Pension Benefit Outreach Project, Trust /Hanover/ Beild H.A Member since 06th Jun 2006
Housing Benefit Arrears Thu 31-May-07 04:04 PM
Hi i am wondering if someone can help me. I have a older couple who are on Guaranteed Pension Credit and are in arrears with the Housing Association they rent their flat from. What is the maximum they can ask to be deducted from their Pension credit?
money adviser, keynote housing association, birmingham Member since 23rd Jun 2005
RE: Housing Benefit Arrears Fri 01-Jun-07 09:10 AM
if i understand your question correctly, you want to know how much will be stopped from your client's pension credit to be paid to their landlord direct?
in which case the answer is £2.90weekly. i belive i'm right to say that if the rent arrears are above eight weeks rent charge, then the landlord can apply for the deductions without permission from the tenant
Welfare Benefits Advisor, Carrick Housing -on beha, Carrick Housing, Truro, Cornwall Member since 15th Jul 2005
RE: Housing Benefit Arrears Fri 01-Jun-07 11:07 AM
I would be looking into why there are in arrears ? Have they only recently started to receive Pension Credit ? Has it been 'backdated' if so Housing Benefit should follow from the same date. Presume you /they are aware of the 52 weeks 'backdating'for Pensioners ?
I have a client who has asked the local authority to take payments for rent directly from their Income Support, but the authority has refused. My cliennt has problems budgeting and has therefore requested that, rather than the 'pay or we evict' line that is coming from the housing department.
Is there any guidance or case law about how LA's should use the discretion they have to request that DWP make direct payments to cover rental charges?
my understanding is that if the tenant owes eight weeks rent or more in arrears then the tenants permission isnt required to make the request for 3rd party payments. but there are some provisos
the reg is
"social security (claims & payments) regulations 1987. reg 35 and schedule 9 para 5(1)
there is a limit to the number of deductions that can be made to a claimants benefit, so if other authorities have already obtained payments then furthjer requests may be refused