Independence Payment (PIP)