Your circumstances | What to check | More information |
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If you or your partner are liable for rent and/or service charges | Universal credit (UC): If you qualify for UC, you can get a housing costs element to help with your rent and eligible service charges. | Welfare Benefits and Tax Credits Handbook (for subscribers): GOV.UK:
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Housing benefit (HB): if you qualify for it, HB helps with rent and service charges. Note that: If you are single and under pension age, or in a couple and you and/or your partner are under pension age, you can only make a new claim for HB in very limited circumstances. | Welfare Benefits and Tax Credits Handbook (for subscribers):
GOV.UK:
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If you are not named on the tenancy agreement and someone else is liable to pay the rent and/or service charges for the property you live in but is not doing so | UC: if you get UC, check whether you or your partner can be treated as liable to make payments for rent and service charges. You can be treated as liable even if you are not actually liable, if: •the person liable to make payments is not doing so; and •you have to make payments in order to stay in your home; and •it is reasonable to treat you as liable; and •it would be unreasonable to expect you to make other arrangements.
If the Department for Work and Pensions (DWP) refuses to treat you as liable to pay rent and service charges in this situation, check information from our Judicial Review Project. Note that: There are other circumstances when you can be treated as liable to make payments, and some when you are treated as not liable. | Welfare Benefits and Tax Credits Handbook (for subscribers):
CPAG's Judicial Review (JR) Project (England and Wales):
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HB: if you get HB, check whether you can be treated as liable to make payments for rent and service charges. You can be treated as liable even if you are not actually liable, if you have to make payments in order to stay in your home because the person liable to make them is not doing so; and either: •you are the former partner of the liable person; or •it is reasonable to treat you as liable.
Note that: There are other circumstances when you can be treated as liable to make payments, and some when you are treated as not liable. | Welfare Benefits and Tax Credits Handbook (for subscribers): |
If you are a joint tenant and one or more of the other joint tenants has left and is no longer paying their share of the rent (sometimes called an ‘untidy tenancy’ or 'absent joint tenant case') | UC: If you get UC, check the rules on how the total eligible rent and service charges can be apportioned when calculating your entitlement to a housing costs element. If it would be unreasonable to calculate your housing costs element (or your 'core rent' if you are a private rented sector tenant) in the usual way, by including the total number of joint tenants in the calculation, the DWP can apportion the eligible rent and service charges differently. If the DWP refuses to apportion the rent and service charges differently, consider using our tool to create a note to request a mandatory reconsideration of the decision and check information from our Judicial Review Project. Note that: Each joint tenant is jointly and severally liable for the whole amount of the rent and service charges due under the tenancy. | Welfare Benefits and Tax Credits Handbook (for subscribers): Private rented sector tenants:
Social rented sector sector tenants:
CPAG's Welfare Rights Bulletin: (August 2023) CPAG Welfare rights tool (for subscribers):
CPAG's Judicial Review Project (England and Wales):
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HB: If you get HB, check the rules on how the eligible rent and service charges for the property can be apportioned when calculating your entitlement to HB. If the social sector rules apply, or to work out your ‘cap rent’ if the local housing allowance rules apply, the local authority must have regard to all the circumstances, in particular the number of people liable and the proportion of rent paid by each of them. Note that: Each joint tenant is jointly and severally liable for the whole amount of the rent and service charges due under the tenancy. | Welfare Benefits and Tax Credits Handbook (for subscribers):
If the social sector rules apply:
If the local housing allowance rules apply:
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If a deduction is being made from your UC housing costs element or housing benefit because you have a non-dependant living with you | UC: If you get UC, deductions (‘housing costs contributions’) may be made from your UC housing costs element for any ‘non-dependants’ in your ‘extended benefit unit’. •Check who does and does not count as a non-dependant. •Check whether an exception applies which means no housing costs contribution should be deducted. •If a deduction can be made for a non-dependant, a fixed amount should be deducted, check that the amount deducted is correct.
| Welfare Benefits and Tax Credits Handbook (for subscribers): |
HB: If you get HB, a deduction may be made from your HB for a ‘non-dependant’. •Check who does and does not count as a non-dependant. •Check whether an exception applies which means no non-dependant deduction should be made from your housing benefit. •If a non-dependant deduction can be made, check that the amount deducted is correct.
| Welfare Benefits and Tax Credits Handbook (for subscribers): |
If your benefit is reduced because a non-dependant lives with you but the non-dependant is unable to pay the expected contribution towards your rent, consider applying for a discretionary housing payment. | Welfare Benefits and Tax Credits Handbook (for subscribers):
CPAG in Scotland:
GOV.UK:
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If you are affected by the bedroom tax | The amount of your UC housing costs element or HB may be reduced if: •you are living in a property with more bedrooms than you are thought to need; and •for UC, you are a ‘social rented sector tenant’; or •for HB, the ‘social sector rules’ apply to you.
This reduction is known as the ‘bedroom tax’. Check whether you should be exempt from the bedroom tax because of your circumstances. | Welfare Benefits and Tax Credits Handbook (for subscribers): If you get UC:
If you get HB:
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If you are not exempt from the bedroom tax, check: •the number of bedrooms you are entitled to under the rules; and •whether any of the circumstances which entitle you to one or more additional bedrooms apply; and •for HB, whether the imposition of the bedroom tax should be delayed.
| Welfare Benefits and Tax Credits Handbook (for subscribers): If you get UC: If you get HB: |
If you are affected by the bedroom tax, consider applying for a discretionary housing payment. Note that: If you live in Scotland and are affected by the bedroom tax, you are likely to be awarded a discretionary housing payment if you apply to your local authority. This is because the Scottish government has provided extra funds to local authorities to mitigate the effect of the bedroom tax through discretionary housing payments. | Welfare Benefits and Tax Credits Handbook (for subscribers):
CPAG in Scotland:
GOV.UK:
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If you get UC and are a private rented sector tenant and your UC housing element is less than your actual rent because of the effect of the local housing allowance | The local housing allowance that applies to you depends on the number of bedrooms you are allowed under the rules (and whether the shared accommodation category applies to you – see the row below). Make sure that the local housing allowance used is correct by checking: •the number of bedrooms you are entitled to under the rules; and •whether you are entitled to any additional bedrooms.
| Welfare Benefits and Tax Credits Handbook (for subscribers): |
If you: •are aged under 35; and •are single; and •do not have any children for whom you are responsible or non-dependants living with you,
the usual rule is that the amount of help you get with your rent is based on the local housing allowance for one-bedroom shared accommodation rather than one-bedroom self-contained accommodation. As the latter may be more, check whether you fall within an exception which means the shared accommodation rate should not apply to you. | Welfare Benefits and Tax Credits Handbook (for subscribers):
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If your UC housing costs element does not cover all of your rent, consider applying for a discretionary housing payment. | Welfare Benefits and Tax Credits Handbook (for subscribers):
CPAG in Scotland:
GOV.UK:
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If you get HB and the help you get with your rent is restricted under the local housing allowance rules | Check whether you have an ‘excluded tenancy’. If so, your rent should not be restricted by the local housing allowance rules (but if you are a housing association tenant, unless an exception applies your rent may still be restricted by the social sector rules – ie, the bedroom tax may apply). | Welfare Benefits and Tax Credits Handbook (for subscribers):
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If you do not have an excluded tenancy, your local housing allowance is determined by the ‘category of dwelling’ that applies to you. This depends on the number of bedrooms you are allowed under the rules (and whether the shared accommodation category applies to you - see the row below). Make sure that the local housing allowance used is correct by checking: •the number of bedrooms you are entitled to under the rules; and •whether you are entitled to any additional bedrooms.
| Welfare Benefits and Tax Credits Handbook (for subscribers): |
If you are only allowed one bedroom under the rules, and the local housing allowance which has been applied to you is for one-bedroom shared accommodation rather than one-bedroom self-contained accommodation, check that this is correct, given your circumstances. The local housing allowance for the latter may be more. | Welfare Benefits and Tax Credits Handbook (for subscribers):
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Check whether the restriction to the amount of help you get with your rent can be delayed. | Welfare Benefits and Tax Credits Handbook (for subscribers):
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If your HB does not cover all of your rent, consider applying for a discretionary housing payment. | Welfare Benefits and Tax Credits Handbook (for subscribers):
CPAG in Scotland:
GOV.UK:
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If you are getting UC housing cost element or HB but are unable to pay all your housing costs | If your UC housing costs element or HB does not cover your full housing costs (perhaps because the amount awarded has been restricted as a result of the bedroom tax or the local housing allowance rules, or because deductions are being made for non-dependants who live with you, or because of the effect of the benefit cap), consider applying for a discretionary housing payment. If you are refused a discretionary housing payment and live in England or Wales, check information from our Judicial Review Project. Note that: If you live in Scotland and are affected by the bedroom tax or the benefit cap, you are likely to be awarded a discretionary housing payment if you apply to your local authority. This is because the Scottish government has provided extra funds to local authorities to mitigate the effects of the bedroom tax and benefit cap through discretionary housing payments. | Welfare Benefits and Tax Credits Handbook (for subscribers):
CPAG in Scotland:
CPAG's Judicial Review (JR) Project (England and Wales): GOV.UK:
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