Change in circumstance
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Changes in circumstance Minimize

Housing Benefit entitlement depends on the circumstances of the tenant and their family, so a change in those circumstances may affect how much HB is paid, or whether it should continue.

The changes relevant to a HB claim include:

Which changes need to be notified?

Your tenant is obliged to inform the HB office of nearly every relevant change they have in their circumstances although there are a few exceptions. (Note the different rules for people on Pension Credit).
You as landlord have a legal obligation to notify the HB Office of changes in your tenants circumstances that you become aware of that may impact on their benefit entitlement, and could be accused of fraud or of being "not a fit and proper landlord" if you fail in your duty.

How quickly does the change have to be notified?

If the change is "beneficial", ie it means more HB can be paid, your tenant has to notify the HB office within one calendar month of the change for the decision to be superseded from the date of change. Otherwise it can only be changed from the Monday following notification, unless your tenant has special reasons for a late notification, or the 'relevant benefit' rules apply..

If the change means less HB is due, then the HB Office can revise the decision as far back as they like! So if your tenant fails to notify of this sort of change they could end up with a massive overpayment bill.

Now there are no longer ends to benefit periods, it can be a long time before the HB Office makes a check on your tenant's circumstances. Thus it is more important than ever to drive home the message that all changes must be notified promptly.

If the HB Office do not know about the change, there may be an under or overpayment of benefit because the original determination of entitlement needs to be "superseded" by a new determination. (A "supersession" is where HB alters because of a change; if however an entitlement determination is altered because of an error in the original decision this is called a "revision").

Entitlement to Council Tax Benefit:

If your tenant has been getting some Housing Benefit but not been awarded Council Tax Benefit, when their circumstances change they may become entitled. Standard letter CP5.

 

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Sunday, May 20, 2012
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