Hi everyone

I have a client who has made a claim for HB/CTB but her housing officer has told her that she would not be able to receive HB/CTB if she has is not in receipt of income support but my understanding is that if the client is on a low income she can still be eligible for HB/CTB. However do you know the caselaw which says that people on low income can receive HB/CTB and it would be helpful on which page can it be found welfare benefit and tax benefit handbook (CPAG)

Jeff

Have you tried CPAG? It's quite illuminating.

Jeff

You don’t need case law. It is covered by primary legislation. Section 130(1) of the Social Security (Contributions & Benefits) Act 1992 states: -

A person is entitled to housing benefit if—
(a) he is liable to make payments in respect of a dwelling in Great Britain which he occupies as his home;
(b) there is an appropriate maximum housing benefit in his case; and
(c) either—
(i) he has no income or his income does not exceed the applicable amount; or
(ii) his income exceeds that amount, but only by so much that there is an amount remaining if the deduction for which subsection (3)(b) below provides is made.

Regards
Paul

hi jeff

a very simplistic rule is, as long as your client is responsible for paying the rent and she doesnt have £16k or more in savings, she can apply for HB.

how much she will receive is then subject to a calculation based on her personal circumstances (whether she's single, a lone parent, in a couple disabled etc)and her income and savings. ie its an income related, or more coommonly known as, a means tested benefit.

for the housing officer to say she wont receive any HB unless she's in receipt of income support is very wrong and your client should consider pointing this out to the association that a member of their staff is giving out incorect advice to tenants.

there could be other tenants who may have not claimed after listening to the housing officer. i think that housing officer would be better off telling all tenants that they can and should apply for HB rather than trying to prevent them from doing do.

the CPAG handbook is a benefits bible. there is also the disability rights handbook which i find to be a slightly more easy read and perhaps more of use to the beginner or layman,