Tenants on Housing Benefit

Housing Benefit is a Social Security Benefit administered by us on behalf of the Social Security Agency. A tenant on low income or claiming benefits may be entitled to Housing Benefit to help them cover the cost of their rent.

Processing claims promptly can do much to prevent tenants falling into arrears at the start of the tenancy. Note that Housing Benefit payments are made four weekly in arrears if paid direct to the landlord and 2 weekly in arrears if paid to the tenant.

The payment of Housing Benefit is dependent on two things, the property type and the circumstances of the tenant. Not all claimants receive full Housing Benefit, it can cover part of the rent for people on low incomes.

As a landlord you will want to know that the tenant can meet the rental liability. If a tenant informs you that they are claiming Housing Benefit in order to help them meet the rental payment then it is in your interests to complete the Certificate of Occupation section of your tenant's claim form to ensure the claim can be processed.

Do remember, that Housing Benefit is the claimant's benefit, this means that there are restrictions on what we can tell you regarding the tenant's Housing Benefit claim.

Local Housing Allowance

Local Housing Allowance (LHA) is a new Housing Benefit Scheme for tenants who rent accommodation from private landlords. The scheme enables people who are thinking about moving to privately rented accommodation to know in advance what rent level their Housing Benefit would be based on.

This will help tenants choose the accommodation they can afford. We have divided Northern Ireland into eight Broad Rental Market Areas. Each area will cover a number of neighbourhoods. We will set LHA rates for the different sizes of property within each Broad Rental Market Area.

The LHA will be published on this website. This will allow landlords and tenants to find out the maximum amount of rent that will be used to calculate Housing Benefit. This will mean that prospective tenants will no longer need to request a Pre-Tenancy Determination. A Certificate of Occupation will still need to be completed by the landlord.

We will need to see evidence of the rent charge. The preferred option is to provide the rent book or a copy of the tenancy agreement or the Statement of Tenancy Terms.

It is also worth noting that certain service charges, for example, heating and lighting, are not eligible to be covered by Housing Benefit.

Housing Benefit Payments

The LHA scheme in Northern IReland is different from the scheme being introduced in England, Scotland and Wales. The method of paying LHA in Northern Ireland will not change. Claimants will still be able to choose if they want their benefit paid directly to themselves or to their landlord.

• Where Housing Benefit is to be paid to the tenant it will be paid 2 weeks in arrears.
• Where Housing Benefit is to be paid to the landlord it will be paid 4 weeks in arrears.

When will Housing Benefit be paid directly to a landlord?

Housing Benefit is normally paid to the claimant. However, under the current rules payments can be made directly to the landlord where:

• the claimant has rent arrears of 6 weeks or more (except where we consider it to be in the overriding interest of the claimant not to make direct payments); or
• an amount of Income Support/JSA (IB) payable to the claimant/partner is being paid direct to the landlord to meet rent arrears, or

Note: The landlord must inform us if either of the above applies.

• the claimant requests or consents to such an arrangement; or
• we consider it to be in the interest of the claimant; or
• benefit is owing to a claimant who has left a dwelling with rent arrears (the amount paid will be limited to the amount of arrears).

Where payment is to be made directly to the landlord we will issue a written notification of the details of the arrangement,

Note: Where Housing Benefit is to be paid to the landlord it will be paid 4 weeks in arrears.

How You Can Help With New Claims

To speed up the processing of new claims,  you should do the following:

• Ensure the tenant has completed a Housing Benefit application form and returned it to the relevant Housing Executive office before the start of the tenancy.
• Ensure that the Certificate of Occupation is completed.
• Ensure the tenant has the Statement of Tenancy Terms, Tenancy Agreement, or a Rent Book, as proof of the tenancy.

Note: New tenancies starting on or after 01 April 2007, the Statement of Tenancy Terms must be given free of charge, to all new tenants within 28 days of the start of the tenancy.

• Download a copy of the Statement of Tenancy Terms (Word.doc 54Kb)

Restrictions on Information

Housing Benefit is an agreement between the Housing Executive and the tenant. This means that there are restrictions on what we can tell you in connection with a claim.

For example, you cannot get information regarding the tenants' income or personal circumstances. Where the tenant indicates on the Housing Benefit claim form that the Housing Benefit is to be paid directly to you then you are what is known as a 'person affected'. You will receive notification from us.

Information and Evidence Required

In addition to the information and evidence that your tenant must provide, you must complete the Certificate of Occupation, contained in your tenants Housing Benefit Claim Form, giving details about the tenancy.

Your tenant may also be asked to provide proof of tenancy, the Statement of Tenancy Terms, Tenancy Agreement or Rent Book. It may be necessary for some claimants to be visited before their claim is processed and if a successful home visit cannot be carried out then this can delay the processing of the claim.