Can Housing Benefit be backdated?
If you think that you would have been entitled to Housing Benefit for a period before your claim, you can ask for your benefit to be backdated.
If you want backdated benefit you must ask for it. You should say on your claim form that you want benefit from an earlier date. You cannot get benefit backdated for more than 6 months if you are under 60 and 3 months if you are over 60. You have to show that you have a good reason for not having claimed before. The fact that you did not know that you were entitled is not usually considered to be a good reason.
If you are over 60 you do not have to show that you have a good reason for not having claimed earlier.
If your request for backdating is refused you can appeal against the decision.
What happens when there are changes in circumstances?
If you are getting Housing Benefit, it is extremely important that you keep the Local Authority Housing Benefit Department informed about any changes in your circumstances. You should also inform them if anyone else that you live with has a change of circumstances.
This is because changes in circumstances can affect the amount of benefit that you are entitled to, and could mean that you are either overpaid or underpaid Housing Benefit.
It is best to inform the Local Authority in writing of any changes. You should keep a copy of any letter, and obtain a receipt for it if possible.
If you receive a letter saying that you have been overpaid Housing Benefit you should seek advice. If you disagree with the fact that you have been overpaid or the amount of the overpayment you can appeal against the decision. Sometimes you can also appeal if the overpayment was not your fault and you did not realise that you were being overpaid.
What happens to my Housing Benefit if I move?
Normally you can only get Housing Benefit for the house that you are living in. However there are some exceptions to the rule:
Housing Benefit before moving in
Sometimes you can get Housing Benefit for up to four weeks before you move into your new home. This applies where you have to start paying the rent but you cannot move in yet. You qualify if:
- you are not already getting Housing Benefit (if this is the case you may be able to get Housing Benefit for two homes – see below) and
- you claim Housing Benefit before you move in and
- you can’t move in because
- you are waiting for your home to be adapted because of a disability or
- you are waiting for a social fund payment to help with the move and either you have a child under five
- or you are aged 60 or over, or you qualify for a disability, severe disability, disabled child or pensioner premium
- you were in hospital or residential care when you became liable to pay the rent.
Can I have Housing Benefit for two homes?
There are some limited circumstances when you can get Housing Benefit for two properties at a time. These are:
- you have just moved into a new home, but you still have to pay rent on your previous property. This can happen where you have to give notice before ending your former tenancy. You can get Housing Benefit for the two properties for up to four weeks
- you are waiting for your new home to be adapted because of a disability, so you can’t move out of your old property until they are completed. Again you can get Housing Benefit on both homes for up to four weeks
- if you have left your home because of violence or fear of violence, you can get Housing Benefit for the house you have left and your current home for up to 52 weeks. This only applies if you intend to go back to your old home.
Can I claim Housing Benefit while I am away from home?
You can be away from home for up to 13 weeks for any reason without it affecting your Housing Benefit, as long as you intend to return and you are not likely to be away for any longer.
You can be away for up to 52 weeks if any of the following apply to you:
- you are a hospital inpatient
- you are receiving medically approved care or treatment
- you are in residential care
- you are a remand prisoner held in custody
- you are providing medically approved care
- you are looking after a child while their parent receives medically approved care or treatment
- you have left your home due to violence or fear of violence.
In all cases you must intend to return to your home within the 52 weeks.
When will my Housing Benefit stop if I move out of my property?
Housing Benefit usually stops as soon as you move out of a property. However if you have to give notice to your landlord and you cannot avoid having to pay rent once you have moved out, you can still get Housing Benefit for up to four weeks.
If you want to receive Housing Benefit in any of these special circumstances you need to inform your Local Authority Housing Benefit Department. If they refuse your request for benefit you can appeal against their decision.
