Usually, to claim Housing Benefit or Universal Credit Housing Costs Element for a property you must occupy the accommodation as your home.
But in some circumstances you can claim Housing Benefit for a property that you no longer live in.
This only works for HB claims. There is no similar rule in UC Housing Costs Element.
HB or UC-HCE: Who claims which?
Since the introduction of Universal Credit you can only make a new claim for Housing Benefit if you:
- Are aged over 66 years. If you have a partner you must both be over this age.
or
- You live in supported accommodation or temporary homelessness accommodation
If these bullet points don’t apply to you, and you need to make a new claim for help with rent, you must claim Universal Credit
This might meant that you naturally migrate from the legacy benefits to UC.
if you are getting legacy benefits, including Housing Benefit, and you move directly to a new home in the same council’s area, you can transfer the old HB claim to the new property.
And because you are not making a new claim, you don’t have to naturally migrate to UC.
Notice Periods: Overlaps and Run-Ons
If you are getting Housing Benefit for a property and you move out of it, but you still have to pay rent for a notice period you can be treated as though you are still living there, and so your Housing Benefit can continue if:
- because of fear of violence*, you move to new home where you do not pay rent. You can be treated as living in the old place for upto four benefit weeks* after you give notice on it, if paying rent for the notice period is unavoidable. [Regulation 7(10)]
- for some other reason you move to a new home where you do not have to pay rent. You can be treated as living in the old place for up to four benefit weeks after the move, if you could not reasonably have avoided having to pay rent for the notice period. [Regulation 7(7)]
- you have moved into to a new home where you do have to pay rent. You can be treated as living in both properties for up to four benefit weeks after the move if you could not reasonably have avoided having to pay two lots of rent. Because you are treated as living in both properties this rule allows overlaps. HB can continue on the old property while HB or UC-HCE is also paid on the new property. [Regulation 7(6)(d)]
Could not reasonably have avoided…
The rules in the second and third bullet points use the words could not reasonably have avoided.
In relation to the overlaps rule, paragraph 3.682 of the DWP’s Housing Benefit Manual (which is guidance not law) says that these rules must only be used in exceptional circumstances; people generally plan their move in advance and will normally be able to avoid having dual liabilities.
This misses the point though. The important question is whether you could have avoided having to pay rent for the notice period or the overlap. Not the reason for the move.
If you take on a new property where you will pay rent you should try to arrange for your new tenancy to start when your old notice period ends.
If this is not possible you should ask your old landlord to waive the notice period.
If your old landlord refuses you will be able to explain that you could not reasonably have avoided having two lots of rent to pay.
If you move to a new place where you will not pay rent you might want to wait until your notice period ends.
If this is not possible you should ask your old landlord to waive the notice period.
If your old landlord refuses you will be able to explain that you could not reasonably have avoided having to pay rent for that time
* What’s with the asterisks?
The fear of violence rule refers to fear of violence in the home, or by a former family member.
Violence need not have taken place. What matters is whether you reasonably fear that violence will take place.
This rule covers domestic abuse, racial harassment, neighbourhood disputes or any other situation where a reasonable fear of violence arises.
A benefit week is a week that runs from Monday to Sunday.
The information above refers to Regulation 7 according to your age this is either: